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17-187, Staff Report for the Starner Annexation and Zone Map Amendment
Public Hearing Date: Zoning Commission public hearing is on November 7, 2017.
City Commission public hearing is on November 20, 2017.
Project Description: Annexation #17-187 requesting annexation of 2.02 acres and
amendment #17-187 of the City Zoning Map for the establishment of a zoning
designation of B2 “Community Business District”.
Project Location: The property is generally located at the southwest corner of Reeves Road East
and Campbell Road. The property is legally described as Section 26, Township 1 South, Range 5
East, Block 2, Lot 3, Walker Subdivision, Bozeman P.M.M., Gallatin County, Montana.
Recommendation: Approval with terms of annexation and 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 #17-187 and move to
approve the Starner Annexation with recommended terms of annexation, 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 #17-187 and move to
approve the Starner Zone Map Amendment, with contingencies required to complete
the application processing.
Report: Before the Bozeman Zoning Commission on Tuesday, November 7, 2017, 6:00
p.m., in the City Commission Room, 121 North Rouse Avenue, Bozeman, Montana
Staff Contact: Chris Saunders; Community Development Manager
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
Unresolved Issues
None
Project Summary
The applicant, TKA Properties, seeks to annex 2.02 acres into the City limits and establish initial
zoning of B-2 “Community Business District”. The property is currently zoned RO, “Residential
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Office” within the county. The future land use map in the Bozeman Community Plan designates
the property as “Community Commercial Mixed Use”. The site is currently vacant and
undeveloped. The subject property is surrounded by public right-of-ways, commercial, residential, and undeveloped land. The future land use map designates the surrounding area as “Community Commercial Mixed Use” and residential. The proposed B-2 zoning designation fits within the Bozeman Community Plan’s intentions of the “Community Commercial Mixed Use”
land use category (see Table C-16 in Appendix C).
Alternatives
1. Approve the application with the recommended contingencies; 2. Approve the application with modifications to the recommended contingencies; 3. Deny the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .................................................................................................... 4
............................................................................................................................................. 5
SECTION 2 - RECOMMENDED TERMS OF ANNEXATION ............................................ 7
SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT..... 9
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 9
Annexation .......................................................................................................................... 9
Zone Map Amendment ..................................................................................................... 10
SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS ................................ 10
SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 14
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 16
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 17
APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 17
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 18
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 23
FISCAL EFFECTS ................................................................................................................. 24
ATTACHMENTS ................................................................................................................... 24
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SECTION 1 - MAP SERIES
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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. An Annexation Map, titled “Starner Annexation Map” with a legal description of the
property and any adjoining unannexed rights-of-way and/or street access easements
must be submitted by the applicant for use with the Annexation Agreement. The map
must be supplied on a mylar for City records (18" by 24"), a reduced 8 ½" by 11" or 8
½” by 14" exhibit for filing with the Annexation Agreement with the Office of the
Gallatin County Clerk & Recorder, and a digital copy for the City Engineer’s Office.
This map must be acceptable to the Director of Public Works and the City Engineer’s
Office, and must be submitted with the signed Annexation Agreement.
2. The applicant must execute all contingencies and terms of said Annexation
Agreement with the City of Bozeman within 60 days of the distribution of the
annexation agreement from the City to the applicant or annexation approval shall be
null and void.
3. The documents and exhibits to formally annex the subject property must be identified
as the “Starner Annexation.”
4. The land owners and their successors shall pay all fire, street, water and sewer impact
fees at the time of connection; and for future development as required by Chapter
3.24, Bozeman Municipal Code, or as amended at the time of application for any
permit listed therein.
5. The developer will be responsible for installing facilities required to provide full
municipal services to the property in accordance with the City’s Infrastructure Master
Plan, adopted Community Plan, and all city policies and guidelines that may be in
effect at the time of development.
6. 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:
a. Street improvements to Campbell Road including paving, curb/gutter,
sidewalk, and storm drainage
b. Street improvements to Frontage Road including paving, curb/gutter, sidewalk,
and storm drainage
c. Street improvements to Reeves Road East including paving, curb/gutter,
sidewalk, and storm drainage
d. Intersection improvements to Campbell Road and Frontage Road
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e. Intersection improvements to Campbell Road and Springhill Road
f. Intersection improvements to Campbell Road and Reeves Road East
g. Intersection improvements to Frontage Road and Springhill Road
h. Intersection improvements to N.19th Avenue and Springhill Roa
The document filed must specify that in the event an SID is not utilized for the
completion of these improvements, the applicant 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. The
applicant must provide a copy of the SID waiver filed with the County Clerk and
Recorder prior to annexation.
7. Bozeman Municipal Code (BMC) Section 38.23.180 states: the transfer of water
rights or the payment of cash-in-lieu (CIL) of water rights shall be provided.
8. The applicant is advised that the property falls within the Bozeman Solvent Site
boundary. The property is underlain by an aquifer contaminated with
perchloroethylene (PCE). No irrigation wells may be installed on this property.
9. The applicant must provide payment for the Solvent Site Water Main Payback District,
in accordance with Resolution No. 3519, prior to connecting to the water system.
10. The city requires the looping of water mains where possible per City of Bozeman
Design Standards and Specification Policy Section V.5. The applicant is advised the
City will evaluate the water main connection and looping requirements at the time of
any future development.
11. Upon future development, Campbell Road must be constructed to a full local street
standard from the intersection of Frontage Road to the northern property boundary,
prior to a future final plat or site plan approval.
12. Bozeman Municipal Code (BMC) Section 38.23.060.A states: Where determined to
be necessary, public and/or private easements shall be provided for private and public
utilities, drainage, vehicular or pedestrian access, etc.
The application is not clear if right-of-way exists for Frontage Road or if the public
right-of-way shown is dedicated to the railroad. Frontage Road requires 110ft of
right-of-way to meet City standards for minor arterial streets. If the right-of-way
doesn’t already exist, the applicant must dedicate the remaining width or provide a
public street easement as a condition of annexation.
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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. That all documents and exhibits necessary to establish an initial municipal zoning designation shall be identified as the “Starner Zone Map Amendment.” All required documents must be returned to the City within 60 days of the City Commission action to
annex the property or the preliminary approval shall be null and void.
2. That the Ordinance for the Zone Map Amendment shall not be finalized 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 shall be null and void.
3. That the applicant must submit a zone amendment map, titled “Starner Zone Map
Amendment”, on a 24” by 36” mylar, an 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. Said map shall contain a metes and bounds legal description of
the perimeter of the subject property including adjacent right-of-ways, and total acreage
of the property. 4. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides an editable metes and bounds legal description prepared by a licensed Montana surveyor.
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS
Annexation
Having considered the criteria established for an annexation, the Development Review
Committee (DRC) voted on September 27, 2017 to recommend approval of the requested
annexation.
The City Commission will hold a public meeting on the annexation on November 20, 2017.
The meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6
p.m.
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Zone Map Amendment
Having considered the criteria established for a zone map amendment, the Staff recommends
approval as submitted. The Starner Zone Map Amendment (ZMA) is in conjunction with an
annexation request. Staff’s recommendation and staff responses are predicated on
approval of the annexation, application #17-187.
The Development Review Committee (DRC) considered the amendment on September 27,
2017. The DRC did not identify any infrastructure or regulatory constraints that would
impede the approval of the application.
The Zoning Commission will hold a public hearing on this ZMA on November 7, 2017 and
will forward a recommendation to the Commission on the Zone Map amendment. The
hearing will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6 p.m.
The City Commission will hold a public meeting on the zone map amendment on November
20, 2017 The meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting will
begin at 6 p.m.
SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS
In considering applications for approval of the requested annexation, the advisory boards and
City Commission shall consider the following:
Commission Resolution No. 4400 Criteria
Commission Resolution No. 4400 Goals
Goal 1: It shall be the goal of the City of Bozeman to encourage annexations of land
contiguous to the City.
Yes. The property in question is contiguous to the City limits on the south and west sides.
Goal 2: The City shall seek to annex all areas that are totally surrounded by the
City, without regard to parcel size.
Neutral. The subject property is not totally surrounded by the City, but is contiguous on two
sides.
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.
Neutral. The subject property is not currently contracting with the City for water, sewer, or
fire protection services. Connection to municipal infrastructure for the property will be the
responsibility of the owner at the time of development of the property.
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
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system as depicted in the Bozeman Growth Policy, and to encourage annexations within
the urban growth area identified in the Bozeman Growth Policy.
Yes. The subject property is located within the service boundary of the existing sewer
system, with a mainline located along Reeves Road to the east which can be used for
potential future development. The site is also located within the urban growth area of 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.
Yes. The Recommended Terms of Annexation include requirements to dedicate all
easements, rights-of-way for 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.
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
anticipated uses, said amendment process may be initiated by the applicant and conducted
concurrently with the processing for annexation.
Yes. The Future Land Use Map of the Bozeman Community Plan (growth policy) designates
the subject property as “Community Commercial Mixed Use.” The proposed B-2 “Community Business District” is in conformance with the intent of the Bozeman Community Plan future land use designation and the current development pattern of the area. As Table C-16 from the growth policy shows (see Appendix C), the B-2 zoning district is properly correlated with the “Community Commercial Mixed Use” designation.
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.
Yes. The applicant has applied for a Zone Map Amendment, as the subject property is
currently under the zoning jurisdiction of Gallatin County (Zoned RO, Residential Office).
As a result, an application for a Zone Map Amendment is being processed concurrently with
the annexation request to establish a new zoning designation under the City of Bozeman. The
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applicant has applied for a Zone Map Amendment #17-187 to establish an initial municipal
zoning designation of B2 “Community Business District”.
c. The applicant may indicate his or her preferred zoning classification as part of the
annexation application.
Yes. The applicant/owner has indicated that they prefer a zoning designation of B2
“Community Business District”.
Policy 3: Fees for Annexation procedures shall be established by the City Commission.
No fee will be charged for any City-initiated annexation.
Yes. The appropriate application processing and review fees accompanied the application.
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.
Yes. The property proposed for annexation is accessed from Campbell Road to the east and
Highway 10 Frontage Road to the south, both of which are paved to the edge of the subject
property.
Note: The annexation and the placement of a zoning district designation on the property by
the City does not guarantee available services. Section 38.07.010.C of the Unified
Development Code states: “Placement of any given zoning district on an area depicted on the
zoning map indicates a judgment on the part of the city that the range of uses allowed within
that district are generally acceptable in that location. It is not a guarantee of approval for any
given use prior to the completion of the appropriate review procedure and compliance with
all of the applicable requirements and development standards of this chapter and other
applicable policies, laws and ordinances. It is also not a guarantee of immediate
infrastructure availability or a commitment on the part of the city to bear the cost of
extending services.”
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.
Yes. The property owner shall provide usable water rights, or cash in-lieu of water rights thereof, in an amount to be determined by the Director of Public Works, as outlined by Section 38.23.180 of the municipal code. This will be addressed during annexation, as the
site in question is less than ten (10) acres. The calculated amount will be determined by the Director of Public Works and based on the zoning designation approved by the City Commission. As there is no present building on the property no fee is due until future development.
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
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services cannot be provided to ensure public health, safety and welfare, it shall be the
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.
Yes. City infrastructure and emergency services are available to the subject property. The site
is located adjacent to developments that are currently served by Bozeman Fire.
Recommended Term of Annexation #5 includes the provision that the developer will be
responsible for installing facilities required to provide full municipal services to the property
in accordance with the City’s Infrastructure Master Plan, adopted Community Plan, and all
city policies and guidelines that may be in effect at the time of development.
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.
Neutral. City services are not currently being provided to this property.
Policy 8: The annexation application shall be accompanied by mapping to meet the
requirements of the Director of Public Works.
Yes. Mapping to meet the requirements of the Director of Public Works must be provided
with the Annexation Agreement. Typically, this includes an 18-inch by 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. (Mapping requirements are addressed in
Recommended Term of Annexation #1).
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.
Yes. The applicant will be required to pay all fire, street, water, and sewer impact fees at the
time of connection for any future development as noted in Recommended Term of
Annexation #4. Standard language addressing this policy has been developed by the City
Attorney for inclusion with all annexation agreements.
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 nor less than 15 days prior to the scheduled action to approve or deny the annexation
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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.
Yes. Notices of the public hearing have been sent and posted on the site as set forth under
this policy.
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.
Yes. This policy item is specified in Recommended Term of Annexation #2.
Policy 12: When possible, the use of Part 46 annexations is preferred.
Yes. This annexation is being processed under Part 46 provisions.
SECTION 6 - 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 (letters A-K). 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 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 future land use map in the Bozeman Community Plan (growth policy) designates
the subject properties as “Community Commercial Mixed Use”. As Table C-16 from the
growth policy shows (see Appendix C) the proposed B-2 zoning district is a proper
implementing district for the future land use designation.
No conflicts with the Growth Policy have been identified.
B. Secure safety from fire and other dangers.
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Yes. The subject property is within the service area of City emergency services, including
police and fire. If developed, the property will be required to conform to the City of Bozeman
standards and regulations in terms of fire, safety, and other emergency services standards.
C. Promote public health, public safety, and general welfare.
Yes. The proposed zoning designation will promote general welfare by implementing the
future land use map in the Bozeman Community Plan. Public health and safety will be
neutrally affected, as future development plans are unknown at this time, thus the burden on
municipal services and emergency response capability is unknown. These issues will be
addressed during site plan review when applicable.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Yes. The development of public infrastructure improvements to serve the property will be
required to conform to the City of Bozeman’s adopted standards which require properties to
construct public infrastructure with regards to transportation, water, sewer, school, parks, and
other public requirements. The extent of these improvements will be determined during the
site plan and development review process when applicable.
E. Reasonable provision of adequate light and air.
Yes. The B-2 zoning designation will require any future development to conform to the
City’s standards in terms of setbacks, height, lot coverage, and buffering. These issues will
be reviewed during the site plan and development review process when applicable.
F. The effect on motorized and non-motorized transportation systems.
Neutral. The proposed B-2 zoning designation will have an effect on the City’s
transportation systems by allowing an increase in traffic (over the current undeveloped land
use). Any development will be required to conform to the City’s policies and standards and
will be reviewed during the site plan and development review process when applicable.
G. Promotion of compatible urban growth.
Yes. The proposed B-2 zoning designation promotes compatibility with urban growth as it is
in accordance with the Bozeman Community Plan. The “Community Commercial Mixed
Use” land use designation allows the proposed B-2 zoning (see Appendix C). Additionally,
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there is existing B-1 and B-2 zoned properties immediately to the west, so the proposed B-2
zoning creates consistency in regards to compatible urban growth of area properties.
H. Character of the district.
Yes. The proposed B-2 zoning does promote the character of the district as the intent of the
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”. This is compatible with the land use of area properties which are currently
zoned B-1, B-2, M-1, and R-O. The retail and service functions that are allowed uses within
the B-2 district are well-suited and complementary to those allowed within the land use
designations of surrounding properties, further supporting the character of the district.
I. Peculiar suitability for particular uses.
Yes. The new zoning will address the affected area’s peculiar suitability for uses as the
property will be developed to applicable standards per the City’s development standards and
regulations. As any proposed future development is unknown at this time, the suitability is
also unknown. However, any development will be required to conform to the City’s policies
and standards and will be reviewed during the site plan and development review process
when applicable, and said development would be required to fit within the regulations of the
B-2 district, which is suitable for this area.
J. Conserving the value of buildings.
Neutral. There are no existing buildings on the property. The proposed B-2 zoning would
allow the development of the property to include new buildings. These new buildings may
have an effect on surrounding properties value. These issues would be addressed during the
development and site plan review process.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Yes. The proposed B-2 zoning will encourage the most appropriate use of land by adhering
to the City’s Community Plan which designates the future land uses of the properties as
Community Commercial Mixed Use.
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
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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 - DETAILED PROJECT DESCRIPTION AND
BACKGROUND
The applicant and owner, TKA Properties, seeks to annex 2.02 acres into the City limits and
establish initial zoning of B-2 “Community Business District”. The property is currently zoned
RO, “Residential Office” within the county. The future land use map in the Bozeman Community Plan designates the property as “Community Commercial Mixed Use”. The site is currently vacant and undeveloped.
The subject property is surrounded by City zoned land of M-2 to the south and west and county zoned land of R-O to the north and east. The Bozeman Community Plan designates the
surrounding area as Community Commercial Mixed Use” to the west and east and “Residential” to the north. Current surrounding land uses include public right-of-ways, commercial, residential, and undeveloped land. The proposed B-2 zoning designation fits within the Bozeman Community Plan’s intentions of the “Community Commercial Mixed Use” land use category (see Table C-16 in Appendix C).
The property is located in a Class I entryway corridor. This does not affect the annexation or zoning approval process, but will add a layer of design review and compliance during the development and site plan review process, if applicable.
Future development plans are unknown at this time. Any development proposed on the property
would be reviewed during the development and site plan review process and would be required
to meet City standards and requirements.
APPENDIX B - NOTICING AND PUBLIC COMMENT
Notice was sent via US 1st Class mail on Thursday, October 19, 2017 to all owners of
property located inside the proposed change and within 200 feet of the perimeter of the
change. The project site was posted on Friday, October 20, 2017. Notice was published in the
Legal Ads section of the Bozeman Daily Chronicle on October 22, 2017 and October 29,
2017. The Zoning Commission public hearing is scheduled for November 7, 2017 and the
City Commission public hearing is scheduled for November 20, 2017.
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APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation:
The property is designated as “Community Commercial Mixed Use” in the Bozeman
Community Plan. According to the plan, “Activities within this land use category are the
basic employment and services necessary for a vibrant community. Establishments
located within these categories draw from the community as a whole for their employee
and customer base and are sized accordingly. A broad range of functions including retail,
education, professional and personal services, offices, residences, and general service
activities typify this designation. In the “center-based” land use pattern, Community
Commercial Mixed Use areas are integrated with significant transportation corridors,
including transit and non-automotive routes, to facilitate efficient travel opportunities.
The density of development is expected to be higher than currently seen in most
commercial areas in Bozeman and should include multi-story buildings. A Floor Area
Ratio in excess of .5 is desired. It is desirable to allow residences on upper floors, in
appropriate circumstances. Urban streetscapes, plazas, outdoor seating, public art, and
hardscaped open space and park amenities are anticipated, appropriately designed for an
urban character. Placed in proximity to significant streets and intersections, an equal
emphasis on vehicle, pedestrian, bicycle, and transit circulation shall be provided. High
density residential areas are expected in close proximity. Including residential units on
sites within this category, typically on upper floors, will facilitate the provision of
services and opportunities to persons without requiring the use of an automobile.”
As Table C-16 from the Bozeman Community Plan shows, the proposed zoning of B-2 is
an implementing districts for the future land use designation of “Community Commercial
Mixed Use”.
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Proposed Zoning Designation and Land Uses:
The applicant has requested zoning of “B-2” (Community Business District) in association
with the annexation of the property. The intent of the B-2 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.”
Table 38.10.020 establishes the uses that are allowed in the B-2 zoning districts.
Table of Commercial Uses Authorized Uses
B-2
Ambulance service P
Apartments and apartment buildings 6 ,
as defined in this chapter
P 1 /C
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Arts and
entertainment center, as defined in this chapter
P
Automobile fuel sales
or repair, as defined in this chapter
C
Automobile parking lot or garage (public
or private)
P
Automobile washing establishment P
Banks and other financial institutions P
Business, technical or
vocational school
C
Bus terminals C
Community centers P
Community
residential facilities with eight or fewer residents
P 1 /C
Community
residential facilities serving nine or more residents
C
Convenience uses P
Convenience use restaurant P
Day care centers P
Essential services
Type I
A
Essential services Type II P
Essential services Type III P
Food processing
facilities
C
Frozen food storage and locker rental P
Health and exercise establishments P
Hospitals P
Staff Report for the Starner Annexation and Starner Zone Map Amendment Page 21 of 24
Hotel or motel P
Laboratories, research and diagnostic P
Laundry, dry cleaning C
Light goods repair, as defined in this chapter C
Lodginghouses C
Manufacturing, artisan P
Manufacturing, light C
Manufacturing, light and completely indoors
C
Mortuary C
Museum C
Medical and dental clinics P
Meeting hall P
Offices, as defined in
this chapter
P
Other buildings and structures typically accessory to permitted
uses
A
Parking facilities P
Personal and convenience services, as defined in this
chapter
P
Pet grooming shop P
Printing offices and publishing establishments
—
Private club,
fraternity, sorority or lodge
P
Public and private parks P
Public buildings P
Staff Report for the Starner Annexation and Starner Zone Map Amendment Page 22 of 24
Refuse and recycling
containers
A
Research laboratories P
Restaurants P
Retail uses, as defined in this chapter P 2
Retail, large scale P
Sales of alcohol for on-premises consumption 7
C
Short term rentals (all types) P
Sign paint shops (not
including neon sign fabrication)
P
Upholstery shops (excluding on site upholstery service for cars, boats, trailers, trucks and other motorized vehicles requiring overnight storage)
P
Veterinary clinic C
Wholesale distributors with on-premises retail
outlets, providing warehousing is limited to commodities which are sold on the premises
C
Wholesale establishments that use samples, but do not stock on premises
P
Staff Report for the Starner Annexation and Starner Zone Map Amendment Page 23 of 24
Any use, except adult
businesses and casinos approved as part of a planned unit
development subject to the provisions of article 20 of this
chapter
C
Notes:
1 When located on the second or subsequent floor, or basement as defined in article 42 of this chapter.
2 Excluding adult businesses, and large scale retail, as they are defined in article 42 of this chapter.
3 Except on ground floor in the core area as defined in this article.
4 Private arts instruction shall only be on the second or subsequent floor in the core area as defined in this article.
5 Exclusive of drive-ins.
6 May be subject to the provisions of chapter 38, article 43.
7 Also subject to chapter 4, article 2.
8 For uses in the downtown core as described in 38.10.010.A.3.a and located on the ground floor adjoining Main Street, a high volume, pedestrian-oriented use adjoining the building's entrance on Main Street is required.
9 Only allowed when service may not be provided from an alternative site or a less intensive installation or set of installations.
10 Non-residential uses are required on the ground floor to a minimum depth of 20 feet from front building facade on properties adjacent to designated Storefront Streets per section 38.44.010.
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owner: TKA Properties, 1276 N 15th Ave Suite 103, Bozeman, MT 59715.
Applicant: same as owner
Representative: Madison Engineering LLC, 895 Technology Blvd Suite 203, Bozeman MT
Report By: Chris Saunders; Community Development Manager
Staff Report for the Starner Annexation and Starner Zone Map Amendment Page 24 of 24
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this Annexation or Zone Map Amendment.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Starner Annexation and ZMA application
Starner ZMA map exhibit
Starner Annexation and ZMA applications, including an adjoining property owners list and
project narrative