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HomeMy WebLinkAbout11-20-17 City Commission Packet Materials - A2. Starner Annexation and Zone Map AmendmentPage 1 of 24 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 155 Staff Report for the Starner Annexation and Starner Zone Map Amendment Page 2 of 24 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). Zoning Commission The Zoning Commission conducted their public hearing on the zone map amendment on November 7, 2017. No public comment was received. The recording of the hearing can be seen on the City’s website, https://www.bozeman.net/services/city-tv-and-streaming-audio. 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. 156 Staff Report for the Starner Annexation and Starner Zone Map Amendment Page 3 of 24 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 ......................................................... 17 APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 17 APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 18 APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 18 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 23 FISCAL EFFECTS ................................................................................................................. 24 ATTACHMENTS ................................................................................................................... 24 157 Staff Report for the Starner Annexation and Starner Zone Map Amendment Page 4 of 24 SECTION 1 - MAP SERIES 158 Staff Report for the Starner Annexation and Starner Zone Map Amendment Page 5 of 24 159 Staff Report for the Starner Annexation and Starner Zone Map Amendment Page 6 of 24 160 Staff Report for the Starner Annexation and Starner Zone Map Amendment Page 7 of 24 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 161 Staff Report for the Starner Annexation and Starner Zone Map Amendment Page 8 of 24 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 Road 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. The City may accept a less that full local street construction or waiver if it deems appropriate to coordinate with development of the larger area. 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. 162 Staff Report for the Starner Annexation and Starner Zone Map Amendment Page 9 of 24 13. The applicant must execute at the Gallatin County Clerk & Recorder's Office in conjunction with the annexation, a waiver of right-to-protest creation of S.I.D.'s for a City-wide Park Maintenance District, which would provide a mechanism for the fair and equitable assessment of maintenance costs for City parks as part of the Annexation Agreement. 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. 163 Staff Report for the Starner Annexation and Starner Zone Map Amendment Page 10 of 24 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. 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 held a public hearing on this ZMA on November 7, 2017. They will forward a recommendation of approval to the Commission on the Zone Map amendment. The hearing was held at 121 N. Rouse Avenue, Bozeman. The meeting began 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. 164 Staff Report for the Starner Annexation and Starner Zone Map Amendment Page 11 of 24 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 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. The requested zoning is for B-2 which allows for both residential and commercial development. Therefore, a waiver for right to protest a park’s maintenance district is included as Term #13 to offset potential impacts of future residential development. 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. 165 Staff Report for the Starner Annexation and Starner Zone Map Amendment Page 12 of 24 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 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.” 166 Staff Report for the Starner Annexation and Starner Zone Map Amendment Page 13 of 24 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 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). 167 Staff Report for the Starner Annexation and Starner Zone Map Amendment Page 14 of 24 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 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 168 Staff Report for the Starner Annexation and Starner Zone Map Amendment Page 15 of 24 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. 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. 169 Staff Report for the Starner Annexation and Starner Zone Map Amendment Page 16 of 24 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, 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 170 Staff Report for the Starner Annexation and Starner Zone Map Amendment Page 17 of 24 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 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. 171 Staff Report for the Starner Annexation and Starner Zone Map Amendment Page 18 of 24 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. 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”. 172 Staff Report for the Starner Annexation and Starner Zone Map Amendment Page 19 of 24 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 173 Staff Report for the Starner Annexation and Starner Zone Map Amendment Page 20 of 24 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 174 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 175 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 176 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 177 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 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198