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HomeMy WebLinkAbout22264 Staff Report Page 1 of 37 22264; City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat. Public Meeting/Hearing Dates: Planning Board public meeting - Monday, April 3, 2023, at 6:00 pm. City Commission public hearing - Tuesday, April 18, 2023, at 6:00 pm Project Description: A major subdivision preliminary plat of a 24.14-acre Tract to create 15 lots consisting of 3 mixed commercial and apartment residential lots zoned B2-M; 2 two-household residential lots zoned R-3; 2 apartment residential lots zoned R-5; and 4 four-household residential lots zoned R-3; 3 City park lots; and 1 private open space lot; along with dedicated street rights-of-way. Property Description: Tract 7B of COS No. 2408, excepting out MDT ROW deed parcels Doc. No. 2532621 and No. 2532622, and the westerly 33.34’ of Lot 45, and all of Lots 46 and 47 of Mt. Baldy Subdivision (Plat F-10), excepting out MDT ROW deed parcels Doc No. 2532623 and No. 2532624. Project Location: The property is addressed as 980 Story Mill Road, located within portions of the SW 1/4 of S32, T1 S, R5 E, P.M.M., City of Bozeman, Gallatin County, MT Development Review Committee Finding: The application conforms to standards and is sufficient for approval with conditions and applicable code provisions. Planning Board Review: On April 3, 2023, the Planning Board reviewed this application for conformance with the City’s Growth Policy. Their comments are noted in Attachment A to this report. They passed a Motion to approve, with a recommendation that the Applicant meets with the neighbors before the April 18, 2023, City Commission meeting, by unanimous 7 to 0 vote. City Commission Motion: “Having reviewed and considered the application materials, public comment, the Planning Board’s recommendation, and all the information presented, I hereby adopt the findings presented in the staff report for application 22264 and move to approve the Canyon Gate Major Subdivision Preliminary Plat with conditions and subject to all applicable code provisions.” Report Date: April 11, 2023 Staff Contact: Susana Montana, Senior Planner; Ross Knapper, Development Review Coordinator Mikaela Schultz, Project Engineer Agenda Item Type: Action (Quasi-judicial) City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 2 of 37 EXECUTIVE SUMMARY This report is based on the application materials submitted and public comments received to date. The application materials are available in the City’s Laserfiche archive and may be accessed through the Community Developer Viewer at: https://weblink.bozeman.net/WebLink/Browse.aspx?startid=264157 A compilation of public comments received to date is attached to the agenda item. Should additional written public comments be received they will be included in the City’s Laserfiche file and available to the public at: https://weblink.bozeman.net/WebLink/Browse.aspx?id=273210&dbid=0&repo=BOZEMAN Unresolved Issues. There is one unresolved issue related to this preliminary plat application: Internal connection to Northview Street to the east. The Planning Board unanimously passed a Motion urging the Applicant to meet with neighbors, including neighbors of the abutting Legends at Bridger Creek Subdivision Phase II subdivision, to seek an easement over Legends HOA open space lands to connect Canyon Gate Boulevard within the subject subdivision to Northview Street lying within the Legends II Subdivision (see Figures 6 and 7). This Northview Street connection from the eastern terminus of Canyon Gate Blvd. would provide more direct/efficient access to Bridger Drive, a principal arterial roadway. It would also facilitate travel between the two adjacent subdivision neighborhoods. The City understands that a connection from the Canyon Gate subdivision to Northview Street would optimize connectivity and would, overall, reduce travel time, reduce potential traffic conflicts on other neighborhood streets with pedestrians of all ages and abilities, and would reduce traffic congestion on those other streets. The City cannot require the Legends II HOA to grant the necessary easement to the Applicant. However, if the easement is granted, the Applicant would be obligated to extend Canyon Gate Blvd. to Northview Street to City standards. The Applicant has stated that he is willing to pay for the easement and for the road extension. The only unresolved issue is whether the HOA will grant the easement. Project Summary The Department of Community Development received a Subdivision Preliminary Plat application for the Canyon Gate project on August 24, 2022, requesting to subdivide a 24.14- acre Tract into 15 lots consisting of 3 mixed commercial and apartment residential lots zoned B2-M; 2 two-household residential lots zoned R-3; 2 apartment residential lots zoned City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 3 of 37 R-5; and 4 four-household residential lots zoned R-3; 3 City park lots; and 1 open space lot zoned REMU; along with dedicated street rights-of-way. A concept development plan for this subdivision could produce up to 470 dwelling units and up to 40,000 square feet of commercial space. This Tract of land was annexed into the City and was granted the four zoning designations, B2-M, R-3, R-5 and REMU, in April 2022 (Project No. 21337). On February 13, 2023, the Development Review Committee (DRC) found the Preliminary Plat application sufficient for continued review and recommends the conditions and code provisions identified in this report. The subdivider did not request any subdivision or zoning variances with this application. The final decision for this first major subdivision preliminary plat must be made within 60 working days of its being deemed adequate for further review, or by May 1, 2023. Alternatives 1. Approve the application with the recommended conditions; 2. Approve the application with modifications to the recommended conditions; 3. Deny the application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Continue the public meeting on the application, with specific directions to staff or the subdivider to supply additional information or to address specific items. City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 4 of 37 TABLE OF CONTENTS EXECUTIVE SUMMARY ................................................................................................................. 2 Unresolved Issues. ............................................................................................................. 2 Project Summary ............................................................................................................... 2 Alternatives ........................................................................................................................ 3 SECTION 1 – MAP SERIES ............................................................................................................. 5 SECTION 2 – REQUESTED VARIANCES ..................................................................................... 12 SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL .................................................. 12 SECTION 4 – CODE PROVISION REQUIREMENTS .................................................................... 14 SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS .................................................... 16 SECTION 6 – STAFF ANALYSIS AND FINDINGS ........................................................................ 16 Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. ........................ 16 38.220.060 Documentation of compliance with adopted standards .......................... 20 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY .............................................. 28 APPENDIX B – DETAILED PROJECT DESCRIPTION ................................................................. 32 APPENDIX C – NOTICING AND PUBLIC COMMENT ................................................................. 33 APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF .......................................... 33 FISCAL EFFECTS .......................................................................................................................... 33 ATTACHMENT LINKS .................................................................................................................. 33 City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 5 of 37 SECTION 1 – MAP SERIES Figure 1: Vicinity Map Figure 2 – Zoning Map City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 6 of 37 Figure 3: Existing Site Conditions Map [historical flood path shown in blue] Figure 4: Open Space (yellow) and Parks (green) in vicinity; Site in red City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 7 of 37 Figure 5: Community Plan 2020 Future Land Use Designations City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 8 of 37 Figure 6: Preliminary Plat Summary Figure 7: Potential Canyon Gate Blvd. connection to Northview Street City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 9 of 37 Figure 8: Preliminary Plat City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 10 of 37 Figure 9: Concept Development Plan City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 11 of 37 Figure 10: Concept Green Plan City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 12 of 37 Figure 11: Parks Plan SECTION 2 – REQUESTED VARIANCES The subdivider did not request any subdivision or zoning variances with this preliminary plat application. SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. These conditions are specific to this project. 1. BMC 38.600.170. Flood Risks. The following recommended conditions of approval address flood hazard mitigation, flood risk notification, and indemnity for the Canyon Gate subdivision project. A. Prior to issuance of public infrastructure plan approval by the City, the following must occur: i. The flood hazard evaluation (FHE) report shall be sealed and certified by a professional engineer. The certification shall include a statement that the proposed 100-yr flood hazard mitigation plan is adequate to keep the City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 13 of 37 proposed development reasonably safe from flooding and does not increase the identified existing risk of 100-yr flooding to other properties. ii. The design engineer shall certify that all proposed flood hazard mitigation improvements contained in the stormwater design report and stormwater infrastructure plans and specs are adequately sized to convey the relevant 100-year flood flows identified in the certified flood hazard evaluation report. iii. Offsite drainage easements shall be secured from all property owners along the 100-yr flood conveyance path identified in the certified FHE report between the offsite point of discharge of the proposed 100-yr flood routing pipeline and the offsite point of flood flow return to Bridger Creek. Alternatively, in lieu of drainage easements, the Applicant may provide a legal analysis, acceptable to the City Attorney, verifying that those drainage easements are not required under applicable state law and local ordinance. B. Prior to final plat approval, a notification provision shall be provided on the final plat ‘Conditions of Approval’ sheet notifying future property owners, in language approved by the City Attorney, that the subdivision is subject to 100-year flood hazards identified in the FHE that are not reflected in the official FEMA Flood Insurance Study (FIS) and Flood Insurance Rate Maps (FIRMs) effective April 21, 2021. The notification provision shall also state that the future revision of the official FEMA FIS and FIRMs may place/map portions of the development into the regulatory floodplain, potentially subjecting property owners of those areas to local floodplain regulations and federal flood insurance mandates. C. Prior to final plat approval, the Applicant shall sign a hold harmless and indemnity agreement, to be prepared by the City Attorney and filed with the Gallatin County Clerk & Recorder, acknowledging the risk of proceeding with development review applications prior to updated FEMA maps and agreeing to forever hold the City harmless and defend it against claims. 2. 38.400.080 and 110. Sidewalk Widths. The final determination of sidewalk width on the west side of Story Mill Road will be made by the City prior to Infrastructure Plan approval and in cooperation with the Transportation Master Plan relevant to the Canyon Gate area. 3. 38.410.070. Sanitary Sewer Systems. a. Prior to engineering infrastructure approval of the Canyon Gate Subdivision, the Applicant must agree in writing to pay for the cost associated with an independent third-party analysis of the downstream sewer system serving the development. The City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 14 of 37 analysis must quantify the downstream system's existing and future build-out capacity in relation to the proposed Canyon Gate development. The engineer retained to produce the independent third-party analysis must be acceptable to the City. b. If the City-required downstream sewer analysis, as identified in 3.a above, demonstrates that the subject development does not have adequate downstream sewer capacity in accordance with BMC 38.410.070 A, then identified downstream sewer improvements must be installed by the Applicant and formally accepted by the City in accordance with BMC 38.270.030. c. Prior to engineering infrastructure approval of the Canyon Gate Subdivision, if the Applicant proceeds with their proposal to divert upstream sewage from the East Gallatin River Drainage Basin (Headlands Subdivision Drainage Basin Section) as presented in their sewer report, then the Applicant must agree in writing to pay for the cost associated with an amendment to the City's on-going Wastewater Facility Planning effort. The amendment must incorporate the proposed upstream wastewater diversion, update the City's hydraulic model, and incorporate any findings in the analysis identified in 3.a above into the City's facility plan. SECTION 4 – CODE PROVISION REQUIREMENTS 1. Sec. 38.100.080 – Compliance with regulations required. The Applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, do not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. BMC 38.220.060.12. Private Utility Services. Prior to Final Plat approval, the Applicant must provide documentation of responses from private utility companies that they reviewed the subdivision plat and that the plat can be provided with service, and the locations of private utilities have been coordinated with the locations of the proposed public utilities. 3. 38.240.150.C. Standard Subdivision Conditions of Approval. Prior to Final Plat approval the Applicant shall add the following condition of approval to the Final Plat Sheet 3 Conditions of Approval section: a. No crawl spaces or basements may be constructed. Sump pumps are not allowed to be connected to the sanitary sewer. Sump pumps are also not allowed to be connected to the drainage system unless capacity is designed into the drainage system to accept the pumped water. Water from sump pumps may not be discharged onto streets, such as into the curb and gutters where they may create a safety hazard for pedestrians and vehicles; City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 15 of 37 b. All downstream water user facilities will not be impacted by this subdivision; c. All lot frontages are subject to a 10-foot wide front setback utility easement; d. If a utility easement is greater than the building setback required under Chapter 38 of the Bozeman Municipal Code (B.M.C.) said easement shall apply; e. The property owners association bears all responsibility of maintenance for the storm water facilities, storm water open space lots, pedestrian open space lots, and street frontage landscaping for the perimeter streets. Maintenance responsibility must include, all vegetative ground cover, boulevard trees, and irrigation systems in the public-right-of-way boulevard strips along all external perimeter development streets. The property owners association must be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all perimeter street frontage landscaping, storm water facilities, and all open space landscaping; and f. Lot access must be constructed to the standards set forth by the City of Bozeman Design Standards and Specifications, and per the City of Bozeman Modifications to the State Public Works Standard Specifications per BMC requirements. 4. 38.400100. Street Vision Triangle and Street Trees. Prior to infrastructure approval, the Applicant must revise their proposed landscaping plan along both Story Mill Road and Bridger Canyon Blvd. to reduce the impact of street trees on vehicular sight visibility triangle distances. The Applicant must provide an updated landscaping plan to the City’s Transportation Division for review and approval prior to final plat submittal. 5. 38.420. Parks Resources. a. Add a note to the final plat which states: “Per 38.350.060 Bozeman Unified Development Code, fences located along or in the rear or side setback of properties adjoining any City linear park must have a maximum height of four feet.” b. The developer must install signage at the perimeter of any private parking lot that is adjacent to a City park stating that snow storage is not allowed within the public park. The Applicant must add a note to the final plat indicating that snow removal from park sidewalks that serve as primary egress from private lots is the responsibility of the Property Owners Association. The Applicant must provide an exhibit of snow removal responsibility within the Park Master Plan. c. A preconstruction meeting with the Parks Division is required prior to any site work. Applicants must provide the most recent park plans and request a meeting at least 30 days prior to the commencement of parkland construction. City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 16 of 37 d. Prior to the City’s final acceptance of public park improvements or public street improvements, the Applicant shall ensure that the City obtains ownership, free from any defects in title as determined by the City, of any irrigation water rights appurtenant to those City parks or City streets. e. If an exempt well is proposed to provide irrigation water supply for the development, a written determination from DNRC shall be provided prior to final site plan approval indicating that the proposed exempt water use is allowable under applicable State law governing the use of exempt wells. f. An irrigation system that is privately owned and maintained shall be entirely separate and discrete from an irrigation system that is City owned and maintained. g. The Applicant must include this note on the final plat: “Private utilities are not allowed within parkland unless otherwise approved by the Director of Parks and Recreation.” SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS The Development Review Committee (DRC) determined the application was sufficient for continued review and recommended approval with conditions on February 13, 2023. The Planning Board met on April 3, 2023 to review and make a recommendation to the City Commission on the preliminary plat application. Their comments are noted in Attachment A and their approval Motion is noted above on page 1. The City Commission public hearing on the Preliminary Plat will be held Tuesday, April 18, 2023 at 6:00 pm at 121 N Rouse in the City Commission chambers. Electronic access to the meeting may be available as outlined on the published agenda of the meeting. SECTION 6 – STAFF ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, plans, staff presentations, Applicant presentations, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review. Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. In considering applications for subdivision approval under this title, the advisory boards and City Commission shall consider the following: City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 17 of 37 1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act The preliminary plat was prepared in accordance with the surveying and monumentation requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. As noted in the code requirements, the final plat must comply with State statute, Administrative Rules of Montana, and the Bozeman Municipal Code. 2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act The final plat must comply with the standards identified and referenced in the Bozeman Municipal Code. The subdivider is advised that unmet code provisions, or code provisions not specifically listed as a condition of approval, do not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Sections 3 and 4 of this report identify conditions and code provisions necessary to meet all municipal standards. The listed code requirements address necessary documentation and compliance with standards. Therefore, upon satisfaction of all conditions and code corrections the subdivision will comply with the subdivision regulations. Floodplain Impacts. Condition Number 1 addresses potential adverse floodplain impacts associated with the proposed subdivision. The mapped special flood hazard areas for Bridger Creek above Story Mill Road have not been updated by FEMA since its original detailed flood insurance study was completed in 1982. Substantial natural change, much of which is related to beaver activity, has occurred to the creek channel since that time. Significant manmade alterations near the mapped special flood hazard areas for Bridger Creek have also taken place over the ensuing 40+ years; notably, residential subdivision development. Despite these natural and manmade changes, FEMA’s currently effective FIRMs [flood insurance rate maps] still reflect the Bridger Creek flood hazards that were identified and mapped in the early 1980s. Canyon Gate Subdivision flood hazard evaluation. The Canyon Gate project was required to prepare a flood hazard evaluation (FHE) to determine the nature of the existing flood hazard at the subject property. This is because the effective flood study and FIRMs for Bridger Creek are outdated and can no longer be confidently relied upon for flood risk identification and mitigation purposes. The FHE utilizes accurate and contemporary topographic LiDAR [light detection and ranging remote sensing mapping] data along with advanced 2-D hydraulic modeling techniques to simulate the existing 100-year flood hazard for Bridger Creek with a much higher level of confidence. The FHE can be utilized to identify the existing flood risk at the subject property and flood mitigation infrastructure solutions intended to keep the development reasonably safe from flooding and ensure that flood risk to other properties is not increased as a result of the City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 18 of 37 development. These policy concepts of risk identification, mitigation, and prevention of adverse effects to others are bedrock principles enshrined in the federal NFIP, state floodway and floodplain management act, and local floodplain regulations. Upcoming FEMA restudies & remapping of Bridger Creek special flood hazard area. In personal communications held December 1, 2022, with the Water Operations Bureau Chief at MT DNRC (responsible for overseeing the state’s floodplain mapping program, which occurs cooperatively with FEMA), the City learned that flood hazards associated with Bridger Creek are scheduled to be restudied and remapped by FEMA beginning 2025. Upon completion of the restudy effort, new FIRMs will be produced and become effective for regulatory purposes. In the intervening period, the FHE will be utilized for flood risk identification, and mitigation, and to ensure no adverse effects to others as related to the subject development. The City advises the Applicant that the FHE has not been completed to FEMA standards, so the Canyon Gate developer takes on the risk that the upcoming FEMA study could conclude that flood risk persists despite mitigation measures installed to mitigate the flood risks identified in the FHE. Those flood risks, once officially effective for regulatory purposes, may impact the future development potential of the subject property, increase regulatory compliance costs, and/or mandate future property owners of the development to purchase flood insurance. Private Utility Services. Code Provision No. 2 addresses the need to demonstrate that essential private utility services can be provided to the subdivision. Code Provision No. 3 requires standard conditions to be written on the Sheet 3 “Conditions of Approval” Sheet of the Final Plat. Condition of Approval No. 2 addresses the City’s Transportation Plan which seeks a proper width sidewalk along the west side of Story Mill Road. Code Provision No. 4 ensures that sight visibility triangles along Story Mill Road and Bridger Canyon Blvd. are not reduced due to street tree plantings therein. Condition No. 3 addresses sanitary sewer service to the subdivision. An independent third- party analysis of the downstream sewer system serving the development is required. If this analysis determines that sufficient sanitary sewer service is not available, in accordance with BMC 38.410.070.A, the Applicant must install identified downstream sewer improvements and these improvements which must be accepted by the City in accordance with BMC 38.270.030. Code Provision No. 5 addresses standard City Parks and Recreation policies related to parks dedicated to the City and lying within this subdivision. City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 19 of 37 3) Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act The Bozeman Planning Board public meeting and City Commission public hearing were properly noticed in accordance with the Bozeman Municipal Code. Based on the recommendation of the Development Review Committee (DRC) and other applicable review agencies, as well as any public testimony received on the matter, the City Commission will make the final decision on the subdivider’s request. The subdivider requested review of this subdivision under the terms of 76-3-616 MCA as authorized in 38.240.100. The Department of Community Development received a preliminary plat application on August 24, 2022. The DRC reviewed the preliminary plat application and determined the submittal did not contain detailed, supporting information that was sufficient to allow for the continued review of the proposed subdivision. A revised application was received on December 21, 2022, and again on January 31, 2023. The DRC determined the revised application was adequate for continued review on February 13, 2023, and recommended conditions of approval and code corrections for the staff report. The City scheduled public notice for this application for posting on the property and mailing to adjacent property owners on February 28, 2023, and again on March 17, 2023. Public comment is provided in a separate Laserfiche folder: https://weblink.bozeman.net/WebLink/Browse.aspx?id=273210&dbid=0&repo=BOZEMAN On April 11, 2023, this staff report was completed and forwarded to the City Commission with a recommendation of conditional approval. 4) Compliance with Chapter 38, BMC and other relevant regulations Community Development staff and the DRC reviewed the preliminary plat against all applicable regulations and the application complies with the BMC and all other relevant regulations with conditions and code corrections. This report includes Conditions of Approval and required code provisions as recommended by the DRC for consideration by the City Commission to complete the application processing for final plat approval. All municipal water and sewer facilities will conform to the regulations outlined by the Montana Department of Environmental Quality and the requirements of the Design Standards and Specifications Policy and the City of Bozeman Modifications to Montana Public Works Standard Specifications. City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 20 of 37 5) The provision of easements to and within the subdivision for the location and installation of any necessary utilities The final plat will provide and depict all necessary utilities and required utility easements. All easements, existing and proposed, must be accurately depicted and addressed on the final plat and in the final plat application. Public utilities are located within the dedicated street right of ways. 6) The provision of legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel The final plat will provide legal and physical access to each parcel within the subdivision. All of the proposed lots will have frontage on public streets constructed to City standards with lot frontage meeting minimum standards as shown on the preliminary plat. 38.220.060 Documentation of compliance with adopted standards The Development Review Committee (DRC) completed a subdivision pre-application plan review on July 7, 2022 and no variances were requested. The Applicant requested concurrent construction of public infrastructure for the subdivision. The staff offers the following summary comments on the documents required by Article 38.220.060, BMC. 38.220.060.A.1 – Surface water There are no streams, irrigation ditches, or wetlands on the property. There are no alterations to water bodies proposed or required for the project. Due to concerns about the accuracy and age of the existing floodplain mapping of nearby Bridger Creek, the City of Bozeman Floodplain Administrator recommended that a Flood Hazard Evaluation be conducted as noted above and in Condition of Approval No. 1. The evaluation found that a 100-year flood of Bridger Creek inundates portions of the adjacent Legends Subdivision and of the proposed Canyon Gate Subdivision, even though it is not identified by existing FEMA floodplain mapping. The historical flood path is shown on plan sheet C0.3 and Figure 3 above. 38.220.060.A.2 - Floodplain The mapped special flood hazard areas for Bridger Creek above Story Mill Road have not been updated by FEMA since its original detailed flood insurance study was completed in 1982. Substantial natural change, much of which is related to beaver activity, has occurred to the creek channel since that time. Significant manmade alterations near the mapped special flood hazard areas for Bridger Creek have also taken place over the ensuing 40+ years; notably, residential subdivision development. Despite these natural and manmade City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 21 of 37 changes, FEMA’s currently effective FIRMs still only reflect the Bridger Creek flood hazards that were identified and mapped in the early 1980s. Canyon Gate Flood Hazard Evaluation The Canyon Gate project was required to prepare a flood hazard evaluation (FHE) to determine the nature of the existing flood hazard at the subject property. This is because the effective flood study and FIRMs for Bridger Creek are outdated and can no longer be confidently relied upon for flood risk identification and mitigation purposes. The FHE utilizes accurate and contemporary topographic LiDAR data along with advanced 2-D hydraulic modeling techniques to simulate the existing 100-year flood hazard for Bridger Creek with a much higher level of confidence. The FHE can be utilized to identify the existing flood risk at the subject property and flood mitigation infrastructure solutions intended to keep the development reasonably safe from flooding and ensure that flood risk to other properties is not increased as a result of the development. These policy concepts of risk identification, mitigation, and prevention of adverse effects to others are bedrock principles enshrined in the federal NFIP, state floodway and floodplain management act, and local floodplain regulations. Upcoming FEMA Restudy and Remapping of Bridger Creek Special Flood Hazard Area In personal communications held December 1, 2022 with the Water Operations Bureau Chief at MT DNRC (responsible for overseeing the state’s floodplain mapping program, which occurs cooperatively with FEMA), the City learned that flood hazards associated with Bridger Creek are scheduled to be restudied and remapped by FEMA beginning 2025. Upon completion of the restudy effort, new FIRMs will be produced and become effective for regulatory purposes. In the intervening period, the FHE will be utilized for flood risk identification, mitigation, and to ensure no adverse effects to others as related to the subject development. The City advises the Applicant that the FHE has not been completed to FEMA standards, so the Canyon Gate developer takes on risk that the upcoming FEMA study could conclude that flood risk persists despite mitigation measures installed to mitigate the flood risks identified in the FHE. Those flood risks, once officially effective for regulatory purposes, may impact the future development potential of the subject property, increase regulatory compliance costs, and/or mandate future property owners of the development to purchase flood insurance. See Condition of Approval No. 1. 38.220.060.A.3 – Groundwater. Groundwater monitoring was conducted as part of the geotechnical investigation. The results of the groundwater monitoring are provided in the Geotechnical Report. Groundwater monitoring was conducted at 8 monitoring wells from March 2022 to May 2022. The seasonal high groundwater was found to range in depth from 6.44’ to greater than 13 feet. Groundwater is flowing to the west and is assumed to discharge City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 22 of 37 to the East Gallatin River about ½ mile to the west. The range of groundwater depth encountered was largely due to the rolling topography of the site with some wells located at lower or higher relative locations. After site grading, high groundwater will more consistently be about 10’ below the surface. The significant depth of groundwater will protect it from degradation. Additionally, stormwater will be treated and infiltrated back into the ground to maintain the existing groundwater hydrology. Lastly, City sewers will collect wastewater from the property. Code Provision No. 3.a. prohibits crawl spaces or basements within any buildings within this subdivision without the review and approval of a professional engineer licensed to practice in Montana and requires such notice to be placed in the Conditions of Approval Sheet of the final plat. 38.220.060.A.4 - Geology, Soils, and Slopes. A geotechnical investigation was conducted on the property. The Geotechnical Report did not find any geologic hazards on the property. The report found that “site conditions pose little risk to construction associated with the planned development.” Soils are suitable for conventional foundation and site development construction. Soil properties, borehole logs, and groundwater monitoring results are provided in the report. Site grading is expected to be typical of urban development and large cuts and fills are not proposed. In general, the rolling topography will be smoothed out to better accommodate roadway and building site grades, and the site will be slightly elevated to mitigate concerns from flooding in the adjacent Legends subdivision. 38.220.060.A.5 – Vegetation. The site is currently occupied by pasture grass and some groves of mature native trees. The existing tree locations are shown on plan sheet C0.3 and Figure 3 above. The property has been historically farmed, but is presently fallow and is surrounded by developed property. No critical plant communities requiring protective measures exist on the property. A Weed Management Plan has been submitted to the Gallatin County Weed Board and a copy of the plan has been submitted with this application. 38.220.060.A.6 – Wildlife. The Canyon Gate Site is surrounded by urban development. There is a wetlands wildlife corridor north of the Site at Bridger Creek. Chapter 5 of the 2020 Community Plan states that “lands within the designated urban area are typically utilized for development purposes and will have a minor impact on wildlife habitat. […] The habitat needs of larger and/or predatory wildlife species such as deer, moose, bears, coyotes, or similar species will not be met within urban density development and will likely conflict with people. Therefore, these types of animals are found to be undesirable within the City boundaries.” The parkland and open space in the proposed Canyon Gate development may inevitably be used by wildlife of all types. The east-west “green corridor” within the Site will likely connect the community to the surrounding parks and may continue to serve as a path for animal migration. No endangered species or species of concern use the area affected by City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 23 of 37 the proposed subdivision, and there are no significant wildlife areas on the site to identify. The Site is not adjacent to public lands or known hunting or fishing areas; however, the subdivision will improve public access by connecting truncated streets, trails, and sidewalks to nearby public parks and recreational areas (see Figure 4). The proposed 3.06-acre public parks (2.33-acres) and open space (0.73-acre) areas within the development are designed with an extensive trail system to safely connect to public lands throughout the surrounding Story Mill District. 38.220.060.A.7 – Agriculture. The property has been historically farmed, but is presently fallow and is surrounded by developed property. The site is currently occupied by pasture grass and mature trees and is not actively used for agriculture. 38.220.060.A.8 - Agricultural Water User Facilities. There are no agricultural water user facilities on the property. 38.220.060.A.9 - Water and Sewer. Engineering Reports for Water and Sewer are provided in the Documents application. Sanitary Sewer Systems may need upgrading to service the subdivision as is noted in Condition of Approval 3 a, b, and c: a. Prior to engineering infrastructure approval of the Canyon Gate Subdivision, the Applicant must agree in writing to pay for the cost associated with an independent third-party analysis of the downstream sewer system serving the development. The analysis must quantify the downstream system's existing and future build-out capacity in relation to the proposed Canyon Gate development. The engineer retained to produce the independent third-party analysis must be acceptable to the City. b. If the City-required downstream sewer analysis, as identified in 6.a above, demonstrates that the subject development does not have adequate downstream sewer capacity in accordance with BMC 38.410.070 A, then identified downstream sewer improvements must be installed by the Applicant and formally accepted by the City in accordance with BMC 38.270.030. c. Prior to engineering infrastructure approval of the Canyon Gate Subdivision, if the Applicant proceeds with their proposal to divert upstream sewage from the East Gallatin River Drainage Basin (Headlands Subdivision Drainage Basin Section) as presented in their sewer report, then the Applicant must agree in writing to pay for the cost associated with an amendment to the City's on-going Wastewater Facility Planning effort. The amendment must incorporate the proposed upstream wastewater diversion, update the City's hydraulic model, and incorporate any findings in the analysis identified above into the City's facility plan. New water and sewer mains will be extended in the proposed streets to serve the lots within the Canyon Gate subdivision. The proposed parks and open space will be irrigated with City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 24 of 37 exempt well(s) and irrigation requirements are within the regulatory limits of an exempt water right. A confirmation letter from the DNRC is included in the Documents. Water rights for the subdivision lots will be provided by cash-in-lieu of water rights (CILWR) payments. Due to the large lots proposed, all future lot development will undergo a Site Plan review. The CILWR will be determined and paid upon the plan review and development of each lot. Concurrent construction of subdivision infrastructure and site development is proposed for the residentially zoned lots, to enable site plan and building permit reviews to proceed for the initial projects while subdivision infrastructure is being completed, inspected and accepted by the City. 38.220.060.A.10 - Stormwater Management. Stormwater runoff will be mitigated for subdivision streets, parks, and open spaces. On-site stormwater mitigation will be provided for the development of each lot at the time of lot development. Flood conveyance piping is also described in the Storm Drainage Engineer’s Report. 38.220.060.A.11 - Streets, Roads, and Alleys. Canyon Gate is accessed by Bridger Drive (Highway 86), Story Mill Road, and extensions of Spirit Crossing Lane and Maiden Spirit Street from the Legends Subdivision. A new north-south Lucy Lane will be provided on the east side of the subdivision. The City is currently improving the intersection of Bridger Drive and Story Mill Road and is installing a traffic signal there. The Canyon Gate subdivision improvements consist of dedicating rights-of-way (ROW) and widening Story Mill Road to a City Collector standard from Bridger Road to Boylan Road. Interior streets will be constructed to a 35-foot-wide local street standard within a 60-foot-wide ROW. Proposed street sections are provided on plan sheet C4.1. Bicycle lanes are provided on Story Mill Road. Ten-foot-wide shared-use pathways will be provided on the east side of Story Mill Road north of Bridger Road. Per Condition No. 2, the Applicant will provide an adequate shared use path on the west side of Story Mill Road north of Bridger Road in accordance with the City’s Transportation Plan, to the extent of the Site’s frontage, provided landowners and the County grant permissions. These pathways in conjunction with the internal park pathways will provide enhanced multi-modal connectivity between existing and proposed community parks and neighborhoods. All local streets proposed in the Canyon Gate subdivision include City Standard sidewalks on both sides of the street. Lot 1 of Block 5, at the intersection of Story Mill Road and Bridger Road, is proposed to be directly accessed from both Bridger Road and Story Mill Road if permission is granted for a driveway access point from Bridger Road. This lot is proposed as a large, mixed-use lot. Additionally, shared access for Lots 1 and 2 of Block 1 is proposed from Story Mill Road. The suitability of these accesses is addressed in the Traffic Impact Study. Only minor modifications to existing streets are required. As mentioned previously, Story Mill Road will be improved to City Collector Standards. An existing approach continuing Weeping Rock Lane south of Boylan City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 25 of 37 Road will be removed since this street is not required to be extended. If granted permission by MDOT and the City, an existing approach on Bridger Road will be relocated to the west to serve Lot 1 of Block 5. Occasional street closures will be required during utility and street construction. All streets will be paved and gravel alleys are not proposed. Proposed streets will be City owned and maintained. Stormwater collection and mitigation will be provided for new subdivision streets and Story Mill Road. Stormwater will be treated and infiltrated in a sub-surface system located on the common open space Lot A in Block 1. The property owner's association will maintain the stormwater mitigation system serving the City streets located on the common open space Lot A in Block 1. The Traffic Impact Study (TIS) describes the traffic generation, capacity analysis and level of service, and any traffic calming required as mitigation for potential adverse traffic impacts to neighborhoods. The TIS shows that all intersections and approaches will operate at a level of service “C” or better. Concurrent construction of subdivision infrastructure and site development is proposed for the residentially-zoned lots to enable site plan and building permit reviews to proceed for the initial projects while subdivision infrastructure is being completed. The Concurrent Construction Plan must address compliance with BMC Section 38.270. 38.220.060.A.12 – Non-Municipal Utilities. The subdivision plat has been provided to NorthWestern Energy, Yellowstone Fiber, Spectrum, and Century Link for review. To date, no response has been provided. Code Provision No. 2 requires proof from the private utilities that they can and will serve the subdivision. Canyon Gate is surrounded by existing development with multiple points of service from existing utilities. Non-municipal utilities will be located in 10’ wide utility easements running along all subdivision streets and lot frontages. To accommodate the widening of Story Mill Road, the existing overhead power line running along this street is proposed to be relocated underground in the new utility easement provided on the preliminary plat. The proposed utility easements outside of the City rights-of-way will reduce conflicts between municipal and non-municipal utilities. 38.220.060.A.13 - Land Use. Canyon Gate Subdivision consists of 24.14 acres to be subdivided into 11 buildable lots, 3 parks, an open space lot, and street rights-of-way. The property has been annexed into the City of Bozeman and has four zoning designations: B- 2M, REMU, R-5, and R-3. Three lots are proposed within the western B-2M zoning for mixed- use (residential above commercial space). Six lots adjacent to existing residential development are proposed within the R-3 zoning for medium-density residential. Two lots City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 26 of 37 in the center of the property within the R-5 zoning are proposed for higher-density residential development. Two lots of REMU, designated as parkland, are situated between the B-2M zoned mixed-use and neighboring residential areas. Parkland and open space will provide the subdivision and community with valuable trail connections and recreational spaces. The annexation agreement between the Applicant and the City further delineates land uses within the subdivision and development therein by establishing height and bulk limitations and the provision of income-restricted housing as follows: [Canyon Gate Declaration of Covenants, Conditions and Restrictions, recorded in Document No. 2774188 by the Gallatin County Clerk and Recorder on April 28, 2022.] These provisions will be reflected in any development within this subdivision. 38.220.060.A.14 - Parks and Recreation Facilities. According to the Applicant: “The Canyon Gate Park Master Plan was developed to create a pedestrian circulation pattern that invites residents and neighbors to move into and throughout the development. This is City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 27 of 37 accomplished through a linear park system that runs east-west through the center of the site to connect parkland in adjacent neighborhoods to the M Trail, Story Mill Spur Trail, and Story Mill Community Park. The street layout was designed to minimize street crossings along the linear park and most of the neighborhood will have one or fewer crossings required to reach the major park amenities. The park system will have a playground, picnic shelter, seating, art, and a 10’ concrete path. The linear park system is supplemented by a planned north- south pedestrian corridor through the B2-M zoned parcels that connect the linear park trail to an open space parcel with a dog park and community garden that will have a public access easement. The project proposes 15.68 acres of residential area with 3.08 acres of public parks and open space. The project will provide a minimum of $256,367 in Improvement-In- Lieu. The subdivision dedicates parks or improvements-in-lieu up to 12 dwelling units/acre for all lots.” Code Provision No 5 identifies requirements for the development and maintenance of park assets and facilities within this subdivision. 38.220.060.A.15 - Neighborhood Center Plan. The focal point of the subdivision is the linear park running east-west and south through the center of the development (see Figures 9 through 11). This park is adjacent to neighborhood commercial development and contains several park amenities. The park amenities include an extensive network of trails, a playground, and a picnic pavilion. This “green corridor” connects the residences in the Canyon Gate development to the adjacent neighborhoods. The parks’ district-wide connectivity lends itself to forming a neighborhood center. It is likely that neighborhood- serving commercial establishments within the B2-M zoned properties, such as a coffee shop or convenience store, will also serve as a neighborhood gathering space. 38.220.060.A.16 - Lighting Plan. All subdivision street lighting is proposed within the street right-of-way in accordance with the City’s lighting design standards. Street lighting will be provided for Story Mill Road and internal streets. Lighting is also proposed where pedestrian pathways cross streets in accordance with City standards. No lighting is proposed within subdivision parks and open spaces. Any lighting associated with future lot development will be reviewed for conformance with City standards at the time of lot development. 38.220.060.A.17 – Miscellaneous a. Public Lands. The site is not adjacent to public lands, hunting, or fishing areas; however, the subdivision will increase public access to the site and the surrounding public lands by connecting truncated streets, trails, and sidewalks. The project will also include 3.06-acres of public parks and open space. City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 28 of 37 b. Hazards. Future development would mitigate potential hazards associated with stormwater flows as described in Condition of Approval No. 1. The Traffic Impact Study identifies potential hazards associated with delays in emergency service providers reaching the Site when there is a train on the train tracks at the Rouse, Griffin or L Street crossings. If and when this conflict exists, the Bozeman Fire Department Dispatch software will automatically route the service call to the Central Valley Fire Station at Spring Hill Road to respond to the call. c. Wildlands-Urban Interface. The site is within the Wildlands-Urban Interface (WUI) and lists the site and nearby areas as having low-priority hazards. 38.220.060.A.19 - Affordable Housing. The Applicant states: “The owner recognizes the housing crisis in our valley and the lack of obtainable, workforce housing. In response, the owner has voluntarily offered to provide a minimum of 60 housing units within the R-5 zoning that are priced no greater than 120% of Area Median Income (AMI) at an interest rate of 3.5%. The management of the income-restricted housing units shall be administered by a community land trust or other entity acceptable to the City. Construction of the income- restricted housing will begin before the vertical construction within the B-2M zoning district and will complete all 60 units within 24 months after commencing construction. In addition to the effort above, the owner is proposing to develop a range of housing types that will provide variety in housing prices within the Bozeman housing market to better serve the needs of residents.” APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property was given three zoning designations: B2-M, Community Business District—Mixed; R-3, Residential Medium Density District; and R-5, Residential Mixed Use High-Density District. The intent of the B2-M district is to function as a vibrant mixed-use district that accommodates substantial growth and enhances the character of the City. The intent of the R-3 district is to provide for the development of one- to five-household residential structures near service facilities within the City. The intent of the R-5 district is to provide for high-density residential development through a variety of housing types within the City with associated service functions. City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 29 of 37 The 24.14-acre Site, having the three zoning designations, combined, would meet the intent of each of the three zoning districts by providing neighborhood-serving commercial activities, a variety of housing types with a variety of densities within the 11 buildable lots. Furthermore, the annexation agreement (Project No. 21337) stipulates where the various types and densities of housing are to be situated within the subdivision (see Attachment B). Adopted Growth Policy Designation: The Site lies within two Future Land Use Map (FLUM) designation areas. The westernmost B2-M zoned lands lie within a Community Commercial Mixed Use designation and the remaining lands lie within a Residential Mixed Use designation. Table 4 of the Bozeman Community Plan 2020 shows the correlation between the Site’s future land use map designations and implementing zoning districts. The Site’s zoning designations are implementing zones for the two respective FLUM designations. This proposed subdivision is well-suited to implement the two FLUM designations by providing lots that will support a variety of housing types including duplex, fourplex, housing over commercial space, and apartment multi-household units in an existing developed residential area that is predominantly detached single-household units. The townhouse and multi-household lots will support construction of “missing middle” housing which is contemplated throughout the Bozeman Community Plan 2020 and is defined by the Plan as: “Missing middle housing is housing constructed in buildings which are of a size and design compatible in scale and form with detached individual homes. Example housing types include duplex, triplex, live-work, cottage housing, group living, row houses, townhouses, horizontally layered apartments, flats, and other similar configurations.” The growth policy encourages development to be walkable, which is defined in the Plan as: Walkable. A walkable area has: • A center, whether it’s a main street or a public space. • People: Enough people for businesses to flourish and for public transit to run frequently. • Parks and public space: Functional and pleasant public places to gather and play. City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 30 of 37 • Pedestrian design: Buildings are close to the street, parking lots are relegated to the back. • Schools and workplaces: Close enough that walking to and from home to these destinations is realistic. • Complete streets: Streets designed for bicyclists, pedestrians, and transit. The New Canyon Gate Blvd, the extension of Maiden Spirit St. through the Site and the Public Parks A, B and C “green corridor” through the Site provide the “Center” of the subdivision. There is not enough population density to support Streamline transit to the neighborhood. The closest bus stop is the Blue Line at Walmart or the Brown Line at Rouse and Tamarack streets. There are trails and sidewalks situated throughout the Site to make for safe and effective pedestrian and bike travel within the Site. The Site is walkable but travel outside the Site will require vehicular or bicycle travel. The site has a Walk Score of 30 (car dependent) , a Transit score of 0 (no transit services), and a Bike Score of 43 (somewhat bikeable). Average walk score for the city as a whole is 48 out of 100. These values are provided by Walk Score, a private organization which presents information on real estate and transportation through walkscore.com. The algorithm which produces these numbers is proprietary. A score is not an indication of safety or continuity of City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 31 of 37 services or routes. Scores are influenced by proximity of housing, transit, and services and expected ability, as determined by the algorithm, to meet basic needs without using a car. This site is an undeveloped former farmland, surrounded by existing residential uses. Complimentary uses such as schools, parks, grocery stores, and employment opportunities are distant and require vehicle travel. There are no adopted development standards relating to the Walk Score. The proposed development is roughly 1/4 mile to Story Mill Park and about ½ mile to Glen Lake Rotary Park, which provide a variety of recreational opportunities. The closest grocery store is the Town and Country at Highland and Main streets which is approximately 2.3 miles from the Site. The two closest schools are the Hawthorne Elementary about 2 miles from the Site and Whittier Elementary approximately 2.3 miles from the Site. The proposed subdivision meets the following Bozeman Community Plan 2020 goals: N-1.1 Promote housing diversity, including missing middle housing. N-1.10 Increase connectivity between parks and neighborhoods through continued trail and sidewalk development. Prioritize closing gaps within the network. N-3.8 Promote the development of “Missing Middle” housing (townhouses, multi- household). In addition to those Community Plan policies that apply to this subdivision, the Applicant offers the following evaluation of the 2020 Bozeman Community Plan goals and policies, including: Goal N-1: Support well-planned, walkable neighborhoods. The development will connect streets and sidewalks that were truncated in anticipation of development. “The subdivision and parkland are designed to connect the Canyon Gate development to neighborhoods, schools, services, jobs, parks, and trails that will promote a walkable and bikeable community.” Goal N-2: Pursue simultaneous emergence of commercial nodes and residential development through diverse mechanisms in appropriate locations. “This residential development will have commercial nodes along the prominent intersection of Story Mill Road and Bridger Drive. In conjunction with the array of residential housing options, the commercial will create a focal point in the Story Mill District and serve the neighboring communities.” Goal N-3: Promote a diverse supply of quality housing units. “Canyon Gate will have a minimum of 60 workforce/”Missing Middle” housing in addition to a variety of housing types including, duplexes, fourplexes, and apartment buildings. The assortment creates a smooth City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 32 of 37 transition between low and high-density mixed-use and is designed to improve the current housing crisis by providing variety and density in appropriate locations.” Goal N-4: Continue to encourage Bozeman’s sense of place. “This project proposes a commercial node within the Story Mill District to serve the surrounding community. The development will complement the nearby historic structures and contribute to the identity of the district by encouraging a commercial core along Story Mill Road leading to the historic mill.” Goal DCD-1: Support urban development within the City. “The site is surrounded by development and is located on a prominent corner within the Story Mill District. The property is currently underutilized and undeveloped. The proposed residential and mixed- use development is near a large network of trails and parks to support this infill project.” Goal DCD-2: Encourage growth throughout the City, while enhancing the pattern of community development, oriented on centers of employment and activity. Support an increase in development intensity within developed areas. “This infill project encourages a commercial hub, a variety of housing types, and a range of densities. This will form a center of employment and activity while encouraging continuity in adjacent areas of the district.” Please note that the recent Housing Departures Ordinance 2111 defined “Infill” as: “The development or redevelopment of vacant, abandoned, or underutilized properties within or wholly surrounded by the City, and where water, sewer, streets, and fire protection have already been developed and are provided. Infill is development proposed or located within land that has been subdivided for at least 35 years.” Since this Site is a recently annexed and zoned fallow farmland unsubdivided Tract of land, it does not qualify as an “infill” site and, therefore, this staff analysis does not describe it as such. Goal DCD-3: Ensure multimodal connectivity within the City. “The increased development in this area is currently spurring the expansion of public transportation services. The development will extend truncated streets and sidewalks to create a continuous network of biking and walking trails and form a community that fosters walkability. This multimodal community will be strengthened by the proposed commercial node and increased residential density.” APPENDIX B – DETAILED PROJECT DESCRIPTION Project Background and Description A preliminary plat application was submitted by the Applicant, Canyon Gate Investors, LLC, 111 W. Lamme Street, Suite 101, Bozeman, MT 59715 for a major subdivision of a 24.14-acre Tract to create 15 lots consisting of 3 mixed commercial and apartment residential lots zoned B2-M; 2 two-household residential lots zoned R-3; 2 apartment residential lots zoned R-5; 4 four-household residential lots zoned R-3; 3 park lots; and 1 open space lot; along with dedicated streets rights-of-way. City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 33 of 37 APPENDIX C – NOTICING AND PUBLIC COMMENT Public notice began 2/28/23 and again on 3/17/23. Notice was provided twice as the first notice had an error in the Site map. A second, corrected notice was conducted, beginning March 17, 2023, to April 18, 2023. This is at least 15 and not more than 45 days prior to the close of the public comment period/April 18 City Commission public hearing per BMC 38.220.420. The City scheduled the corrected public notice for this application on March 17, 2023, with the Applicant posting a public notice on the subject property on that same date as well as mailing public notice to physically adjacent landowners via certified mail, and to all other landowners of record within 200-feet of the subject property via first class mail. APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF Owner: Canyon Gate Investors, LLC, 111 W. Lamme Street, Suite 101, Bozeman, MT 59715 Representative: Brooke Perrelli, SMA, 428 E. Mendenhall Street, Bozeman, MT 59715 Report By: Susana Montana, Senior Planner FISCAL EFFECTS Fiscal impacts are undetermined at this time but will include increased property tax revenues from new development, along with increased costs to provide municipal services to the property. ATTACHMENT LINKS The full application and file of record can be viewed digitally at https://weblink.bozeman.net/WebLink/Browse.aspx?startid=264157&cr=1 Public Comment as of April 7, 2023: Public notice began 2/28/23 and again on 3/17/23 and can be viewed on the City’s Public Comment Laserfiche link: https://weblink.bozeman.net/WebLink/Browse.aspx?id=273210&dbid=0&repo=BOZEMAN Attachment A: Planning Board Comments from the April 3, 2023, public meeting. The City’s Community Development Board (CDB), acting as the Planning Board, met April 3, 2023 in a public meeting to discuss the merits of the proposed Canyon Gate Preliminary Plat pursuant to Section 38.240.140.A.2 of the Bozeman Municipal Code (BMC). The primary responsibility of the Planning Board in reviewing subdivision applications is to determine City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 34 of 37 compliance of the application with the City’s Comprehensive Plan Growth Policies. To that end, the Board voted unanimously, 7 to 0, in favor of the following Motion: “Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 22264 and move to recommend approval of the Canyon Gate Major Subdivision Preliminary Plat with conditions and subject to all applicable code provisions with the caveat that the Applicant must hold a meeting with the neighbors prior to presenting the subdivision to the City Commission for action.” Overall, the Board Members stated that they felt the subdivision would facilitate the concept development plan and that the concept plan was a good plan and addressed important Growth Policies. Below are specific comments on the plat and plan from Board Members. Comments from the public are not presented here as there are written comments found in the following link and the video of the Board meeting can be found in the following link. Public Comments: https://weblink.bozeman.net/WebLink/Browse.aspx?id=273210&dbid=0&repo=BOZEMA N April 3, 2023 CDB Meeting: https://bozeman.granicus.com/player/clip/1994?view_id=1&redirect=true&h=e5920216 2589515e887e39f549222294 CDB Members present: Hap Happel, Jennifer Madgic, Allison Bryan, Brady Ernst, Chris Egnatz, Jason Delmue, and Ben Lloyd. Post-Public Comment and Post-Motion Comments:  Members defer to the staff-recommended conditions of approval and code provisions.  It is a good plan; like the commercial node in this neighborhood; like the linear park.  Concern with the loss of 100 trees; prefer to keep as many of the mature, native species trees as possible; the trees are located in a low-lying area which is a natural drainage area that waters the trees and provides safe, on-site stormwater drainage. It was suggested that the linear park be moved northward to include the existing tree groves to protect them.  Concern with the transportation issues, particularly the need to have a connection to Northview Street to provide a connection to Bridger Drive, an arterial roadway; Many Board Members insisted that this connection is critical to the project and should be a condition of approval of the subdivision. However, the Board did not include this condition in the Motion for approval. Rather, in the Motion for approval, they urged City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 35 of 37 the Applicant to meet with neighbors from the Legend subdivision along with HOA Board Members to negotiate an easement for this connection. They stated that the subdivision application should not be moved forward to the Commission for action until and unless the Applicant meets with Legend subdivision HOA representatives to negotiate an easement to Northview Street from the project.  There was disappointment expressed by Board Members that the Applicant did not meet with neighbors early on to discuss the design of the plat and their flood and traffic concerns. They urged the Applicant to meet with the neighbors, to be sensitive to their concerns, and be willing to amend some aspects of the plat, if necessary, to address their concerns. This should have been done early-on in the plat design stage.  There was agreement that the Applicant should work with the City Engineer and Legend neighbors to identify traffic-calming mitigation measures for the connection to the Legend Maiden Spirit Street.  Although the workforce housing is priced above median area income, we need this type of housing. The 60 “affordable” units are deemed “below market” priced units. They should be price-restricted in perpetuity.  Board Members stated that City residents need affordable housing that can be provided by this subdivision. They want the units to be occupied by local residents and not be sold to non-residents as second homes or made available to transients as short-term rentals. Some Members want approval of this subdivision to have a condition prohibiting short-term rentals therein, or at least prohibiting Type 3 (no owner occupant) short-term rentals within the subdivision.  There was concern about the floodplain and flooding issues associated with this subdivision. o The Director of Transportation and Engineering explain the approach the City is taking regarding the flood hazard evaluation of the proposed subdivision and the conditions of approval for this preliminary plat would assure public safety from flood hazards. The Condition No. 1.B advises lot owners that the results of the revised FEMA map may affect the development potential of their lot. o Staff assured Board Members that the final plat would meet code standards and staff would not bring a final plat to the Commission for approval until it does meet code. o Board Members stated that they defer to the engineering professionals to ensure that the development is safe from flooding internally and externally.  There was agreement that the subdivision should provide trail connections to area public trails.  There was discussion about the delay of emergency services response due to trains traveling or stopped on nearby tracks. Is it possible to get a Fire Department station north of the train tracks? Should the subdivision approval include a “waiver of protest” to rail crossing delays at Rouse, Griffin and L streets? City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 36 of 37 Pre-Motion and Pre-Public Comment Board Discussions:  Concern with the location of Park C. It lies next to the Legends subdivision’s private open space but there is no connection to it. Will there be a fence separating Park C and the north-south trail from the Legends private open space area? Canyon Gate residents and the general public should be encouraged to use that north-south trail that lies within the Canyon Gate land. There was also concern with the potential for Canyon Gate residents and the public “trespassing” onto the Legend’s private open space which is maintained by the HOA.  Pedestrian access to Park A; will there be safe passage for pedestrians to connect to all the internal parks and the open space lot? o Applicant stated that there will be 3 mid-block crossings to facilitate pedestrian connection to Parks A and B and from Park B to C, and crossing Canyon Gate Blvd. between the commercial B-2M “mall-like” areas. These crossings will be striped and well-lit.  What effort has gone into preserving the mature trees on the property? Why cannot they be preserved? There was considerable discussion about preserving mature trees. o Applicant stated that the trees lie in a low spot on the property and is subject to flooding. If the low area is retained, the homes built therein would flood.  There were numerous written comments from the public stating that the Applicant refused to meet with them to discuss the plat design and concerns about connections, traffic, and flooding. There was one 24-page comment letter that identified concerns and suggested conditions of approval to be placed on the plat. What efforts have been made by the Applicant to meet with these neighbors? They are a new official Neighborhood Association. Would the Applicant be amenable to incorporating those suggested conditions into the project? o The Applicant said that during the annexation public hearings, they heard a lot of comments from neighbors and they met with neighbors, not necessarily the same neighbors as commented on this subdivision application. His experience from those earlier annexation meetings discouraged him from new meetings with neighbors. He stated that he would meet with neighbors and HOA representatives to discuss their concerns. He is willing to pay for the road improvements to connect Canyon Gate Blvd. to Northview Street if he can get an easement across the HOA lands to Northview Street. o In response to the inquiry as to whether or not he would accept the conditions recommended in that comment letter, he said he is willing to research those suggested conditions to see if they are viable for the project.  There was concern that the Parks Master Plan for the subdivision allowed cash-in- lieu instead of providing all the required parkland on the property. How is the policy of providing cash-in-lieu instead of parkland established? Is it on a case-by-case basis and how is the fee established? It seems that the fee is way below market value for the parkland not provided on this property. o Staff responded that the Parks and Recreation Department reviews all Parks Master Plans and, based on project populations and nearby park facilities, City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 37 of 37 establishes how much parkland should be provided on a Site, how much Improvements-in-Lieu of land should be provided on- or off-site, and how much cash-in-lieu (CIL) should be provided. The dollar amount of the CIL is established at the beginning of each year and that dollar amount per increment of land is used for all projects during that year. The PARKS Department reviewed the Parks Plan for this subdivision and recommends approval with the conditions of approval noted in the staff report.  There was a discussion about the affordable dwelling units proposed for the R-5 zoned lands. How can those units be affordable in perpetuity?  There was a discussion about the traffic impact study methodology in which the traffic counts in the area were taken when schools were not in session. Did this skew the analysis and mitigation measures?  There was discussion about whether the subdivision would be built in a single phase or if the individual lots would be developed. Would there be a requirement for a Master Site Plan or could individual lots be built with individual site plans? o Staff stated that the Applicant has asked for concurrent construction of the public infrastructure, such as water, sewer, stormwater facilities, streets, and the like, with the development of the lots. He has stated that he would build the subdivision in one phase. o The Annexation Agreement has provisions as to when the affordable housing must be built in relation to when the commercial space is built in the B-2M zone. o If the subdivision is approved and the final plat is recorded, the owner of lots can come in with a single site plan for all the lots or individual lot owners could submit a site plan for each lot.