Loading...
HomeMy WebLinkAbout04-09-18 City Commission Packet Materials - A4. Park Place Annexation and Zone Map AmendmentPage 1 of 25 18-056, Staff Report for the Park Place Annexation and Zone Map Amendment Public Hearing Dates: Zoning Commission public hearing took place on March 20, 2018. City Commission public hearing is on April 9, 2018. Project Description: Annexation of approximately 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. 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: Updated March 27, 2018 Staff Contact: Chris Saunders; Community Development Manager Agenda Item Type: Action - Legislative 344 18-056, Staff Report for the Park Place Annexation and Zone Map Amendment Page 2 of 25 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. Three public comments have been received in writing or at the Zoning Commission. See Appendix B for more information. Zoning Commission On March 20th, after conducting the public hearing, Zoning Commission members spoke in support of the motion, citing the surrounding land uses, transportation infrastructure, highway, railroad and airport noise as reasons why M-1 zoning is appropriate. On a vote of 4-0 a favorable recommendation on the application is made and the recommended motion passed. The video of the meeting is available at 345 18-056, Staff Report for the Park Place Annexation and Zone Map Amendment Page 3 of 25 https://media.avcaptureall.com/session.html?sessionid=5dd28b61-2744-457e-8d73- 8cbeecf9902b&prefilter=654,3835. 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. 346 18-056, Staff Report for the Park Place Annexation and Zone Map Amendment Page 4 of 25 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 2 Unresolved Issues ............................................................................................................... 2 Project Summary ................................................................................................................. 2 Zoning Commission ............................................................................................................ 2 Alternatives ......................................................................................................................... 3 SECTION 1 - MAP SERIES .................................................................................................... 5 SECTION 2 - RECOMMENDED TERMS OF ANNEXATION ............................................ 7 SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT..... 9 SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 10 Annexation ........................................................................................................................ 10 Zone Map Amendment ..................................................................................................... 10 SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS ................................ 11 SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 16 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 19 APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 19 APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 20 APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 20 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 24 347 18-056, Staff Report for the Park Place Annexation and Zone Map Amendment Page 5 of 25 SECTION 1 - MAP SERIES 348 18-056, Staff Report for the Park Place Annexation and Zone Map Amendment Page 6 of 25 349 18-056, Staff Report for the Park Place Annexation and Zone Map Amendment Page 7 of 25 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. 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. 4. 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. 5. 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. 6. 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. 350 18-056, Staff Report for the Park Place Annexation and Zone Map Amendment Page 8 of 25 7. 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. 8. 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. 9. The applicant must provide right-of-way consistent with the City collector street standard where the property borders Nelson Road. 10. 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; and c. Intersection improvements to Nelson Road and Frontage Road 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. 11. The Annexation Agreement shall include the following notices: a The Annexation Agreement must include notice that, prior to development, the applicant will be responsible for preparing a storm water master plan in conjunction with future development. b. The Annexation Agreement must include notice the City will, upon annexation, make available to the Property existing City services only to the extent currently available, or as provided in the Agreement. 351 18-056, Staff Report for the Park Place Annexation and Zone Map Amendment Page 9 of 25 c. The Annexation Agreement must include notice that, prior to future final development approval, the applicant will be responsible for transfer of water rights or a payment in lieu as required by the Bozeman Municipal Code. d. The Annexation Agreement must include notice that there is no right, either granted or implied, for Landowner to further develop any of the Property until it is verified by the City that the necessary municipal services are available to the property. e. The Annexation Agreement must include notice that utility easements may be required to be provided by the landowner at the time of development to ensure necessary municipal services are available to the property. f. The Annexation Agreement must include notice charges and assessments may be required after completion of annexation to ensure necessary municipal services are available to the property. g. 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. h. 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. 12. All procedural terms necessary to establish the Annexation Agreement in conformance with state law and municipal practice will be included with the final 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 “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 352 18-056, Staff Report for the Park Place Annexation and Zone Map Amendment Page 10 of 25 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 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 held a public hearing on this ZMA on March 20, 2018. At the conclusion of the public hearing the Zoning Commission unanimously recommended the ZMA as proposed. 353 18-056, Staff Report for the Park Place Annexation and Zone Map Amendment Page 11 of 25 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. 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 354 18-056, Staff Report for the Park Place Annexation and Zone Map Amendment Page 12 of 25 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. 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. 355 18-056, Staff Report for the Park Place Annexation and Zone Map Amendment Page 13 of 25 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. 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. 356 18-056, Staff Report for the Park Place Annexation and Zone Map Amendment Page 14 of 25 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 #11.h 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. 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. 357 18-056, Staff Report for the Park Place Annexation and Zone Map Amendment Page 15 of 25 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 (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 358 18-056, Staff Report for the Park Place Annexation and Zone Map Amendment Page 16 of 25 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 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. 359 18-056, Staff Report for the Park Place Annexation and Zone Map Amendment Page 17 of 25 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. 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. 360 18-056, Staff Report for the Park Place Annexation and Zone Map Amendment Page 18 of 25 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. 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. 361 18-056, Staff Report for the Park Place Annexation and Zone Map Amendment Page 19 of 25 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 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. 362 18-056, Staff Report for the Park Place Annexation and Zone Map Amendment Page 20 of 25 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 took place on March 20, 2018 and the City Commission public hearing is scheduled for April 9, 2018. One written public comment was received on March 6, 2018 regarding traffic conditions and mitigation at the intersection of Nelson Road and US Highway 10. One written public comment was received on March 20, 2018. One public comment was received at the Zoning Commission hearing on March 20, 2108. These comments are applicable to the annexation and future development of the site. See attached for the written comments. 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 363 18-056, Staff Report for the Park Place Annexation and Zone Map Amendment Page 21 of 25 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”. 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. 364 18-056, Staff Report for the Park Place Annexation and Zone Map Amendment Page 22 of 25 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 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 365 18-056, Staff Report for the Park Place Annexation and Zone Map Amendment Page 23 of 25 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 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 366 18-056, Staff Report for the Park Place Annexation and Zone Map Amendment Page 24 of 25 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. 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. 367 18-056, Staff Report for the Park Place Annexation and Zone Map Amendment Page 25 of 25 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 368 A1 Development Review Application A1 Page 1 of 3 Revision Date 01-04-16 Required Forms: Varies by project type Recommended Forms: Presentation of submitted plans and specifications DEVELOPMENT REVIEW APPLICATION 1. PROJECT Development Name: Description: 2. PROPERTY OWNER Name: Full Address: Phone: Email: 3. APPLICANT Name: Full Address: Phone: Email: 4. REPRESENTATIVE Name: Full Address: Phone: Email: 5. PROPERTY Full Street Address: Full Legal Description: Current Zoning: Current Use: Community Plan Designation: 369 Development Review Application A1 Page 2 of 3 Revision Date 01-04-16 Required Forms: Varies by project type Recommended Forms: Presentation of submitted plans and specifications Overlay District: Neighborhood Conservation Entryway Corridor None Urban Renewal District: Downtown North 7th Avenue Northeast None 6. STATISTICS (ONLY APPLICATION TYPES 2-12, 17, 24 AND 26) Gross Area: Acres: Square Feet: Net Area: Acres: Square Feet: Dwelling Units: Nonresidential Gross Building Square Feet: 7. APPLICATION TYPES Check all that apply, use noted forms. Form Form 1. Pre-application Consultation None 17. Informal Review INF 2. Master Site Plan MSP 18. Zoning Deviation None 3. Site Plan SP 19. Zoning or Subdivision Variance Z/SVAR 4. Subdivision pre-application PA 20. Conditional Use Permit CUP 5. Subdivision preliminary plat PP 21. Special Temporary Use Permit STUP 6. Subdivision final plat FP 22. Comprehensive Sign Plan CSP 7. Subdivision exemption SE 23. Regulated Activities in Wetlands RW 8. Condominium Review CR 24. Zone Map Amendment (non Annexation) ZMA 9. PUD concept plan PUDC 25. UDC Text Amendment ZTA 10. PUD preliminary plan PUDP 26. Growth Policy Amendment GPA 11. PUD final plan PUDFP 27. Modification/Plan Amendment MOD 12. Annexation and Initial Zoning ANNX 28. Extension of Approved Plan EXT 13. Administrative Interpretation Appeal AIA 29. Reasonable Accommodation RA 14. Administrative Project Decision Appeal APA 30. Other: 15. Commercial Nonresidential COA CCOA 1 6. Historic Neighborhood Conservation Overlay COA NCOA 8. APPLICATION FEES AND MATERIALS A. Fees are to be provided based upon the adopted fee schedule FS. Contact our office for an estimate. 370 Development Review Application A1 Page 3 of 3 Revision Date 01-04-16 Required Forms: Varies by project type Recommended Forms: Presentation of submitted plans and specifications B. Application materials shall be submitted for each application as shown in the specific guidance and checklists that is provided for each application type. A common development review application form and common notice materials may be provided for an application that includes more than one application type. All other application materials shall be submitted for each individual application type per the project guidance and checklists. 9. CERTIFICATIONS AND SIGNATURES This application must be signed by both the applicant(s) and the property owner(s) (if different) for all application types before the submittal will be accepted. The only exception to this is an informal review application that may be signed by the applicant(s) only. As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this application for review under the terms and provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken to complete a development approved by the City of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special conditions established by the approval authority. I acknowledge that the City has an Impact Fee Program and impact fees may be assessed for my project. Further, I agree to grant City personnel and other review agency representative’s access to the subject site during the course of the review process (Section 38.34.050, BMC). I (We) hereby certify that the above information i s true and correct to the best of my (our) knowledge. Certification of Completion and Compliance – I understand that conditions of approval may be applied to the application and that I will comply with any conditions of approval or make necessary corrections to the application materials in order to comply with municipal code provisions. Statement of Intent to Construct According to the Final Plan – I acknowledge that construction not in compliance with the approved final plan may result in delays of occupancy or costs to correct noncompliance. Applicant Signature: Printed Name: Owner Signature: Printed Name: Owner Signature Printed Name: If signing as a corporation, please provide the title and position of the individual signing on behalf of the corporation. Attach separate sheets for additional owner signatures. CONTACT US Alfred M. Stiff Professional Building 20 East Olive Street 59715 (FED EX and UPS Only) PO Box 1230 Bozeman, MT 59771 phone 406-582-2260 fax 406-582-2263 planning@bozeman.net www.bozeman.net 371 PLS Plans and Specifications PLS Page 1 of 4 Revision Date 5-1-17 Required Forms: Applies to all applications Other Forms: None. PLANS AND SPECIFICATIONS INTRODUCTION In order for city staff to efficiently review your project in a timely manner, the application materials and the plan sets submitted must be clear, complete and thorough. This handout provides additional details for the application requirements outlined in the project checklists. If the requirements of this handout are met with your application it will minimize the delays that can occur when an application is unclear, incomplete or not formatted correctly. These requirements are mandatory. If the application materials do not meet these standards they will require correction, which will delay your project. GENERAL PLAN REQUIREMENTS 1. All plans and drawings must be accurately drawn, using a conventional scale such as 1:20 or 1:1/4, and with only one scale per sheet. Details may contain a separate scale if clearly labeled. 2. All text and annotations should be at a font size to enable it to be easily read – 10 point or more. Many plan sets require that 11” x 17” plan sizes be submitted. The text and annotations on plans that size must be readable when printed at that size. If plans are unreadable at the 11” x 17” size, they will not be accepted for review. 3. Plan sizes must meet minimum and maximum size requirements. No plans outside of the stated sizes will be accepted. 4. Plans/drawings must not contain disclaimers such as “Not to Scale” and “Do Not Scale.” (perspectives excepted) and drawings must be drawn true to the stated scale(s). 5. Plans must not contain disclaimers such as “Preliminary” and “Not for Construction.” 6. Provide all relevant measured dimensions annotated on the plans/drawings. For example label typical dimensions of parking spaces, drive accesses, drive aisles and sidewalks. 7. Consistent detailing. All existing and proposed site plan elements (e.g., sidewalks, parking spaces, fire lanes, building foot prints, etc.) must be labeled (unless a legend is provided) and dimensioned (unless a detail is provided). 8. The clearest way to present proposals is to group “existing” and “proposed” drawings side by side, using the same scale for both. 9. Each sheet and/or drawing must have a title box with the drawing name, sheet number and date clearly visible in bold. If sheets are updated or revised a new date must be applied to the sheet. For example, the civil utility plans might be labeled: C2.0 Utilities 05-01-2017. This is important as this will also be the digital file name. See naming protocol below. 10. The use of a title sheet for all general information, project team, data, calculations (parking, parkland, open spaces, and table of contents is required. The title must appear in bold letters across the top of the cover sheet. If the site plan includes a conditional use include the words “and Conditional Use.” 11. If the project is part of an existing development the name of the existing development must appear in the title. For example, “Arbys at Bozeman Gateway” or “Building K at the Cannery District.” 12. The vicinity map with zoning must be on the cover page. 13. A table of contents or plan schedule for all sheets in the plan set must be included on the title sheet with a date for each sheet. If revisions are required, the title sheet must be updated to reflect all revised sheets with a new date. 14. Fully annotated plans and drawings are more understandable, e.g. if a line is shown on the plan between two properties or other conditions such as easements, it must be annotated by adding descriptors to clarify the site condition. 372 Plans and Specifications PLS Page 2 of 4 Revision Date 5-1-17 Required Forms: Applies to all applications Other Forms: None. 15. A legend for all line types and symbols must be included on plan sets. 16. The plan sheets must not be overly congested with line types. When in doubt produce an extra sheet that separates the information. For example, produce a separate utility and easement sheet for utilities to clarify that information if the overall site plan contains too many lines and line types. 17. In general, the plan sheets are where most project information must be included. Separate cut sheets, exhibits, and summary tables on 8 1/2” by 11” will not be accepted. The only exception is for project narratives, property owners’ association documents, SID documents, easements, agreements, maintenance plans, water rights information, payback district information, contracts, deeds, weed plans, and standalone technical reports such as traffic studies, wetland reports, sewer and water reports, environmental, etc. PARKLAND TRACKING REQUIREMENTS 1. Parkland tracking on plans is required in 38.27.020BMC. This only applies to projects with residential development or residential units. 2. Documentation of compliance with the parkland dedication requirements of Section 38.27.020, UDC must be provided with the final plat, preliminary plat layout (park site plan) or individual development site plan (if previously subdivided). A parkland dedication tracking table showing the parkland requirements for the overall subdivision and the method of meeting the parkland dedication shall be included on the site plan. The table shall explicitly state how much parkland acreage, cash-in-lieu, or value of improvements-in-lieu was approved and allocated, as well as what is being proposed, for each lot of the subdivision or site development. 3. If residential development, each phase, lot or individual site plan of the development must have a copy of the parkland dedication tracking table provided below included on the site plan. Contact the Parks Department if you have questions on how to fill out the table. 4. If improvements in lieu are proposed for an existing park within the subdivision, a detailed park improvement site plan, including layout and product manufacturer cut sheets with a cost estimate for all improvements must be provided for Parks Department review. The Parks Department will provide a comparison chart indicating the value of code-required basic improvements versus proposed improvements. 5. Unless previously provided, provide the appropriate waiver of protest for future park maintenance district statement on the plat or site plan. Contact the Parks Department if you are uncertain if a waiver has been granted. 6. The parkland dedication tracking table that must be included on plans is as follows. If you have questions on how to fill out this table contact the Parks Department. PUBLIC PARK LAND DEDICATION TRACKING TABLE CURRENT PREVIOUS PHASES SUBDIVISION NAME: _______________________ PROJECT NAME: ___________________________ TOTAL FOR SUBDIVISION THIS PROPOSAL PHASE / LOT ___________ PARK DED AC CIL &/OR IIL PHASE / LOT __________ PARK DED AC, CIL &/OR IIL PHASE/LOT* __________ PARK DED AC CIL &/OR IIL NUMBER OF RES. UNITS PER PHASE / LOT / SITE PLAN: ACREAGE PARK LAND AND / OR CIL REQUIRED: ** VALUE OF IMPROVEMENTS IN LIEU PROPOSED: $___________________ VS. VALUE OF CODE-REQD. BASIC PARK IMPROVEMENTS: $___________________ (ATTACH COMPARISON CHART SPREADSHEET) ACREAGE PARK LAND PREVIOUSLY DEEDED TO COB: 373 Plans and Specifications PLS Page 3 of 4 Revision Date 5-1-17 Required Forms: Applies to all applications Other Forms: None. COLOR AND MATERIAL PALETTE 1. Color and material palettes are required for all new buildings and structures. A color and material palette must include all the proposed exterior building materials for all structures and site details. 2. The exterior building materials must include all siding, trim, roofing, windows, stairways, doors, balconies, railings windows, storefront, glass/glazing, walls, mechanical screening, trash enclosures, accessory equipment enclosures (generator, etc.), awnings and other architectural elements. 3. For smaller less complex projects that are using readily known building materials, a color and material palette may be presented in color on an 11” x 17” sheet that includes a color picture of the material and the specification. Each material must be keyed to the building elevations. 4. For larger, more complex projects the palette must be presented on a physical board with samples of the proposed building materials in their proposed color. Each sample must have a specification and be keyed to the building elevations. 5. Color perspectives that depict the building accurately and with the proposed building materials are encouraged to be submitted with each application. The color perspective does not satisfy the color and materials palette requirement. APPLICATION SETS 1. Application sets are independent sets of information that include one copy of all information submitted with the application. 2. Application sets that include legal documents, letters, technical reports, narratives, studies and other documentation in addition to plan sheets must include a copy of each item in each application set. All documentation of this type must have a visible and clear date of preparation on the front sheet of the document or study. 3. Three total sets of all information are required with most applications. Two of the sets must include full size plans, one set may include 11” x 17” plans. Full size plan set sizes must not exceed 24” x 36.” 4. Application sets must be bound and two hole punched at the top of the page. Three ring binders with three hole punch are not accepted. 5. If 11” x 17” plans are included, do not trifold them. Fold them in half, then fold the right half back on itself at a 45 degree angle in order to accommodate a two hole punch at the top. Plans must be accessible to be unfolded when bound in a two hole file. 6. Application sets should be organized and collated in the following general order 1) cover sheet/routing sheet 2) applications and checklists; 3) narratives/responses/photographs; 4) legal docs: CC&R’s, easements, deeds, agreements, CIL water rights, etc.; 5) plans; 6) appendices: standalone technical reports 7. Project narratives and responses must not be overwritten or provided on the application checklists. If responding to a checklist item provide a response on a separate document. 8. Plans must be grouped by discipline: Civil, Architectural, Landscape and Electrical/Lighting. 9. All plans must be stapled together and folded to a final size of 8 ½” x 11” or 8 ½” x 14”.If the plan set is large the plans must be stapled into sets by discipline and folded independently. State law requires us to keep a full size paper copy of all plans in our files. The plan sets must be folded so that they can be filed in the project archives. ACREAGE PARK LAND YET TO BE CONVEYED: PARK MASTER PLAN APPROVAL DATE: ______________ * INDICATE ADDITIONAL PHASES AS APPLICABLE **SHOW ACTUAL CALCULATIONS 374 Plans and Specifications PLS Page 4 of 4 Revision Date 5-1-17 Required Forms: Applies to all applications Other Forms: None. DIGITAL COPIES AND NAMING PROTOCOL The city requires digital copies of all planning applications in order to produce cost savings, eliminate paper waste and enhance the flow of information between the city, external agencies, neighborhoods and the applicant. The digital copy must include a copy of all documents and plan sheets submitted as part of the application. The following requirements apply to digital copies. 1. Two digital copies are required with most applications. The copies may be on CD or on a USB drive. 2. The digital copies must be separated into three categories: Documents, Plans and Appendices. 3. Naming protocol. Each individual document or plan sheet must have a proper name and date. The name should be easily understandable. Groups of plan sheets or document sets with multiple types of documents will not be accepted. Plan sheets must include the sheet number. For example a document might be labeled “A1 Development Review application 05-01-2017” or “City Parkland Deed 05-01-17.” Plan sheets are required to be listed individually. For example a plan sheet might be labeled “A300 Floor Plan level 1 and 2 05-01-2017” or “PM Photometric Plan 05-01-17.” Do not include other tab, section or other references in the digital file names. 4. No individual files will be accepted that are larger than 5 mb. Files that are larger must be broken down into smaller files. 5. Label all CD’s with the project name and date. Attach a small tag to all USB drive with the project name and date. CONTACT US Alfred M. Stiff Professional Building 20 East Olive Street 59715 (FED EX and UPS Only) PO Box 1230 Bozeman, MT 59771 phone 406-582-2260 fax 406-582-2263 planning@bozeman.net www.bozeman.net 375 376 377 378 379 380 381 382 Nelson Road – Annexation and Initial Zoning 1 Overview The subject property contains a total of 69.47 acres and is generally located at the northwest corner of Nelson Road and the I-90 Frontage Road. This application proposes to annex and zone the following property: A TOPOGRAPHIC, AS-BUILT AND RETRACEMENT SURVEY OF TRACT 1C AND TRACT 1D OF CERTIFICATE OF SURVEY No. 1372B, LOCATED IN THE SE1/4 OF SECTION 22, TOWNSHIP 1 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, GALLATIN COUNTY, MONTANA. And The Northeast Quarter of the Northeast Quarter (NE¼NE¼) and the East Half of the East Half of the West Half of the Northeast Quarter (E½E½W½NE¼) of Section Twenty-seven (27), Township One (1) South, Range Five (5) East, M.P.M This application proposes to zone the above listed properties, all 69.47 acres, as M-1, Light Manufacturing. This request is in conjunction with a Grown Policy Map Amendment (the amendment will change the property from Present Rural to Industrial). Please refer to the attached exhibits. Support for the annexation and zoning of this property is based on three main principles: • The adjacent and nearby heavy transportation networks (including I-90 Frontage Road and Nelson Road – future collector) are appropriate and desirable to industrial uses. • The need for more M-1, Light Manufacturing, zoning districts within the City Limits. Changing the zoning will promote positive economic development within the City limits. • Municipal services are either near (8” city water main to the MDT facility across Nelson Road) or soon to be near (Davis Lane Lift Station – City of Bozeman CIP WWIF24 project) the property boundaries. Annexation Checklist: 3. Property is currently in agriculture – Hay / Grain crops 4. There is one existing residential unit on Tract 1D 5. No commercial structures on the property 6. One residential unit – 2.5 people / unit 7. Assessed value: Tract 1C -Tax year 2017 – Total Value $31,698 Tract 1D – Tax year 2017 – Total Value $143,514 8. Existing Site Facilities – well, dry utilities 383 Nelson Road – Annexation and Initial Zoning 2 Responses to Zoning Provision Criteria Note: The following Applicant responses to the 11 zoning review criteria are being provided as part of the overall application for the above noted Zone Map Amendment Request. The criteria will be listed verbatim, in italics font, from the recently amended City of Bozeman’s Amendment Checklist followed by the Applicant’s response. Zoning Provision Criteria 1. Is the new zoning designated in accordance with the comprehensive plan? Response: YES. The proposed M-1 zoning designation will be consistent with the Bozeman Community Plan pending approval of the concurrent Growth Policy Map Amendment. The current Bozeman Community Plan designation for the entire property is Present Rural. The Bozeman Community Plan says (Chapter 3.4, Land Use Category Descriptions, Present Rural, page 3-14): “In order to prevent such conflicts and problems in the future, use of land in the Present Rural land use designation should follow one of three paths (only path one is shown below), which are listed in order of the City’s preference: 1) Remain as currently utilized, until annexed and municipal services are available to support a Residential or other urban land use category development as described in this plan. The change in designation will require an amendment to the growth policy” The described property is currently contiguous to City limits and municipal services are either near (8” city water main to the MDT facility across Nelson Road) or soon to be near (Davis Lane Lift Station – City of Bozeman CIP WWIF24 project) the property boundaries. The property is within the City of Bozeman Water and Sewer facility plan boundaries. 2. Will the new zoning secure safety from fire and other dangers? Response: YES. The subject property is contiguous to property that is within the jurisdiction of the City of Bozeman Fire and Police Departments and within the service area of American Medical Response ambulances. The proposed zoning designation modification is consistent with those adjacent to the subject property (mini storage to the north and MDT to the east) and site development in compliance with the UDC and subsequent building development in compliance with building codes will help secure safety from fire and other dangers. 3. Will the new zoning promote public health, safety and general welfare? 384 Nelson Road – Annexation and Initial Zoning 3 Response: YES. The proposed zoning designation modification is compatible with those adjacent to the subject property including the mini storage to the north and MDT to the east. Future site development that is in compliance with the UDC and future building construction that is in compliance with the building code will help assure general health and welfare. The creation of an industrial park (M-1 zoning) will promote positive economic development within the Bozeman City limits. 4. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? Response: YES. Future site development proposals on the subject property will be required to demonstrate the adequate provision of public services that will be necessary to offset any particular impacts that may be identified throughout the review process. 5. Will the new zoning provide reasonable provision of adequate light and air? Response: YES. The proposed zoning designation is compatible with those adjacent to the subject property and site development in compliance with the UDC will help assure the provision of adequate light and air. 6. Will the new zoning have an effect on motorized and non- motorized transportation systems? Response: YES. The street and trail networks that will occur with site development and/or future subdivision in the area will have a positive effect on the City’s transportation systems. The property in this particular area has an evolving land use pattern that reflects the implementation of the various long range planning documents that are intended to guide land use decisions within the City. Included in those documents is the Bozeman Area Transportation Plan (2007 Update), which classifies the adjacent roadways currently abutting the subject property as a Minor Arterial (Frontage Road) and a Collector (Nelson Road). The new zoning designation will not create any more traffic than has been anticipated and can be accommodated by these roadways and future site development that complies with the Unified Development Code (UDC). 7. Does the new zoning promote compatible Urban Growth? Response: YES. The subject property is located within the limits of the Bozeman Community Plan along a minor arterial road and a future collector road and adjacent to land zoned PLI (Public Lands and Institutions District). City water and sewer services are either existing or being planned for this area. As a result, land uses that are of an industrial nature are a sensible and compatible extension of the City’s ongoing urban growth patterns for this area. 385 Nelson Road – Annexation and Initial Zoning 4 8. Does the new zoning promote the character of the district? Response: YES. The zoning designation proposed with this request has been oriented in a manner that provides for a sensible transition of uses in an effort to better accommodate the current land use patterns. Future site development that complies with the standards required within each particular zoning district would be consistent with the surrounding development types thereby preserving the character of the adjacent and current nearby uses. 9. Does the new zoning address the affected area’s peculiar suitability for particular uses? Response: YES. The property’s access to a major transportation corridor makes it desirable for Industrial lot frontage. Homes along this section of the Frontage Road and in such proximity to I-90, the railroad, and the Wastewater Treatment Plant are not ideal places to live. A well-designed industrial center can provide a buffer and transition to future homes to the north and east. The zoning designation proposed with this request is consistent with the current land use patterns in the surrounding area. 10. Was the new zoning adopted with a view to conserving the values of buildings? Response. YES. Although much of the surrounding area has not yet been developed, all future site development that complies with the requirements outlined in the UDC, the design standards required by the City’s engineering design code and future covenants will all help ensure consistency with the existing and planned surrounding development types which will, in turn, aid in the conservation and increase in property values. 11. Does the new zoning encourage the most appropriate use of land throughout the jurisdictional area? Response: YES. The zoning designation change included as part of this request is intended to address an emerging and logical market trend that would indicate a need for the addition of an industrial park within the City. The creation of an industrial park (M-1 zoning) will promote positive economic development within the Bozeman City limits. As referenced throughout this application, the facilities necessary to accommodate the change requested are more than adequate and, especially in the case of transportation facilities, the types of uses that would be allowed within the amended district will be more appropriate. N:\2286\006\Design Docs\Agency Submittal\ZMA & Annexation\ZMA.docx 386 ////////////////////////////////////////////////////////////////////////////////////////////////////////////BTBTBTBTBTBTBTBTBTBTBTBTBTBT/////////////////////////////////////////////BT B T B T BT B T B T BT B T BT B T B T BTPETROPETROPETROPETROPETROPETROPETROPETROPETROPETRO////////////////////////////////////////////////////// /// /// //////OHPO H P O H P O H P O H P O H P O H P O H P O H P O H P /// /// /// /// /// /// /// /// /// /// /// /// /// /// ///BTBTBTBTBTBTBTBTBTBTBTBTBTBTBTN G N G N G N G N G N G N G N G N G N G N G N G N G N G N G NG N G N G NG N G N G N G N G N G NG20'////////////////////////////////////////////////////////////////////////////////////////////////////////////BTBTBTBTBTBTBTBTBTBTBTBTBTBT/////////////////////////////////////////////BT B T B T BT B T B T BT B T BT B T B T BTPETROPETROPETROPETROPETROPETROPETROPETROPETROPETRO////////////////////////////////////////////////////// /// /// //////OHPO H P O H P O H P O H P O H P O H P O H P O H P O H P /// /// /// /// /// /// /// /// /// /// /// /// /// /// ///BTBTBTBTBTBTBTBTBTBTBTBTBTBTBTN G N G N G N G N G N G N G N G N G N G N G N G N G N G N G NG N G N G NG N G N G N G N G N G NG 60'60'40' 40'20'60'60'N89°52'46"W 1762.09'N89°52'46"W 255.67'S1°48'08"W 255.67'S1°48'08"W 457.16'S5 2 ° 1 8 ' 4 3 " E 1 1 3 3 . 9 7 ' S 5 2 ° 1 8 ' 4 3 " E 4 7 9 . 5 2 ' N69° 3 1 ' 5 6 " W 1 6 6 . 9 5 ' N 5 2 ° 1 8 ' 3 1 " W 98 . 4 9 'N15°43'59"W81.76'N37°41'29"E 0.70' S5 2 ° 1 8 ' 4 3 " E 5 8 1 . 2 5 'N2°00'58"E 1412.22'N1°53'26"E 836.91'N89°52'46"W 30.02' 60'N1°48'08"E 117.25'N 5 2 ° 1 8 ' 2 3 " W 2 5 1 8 . 3 1 'N1°53'26"E 117.41'N89°52'46"W 20.02' N87°57'47"W 19.53'95'95'95' . ©COPYRIGHT MORRISON-MAIERLE, INC.,2018 PLOTTED DATE: Jan/31/2018 PLOTTED BY: cole norsworthy DRAWING NAME: N:\2286\007\ACAD\Concept\2286.006-BARNARD-Annexation Map.dwg 1/4 SEC.SECTION TOWNSHIP RANGE PROJ. #:SHEET OF PRINCIPAL MERIDIAN, MONTANA COUNTY, MONTANADATE: SCALE: CLIENT: FIELD WORK: DRAWN BY: CHECKED BY: engineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 Fax: 406.922.6702 11BARNARD GALLATIN 2286.007 1"=100' 01/22/2018 MEE CHN JW & CN 5E 1S 22SE PARK PLACE - ZONING MAP F R O N T A G E R O A D NELSON ROADWIND MILL 24" CORRUGATED METAL CULVERT 21' DIAMETER GRAIN STORAGE BIN YELLOWSTONE PIPELINE COMPANY RIGHT-OF-WAY EASEMENT PER BOOK 113, PAGE 236 YELLOWSTONE PIPELINE COMPANY RIGHT-OF-WAY EASEMENT PER BOOK 113, PAGE 236 MONTANA POWER COMPANY TRANSMISSION LINE EASEMENT PER BOOK 122, PAGE 192 SEE NOTE 5 AND 17 IN SCHEDULE B 40' COUNTY ROAD EASEMENT ROAD PETITION NO. 259 COUNTY ROAD MAP TOWNSHIP 1 SOUTH, RANGE 5 EAST, SHEET No. 4 FIELD BOOK 162, PAGE 41 60' COUNTY ROAD EASEMENT COUNTY ROAD MAP TOWNSHIP 1 SOUTH, RANGE 5 EAST, SHEET No. 4 AND 5 FIELD BOOK 162, PAGE 41 60' RIGHT OF WAY FOR ACCESS AND UTILITIES PER CERTIFICATE OF SURVEY No. 1372B 60' RIGHT OF WAY FOR ACCESS AND UTILITIES PER CERTIFICATE OF SURVEY No. 1372B 40' COUNTY ROAD EASEMENT ROAD PETITION NO. 259 COUNTY ROAD MAP TOWNSHIP 1 SOUTH, RANGE 5 EAST, SHEET No. 4 FIELD BOOK 162, PAGE 41 MONTANA POWER COMPANY GAS PIPE LINE RIGHT-OF-WAY EASEMENT PER FILM 52, PAGE 2286 60' COUNTY ROAD EASEMENT COUNTY ROAD MAP TOWNSHIP 1 SOUTH, RANGE 5 EAST, SHEET No. 4 AND 5 FIELD BOOK 162, PAGE 41 PARC E L 1 & 2 & T R A C T C COS 2 5 8 1 TRAC T 2 COS 2 1 8 8 C TRAC T 1 A COS 1 3 7 2 A TRAC T M D T COS 4 7 3 F S1/2S W 1 / 4 S23 TRAC T 2 COS 2 2 1 7 A TRAC T C O B COS 4 7 3 F PARCEL I: TRACT 1D 1.500 ACRES PARCEL II: TRACT 1C 57.217 ACRES VALLEY CENTERSPUR ROAD100 Parcel I: Tract 1D of Certificate of Survey No. 1372 B, located in the SE ¼ of Section 22, Township 1 South, Range 5 East, Principal Meridian, Gallatin County, Montana. The area of the above described tract of land is 1.500 acres, more or less. Parcel II: Tract 1C of Certificate of Survey No. 1372 B, located in the SE ¼ of Section 22, Township 1 South, Range 5 East, Principal Meridian, Gallatin County, Montana. The area of the above described tract of land is 57.217 acres, more or less. Parcel III: A tract of land located in the NE ¼ NE ¼ of Section 27, Township 1 South, Range 5 East, Principal Meridian, Gallatin County, Montana, more particularly described as follows: Beginning at the Northeast Corner of Section 27, also being the Southeast Corner of Tract 1C of Certificate of Survey No. 1372 B, the Point of Beginning; thence S.1°53'26”W. along the East line of Section 27 a distance of 836.91 feet to the Northeast Right-of-Way line of the Montana Rail Link Railroad; thence N.52°18'43”W. along said Railroad Right-of-Way a distance of 581.25 feet to the Right-of-Way of the Montana Department of Transportation Bargain and Sale Deed Document No. 2170717; thence N.37°41'29”E. along said Right-of-Way a distance of 0.70 feet; thence N.15°43'59”W. a distance of 81.76 feet; thence N.52°18'31”W. a distance of 98.49 feet; thence N.69°31'56”W. a distance of 166.95 feet to the Northeast Right-of-Way line of the Montana Rail Link Railroad; thence N.52°18'43”W. along said Railroad Right-of-Way a distance of 479.52 feet to the south line of Tract 1C of Certificate of Survey No. 1372 B; thence S.89°29'40”E. along said south line a distance of 1123.19 feet to the Point of Beginning. The area of the above described tract of land is 10.546 acres, more or less. Total acreage of the annexation is 69.263 acres or 3,017,096 square feet more or less. JANUARY 30, 2018 CREEK PARCEL III: NE1/4NE1/4 S27, LESS RR ROW AND HIGHWAY ROW 10.546 ACRES LEGAL DESCRIPTION M1 ZO N I N G BOZE M A N C O M M U N I T Y PLAN F U T U R E L A N D U S E: PRES E N T R U R A L GALL A TI N C O U N T Y BOZE M A N AREA P L A N NI N G JUSRI S DI C TI O N BOZE M A N COM M U NI T Y P L A N FUTU R E L A N D U S E: PRES E N T R U R A L BOZE M A N COM M U N I T Y P L A N FUTU R E L A N D U S E: PRES E N T R U R A L BOZE M A N COM M U N I T Y P L A N FUTU R E L A N D U S E: PUBLI C I N S T I T U T I O N S 60' COUNTY ROAD EASEMENT COUNTY ROAD MAP TOWNSHIP 1 SOUTH, RANGE 5 EAST, SHEET No. 4 AND 5 FIELD BOOK 162, PAGE 41 PROPOSED M-1 ZONING AREA SUMMARY PARCEL I: PARCEL II: PARCEL III: RIGHT-OF-WAY 1.500 acres (65,340) Sq. Ft. 52.217 acres (2,274,572) Sq. Ft. 10.546 acres (677,184) Sq. Ft. 6.379 acres (277,869) Sq. Ft. TOTAL PROPOSED ZONING AREA:70.642 acres (3,294,965) Sq. Ft. EXISTING ZONING: SEE EXHIBIT THIS PAGE PROPOSED ZONING: M-1 GALLATIN COUNTY/BOZEMAN AREA ZONING DISTRICT AS-AGRICUTURAL SUBURBAN GALLATIN COUNTY-BOZEMAN NEIGHBORHOOD PLAN SUBJECT ZONING BOUNDARY 400 COUNTY ZONING/ NEIGHBORHOOD PLAN EXHIBIT LEGEND FOUND PUBLIC LAND SURVEY SYSTEM SECTION MARKED, "STATE OF MT, DEPT. OF HIGHWAYS, 5606S 1989". EDGE OF ASPHALT//////EDGE OF GRAVEL BOTTOM EDGE OF DITCH CENTERLINE OF ROAD OVERHEAD POWER LINE BURIED TELEPHONE LINE BURIED NATURAL GAS LINE SIGN SEPTIC SYSTEM MANHOLE LIGHT POLE GUY ANCHOR POWER POLE WATER WELL ELECTRICAL METER WIRE FENCE BURIED PETROLEUM PIPELINE CENTERLINE OF RIGHT-OF-WAY CENTERLINE OF RIGHT-OF-WAY CENTERLINE OF RIGHT-OF-WAY 387 PLI Limit of Bozeman Zoning FUTURE M-1 I-90 Frontage Road Nelson RoadM-2 AGRICULTURE SUBURBAN Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA,USGS, AeroGRID, IGN, and the GIS User Community PROJECT NO.N:\2286.007 FIG. 1NELSON ROAD PROPERTY ZONING MAP AMENDMENT PROPOSED ZONING DESIGNATION N:\2286\007\GIS\Zoning Amendment Map.mxd DRAWN BY: NPE CHK'D BY: MEE APPR. BY: MEE DATE: 01/31/2018 BOZEMAN MONTANA 2880 Technology Blvd. W.Bozeman, MT 59718 Phone: (406) 587-0721Fax: (406) 922-6702 EngineersSurveyorsScientistsPlanners COPYRIGHT MORRISON-MAIERLE, INC., 2018 ±1 inch = 600 feet Legend Project AreaBozeman Zoning DistrictsZONING M-2 PLIGallatin County Zoning Districts AGRICULTURE SUBURBAN 388 389 390 391 From:snowpuppies To:Chris Saunders Subject:RE: PARK PLACE ANNEX Date:Tuesday, March 13, 2018 3:55:30 PM Thank you. We are concerned about the potential for increased traffic at the corner of Nelson and the Frontage Road. It is really difficult to make a left from Nelson onto the Frontage Road during morning and afternoon rush hours. From: Chris Saunders [mailto:csaunders@BOZEMAN.NET] Sent: Tuesday, March 13, 2018 10:39 AMTo: 'Joe Williamson'Subject: RE: PARK PLACE ANNEX Mr. Williamson, The applicants have requested approval for M-1 zoning on the entire parcel. M-1 is a light manufacturing district which allows a wide range of uses. This link will take you to the allowed uses table; https://library.municode.com/mt/bozeman/codes/code_of_ordinances? nodeId=PTIICOOR_CH38UNDECO_ART12INZODI_S38.12.020AUUS. Future development of the site will require review for subdivision to create lots and site plans for individual lots. If annexed, the City’s requirements for site development will apply prior to any building construction approval. Regards, Chris Saunders From: webadmin@bozeman.net [mailto:webadmin@bozeman.net] Sent: Tuesday, March 13, 2018 9:17 AM To: Chris Saunders <csaunders@BOZEMAN.NET> Subject: PARK PLACE ANNEX Message submitted from the <City Of Bozeman> website. Site Visitor Name: Joe WilliamsonSite Visitor Email: snowpuppies@charter.net I see that there is a proposal to annex the property on the northwest corner of Nelson Rd and the Frontage Rd. Can you please provide some information on the intended use of the isproperty? Thank-you. City of Bozeman emails are subject to the Right to Know provisions of Montana’s Constitution (Art. II, Sect. 9) and may be considered a “public record” pursuant to Title 2, Chpt. 6, Montana Code Annotated. As such, this email, its sender and receiver, and the contents may be available for public disclosure and will be retained pursuant to the City’s record retention policies. Emails that contain confidential information such as information related to individual privacy may be protected from disclosure under law. 392