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HomeMy WebLinkAbout18-056 Park Place annexation and zoning staff reportPage 1 of 24 18-056, Staff Report for the Park Place Annexation and Zone Map Amendment Public Hearing Dates: Zoning Commission public hearing is on March 20, 2018. City Commission public hearing is on April 9, 2018. Project Description: Annexation of 69.263 acres and amendment to the City Zoning Map for the establishment of a zoning designation of M-1 “Light Manufacturing”. Project Location: The property is located at the northwest corner of the intersection of Nelson Road and Interstate 90 Frontage Road. The property consists of three parcels of land legally described as Tracts 1C and 1D of Certificate of Survey No. 1372B, located in the SE1/4 of S22, T1S, R5E, and the NE1/4 NE1/4; and the E1/2, E1/2, W1/2, NE1/4 of S27, T1S, R5E, Principal Meridian, Gallatin County, Montana. Recommendation: Approval with terms of annexation and contingencies. Recommended City Commission 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 #18-056 and move to approve the Park Place Annexation with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. Recommended Zoning Commission 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 #18-056 and move to recommend approval of the Park Place Zone Map Amendment, with contingencies required to complete the application processing. Recommended City Commission Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission and all information presented, I hereby adopt the findings presented in the staff report for application #18-056 and move to approve the Park Place Zone Map Amendment, with contingencies required to complete the application processing. Report Date: March 14, 2018 Staff Contact: Chris Saunders; Community Development Manager Agenda Item Type: Action - Legislative 18-056, Staff Report for the Park Place Annexation and Zone Map Amendment Page 2 of 24 EXECUTIVE SUMMARY Unresolved Issues None Project Summary The applicant, Barnard Investments, LLC, seeks to annex three properties totaling roughly 69 acres into the City limits and establish initial zoning of M-1 “Light Manufacturing.” The majority of the property is currently zoned “Agriculture Suburban” within the county, with roughly 15 acres being unzoned. Nearby municipal zoning includes Public Lands and Institutions (PLI) to the east and Manufacturing and Industrial (M-2) to the south. Land to the north and west is unincorporated and unzoned. The future land use map in the Bozeman Community Plan designates the property as “Present Rural” and a growth policy amendment application has been submitted to change the map designation to Industrial. Except for a windmill, well, grain bin, subsurface petroleum pipelines and roads, the subject property is vacant. Adjacent land uses include agriculture and small storage facilities to the north and east, a Montana Department of Transportation (MDT) yard also to the east, the Interstate 90 Frontage Road and Interstate 90 to the south, and a cemetery to the west. Also located nearby are the City of Bozeman wastewater treatment facility, a railroad, storage units and scattered residences. An 8-inch municipal water line is located to the southeast of the property adjacent to the MDT facility. A sewer lift station that has been identified in the City of Bozeman’s 2017 - 2021 Capital Improvements Program is proposed to be constructed near the property. Directly to the east of the property is Nelson Road, which is shown on the transportation plan as a collector road. Located across the I-90 Frontage Road is an underpass that provides access to E. Valley Center Road and the City of Bozeman. West Catron Creek, a tributary of the East Gallatin River, runs northward through the property. 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. 18-056, Staff Report for the Park Place Annexation and Zone Map Amendment Page 3 of 24 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 2 Unresolved Issues ............................................................................................................... 2 Project Summary ................................................................................................................. 2 Alternatives ......................................................................................................................... 2 SECTION 1 - MAP SERIES .................................................................................................... 4 SECTION 2 - RECOMMENDED TERMS OF ANNEXATION ............................................ 6 SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT..... 8 SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 8 Annexation .......................................................................................................................... 8 Zone Map Amendment ....................................................................................................... 9 SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS .................................. 9 SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 15 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 17 APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 18 APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 18 APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 19 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 23 18-056, Staff Report for the Park Place Annexation and Zone Map Amendment Page 4 of 24 SECTION 1 - MAP SERIES 18-056, Staff Report for the Park Place Annexation and Zone Map Amendment Page 5 of 24 18-056, Staff Report for the Park Place Annexation and Zone Map Amendment Page 6 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. The documents and exhibits to formally annex the subject property must be identified as the “Park Place 2018 Annexation.” 2. An Annexation Map, titled “Park Place 2018 Annexation Map” with a legal description of the property 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. 3. Final annexation map and agreement must include the annexation of the full width of all adjacent public right of way as required in state law. 4. The land owners and their successors must pay all fire, street, water and sewer impact fees at the time of connection; and for future development, as required by Chapter 2, Bozeman Municipal Code, or as amended at the time of application for any permit listed therein. 5. 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. 6. 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. 18-056, Staff Report for the Park Place Annexation and Zone Map Amendment Page 7 of 24 7. 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. 8. The Annexation Agreement must include notice that the applicant must connect to municipal services and will be responsible for installing any facilities required to provide full municipal services to the property. 9. BMC 38.23.180.C allows for deferment of cash-in-lieu of water rights or transfer of water rights for vacant land when the annexation is in excess of ten acres. The applicant must provide water rights and/or payment of cash-in-lieu of water rights upon future development per BMC 38.23.180. 10. Bozeman Municipal Code (BMC) 38.24.010.A states: All streets shall be provided in accordance with the adopted growth policy and/or transportation plan. The arrangement, type, extent, width, grade and location of all streets shall be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety, and to the proposed uses of the land to be served by such streets. · The applicant must provide right-of-way consistent with the City collector street standard where the property borders Nelson Road. 11. 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 Frontage Road including paving, curb/gutter, sidewalk, and storm drainage b. Street improvements to Nelson Road including paving, curb/gutter, sidewalk, and storm drainage c. Street improvements to North Ferguson Avenue including paving, curb/gutter, sidewalk, and storm drainage d. Intersection improvements to Nelson Road and Frontage Road e. Intersection improvements to Frontage Road and North Ferguson Avenue 18-056, Staff Report for the Park Place Annexation and Zone Map Amendment Page 8 of 24 The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the developer 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. 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 “Park Place 2018 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 applicant must submit a zone amendment map, titled “Park Place 2018 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. 3. 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. 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 The Development Review Committee (DRC) met to discuss the proposed annexation on February 21, 2018. The DRC did not make a formal recommendation, but did not 18-056, Staff Report for the Park Place Annexation and Zone Map Amendment Page 9 of 24 express concerns with annexation of the property. The City Commission will hold a public meeting on the annexation on April 9, 2018. 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 Park Place2018 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 #18-056. The Development Review Committee (DRC) considered the amendment on February 21, 2018. The DRC did not identify any infrastructure or regulatory constraints that would impede the approval of the application. As of this writing the property is designated on the Bozeman Community Plan Future Land Use Map as Present Rural. The applicant has submitted an application to change the Future Land Use Map designation to Industrial. Staff’s recommendation and staff responses are predicated on approval of the Future Land Use Map amendment, application #18- 055. The Zoning Commission will hold a public hearing on this ZMA on March 20, 2018 and will forward a recommendation to the City 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 April 9, 2018. 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. 18-056, Staff Report for the Park Place Annexation and Zone Map Amendment Page 10 of 24 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 but is bordered by the City to the east of the property. 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 required and 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 planned sewer system and within the urban growth area. Applicants have requested M-1 zoning to support future development. 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 required easements are for both existing and future extension of private utilities. Although the project appears adjacent to US Highway 10, there is actually an intervening strip of land owned by the railroad. The highway is an easement that is located within the railroad’s private property. Therefore, annexation of the right of way for US 10 is not required by state law at this time. 18-056, Staff Report for the Park Place Annexation and Zone Map Amendment Page 11 of 24 The Montana Department of Transportation has jurisdiction over US Highway 10. Any future expansion of the road, access to the road, or revisions to the intersection of Nelson Road must be approved by them. 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 “Present Rural.” The applicant has requested the property be changed to a designation of “Industrial,” which is being processed concurrently with the application for annexation and initial zoning. 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 a portion of the subject property is currently under the zoning jurisdiction of Gallatin County. As a result, an application for a Zone Map Amendment is being processed concurrently with the annexation request to establish a new zoning designation in the City of Bozeman. c. The applicant may indicate his or her preferred zoning classification as part of the annexation application. Yes. The applicant has requested a zoning designation of M-1 “Light Manufacturing”. 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 primarily accessed from Nelson Road to the east, a collector road which is paved along the subject property. There is an existing, but undeveloped, right of way on the west end of the property that intersects with the Valley Center Spur Road intersection with US Highway 10. 18-056, Staff Report for the Park Place Annexation and Zone Map Amendment Page 12 of 24 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. The calculated amount will be determined by the Director of Public Works and based on the zoning designation approved by the City Commission. As allowed in 38.23.180, properties over 10 acres may defer provision of water rights until the property develops. This will be addressed during annexation agreement 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 or will be made available prior to development. An 8” water main is located nearby the property to the southeast. A new sewer main and lift station are proposed, as is a 60-foot access and utility easement across the property. Recommended Term of Annexation #6 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 18-056, Staff Report for the Park Place Annexation and Zone Map Amendment Page 13 of 24 Plan, and all city policies and guidelines that may be in effect at the time of development. Items identified to date that will likely need to be addressed include: 1. Future development relies on the proposed Davis Lane Lift Station defined in the City Wastewater Collection Facilities Plan. The Davis Lane Lift Station must be constructed prior to any future development approvals on the property. The City is underway with design of this facility. 2. Water main looping that meets the requirements of the City Design Standards and Specifications Policy will be required upon future development. The applicant proposed water main routes through the City Water Reclamation Facility (WRF) property to complete loops. The applicant must obtain approval from the City for any routes through the WRF property, and water main routes may not interfere with future expansion of the WRF. 3. Water mains must be constructed to the property consistent with the City Water Facility Plan upon future development. 4. The property is located in a new water pressure zone. The applicant must construct pressure reducing valves to accommodate the new pressure zone upon future extension of water mains to the property. 5. To provide sanitary sewer service to the property upon future development, the applicant must construct a private, sanitary sewer lift station that will be maintained by the property owner. The discharge of that lift station will be to the Davis Lane Lift Station mentioned in item 1 above. 6. Upon future development, the applicant must construct curb, gutter, and sidewalks along Nelson Road and Frontage Road where the property borders these roads. 7. Upon future development, Nelson Road must be constructed to the standard defined in the City Transportation Master Plan for this road per the City’s complete streets policy. Dependent on the analysis of a traffic impact study traffic control facilities may be required at the intersection of Nelson Road and US Highway 10 as allowed by MDT. 8. Upon future development, the applicant must construct an appropriate local street grid through the property that meets block length requirements defined in BMC 38.23.040. 9. Upon future development, the applicant must construct a local street aligned with Stonegate Drive. 10. Upon future development, the applicant must construct a trail network through the property as defined in the City Parks, Recreation, Open Space, and Trails 18-056, Staff Report for the Park Place Annexation and Zone Map Amendment Page 14 of 24 (PROST) Plan. This trail will likely be located within the setback from West Catron Creek. 11. Upon future development, the applicant must construct a stormwater system consistent with the requirements of the City Design Standards and Specifications Policy. The identified work will be required of any type of future urban development on the site. The annexation agreement will not require these specific items as a formal proposal for development has not been submitted and a future design may require different work. They are identified here for informational purposes only. 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, but have been requested by the applicant. 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&2). The formal mylar map will be required prior to adoption of the resolution of annexation. 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 18-056, Staff Report for the Park Place Annexation and Zone Map Amendment Page 15 of 24 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 published, 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 #7. 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 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, if the Future Land Use Map designation is changed from Present Rural to Industrial, which is currently under consideration. As Table C-16 from the growth policy shows (see Appendix C) the proposed M-1 zoning district is a proper implementing district for the future land use designation. Given the industrial nature of adjacent development to the east, north, and south the requested change is consistent with the sense of place and urban density principles of Chapter 3. Additional evaluation will occur during development review for more site specific compliance. No overriding conflicts with the goals or objectives of the Growth Policy have been identified. 18-056, Staff Report for the Park Place Annexation and Zone Map Amendment Page 16 of 24 B. Secure safety from fire and other dangers. Yes. The subject property will be provided with city emergency services including police, fire and ambulance. When developed, the property will be required to conform to all City of Bozeman public safety, building and land use requirements. C. Promote public health, public safety, and general welfare. Yes. The proposed zoning designation will promote public health, safety and general welfare by allowing future development to connect to city services, by providing adequate transportation infrastructure, ensuring development meets state adopted building codes, and other safety requirements. 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 and/or pay impact fees, charges and taxes to support transportation, water, sewer, school, parks, and other public requirements. These improvements will be required as current facilities at the site are not meeting code requirements. As an industrial district provision of schools and parks are not review criteria for site development. E. Reasonable provision of adequate light and air. Yes. The M-1 zoning designation will require any future development to conform to the City’s standards in terms of setbacks, height, lot coverage, and buffering. Additional open area will be provided by the required setback from West Catron Creek which crosses the property. The standards of the M-1 district have been found by the Commission to adequately address these concerns. F. The effect on motorized and non-motorized transportation systems. Neutral. The proposed M-1 zoning designation would allow development that would add traffic to City streets, but will also pay fees and charges proportionate to the impact on motorized and non-motorized transportation systems. Adequate capacity and plans are in place for current and anticipated future development. City standards will require provision of pedestrian facilities adjacent to and within the development. These facilities will enhance the non-motorized transportation system in the area. At this time, there is no proposed subdivision for the subject property. Additional review for roadway location, configuration, and capacity of adjacent streets will occur during subdivision review. Improvements necessary to mitigate negative impacts will be required at that time. 18-056, Staff Report for the Park Place Annexation and Zone Map Amendment Page 17 of 24 G. Promotion of compatible urban growth. Yes. The proposed M-1 zoning designation would be applied to property that is bordered by a cemetery, Montana Department of Transportation Yard, a highway and agricultural land. Nearby are the City’s wastewater treatment facility, a railroad and mini-storage. The M-1 zoning designation allows for a range of light industrial type uses (see Appendix C) that would be compatible with the existing surrounding land uses. H. Character of the district. Yes. The proposed M-1 zoning does promote the character of the district as the intent of the light manufacturing district is to “provide for the community's needs for wholesale trade, storage and warehousing, trucking and transportation terminals, light manufacturing and similar activities.” This is compatible with the land uses of surrounding properties. There are no residences adjacent to the area proposed for zoning. I. Peculiar suitability for particular uses. Yes. The property would be suitable for the uses allowed in the M-1 zoning district because of surrounding compatible land uses, access to major transportation infrastructure, and access to municipal facilities. J. Conserving the value of buildings. Neutral. There no existing inhabitable buildings on the property. No adjacent properties contain buildings which would be negatively affected by an industrial designation. K. Encourage the most appropriate use of land throughout the jurisdictional area. Yes. The proposed M-1 zoning will encourage the most appropriate use of land due to the existing neighboring land uses and high capacity transportation infrastructure. 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. The City will accept written protests from property owners against the proposal described in this report until the close of the public hearing before the City Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the area affected by the proposal or by owner(s) of real property that lie within 150 feet of an area affected by the proposal. The protest must be in 18-056, Staff Report for the Park Place Annexation and Zone Map Amendment Page 18 of 24 writing and must be signed by all owners of the real property. In addition, a sufficient protest must: (i) contain a description of the action protested sufficient to identify the action against which the protest is lodged; and (ii) contain a statement of the protestor's qualifications (including listing all owners of the property and the physical address and legal description of the property), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw a previously filed protest at any time prior to final action by the City Commission. Protests must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230. APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND The applicant, Barnard Investments, LLC, seeks to annex three properties totaling roughly 69 acres into the City limits and establish initial zoning of M-1 “Light Manufacturing.” The majority of the property is currently zoned “Agriculture Suburban” within the county, with roughly 15 acres being unzoned. Nearby municipal zoning includes Public Lands and Institutions (PLI) to the east and Manufacturing and Industrial (M-2) to the south. Land to the north and west is unincorporated and unzoned. The future land use map in the Bozeman Community Plan designates the property as “Present Rural” and a growth policy amendment application has been submitted to change the map designation to Industrial. Except for a windmill, well, grain bin, subsurface petroleum pipelines and roads, the subject property is vacant. Adjacent land uses include agriculture to the north and east, a Montana Department of Transportation (MDT) yard also to the east, the Interstate 90 Frontage Road and Interstate 90 to the south, and a cemetery to the west. Also located nearby are the City of Bozeman wastewater treatment facility, a railroad, storage units and scattered residences. An 8-inch municipal water line is located to the southeast of the property adjacent to the MDT facility. A sewer lift station that has been identified in the City of Bozeman’s 2017 - 2021 Capital Improvements Program is proposed to be constructed on the property. Directly to the east of the property is Nelson Road, which is shown on the City’s interactive mapping system as a collector road. Located across the I-90 Frontage Road is an underpass that provides access to E. Valley Center Road and the City of Bozeman. West Catron Creek, a tributary of the East Gallatin River, runs northward through the property. APPENDIX B - NOTICING AND PUBLIC COMMENT Notice was sent via US 1st Class mail to all owners of property inside the proposed change and within 200 feet of the perimeter of the change. The project site was posted as required. Notice was published in the Legal Ads section of the Bozeman Daily Chronicle on March 4, 2018 as required. The Zoning Commission public hearing is 18-056, Staff Report for the Park Place Annexation and Zone Map Amendment Page 19 of 24 scheduled for March 20, 2018 and the City Commission public hearing is scheduled for April 9, 2018. One public comment was received on March 6, 2018 regarding traffic conditions and mitigation at the intersection of Nelson Road and US Highway 10. APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING The property is currently designated as “Present Rural.” Concurrent with the application for annexation and initial zoning, the applicant has requested a Bozeman Community Plan Future Land Use Map designation of “Industrial,” which would be consistent with the proposed M-1 “Light Industrial” zoning classification (see table below). According to the Bozeman Community Plan, the M-1 zoning “provides areas for the uses which support an urban environment such as manufacturing, warehousing, and transportation hubs. Development within these areas is intensive and is connected to significant transportation corridors. In order to protect the economic base and necessary services represented by industrial uses, uses which would be detrimentally impacted by industrial activities are discouraged. Although use in these areas is intensive, these areas are part of the larger community and shall meet basic standards for landscaping and other site design issues and be integrated with the larger community. In some circumstances, uses other than those typically considered industrial have been historically present in areas which were given an industrial designation in this growth policy. Careful consideration must be given to public policies to allow these mixed uses to coexist in harmony.” As Table C-16 from the Bozeman Community Plan shows, the proposed zoning of M-1 is an implementing districts for the future land use designation of “Industrial”. 18-056, Staff Report for the Park Place Annexation and Zone Map Amendment Page 20 of 24 Table 38.12.020 establishes the uses that are allowed in the M-1 zoning districts. Principal uses are indicated with a "P," conditional uses are indicated with a "C," accessory uses are indicated with an "A," and uses which are not authorized within the district are indicated by a "-." A particular proposed development may fall under more than one listed category with different review processes. In such cases, the more stringent review process shall apply. Table of Industrial Uses BP M-1 M-2 Adult business 1 — P 1 P 1 Agriculture — — P Ambulance service — P P Amusement and recreational facilities — P C 18-056, Staff Report for the Park Place Annexation and Zone Map Amendment Page 21 of 24 Animal shelters — C C Automobile, boat or recreational vehicle sales, service and/or rental — P P Automobile fuel sale or repair, as defined in this chapter — P P Automobile parking lot or garage (public or private) P/A 2 P/A 2 P/A 2 Automobile washing establishment — P P Banks and other financial institutions C P C Building materials — P P Community center, as defined in this chapter P P P Day care center C/A 3 C/A 3 C/A 3 Food processing facility — P P Essential services Type I A A A Essential services Type II P P P Essential services Type III P P P Fences A A A Health and exercise establishments C P P Hospitals P — — Hotel or motel — P P Junk salvage or automobile reduction/salvage yards — — C Laboratories, research and diagnostic P P P Light goods repair, as defined in this chapter — P P Manufacturing, artisan P P P Manufacturing, light P 4 P 4 P Manufacturing or industrial uses of all types if in compliance with all provisions of this chapter unless otherwise stated in this section. — — P Medical clinics P P P Offices, as defined in this chapter P 5 P P Other buildings and structures typically accessory to permitted uses A A A Outside storage — /A 6 P/A 6 P/A 6 Personal and convenience services, as defined in this chapter — C C Personnel service facilities providing services, education, food and convenience goods primarily for those personnel employed in the principal use A A A Production manufacturing and generation facilities (electric and gas) — — C Public and private parks P P P 18-056, Staff Report for the Park Place Annexation and Zone Map Amendment Page 22 of 24 Public buildings P P P Retail sales of goods produced or warehoused on site and related products, not to exceed 20 percent of gross floor area or 10,000 square feet, whichever is less A A A Retail sales for on-premise consumption of alcohol produced on site, not to exceed 10,000 square feet or 50 percent of the facility, whichever is less — C C Residential use which is clearly accessory to the operation of a permitted principal or conditional use 7, 11 — A 7, 11 A 7, 11 Restaurant 8 — P 8 P 8 Restaurants serving alcoholic beverages 9 — C 9 C 9 Refuse and recycling containers A A A Retail establishments other than principal uses listed in this section — C C Signs 10 A A A Solid waste transfer station — — C Temporary buildings and yards incidental to ongoing construction work A A A Truck, bus and rail terminal facilities — P P Truck repair, washing, and fueling facilities — C P Technology research establishments P P P Trade schools — P P Veterinary clinics P P P Warehousing — P P Warehousing, residential storage (mini warehousing) — P P Any use, except casinos and retail, large scale, approved as part of a planned unit development subject to the provisions of article 20 of this chapter C C C 1 Subject to the requirements of article 22 of this chapter. 2 As required by this chapter and meeting the standards of this chapter. 3 If primarily offering services to a single business or group of businesses within the same building or building complex. 4 Completely enclosed within a building. 18-056, Staff Report for the Park Place Annexation and Zone Map Amendment Page 23 of 24 5 Professional and business offices only. 6 Only if accessory to a principal use and if screened from the street and surrounding properties by a solid fence or dense plantings at least six feet in height. 7 For the purposes of this section, accessory means less than 50 percent of gross floor area of a building, and being generally located on the second or subsequent floor. 8 Occupying not more than 20 percent of the gross floor area of a building or 1,500 square feet, whichever is less, or occupying not more than 45 percent of the gross floor area of a food processing facility. 9 Limited to state beer and wine licenses issued since 1997, prohibiting any form of gambling and occupying not more than 45 percent of the total building area of a food processing facility. 10 Subject to the requirements of article 28 of this chapter. 11 May be subject to the provisions of chapter 38, article 43. APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF Owners: Michael A. McGinley, Vicki Ann McGinley, Brett Michael McGinley, and Irrevocable Trust Number 400 dated January 9, 2009 Lucille W. Peter Trustee and Frederick H. Peter, Trustee. Applicant: Barnard Investments, LLC, Kent Merselis, Director of Development, 701 Gold Ave., Bozeman, MT 59715 Representative: Morrison Maierle, Inc., Matt Ekstrom, PE, 2880 Tech Blvd, Bozeman, MT 59718 Report By: Chris Saunders, Community Development Manager 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. Application materials Public Comment to date 18-056, Staff Report for the Park Place Annexation and Zone Map Amendment Page 24 of 24