HomeMy WebLinkAbout04-10-17 City Commission Packet Materials - A6. Costco Annexation and ZMAStaff Report for the Costco Annexation and Zone Map Amendment, Application 17067 Page 1
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17067, City Commission Staff Report for the Costco Annexation and Zone
Map Amendment
Public Hearing Dates: Zoning Commission public hearing was on March 21, 2017.
City Commission public hearing is on April 10, 2017.
Project Description: Proposed amendment of the City Zoning Map for the establishment of
an initial zoning designation of B-2 (community business district) for one tract of
record totaling 4.68 acres and adjacent right-of-way in association with an
annexation petition.
Project Location: The property is generally located to the north of the existing Costco
warehouse at 2505 Catron Street and described as Tract E-1 Certificate of Survey
1827, located in the Northeast ¼ of Section 35, T1S, R5E, P.M.M., City of Bozeman,
Gallatin County, Montana.
Recommendation: Approval of Annexation with terms and Zone Map Amendment with
contingencies.
Recommended Annexation Motion: “Having reviewed and considered the staff report,
application materials, public comment, and all information presented, I hereby adopt
the findings presented in the staff report for Application 17067 and move to approve
the Costco Annexation with terms and direct staff to prepare an annexation
agreement for signature by the parties.”
Recommended Zoning Motion: “Having reviewed and considered the staff report,
application materials, public comment, and all information presented, I hereby adopt
the findings presented in the staff report for Application 17067 and move to approve
the Costco Zone Map Amendment with contingencies required to complete the
application processing.”
Report Date: March 27, 2017
Staff Contacts: Mayana Rice, Associate Planner
Shawn Kohtz, Development Review Engineer
Agenda Item Type: Action - Legislative
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EXECUTIVE SUMMARY
Unresolved Issues
No known unresolved issues exist at this time.
Project Summary
The Department of Community Development received an application requesting annexation
of 4.68 acres. The accompanying Zone Map Amendment (ZMA) proposes the establishment
of an initial municipal zoning designation of B-2 (community business district). The subject
property is not currently located within the corporate limits of the City of Bozeman and the
City is processing the ZMA concurrently with the annexation petition. The establishment of
municipal zoning is predicated upon the approval of the annexation. The intent of the B-2
community business district is to provide for a broad range of mutually supportive retail and
service functions located in clustered areas bordered on one or more sides by limited access
arterial streets.
On March 8, 2017, the Development Review Committee (DRC) recommended approval of
the application with the recommended contingencies included in this report.
On March 21, 2017, the Zoning Commission held a public hearing and voted unanimously to
recommend that the City Commission approve the B-2 zoning request. No public comment
has been received.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 2
Project Summary ................................................................................................................. 2
SECTION 1 – EXHIBITS ........................................................................................................ 4
SECTION 2 – RECOMMENDED TERMS OF ANNEXATION ........................................... 8
SECTION 3 – RECOMMENDED CONTINGENCIES OF ZONE MAP ………………….…………9
SECTION 4 – ADVISORY COMMENTS .............................................................................. 9
SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS………………………..10
Annexation ........................................................................................................................ 10
Zone Map Amendment ..................................................................................................... 10
SECTION 6 – ANNEXATION STAFF ANALYSIS AND FINDINGS ............................... 10
SECTION 7 – ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS .......... 10
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 16
APPENDIX A – PROJECT DESCRIPTION AND BACKGROUND .................................. 16
APPENDIX B – NOTICING AND PUBLIC COMMENT ................................................... 17
APPENDIX C – PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 17
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ........................... 17
FISCAL EFFECTS ................................................................................................................. 18
ATTACHMENTS ................................................................................................................... 18
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SECTION 1 – EXHIBITS
Existing Zoning
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Community Plan Future Land Use Designation
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Zoning Exhibit
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Catamount Street and Valley Center Road
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SECTION 2 – RECOMMENDED TERMS OF ANNEXATION
The following Terms of Annexation are recommended to enable the application to comply
with the City’s Annexation Policy and the requirements of state law for the provision of
services.
Recommended Terms of Annexation:
1. The documents and exhibits to formally annex the subject properties must be identified as
the “Costco Annexation.”
2. An Annexation Map, titled “Costco Annexation Map” with a legal description of the
property and any adjoining un-annexed rights-of-way and/or street access easements must
be submitted by the applicant for use with the Annexation Agreement. The map must be
acceptable to the Director of Public Works and supplied on a mylar for City records (18"
by 24"), a reduced 8 ½" x 11" or 8 ½” by 14" exhibit for filing with the Annexation Agreement at the County Clerk & Recorder’s Office, and a digital copy for the City
Engineer’s Office.
3. The applicant must provide a metes and bounds legal description prepared by a licensed
Montana surveyor and map of the area to be annexed including the right-of-way, prior to
the preparation of the Annexation Agreement.
4. The Annexation Agreement must include notice that, prior to development, the applicant
will be responsible for installing any facilities required to provide full municipal services
to the properties in accordance with the City of Bozeman’s infrastructure master plans
and all City policies that may be in effect at the time of development.
5. The applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) for the
following:
i) Street improvements to Catamount Street including paving, curb/gutter, sidewalk, and
storm drainage ii) Street improvements to N. 27th Avenue including paving, curb/gutter, sidewalk, and storm drainage
iii) Street improvements to Valley Center Drive including paving, curb/gutter, sidewalk,
and storm drainage
iv) Intersection improvements to Catamount Street and Valley Center Drive v) Intersection improvements to Catamount Street and 27th Avenue vi) Intersection improvements to Valley Center Drive and 19th Avenue
The document filed must specify that in the event an SID is not utilized for the
completion of these improvements, the Owner agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property,
traffic contribution from the development, or a combination thereof.
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6. The applicant must execute all contingencies and terms of said Annexation Agreement
with the City of Bozeman within 60 days of the receipt of the Annexation Agreement, or
annexation approval shall be null and void.
SECTION 3 – RECOMMENDED CONTINGENCIES OF ZONE MAP
AMENDMENT
Please note that these contingencies are necessary for the City to complete the process of the
proposed amendment. These contingencies only apply in the event that the related annexation
request has previously been approved.
Recommended Contingencies of Approval:
1. The Ordinance for the Zone Map Amendment must not be approved until the Annexation
Agreement is signed by the applicant and formally approved by the City Commission. If
the Annexation Agreement is not approved, the Zone Map Amendment application is null
and void.
2. All documents and exhibits necessary to establish an initial municipal zoning designation must be identified as the “Costco Zone Map Amendment”.
3. The applicant must submit a zone amendment map, titled “Costco Zone Map
Amendment”, on a 24” by 36” mylar, 8 ½” by 11”, or 8 ½” by 14” paper exhibit, and a
digital copy of the area to be zoned, acceptable to the Director of Public Works, which
will be utilized in the preparation of the Ordinance to officially amend the City of Bozeman Zoning Map. The map must contain a metes and bounds legal description of the
perimeter of the subject properties, zoning district, and total acreage of the property.
4. The applicant must provide a metes and bounds legal description prepared by a licensed
Montana surveyor and map of the area to be rezoned, prior to the preparation of the
Ordinance to officially amend the zone map.
SECTION 4 – ADVISORY COMMENTS
1. Future Impact Fees - Please note that future building permit applications will require
payment of the required transportation, water, sewer and fire impact fees according to the City of Bozeman adopted impact fee schedule in place at the time of building permit issuance. If you desire an estimate of the required impact fees according to current rates
please contact the Department of Community Development and/or visit
www.bozeman.net.
2. Upon future development, the transfer of water rights or the payment of cash in-lieu (CIL) of water rights must be provided pursuant to Bozeman Municipal Code 38.23.180.
3. The applicant is advised that the City’s capital improvement plan (CIP) includes an
upgrade to Catamount Street adjacent to this property. Upon development of the property,
the applicant will be responsible for the local share of that improvement. The applicant is
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advised to contact the City Engineer and Public Works Director to discuss timing of the
improvement, who will construct the improvement, and local share cost participation.
SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS
Annexation
Having considered the criteria established for an annexation, the Development Review
Committee (DRC) voted on March 8, 2017 to recommend approval of the Costco
Annexation.
The City Commission will hold a public meeting on the annexation on April 10, 2017 at 121
N. Rouse Avenue, Bozeman. The meeting will begin at 6 p.m.
Zone Map Amendment
Having considered the criteria established for a zone map amendment, Staff recommends
approval as submitted. The Costco Zone Map Amendment (ZMA) is in conjunction with an
annexation request. Staff’s recommendation and responses are predicated on approval of
the annexation.
The Development Review Committee (DRC) considered the ZMA on March 8, 2017. The
DRC did not identify any infrastructure or regulatory constraints which would impede the
approval of the application.
The Zoning Commission held a public hearing on the ZMA on March 21, 2017 and
forwarded a unanimous recommendation to the City Commission of approval.
The City Commission will hold a public meeting on the ZMA on April 10, 2017 at 121 N.
Rouse Avenue, Bozeman. The meeting will begin at 6 p.m. at 121 N. Rouse Avenue,
Bozeman.
SECTION 6 – ANNEXATION STAFF ANALYSIS AND FINDINGS
In considering applications for approval of the requested annexation, the advisory boards and
City Commission shall consider the following:
Resolution No. 4400 Criteria
Resolution No. 4400 Goals
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Goal 1: It shall be the goal of the City of Bozeman to encourage annexations of land
contiguous to the City.
The property in question is totally surrounded by the City of Bozeman. The adjacent property
to the North, South and East is B-2 and property to the west is R-O (Residential Office
District).
Goal 2: The City shall seek to annex all areas that are totally surrounded by the City,
without regard to parcel size.
The property in question is totally surrounded by the City of Bozeman.
Goal 3: The City shall seek to annex all property currently contracting with the City for
services such as water, sanitary sewer and/or fire protection.
The property in question is currently adjacent to sanitary sewer, water and stormwater
provided by the City of Bozeman. This property is vacant. All future development will be
required to connect to these existing services, with upgrades and extensions as required.
While the property is vacant, the City will provide fire protection immediately at the time of
annexation.
Goal 4: It shall be the goal of the City of Bozeman to require annexation of all land
proposed for development lying within the service boundary of the existing sewer
system as depicted in the Bozeman Growth Policy, and to encourage annexations within
the urban growth area identified in the Bozeman Growth Policy.
The subject property falls within the service boundary of the existing sewer system and the
urban growth area as depicted in the Bozeman Growth Policy.
Resolution No. 4400 Policies
Policy 1: Annexations shall include dedication of all easements, rights-of-way for collector
and arterial streets, water rights, and waivers of right-to-protest against the creation of
improvement districts necessary to provide the essential services for future
development of the city.
Recommended Term of Annexation 5 requires the applicant must provide and file with the
County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special
Improvement Districts (SID’s)
Policy 2: Issues pertaining to master planning and zoning shall be addressed in
conjunction with the application for annexation.
a. The initial application for annexation shall be in conformance with the current
Bozeman Growth Policy. If a Growth Policy Amendment is necessary to accommodate
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anticipated uses, said amendment process may be initiated by the applicant and
conducted concurrently with the processing for annexation.
The properties are designated “Community Commercial Mixed Use” on the future land use
map of the Bozeman Community Plan. This annexation does not require a Growth Policy
Amendment.
b. Initial zoning classifications of the property to be annexed shall be determined by
the City Commission, in compliance with the Bozeman Growth Policy and upon a
recommendation of the City Zoning Commission, prior to final annexation approval.
The applicant submitted a Zone Map Amendment requesting the establishment of an initial
municipal zoning designation of B-2. Section 7 of this report provides the Zone Map
Amendment staff analysis and findings.
c. The applicant may indicate his or her preferred zoning classification as part of the
annexation application.
The applicant requested the zoning designation of B-2 with the application materials. On
March 21, 2017, the Zoning Commission voted unanimously to recommend that the City
Commission approve the B-2 zoning request.
Policy 3: Fees for Annexation procedures shall be established by the City Commission. No
fee will be charged for any City-initiated annexation.
The applicant paid the required application review fees in accordance with the adopted fee
schedule on January 17, 2017.
Policy 4: It shall be the general 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.
The subject property is not served by an unpaved county road.
Policy 5: Prior to annexation of property, it shall be the policy of the City of Bozeman to
acquire adequate and usable water rights, or an appropriate fee in lieu thereof, in
accordance with Section 38.23.180 of the municipal code.
Section 38.23.180.C. of the Bozeman Municipal Code allows deferrals for the provision of
water rights or cash in-lieu for annexations of vacant land in excess of 10-acres. This project
is only 4.68 acres. Section 4 (Advisory Comments) indicates the transfer of water rights or
the payment of cash in-lieu (CIL) of water rights must be provided pursuant to Bozeman Municipal Code 38.23.180.
Policy 6: Infrastructure and emergency services for an area proposed for annexation will
be reviewed for the health, safety and welfare of the public. If it is found that adequate
services cannot be provided to ensure public health, safety and welfare, it shall be the
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general policy of the City to require the applicant to provide a written plan for
accommodations of these services, or not approve the annexation. Additionally, annexation
proposals that would use up infrastructure capacity already reserved for properties lying
either within undeveloped portions of the City limits or lying outside the City limits but
within the identified sewer or water service area boundaries, shall generally not be
approved.
The subject property falls within the municipal emergency service area. City Fire Station #3
is located on Davis Lane, which places future development within a safety zone. The
property in question is currently adjacent to sanitary sewer, water and stormwater provided
by the City of Bozeman. This property is vacant.
Policy 7: It shall be the general policy of the City of Bozeman to require annexation of any
contiguous property for which city services are requested or for which city services are
currently being contracted.
The property in question is currently adjacent to sanitary sewer, water and stormwater
provided by the City of Bozeman. This property is vacant. All future development will be
required to connect to these existing services, with upgrades and extensions as required.
While the property is vacant, the City will provide fire protection immediately at the time of
annexation.
Policy 8: The annexation application shall be accompanied by mapping to meet the
requirements of the Director of Public Works.
The applicant must provide mapping materials with the Annexation Agreement to meet the
requirements of the Director of Public Works. Mapping requirements include an 18-inch x
24-inch mylar map, a reduced 8½-inch by 11 or 14-inch annexation map exhibit, and a digital
copy containing the metes and bounds legal description of said property, as addressed in
Recommended Terms of Annexation 1, 2, and 3.
Policy 9: It shall be the policy of the City of Bozeman to assess a system
development/impact fee in accordance with Chpt. 2, Art. 6, Div. 9 Bozeman Municipal
Code (Impact Fees), and in accordance with the Bozeman Growth Policy and other policies
as they are developed.
Recommended Term of Annexation 4 specifies this policy item. Future development,
including any connection to City utilities, will require the payment of transportation, fire, and
water and sewer impact fees.
Policy 10: Public notice requirements shall be in compliance with Montana Code
Annotated. In addition, notice shall be posted in at least one conspicuous location on the
site in question, and mailed to all owners of real property of record within 200 feet of the
site in question using the last declared county real estate tax records, not more than 45 days
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nor less than 15 days prior to the scheduled action to approve or deny the annexation by
the City Commission, specifying the date, time and place the annexation will be considered
by the City Commission. The notice shall contain the materials specified by Section
38.40.020.A&B.1, BMC.
Staff mailed notice of the public hearings to adjoining property owners within 200 feet of the
site and posted notice in the legal advertisements section of the Bozeman Daily Chronicle as
set forth in this policy. The applicant posted a large public notice board, provided by Staff,
on-site at a prominent intersection. Appendix B of this report further discusses public
noticing.
Policy 11: Annexation agreements shall be executed and returned to the City within 60
days of distribution of the annexation agreement, unless another time period is specifically
identified by the City Commission.
Recommended Term of Annexation 6 identifies this policy item.
Policy 12: When possible, the use of Part 46 annexations is preferred.
The applicant initiated this annexation under Part 46 provisions.
SECTION 7 – ZONE MAP AMENDMENT STAFF ANALYSIS AND
FINDINGS
In considering applications for plan approval under this title, the advisory boards and City
Commission shall consider the following criteria. As an amendment is a legislative action,
the Commission has broad latitude to determine a policy direction. The burden of proof that
the application should be approved lies with the applicant.
In considering the following criteria the analysis must show that the amendment
accomplishes criteria A-D. Criteria E-K must be considered and may be found to be
affirmative, neutral, or negative. A favorable decision on the proposed application must find
that the application meets all of criteria A-D and that the positive outcomes of the
amendment outweigh negative outcomes for criteria E-K.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Yes, the proposed Zone Map Amendment is in accordance with an adopted growth policy,
the Bozeman Community Plan. The property is located in an area that is a natural expansion
of the existing Costco facility. The B-2 zoning matches all of the existing uses that surround
this county parcel. Staff did not identify conflicts between the proposed zoning and the
growth policy.
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B. Secure safety from fire and other dangers.
Yes, the proposed Zone Map Amendment will secure safety from fire and other dangers.
City Fire Station #3 is located on Davis Lane, which places future development within a
safety zone. The City will review future development of the property and will apply
development standards to address the criteria at such time. Regulatory provisions established
for all City of Bozeman zoning districts ensure an adequate transportation network, fire
services, and public utility lines.
C. Promote public health, public safety, and general welfare.
Yes, the proposed Zone Map Amendment will promote public health, public safety, and
general welfare. The B-2 zoning has established development standards that address public
health, safety and welfare. As outlined in the advisory comments as the City’s capital
improvements plan is implemented this property will continue to have water, sewer and other
services provided.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Yes, the proposed Zone Map Amendment will facilitate the provision of transportation,
water, sewerage, schools, parks, and other public requirements. The currently vacant property
fronts on both Catamount Street and Valley Center Road. The completion of Catamount
Street will provide the connectivity required. This project will be required to install sidewalks
and continue the trail along Valley Center Road, for pedestrian accessibility into the site and
throughout the commercial area.
The water distribution system, wastewater collection system and the stormwater collection
system are adjacent or within this parcel. City services already exist for this property, through
annexation this parcel will become part of the City of Bozeman.
As this parcel is proposing a commercial zoning desiccation, there are no specific concerns
for schools and parks.
E. Reasonable provision of adequate light and air.
Yes, the proposed Zone Map Amendment will allow for reasonable provision of adequate
light and air. The B-2 district includes street setback requirement, building height limit, and
lot coverage requirements in order to ensure appropriate use of the site in relation to the
surrounding uses.
The site is also within the Class 1 Entryway Corridor overlay. Additional standards are
applied to ensure uniform development. If this project becomes part of a larger expansion of
the current Costco facility, a Planned Unit Development (PUD) review will be required.
F. The effect on motorized and non-motorized transportation systems.
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Yes, the proposed Zone Map Amendment will promote the motorized and non-motorized
transportation systems. An existing shared use path exists on Valley Center Road. This will
be required to continue onto this property. The City will review any future development of
the subject property against all applicable regulations to ensure the provision of required
transportation facilities. The applicant is advised that the City’s capital improvement plan
(CIP) includes an upgrade to Catamount Street adjacent to this property.
G. Promotion of compatible urban growth.
Yes, the proposed Zone Map Amendment will promote compatible urban growth. This parcel
is wholly surrounded by City land. Annexation, zoning and completion of infill development
projects on parcels of this nature complete the fabric of the community. By having parcels
that are wholly surrounded without annexation additional layers of complexity arise for
services.
H. Character of the district.
Yes, the proposed Zone Map Amendment will keep in character of the district. This project is
proposed as a Costco expansion. With a B-2 zoning, the parcel is given flexibility for a wide
range of potential commercial developments.
I. Peculiar suitability for particular uses.
Neutral. The proposed Zone Map Amendment will not affect any peculiar suitability for
particular uses. No particular uses will be approved or denied with this zoning designation.
J. Conserving the value of buildings.
Neutral. The proposed Zone Map Amendment will not affect the value of buildings, as none
exist on the subject property. No buildings are located on the site. All future buildings will be
required to obtain approval prior to construction.
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE
OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE
AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT
INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION.
APPENDIX A – PROJECT DESCRIPTION AND BACKGROUND
The application seeks to annex a 4.86 tract of land presently vacant to establish an initial
zoning designation of B-2 (community business district). The parcel is contiguous to the City
on the north and west. State law requires annexation of adjacent right-of-way at the same
time as the private property.
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APPENDIX B – NOTICING AND PUBLIC COMMENT
Staff publicly noticed this project. Notice for both public hearings (Zoning Commission and
City Commission) was posted on-site (with pictures provided by the applicant), mailed via
First Class US Mail to all property owners of record within 200 feet of the property and
advertised in Bozeman Chronicle. Per Chapter 38 Article 40 of the City of Bozeman UDC.
The City has not received any public comment on the application as of the writing of this
staff report.
APPENDIX C – PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation:
The properties are designated as “Regional and Commercial Services” in the Bozeman
Community Plan. The Plan indicates that:
Bozeman is a retail, education, health services, public administration, and tourism hub and
provides opportunities for these activities for a multi-county region. Often the scale of these
services is larger than would be required for Bozeman alone. Because of the draw from
outside Bozeman, it is necessary that these types of facilities be located in proximity to
significant transportation routes. Since these are large and prominent facilities within the
community and region, it is appropriate that design guidelines be established to ensure
compatibility with the remainder of the community. Opportunity for a mix of uses which
encourages a robust and broad activity level is to be provided. Residential space should not
be a primary use and should only be included as an accessory use above the first floor. Any
development within this category should have a well integrated transportation and open space
network which encourages pedestrian activity, and provides ready access within and to
adjacent development.
Proposed Zoning Designation and Land Uses:
The applicant has requested zoning of B-2, residential community business district, in
association with the annexation of the property.
The intent of the B-2 community business district is to provide for a broad range of mutually
supportive retail and service functions located in clustered areas bordered on one or more
sides by limited access arterial streets.
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF
Owner/Applicant: Cutthroat Partners LLC 300 E Griffin Dr, Bozeman, MT 59715
Representative: MG2 (Architect) - Steve Bullock 1101 2nd Ave, Seattle, WA 98101
Report By: Mayana Rice, Associate Planner
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FISCAL EFFECTS
Staff did not identify any unusual fiscal effects.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Application Materials
Zoning Map
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406-586-8834 ■ 800-865-9847 (fax) ■ 2090 Stadium Drive ■ Bozeman, Montana 59715 ■ www.dowl.com
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February 7, 2017
Rec. No. 4522.11841.01
Mayana Rice, AICP
Planning Office
City of Bozeman
P.O. Box 1230
Bozeman, MT 59771
RE: Costco Expansion – Annexation Application
Dear Ms. Rice:
On behalf of Costco Wholesale, Inc., DOWL and MG2 are pleased to submit the attached
annexation application for Tract E-1 Certificate of Survey 1827, located in the Northeast ¼ of
Section 35, T1S, R5E, P.M.M., Gallatin County, Montana, which is the parcel directly north of the
existing Costco warehouse at 2505 Catron Street.
The following is a detailed listing of the Annexation Submittal requirements for site per City of
Bozeman application ‘ANNX’.
Text in italic font is the applicant’s response to each item.
Response to Annexation (ANNX) application questions
1. Items a. through d. – see check mark responses on application.
2. The following questions pertain to the policies adopted by the City Commission in
Commission Resolution No. 3907.
a. Is/Are the property owner(s) willing to dedicate needed easements and/or right-of-
way for collector and arterial streets?
Yes, pursuant to the Design Review Committee (DRC) informal review held on
October 10, 2016, it is anticipated that a street easement will be required on
Catamount Street. The easement will extend 50 feet south from the centerline of the
street.
b. Is/Are the property owners(s) willing to sign waivers of right to protest the creation of
future Special Improvement Districts to provide the essential services for future
development of the City?
Yes, in conjunction with the signing of the final annexation agreement, the property
owner is willing to sign the waivers.
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Mayana Rice, AICP
Costco Expansion – Annexation Application
February 7, 2017
Page 2
c. Is/Are the property owner(s) willing to transfer usable water rights, or an
appropriate fee in-lieu thereof, to serve the expected population of the land
when fully developed?
Yes, the proposed use of the area to be annexed is commercial so no
additional population is anticipated.
d. Does the desired future development of the subject property conform to the
City’s growth policy? If not, a growth policy amendment will be necessary to
accommodate the anticipated uses, which may be initiated by the applicant and
reviewed concurrently with this application.
The development of the subject property is in conformance with the City’s
growth policy which has identified the property as Community Commercial
Mixed Use. The annexed property will be developed as parking, storm water
treatment ponds and watercourse relocation associated with an addition to the
existing Costco Warehouse.
i. If a growth policy amendment is necessary, is it included with this
application?
N/A
e. The property will need to be rezoned with an initial urban zoning designation. The
zone map amendment will be reviewed concurrently with this application. Is a zoning
map amendment application included with this application?
Yes, The property is proposed to be zoned B-2.
f. Do unpaved county roads comprise the most commonly used route to gain access to
the property?
No, the property is accessed by paved, all-weather City and State roadways.
g. If it is found that adequate services cannot be provided to ensure public
health, safety and welfare, has the property owners(s) provided a written plan
for the accommodation of these services?
N/A, the property is located within the City of Bozeman municipal service
area.
h. Does the property owner acknowledge that the City of Bozeman assesses a system
development/impact fee and agrees to pay any applicable development/impact fees in
accordance with Chapter 3.24 of the Bozeman Municipal Code?
331
Mayana Rice, AICP
Costco Expansion – Annexation Application
February 7, 2017
Page 3
Yes, the property owner acknowledges the development/impact fee and agrees to pay
fees with the development of the property.
3. If the property is currently in agricultural use please identify current crops/conditions.
The property is currently not in agricultural production. The property is primarily
native grasses that are mowed on a regular basis for weed management.
4. Number of residential units existing on the property?
Zero, property is vacant.
5. Number and type of commercial structures on the property?
Zero, property is vacant.
6. Estimate of existing population of the property?
Zero, property is vacant.
7. Assessed value of the property?
$1,355,699.00 per Gallatin County Assessor.
8. Existing on site facilities and utilities (gas, power, telephone, cable, septic systems,
wells, etc.)
· 12” natural gas transmission main (Northwestern Energy)
· Overhead electric power lines
· Underground telephone
· Storm culvert
9. Any additional information that will be helpful in the City’s review of the application.
See attached mapping.
Response to Zone Map Requirements
1. A thorough project narrative including a detailed response to the following for the
zone map amendment:
332
Mayana Rice, AICP
Costco Expansion – Annexation Application
February 7, 2017
Page 4
a. Is the new zoning designed in accordance with the growth policy? How?
Yes, the growth policy designated the annexation area as “Community
Commercial Mixed Use”. The annexation is proposed to be zoned B-2 which is
a conforming commercial use and consistent with the adjoining B-2 and R-O
zoning (see attached map)
b. Will the new zoning secure safety from fire and other dangers? How?
Yes, the new B-2 zoning is a commercial land use that will facilitate emergency
vehicle access over all-weather paved roads and parking facilities. The zoning
will also be serviced by the City’s municipal water system with improvements
being constructed to current code requirements.
c. Will the new zoning promote public health, public safety and general welfare?
How?
Yes, the new B-2 zoning will promote public health, public safety and general
welfare by requiring the installation of facilities that are serviced by municipal
infrastructure, access and improvements constructed to current code
requirements.
d. Will the new zoning facilitate the adequate provision of transportation, water,
sewerage, schools, parks, and other public requirements? How?
The new zoning will facilitate:
· Transportation - by facilitating the completion of an adjoining arterial
street (Catamount);
· Water – utilization of existing water main in Catamount Street;
· Sewerage - utilization of existing sewer main in Catamount Street;
· Schools – providing high value tax base for school funding, while not
directly generating any additional student population; and
· Parks - providing high value tax base for City parking funding, while
not creating any additional park for upkeep by the City.
e. Will the new zoning provide reasonable provision of adequate light and air?
How?
Yes, zoning will require City-standard, high-efficiency lights. Commercial use
should produce minimal emissions; road and parking areas will be paved to
reduce dust.
f. Will the new zoning have an effect on motorize and non-motorized
transportation systems? How?
333
Mayana Rice, AICP
Costco Expansion – Annexation Application
February 7, 2017
Page 5
Yes, as mentioned previously in item d., the annexation and zoning will
facilitate the completion of an adjoining arterial street (Catamount). This will
enhance the local transportation grid providing greater capacity and
emergency vehicle access.
g. Does the new zoning promote compatible urban growth? How?
The zoning is consistent with the adjoining zoning and land use, permitting for
the clustering of compatible uses.
h. Does the new zoning promote the character of the district? How?
Yes, the proposed B-2 zoning matches existing zoning to north, south and east,
and is compatible with the existing R-O zoning to the west. The subject area is
also within a Class 1 entryway corridor which will promote character of the
district.
i. Does the new zoning address the affected area’s peculiar suitability for
particular uses? How?
Yes, the subject area is directly adjacent to the existing Costco warehouse and
is bisected by a 12” diameter Northwestern Energy natural gas main. These
existing elements make the parcel well-suited for a B-2 zoning.
j. Was the new zoning adopted with a view to conserving the values of buildings?
How?
Yes, the existing buildings in the area are a Costco warehouse, several motels
and R-O zone apartments. The proposed zoning is compatible and consistent
with these uses.
k. Does the new zoning encourage the most appropriate use of land throughout
the jurisdictional area?
Yes, the subject zoning is to facilitate the construction of parking, storm water
ponds and watercourse relocation associated with an addition to an existing
Costco Warehouse. The parcel is small and constrained by a 12” gas main
and watercourses (setbacks) such that it is nearly undevelopable as a
standalone project.
334
Mayana Rice, AICP
Costco Expansion – Annexation Application
February 7, 2017
Page 6
2. Provide an exhibit of the property to be modified. Provide existing County zoning
designations and the proposed zoning designation clearly labeled. The exhibit should
include the legal limits of the property and size in square feet and acreage. If adjacent
to a right of way the zoning should extend to the centerline of the right of way.
See enclosed figure.
If you have any questions or require additional information please feel free to contact our office.
Sincerely,
DOWL
_______________________________________
Clint Litle, P.E.
Senior Project Manager
Attachment(s): As stated
c: Steve Bullock (MG2)
Peter Kahn (Costco)
335
Costco Catamount Parcel Annexation
Costco intends to purchase adjacent property and annex it into the City to facilitate future development.
Cutthroat Partners LLC
300 E Griffin Dr, Bozeman, MT 59715
406-587-0702
dana@storydist.com
Costco Wholesale - Peter Kahn
999 Lake Dr, Issaquah, WA 98027
45-313-6052
pkahn@costco.com
MG2 (Architect) - Steve Bullock
1101 2nd Ave, Seattle, WA 98101
206-962-6614
steve.bullock@mg2.com
5889 E Valley Center Dr, Bozeman, MT 59715
S35, T01S, R05E, COS 1827, Parcel E-1
County Zoning - CR (Commercial Rural)
Vacant/Agricultural
Regional Commercial and Service
336
0
0
4.68
337
338
339
340
341
342
343
344
345
346
347
348
1
COSTCO WHOLESALE
ANNEXATION REQUEST FOR THE CITY OF BOZEMAN
406-586-8834
TRACT E-1 COS 1827
1
”
”
SUBJECT PARCEL: Tract E-1 COS 1827
·Existing Costco is adjacent to the subject parcel and directly south of it.
·The subject parcel fronts Catamount St. and E. Valley Center Dr.
ANNEXATION MAP
349
1
COSTCO WHOLESALE
ANNEXATION REQUEST FOR THE CITY OF BOZEMAN
406-586-8834
TRACT E-1 COS 1827
1
”
”
SUBJECT PARCEL: Tract E-1 COS 1827
·Existing Costco is adjacent to the subject parcel and directly south of it.
·The subject parcel fronts Catamount St. and E. Valley Center Dr.
ZONE MAP
350
Costco Wholesale
Annexation Request for the City of Bozeman
MG2 Project: 96-0900-33A
Project Manager:Steve Bullock
Date: January 13, 2017
Annexation Maps SheetEValleyCenterRdCostco Property
Subject Parcel
Potential Costco
Purchase and Annexation
Subject Property
Existing Costco is
adjacent to the subject
property and directly to
the south of it.
The subject property
fronts on Catamount St
and E Valley Center
Rd.
1351
Costco Wholesale
Annexation Request for the City of Bozeman
MG2 Project: 96-0900-33A
Project Manager:Steve Bullock
Date: January 13, 2017
Annexation Maps SheetEValleyCenterRdCostco Property
Gallatin County
Current County Zoning CR
(Commercial Rural)
City of Bozeman
City of Bozeman
City of Bozeman
City of Bozeman
County/City Limits
Subject property
entirely surrounded by
the City of Bozeman.
Subject property is
zoned Commercial
Rural in the County.
2352
Costco Wholesale
Annexation Request for the City of Bozeman
MG2 Project: 96-0900-33A
Project Manager:Steve Bullock
Date: January 13, 2017
Annexation Maps Sheet
Costco
Property
Zone B-2
Subject Parcel
Costco proposes B-2 zoning EValleyCenterRdCatamount St.
Catron St
B-2
Community
Business
R-O
Residential
Office
County/City Limits
The subject property is
surrounded by
Community Business
Zoned properties to the
north, east and south.
It has Residential Office
zoned properties to the
west.
3353
Costco Wholesale
Annexation Request for the City of Bozeman
MG2 Project: 96-0900-33A
Project Manager:Steve Bullock
Date: January 13, 2017
Annexation Maps Sheet
CATAMOUNT ST
Costco Property
Subject Parcel EValleyCenterRdAdopted Corridors
The subject property
has a Class 1 Entryway
Corridor over the
eastern portion of the
site.
4354
Costco Wholesale
Annexation Request for the City of Bozeman
MG2 Project: 96-0900-33A
Project Manager:Steve Bullock
Date: January 13, 2017
Annexation Maps Sheet
Costco Property
Regional Commercial and Services
Subject Parcel
Costco proposes
Community Commercial Mixed Use EValleyCenterRdCatamount St.
Catron St
Adjacent Property
Community Commercial Mixed Use
Adjacent Property
Residential
Adjacent Property
Regional Commercial and Services
Adjacent Property
Regional Commercial and Services
City Future Plan
Costco’s property is
identified as Regional
Commercial and
Services. This is the
same as properties to
the east and south of
the subject property.
Properties to the north
of the subject property
are identified as
Community Commercial
Mixed Use.
Properties to the west
of the subject property
are identified as
Residential.
5355
Costco Wholesale
Annexation Request for the City of Bozeman
MG2 Project: 96-0900-33A
Project Manager:Steve Bullock
Date: January 13, 2017
Annexation Maps Sheet
Subject
Property
Costco
Property
N 19th / Oak St
Corridor Plan
6356
Zoning Commission
Tuesday, March 21, 2017 6:00 PM
City Commission Chamber – 121 N. Rouse Avenue
1. 06:00:20 PM (00:02:18) Call meeting to order (Garberg)
Present Were:
• Julien Morice
• Jordan Zignego
• George Thompson
• Eric Garberg
• Commissioner Chris Mehl
B. 06:00:34 PM (00:02:32) Changes to the Agenda
2. 06:01:00 PM (00:02:58) Approve Meeting Minutes:
• 2-21-2017
MOTION: Julien Morice motioned to approve minutes for 02-21-2017.
MOTION SECONDED: Jordan Zignego
ALL IN FAVOR: Motion Carries
D. 06:01:20 PM (00:03:18) Public Comment – Please state your name and address in an audible tone
of voice for the record. This is the time for individuals to comment on matters falling within the
purview of the Committee. There will also be an opportunity in conjunction with each action
item for comments pertaining to that item.
Please limit your comments to three minutes.
E. Action Items:
06:01:39 PM (00:03:37)
1. 17032 2017 Crescent Cross Annexation Zone Map Amendment (WerBell)
E of Huffine Lane and South Cottonwood Road - Lot 3A-1, Minor Subdivision 454C and a portion
of Road Lot 2-MS 454
Proposed amendment of the City Zoning Map for the establishment of an initial zoning
designation of R-5, residential mixed-use high density district for one tract of record totaling
28.087-acres and adjacent right-of-way in association with a Part 46 annexation petition
357
06:06:11 PM (00:08:09) Mitch WerBell reviewed criteria of evaluation for Crescent Cross Annexation.
Development Review Committee (DRC) recommended approval on March 1st, 2017. Zoning Commission
will forward a recommendation to the City Commission on April 10th.
06:07:06 PM (00:09:04) Q& A between Zoning Commission & WerBell
06:11:14 PM (00:13:12) Applicant Chris Budeski with Madison Engineering presented on behalf of
annexation. Budeski noted that the irrigation ditch along with the 50 foot setback would remain county
zoning. The annexation would begin at the setback.
06:14:24 PM (00:16:22) No public comment.
06:14:44 PM (00:16:42)
MOTION: George Thompson motioned to adopt the findings presented in the staff report for application
17032 and move to recommend the city commission approve the crescent cross annexation and zone
map amendment with contingencies required to complete the application process
MOTION SECONDED: Jordan Zignego
Discussion:
06:15:18 PM (00:17:16) Thompson noted that he thought this was an exciting opportunity to
introduce a mixed use development into the South Cottonwood area as it will provide nice infill
within the residential area. He supported his motion.
06:16:15 PM (00:18:13) Julien Morice voiced concern that R-5 zoning does not have lot coverage
restrictions and would provide opportunity for very tall buildings that may be controversial.
06:17:52 PM (00:19:50) Erik Garberg voiced support for some potential commercial
developments on the west side of town and noted that the residential development would be
more affordable than Black Olive.
ALL IN FAVOR: Motion Carries
06:20:18 PM (00:22:16)
2. 17067 Costco Catamount Parcel Annexation and Zoning (Rice)
5889 E Valley Center Dr. This application proposes annexation with initial zoning of B-2 Commercial for
4.68 acres for a future expansion of Costco.
06:23:47 PM (00:25:45) Mayana Rice points out that while the applicant’s intended use is to expand
Costco, the B-2 zone request is appropriate for other uses as this parcel is surrounded by other B-2 to
promote consistency.
358
06:24:33 PM (00:26:31) Rice reviewed criteria of evaluation and noted that the project met all criteria.
Staff is recommending approval.
06:26:11 PM (00:28:09) Applicant Clint Litle with DOWL presented on behalf of annexation and zoning.
Lidel noted that they are working with appropriate sources to ensure the correct process with the
wetlands.
06:27:44 PM (00:29:42) Q& A with Zoning Commission and applicant
MOTION: Julien Morice motioned to adopt the findings presented in the staff report for application
17067 and move to recommend the city commission approve the annexation and zone map amendment
with contingencies required to complete the application process
MOTION SECONDED: George Thompson
Discussion:
06:31:04 PM (00:33:02) Morice commented that this annexation and zone amendment makes
sense with the surrounding area.
ALL IN FAVOR: Motion Carries
F. FYI/Discussion
06:32:00 PM (00:33:58) George Thompson encouraged the Zoning Commission to review the line
drawings of the transportation plan throughout the area, put together by the TCC so that they’re
considering transportation plans when making decisions going forward.
06:33:11 PM (00:35:09) Erik Garberg noted that a grass roots organization would like to come speak
with the Zoning Commission and asked to consider putting them on the agenda if they follow up.
G. 06:34:08 PM (00:36:06) Adjournment (Garberg)
For more information please contact Tom Rogers at TRogers@bozeman.net
This board generally meets the first and third Tuesday of the month at 7:00pm
Committee meetings are open to all members of the public. If you have a disability and require
assistance, please contact our ADA coordinator, Mike Gray at 582-3232 (TDD 582-2301).
359