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Home My WebLink About01-28-19 City Commission Packet Materials - A2. Cottonwood and Oak Annexation and Initial Zone Map AmendmentPage 1 of 31 18-490, Staff Report for the NW Corner of Cottonwood and Oak Annexation and Zone Map Amendment Public Hearing Date: Zoning Commission public hearing was on January 15, 2019 City Commission public hearing will be held on January 28, 2019. Project Description: Annexation of 160.51 acres and amendment to the City Zoning Map for the establishment of a zoning designation of REMU “Residential Emphasis Mixed-Use” and B-2M “Community Business – Mixed” Project Location: The property is generally located at the northwest corner of West Oak Street and Cottonwood Road. The property is legally described as the NE ¼ of Section 4 also known as Tract 5 of Certificate of Survey No. 2552; located in the NE ¼ of Section 4, Township 2 South, Range 5 East, Principal Meridian, Gallatin County, Montana. Recommendation: Approval with terms of annexation and contingencies. 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 #18-490 and move to recommend approval of the NW Corner of Cottonwood and Oak Zone Map Amendment, with contingencies required to complete the application processing. 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- 490 and move to approve the NW Corner of Cottonwood and Oak Annexation with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. 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 #18-490 and move to approve the NW Corner of Cottonwood and Oak Zone Map Amendment, with contingencies required to complete the application processing. Report Date: January 16, 2019 Staff Contact: Danielle Garber; Assistant Planner, Community Development Agenda Item Type: Action - Legislative EXECUTIVE SUMMARY Unresolved Issues None 124 Staff Report for the 2018 NW Corner of Cottonwood and Oak Annexation and Zone Map Amendment Page 2 of 31 Project Summary The applicant, Bryan Klein, seeks to annex 160.51 acres into the City limits and establish initial zoning of REMU “Residential Emphasis Mixed-Use” for 130.99 acres and B-2M “Community Business – Mixed” for the remaining 29.51 acres. The property is currently zoned AS, “Agriculture – Suburban” within the county. The applicant proposed a change to the future land use map in the Bozeman Community Plan from Residential and Present Rural to Residential Emphasis Mixed Use and Community Commercial Mixed Use, which received unanimous City Commission approval during the December 17, 2018 public hearing and established a commercial node at the Oak and Cottonwood intersection. The property is surrounded by city limits on two of four sides and the applicant intends to connect to and extend city services upon development, pending annexation approval. The site is adjacent to the new Bozeman Sports Park to the east, the new High School to the southeast, recently developed and existing residential neighborhoods to the south, and agricultural to the west and north. The subject property is occupied by a single-household residence and agricultural uses. Zoning Commission The Zoning Commission held a public hearing and considered this zone map amendment at its January 15, 2019 meeting. No public comment was received. The Zoning Commission passed a motion recommending this zone map amendment for approval by the City Commission on a unanimous, 3-0, vote. Video and minutes from the meeting can be viewed here: https://media.avcaptureall.com/session.html?sessionid=79c8592f-e1b6-4c85- 904b-59e227fbd784&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. 125 Staff Report for the 2018 NW Corner of Cottonwood and Oak Annexation and Zone Map Amendment Page 3 of 31 TABLE OF CONTENTS EXECUTIVE SUMMARY ................................................................................................................................ 1 Unresolved Issues ................................................................................................................................... 1 Project Summary..................................................................................................................................... 2 Zoning Commission ............................................................................................................................... 2 Alternatives ............................................................................................................................................... 2 SECTION 1 - MAP SERIES ............................................................................................................................ 4 SECTION 2 - RECOMMENDED TERMS OF ANNEXATION .............................................................. 9 SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT ................ 13 SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ....................................................... 14 Annexation ............................................................................................................................................. 14 Zone Map Amendment....................................................................................................................... 14 SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS ................................................. 15 SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS .......................... 20 PROTEST NOTICE FOR ZONING AMENDMENTS ............................................................................ 27 APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............................. 27 APPENDIX B - NOTICING AND PUBLIC COMMENT ....................................................................... 28 APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................................... 28 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF ........................................... 31 FISCAL EFFECTS .......................................................................................................................................... 31 ATTACHMENTS ........................................................................................................................................... 31 126 Staff Report for the 2018 NW Corner of Cottonwood and Oak Annexation and Zone Map Amendment Page 4 of 31 SECTION 1 - MAP SERIES Figure 1 Zoning Map 127 Staff Report for the 2018 NW Corner of Cottonwood and Oak Annexation and Zone Map Amendment Page 5 of 31 Figure 2 Future Land Use Map – CURRENT 128 Staff Report for the 2018 NW Corner of Cottonwood and Oak Annexation and Zone Map Amendment Page 6 of 31 Figure 3 Future Land Use Map - PRELIMINARILY APPROVED BY THE CITY COMMISSION DEC. 17, 2018 129 Staff Report for the 2018 NW Corner of Cottonwood and Oak Annexation and Zone Map Amendment Page 7 of 31 Figure 4 Proposed Zoning 130 Staff Report for the 2018 NW Corner of Cottonwood and Oak Annexation and Zone Map Amendment Page 8 of 31 Figure 5 Future Land Use Map & Closest Existing Service Area Nodes Outlined in Pink 131 Staff Report for the 2018 NW Corner of Cottonwood and Oak Annexation and Zone Map Amendment Page 9 of 31 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 “2018 NW Corner of Cottonwood & Oak Annexation”. 2. An Annexation Map, titled “2018 NW Corner of Cottonwood & Oak Annexation” with a legal description of the property and any adjoining un-annexed rights-of-way and/or street access easements must be submitted by the applicant for use with the Annexation Agreement. The map must be supplied on a mylar for City records (18" by 24"), a reduced 8 ½" x 11" or 8 ½” by 14" exhibit for filing with the Annexation Agreement at the County Clerk & Recorder, and a digital copy for the City Engineer’s Office. This map must be acceptable to the Director of Public Works and 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. The landowners 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 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 Baxter Lane including paving, curb/gutter, sidewalk, lighting and storm drainage b. Street improvements to North Cottonwood Road including paving, curb/gutter, sidewalk, lighting and storm drainage c. Street improvements to Harper Puckett Road including paving, curb/gutter, sidewalk, lighting and storm drainage d. Street improvements to West Oak Street including paving, curb/gutter, sidewalk, lighting and storm drainage e. Street improvements to North Laurel Parkway including paving, curb/gutter, sidewalk, lighting and storm drainage f. Intersection improvements to Baxter Lane and North Cottonwood Road g. Intersection improvements to Baxter Lane and Harper Puckett Road 132 Staff Report for the 2018 NW Corner of Cottonwood and Oak Annexation and Zone Map Amendment Page 10 of 31 h. Intersection improvements to Baxter Lane and North Laurel Parkway i. Intersection improvements to West Oak Street and North Cottonwood Road j. Intersection improvements to West Oak Street and Harper Puckett Road k. Intersection improvements to West Oak Street and North Laurel Parkway The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the applicant agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The applicant must provide a copy of the SID waiver filed with the County Clerk and Recorder per the time describe within the annexation agreement. 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 Special Improvement Districts 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. 7. Right-of-way must be provided consistent with the City collector and arterial street standards for the surrounding streets per Bozeman Unified Development Code (UDC) 38.400.010.A. The applicant should consult the City of Bozeman Design Standard and Specification Manual and Transportation Master Plans for the required right-for-way. i. The applicant must provide the Right-of-way (ROW) defined the City’s Transportation Master Plan Appendix K Pages 97-98 which falls within the property to be annexed for Cottonwood Road. ii. The applicant must provide the ROW defined the City’s Transportation Master Plan Appendix K Pages 45-46 which falls within the property to be annexed for Baxter Lane. iii. The applicant must provide the ROW defined the City’s Transportation Master Plan Appendix K Pages 218-219 which falls within the property to be annexed for North Laurel Parkway. iv. The applicant must provide 60 feet of ROW for the completion of the West Oak Street along the property frontage. 8. Ten foot utility easements must be provided along the required right-of-way defined in the above comment for the following location. The executed easement must be delivered to the City Engineering Department (Griffin Nielsen). The easement must be executed on the City’s standard easement form. A copy of the standard easement form may be obtained from the City Engineering Department. i. Cottonwood Road ii. Baxter Lane 133 Staff Report for the 2018 NW Corner of Cottonwood and Oak Annexation and Zone Map Amendment Page 11 of 31 iii. North Laurel Parkway iv. West Oak Street 9. 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 in accordance with city policy at the time that connection is available. 10. Upon connection to municipal services, the applicant must properly abandon the existing on-site septic tank and leach field prior to connection to the City sanitary sewer system. The applicant must report the abandonment to the City Water and Sewer Superintendent (John Alston) for inspection, and the applicant must report the abandonment to the Gallatin City County Health Department. In addition to abandonment of the septic tank and leach field, the applicant must demonstrate that the sanitary sewer service to the septic tank has been completely disconnected from the old septic system prior to connection to the City sanitary sewer system. 11. The property was has been included in the boundary of the City’s infrastructure master plans and the City’s Growth Map Boundary. As property is applying a change to the growth policy designation. If approved the property may not develop intensities indicated with the City’s infrastructure master plan without mitigating impacts to the City’s infrastructure. This will include providing addendums to changes to the City’s Infrastructure Master Plans and infrastructure models if determined necessary by the City’s Engineering Department. 12. 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. 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. 134 Staff Report for the 2018 NW Corner of Cottonwood and Oak Annexation and Zone Map Amendment Page 12 of 31 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. 13. 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. Advisory Comments 1. Future Impact Fees - Please note that future building permit applications will require payment of the required transportation, water, sewer and fire impact fees according to the City of Bozeman adopted impact fee schedule in place at the time of building permit issuance. If you desire an estimate of the required impact fees according to current rates please contact the Department of Community Development and/or visit www.bozeman.net. 2. Upon future development, Cottonwood Road must be fully constructed from the intersection of West Oak Street to Baxter Lane and must include the associated intersections in accordance with the City’s Transportation Master Plan. 3. Upon future development, West Oak Street must be fully constructed from the intersection of Cottonwood Road to Laurel Parkway and must include the associated intersections in accordance with the City’s Transportation Master Plan. 4. Upon future development, Laurel Parkway must be fully constructed from the intersection of West Oak Street to Baxter Lane and must include the associated intersections in accordance with the City’s Transportation Master Plan. 5. Upon future development, Baxter Lane must be fully constructed from the intersection of Cottonwood Road to Laurel Parkway and must include the associated intersections in accordance with the City’s Transportation Master Plan. 6. BMC 38.410.130.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 135 Staff Report for the 2018 NW Corner of Cottonwood and Oak Annexation and Zone Map Amendment Page 13 of 31 acres. The applicant must provide water rights and/or payment of cash-in-lieu of water rights upon future development. The City is aware the property has existing water rights and will request the rights at the time the transfer is due. 7. Future development relies on a number of sanitary sewer infrastructure pieces defined in the City Wastewater Collection Facilities Plan including the proposed Davis Lane Lift Station, Norton East Ranch Outfall Interceptor/or an alternative solutions, the build out of the Aajker Creek Basin/and Gooch Hill Lift Station to be in place to serve the whole of the property. Development within the property will not be permitted until the subsequent infrastructure has been constructed to serve the portion of the property. 8. Upon future development the City water distribution must be looped through the property. The water system that meets the requirements of the City Design Standards and Specifications Policy and be consistent with the City of Bozeman Water Facility Plan. The property is located at the edge of two different water pressure zone. The applicant must construct pressure reducing valves to accommodate connection to the pressure zones upon future extension of water mains. 9. Upon future development, the applicant must construct an appropriate local street grid through the property that meets block length requirements defined in BMC 38.410.040. 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. 11. Upon future development, the applicant must construct a stormwater system consistent with the requirements of the City Design Standards and Specifications Policy. The northwest quadrant of Bozeman experiences high season groundwater elevations, prior to the approval for future development the season high must be identified. SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT Please note that these contingencies are necessary for the City to complete the process of the proposed amendment. These contingencies only apply in the event that the related annexation request has previously been approved. Recommended Contingencies of Approval: 1. The Ordinance for the Zone Map Amendment must not be approved until the Annexation Agreement is signed by the applicant and formally approved by the City Commission. If the Annexation Agreement is not approved, the Zone Map Amendment application is null and void. 136 Staff Report for the 2018 NW Corner of Cottonwood and Oak Annexation and Zone Map Amendment Page 14 of 31 2. All documents and exhibits necessary to establish an initial municipal zoning designation must be identified as the “2018 NW Corner of Cottonwood & Oak Zone Map Amendment”. 3. The applicant must submit a zone amendment map, titled “2018 NW Corner of Cottonwood & Oak Zone Map Amendment.” The map must be supplied on: 1) a mylar for City records (either 18" by 24" or 24” by 36” size); 2) a reduced 8 ½" x 11" or 8 ½” by 14" exhibit for filing with the Annexation Agreement at the County Clerk & Recorder; 3) an editable digital copy for the City Engineer’s Office; and 4) a PDF. This map must be acceptable to the City Engineer’s Office, and must be submitted within 60 days of the action to approve the zone map amendment. Said map shall contain a metes and bounds legal description of the perimeter of the subject property including adjacent rights-of-way or street easements, and total acreage of the property to be rezoned; unless the property to be rezoned can be entirely described by reference to existing platted properties or certificates of survey. SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS Annexation The Development Review Committee (DRC) met to discuss the proposed annexation on November 14, 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 January 28, 2019. 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 NW Corner of Cottonwood and Oak 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 #18-490. The Development Review Committee (DRC) considered the amendment on November 14, 2018. The DRC did not identify any infrastructure or regulatory constraints that would impede the approval of the application. However, annexation term #11 requires the applicant to provide addendums to changes to the City’s Infrastructure Master Plans and infrastructure models if determined necessary by the City’s Engineering Department, and advisory comment #7 acknowledges that future development relies 137 Staff Report for the 2018 NW Corner of Cottonwood and Oak Annexation and Zone Map Amendment Page 15 of 31 on a number of sanitary sewer infrastructure pieces defined in the City Wastewater Collection Facilities Plan. The Zoning Commission held a public hearing on this ZMA on January 15, 2019 and forwarded a unanimous recommendation of approval to the City Commission. The City Commission will hold a public meeting on the zone map amendment on January 28, 2019. The meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6 p.m. SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS In considering applications for approval of the requested annexation, the advisory boards and City Commission shall consider the following: Commission Resolution No. 4400 Criteria Commission Resolution No. 4400 Goals Goal 1: It shall be the goal of the City of Bozeman to encourage annexations of land contiguous to the City. Yes. The property in question is contiguous to the City limits on the eastern and southern boundaries. 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 adjacent to the City on two sides and adjacent to unincorporated lands on two sides. Goal 3: The City shall seek to annex all property currently contracting with the City for services such as water, sanitary sewer and/or fire protection. Neutral. The subject property is not currently contracting with the City for water, sewer, or fire protection services. Connection to municipal infrastructure for the property will be required and will be the responsibility of the owner at the time of development of the property, as required in term of annexation #9. 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 urban growth area of the Bozeman Growth Policy. 138 Staff Report for the 2018 NW Corner of Cottonwood and Oak Annexation and Zone Map Amendment Page 16 of 31 The City’s 2017 Water Facility Plan shows water service to the property with a 16” water main in Cottonwood Road between Oak Street and Baxter Lane. The Water Facility plan also identifies a 12” water main in Laurel Parkway, along the west boundary of this property, as part of the future water system network. The 2015 Wastewater Facility Plan plans for the provision of City wastewater service to the property. Currently the City is investigating its ability to provide full sewer service to the area due to capacity issues in the collection system between the project area and the wastewater treatment plant. The capacity of the wastewater treatment plant is adequate to treat wastewater generated by the project. The Norton Ranch East Outfall Diversion project is currently scheduled as a capital improvement in 2020 to increase the capacity of the collection system. The City is actively pursuing solutions to provide service to the area and funding is allocated to increase the capacity of the system. The Wastewater Facility Plan also identifies a future project, the Aajker Diversion, to extend the service area to the west as the city grows. Resolution No. 4400 Policies Policy 1: Annexations shall include dedication of all easements, rights-of-way for collector and arterial streets, water rights, and waivers of right-to-protest against the creation of improvement districts necessary to provide the essential services for future development of the City. Yes. The Recommended Terms of Annexation include requirements to dedicate all easements, rights-of-way for streets, water rights, and waivers of right-to-protest against the creation of improvement districts necessary to provide the essential services for future development of the City. Policy 2: Issues pertaining to master planning and zoning shall be addressed in conjunction with the application for annexation. a. The initial application for annexation shall be in conformance with the current Bozeman Growth Policy. If a Growth Policy Amendment is necessary to accommodate anticipated uses, said amendment process may be initiated by the applicant and conducted concurrently with the processing for annexation. Yes. The project is within Bozeman’s current growth boundary. The City Commission recently approved a change to the designation of the Future Land Use Map of the Bozeman Community Plan (growth policy) to Residential Emphasis Mixed Use (130.99 acres) and Community Commercial Mixed Use (29.51 acres). The proposed initial zoning of REMU “Residential Emphasis Mixed-Use” and B-2M “Community Business – Mixed” are in conformance with the intent of the Bozeman Community Plan future land use designation and the current development pattern of the area. 139 Staff Report for the 2018 NW Corner of Cottonwood and Oak Annexation and Zone Map Amendment Page 17 of 31 As Table C-16 from the growth policy shows (see Appendix C), the REMU and B-2M zoning districts are properly correlated with the Residential Emphasis Mixed Use and Community Commercial Mixed Use future land use designations. The REMU zoning implements the REMU growth policy designation by promoting compact walkable neighborhoods, vertical and horizontal mixed uses, creation and support of vibrant community centers, enhanced sense of place, promotion of sustainable communities and a diversity of housing options. The B-2M zoning implements the Community Commercial Mixed-Use land use designation by providing for high density development in close proximity to residential, including residential placement on upper floors above businesses, development in proximity to arterial corridors and significant streets and intersections, and emphasizing transit and non-automotive transportation connections. The proposed zoning also advances several stated objectives of the growth policy. Discussion of the Zone Map Amendment criteria are presented in Section 6 of this report. b. Initial zoning classifications of the property to be annexed shall be determined by the City Commission, in compliance with the Bozeman Growth Policy and upon a recommendation of the City Zoning Commission, prior to final annexation approval. Yes. The applicant has applied for a Zone Map Amendment, as the subject property is currently under the zoning jurisdiction of Gallatin County (Zoned AS, Agriculture Suburban). As a result, an application for a Zone Map Amendment is being processed concurrently with the annexation request to establish a new zoning designation under the City of Bozeman. The applicant has applied for a Zone Map Amendment #18-490 to establish an initial municipal zoning designation of REMU “Residential Emphasis Mixed Use” and B-2M “Community Business – Mixed.” c. The applicant may indicate his or her preferred zoning classification as part of the annexation application. Yes. The applican has indicated that they prefer a zoning designation of REMU “Residential Emphasis Mixed Use” and B-2M “Community Business – Mixed”. 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. 140 Staff Report for the 2018 NW Corner of Cottonwood and Oak Annexation and Zone Map Amendment Page 18 of 31 Policy 4: It shall be the general policy of the City that annexations will not be approved where unpaved county roads will be the most commonly used route to gain access to the property. Yes. The property proposed for annexation is accessed via Baxter Lane, a paved county road with a minor arterial designation. Note: The annexation and the placement of a zoning district designation on the property by the City does not guarantee available services. Section 38.300.020.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 38.410.130 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 38.410.130 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. Due to the size of the annexation, the actual payment is deferred until the time of future development. Determination of amount due and payment may occur in conjunction with individual phases of 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 anticipated to be available to the subject property. The site is located adjacent to developments that are currently served by Bozeman Fire. Recommended Terms of Annexation #9, #10, and #11 address the 141 Staff Report for the 2018 NW Corner of Cottonwood and Oak Annexation and Zone Map Amendment Page 19 of 31 details regarding provisions and note that the developer will be responsible for installing facilities required to provide full municipal services to the property in accordance with the City’s Infrastructure Master Plan, adopted Community Plan, and all city policies and guidelines that may be in effect at the time of development. Policy 7: It shall be the general policy of the City of Bozeman to require annexation of any contiguous property for which City services are requested or for which City services are currently being contracted. Yes. City services are not currently being provided to this property. Services are requested in support of future subdivision and site development of the property. Policy 8: The annexation application shall be accompanied by mapping to meet the requirements of the Director of Public Works. Yes. Mapping to meet the requirements of the Director of Public Works must be provided with the Annexation Agreement. Typically, this includes an 18-inch by 24-inch mylar map, a reduced 8½-inch by 11 or 14-inch annexation map exhibit, and a digital copy containing the metes and bounds legal description of said property. (Mapping requirements are addressed in Recommended Term of Annexation #2). A draft exhibit has been provided which appears suitable. 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. There are no buildings presently on the site which require public services. Policy 10: Public notice requirements shall be in compliance with Montana Code Annotated. In addition, notice shall be posted in at least one conspicuous location on the site in question, and mailed to all owners of real property of record within 200 feet of the site in question using the last declared county real estate tax records, not more than 45 days nor less than 15 days prior to the scheduled action to approve or deny the annexation by the City Commission, specifying the date, time and place the annexation will be considered by the City Commission. The notice shall contain the materials specified by Section 38.40.020.A&B.1, BMC. Yes. Notices of the public hearing have been sent and posted on the site as set forth under this policy. 142 Staff Report for the 2018 NW Corner of Cottonwood and Oak Annexation and Zone Map Amendment Page 20 of 31 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 #3. Policy 12: When possible, the use of Part 46 annexations is preferred. Yes. This annexation is being processed under Part 46 provisions. SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for plan approval under this title, the advisory boards and City Commission shall consider the following criteria (letters A-K). As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. The burden of proof that the application should be approved lies with the applicant. In considering the criteria the analysis must show that the amendment accomplishes criteria A-D. Criteria E-K must be considered and may be found to be affirmative, neutral, or negative. A favorable decision on the proposed application must find that the application meets all of criteria A-D and that the positive outcomes of the amendment outweigh negative outcomes for criteria E-K. Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Yes. The applicant recently proposed to designate the future land use map in the Bozeman Community Plan (growth policy) for the subject properties as “Residential Emphasis Mixed Use” and “Community Commercial Mixed Use”, which received City Commission approval on December 17, 2018 under application #18-450. This approval establishes a new commercial node in a currently under-served and rapidly growing section of Bozeman. The following discussion addressees the correlation between these new growth policy designations and the proposed zoning of REMU “Residential Emphasis Mixed-use District” and B-2M “Community Business District-Mixed.” REMU Zoning As Table C-16 from the growth policy shows (see Appendix C), the REMU zoning district is properly correlated with the Residential Emphasis Mixed Use future land use designation. The REMU zoning implements the Residential Emphasis Mixed Use growth policy designation by promoting compact walkable neighborhoods, vertical and horizontal mixed uses, creation and support of vibrant community centers, enhanced sense of place, promotion of sustainable communities and a diversity of housing 143 Staff Report for the 2018 NW Corner of Cottonwood and Oak Annexation and Zone Map Amendment Page 21 of 31 options. Additionally, the REMU zoning designation implements special standards in Section 38.330.020 BMC that addresses the following: • Special street and circulation including complete streets that accommodate and encourage pedestrians, bicycles, buses, automobiles, woonerfs, alleys and wintertime snow storage to create a “vibrant and connected public realm.” • Urban open space standards that encourage hardscaped plazas and more concentrated public and private open space opportunities. To accomplish the goals of the district there are also supplemental use provisions in Section 38.310.060 BMC that describe: • Developments are encouraged to include non-residential uses, especially neighborhood support services, mixed horizontally and/or vertically to promote walkable and sustainable neighborhoods for up to 30% of the total gross building square footage. • A Master Site Plan or PUD is required for any REMU district greater than 5 acres. B-2M Zoning Table C-16 also shows a correlation between the future land use designation of Community Commercial Mixed Use and the proposed B-2M zoning district. The growth policy’s description of the community commercial mixed use land use policy on page 3- 10 states “In the “center-based” land use pattern, Community Commercial Mixed Use areas are integrated with significant transportation corridors, including transit and non- automotive routes, to facilitate efficient travel opportunities. The density of development is expected to be higher than currently seen in most commercial areas in Bozeman and should include multi-story buildings… It is desirable to allow residences on upper floors, in appropriate circumstances. Urban streetscapes, plazas, outdoor seating, public art, and hardscaped open space and park amenities are anticipated, appropriately designed for an urban character. Placed in proximity to significant streets and intersections, an emphasis on vehicle, pedestrian, bicycle, and transit circulation shall be provided. High-density residential areas are expected in close proximity. Including residential units on sites within this category, typically on upper floors, will facilitate provision of services and opportunities to persons without requiring the use of an automobile.” Section 38.300.110 BMC describes the intent of the B-2M district and states, “The intent of the B-2M community business district-mixed is to function as a vibrant mixed-use district that accommodates substantial growth and enhances the character of the city. This district provides for a range of commercial uses that serve both the immediate area and the broader trade area and encourages the integration of multi-household residential as a secondary use. Design standards emphasizing pedestrian oriented design 144 Staff Report for the 2018 NW Corner of Cottonwood and Oak Annexation and Zone Map Amendment Page 22 of 31 are important elements of this district. Use of this zone is appropriate for arterial corridors, commercial nodes and/or areas served by transit.” As you can see, there are significant areas of correlation between the two descriptions, specifically: • High density development in close proximity to residential, including residential placement on upper floors above businesses, • Development in proximity to arterial corridors and significant streets and intersections, and • Emphasizing transit and non-automotive transportation connections. The subject property for the proposed B-2M zoning is located directly northwest of the intersection of Cottonwood and Oak, both classified as principal arterials and slated for 5-lane arterial design upgrades or extensions. As well as, directly southwest of the corner of Cottonwood and Baxter, currently a 3-lane minor arterial. In addition to principal transportation corridors, there are significant community resources located in close proximity. Across Cottonwood, directly to the east, is the Bozeman Sports Park, a sports complex that at its full buildout will house over 14 soccer fields, a splash pad, a play space, walking trails, a 2-acre dog park, and parking for over 600 vehicles. Directly southeast is the new Bozeman High School that will eventually serve approximately 1,500 students and have over 100 faculty & staff members, outdoor fields and courts, a 2,500-seat competition gym and a 750-seat auditorium. Goals and Objectives of the Growth Policy Finally, the proposed zone map amendment advances multiple objectives of the growth policy: Community Quality Objective 3.2: “Provide for neighborhood focal points to encourage local identity within the community and provide a place for social interaction” Public Services and Facilities Objective 2.1: “Ensure that the area around educational institutions has adequate residential parking, facilities, bike paths, safe cross walks, and zoning to ensure quality of life for school users and city residents.” Housing Objective 1.1: “Encourage and support the creation of a broad range of housing types in proximity to services and transportation options.” Housing Objective 1.3: “Promote the provision of a wide variety of housing types in a range of costs to meet the diverse residential needs of Bozeman residents.” 145 Staff Report for the 2018 NW Corner of Cottonwood and Oak Annexation and Zone Map Amendment Page 23 of 31 Housing Objective 3.3: “Promote the development of a wide variety of housing types, designs, and costs to meet the wide range of residential needs of Bozeman residents.” Environmental Quality and Critical Lands Objective 4.2: “Promulgate efficient land use practices.” No conflicts with the growth policy have been identified. B. Secure safety from fire and other dangers. Yes. The subject property is located adjacent to the jurisdiction of the City of Bozeman Fire and Police Departments. Additionally, the subject site is located less than 1.5 miles from Bozeman Fire Station No 3. If developed, the property will be required to conform to the City of Bozeman standards and regulations in terms of fire, safety, and other emergency services standards. C. Promote public health, public safety, and general welfare. Yes. The proposed zoning designation will promote general welfare by allowing flexibility and higher densities to meet the needs of the growing community. The City has adopted extensive design standards to ensure that a more intensive form of development is compatible with other adjacent uses. These zoning designations create the opportunity for a broad range of commercial uses to serve both the surrounding neighborhood and the City as a whole. The majority of the parcel being designated as REMU is intended to be primarily residential and will be compatible with the surrounding land uses and will provide the foundation for a walkable community. A B- 2M designation in the SE portion of the parcel will further strengthen and encourage pedestrian use by placing residents closer to businesses and institutions and vice-versa. The REMU zoning designation will provide the opportunity for residential opportunities in close proximity to existing services such as Bozeman Sports Park, new high school, and future employment, offices, shopping and services in the B-2M district. 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 relating to transportation, water, sewer, schools, parks, and other public needs. The project site is within the City’s sewer, storm water and water facility plan boundaries and the Capital Improvements Plan (CIP) 2019-2023 identifies the following improvements to be completed: • Oak/Cottonwood Intersection (fiscal year 2020) • Cottonwood Road between Oak Street and Baxter Lane (fiscal year 2023) 146 Staff Report for the 2018 NW Corner of Cottonwood and Oak Annexation and Zone Map Amendment Page 24 of 31 • Baxter/Cottonwood Intersection (fiscal year 2023). The terms of annexation require the applicant to connect to municipal services and install any facilities required to provide full municipal services to the property. The property is located in the drainage basin for the Baxter Meadows lift station, which is at capacity. Any future development would not be allowed to exceed capacity of the Baxter Meadows lift station until the Davis Lane Lift Station and Norton East Ranch Outfall Diversion are constructed and can provide additional sewer capacity in the Baxter Creek drainage basin. Any future site development proposals will be required to demonstrate the adequate provision of public services, parkland development, natural resource protection, and other required improvements. Term of annexation #12 requires the applicant to review and update, through addendums, the City’s Infrastructure Master Plans as determined to be necessary by the City’s Engineering Department prior to development. Proposed development would be serviced by the existing school system and new high school, and the residential density allowed within the REMU district is not anticipated to overburden the school district. The new Bozeman Sports Park is near the subject property which will help serve the recreational needs of future residents. Any proposed development would be required to meet emergency access requirements during site plan review. E. Reasonable provision of adequate light and air. Yes. The REMU and B-2M zoning designations require any future development to conform to the City’s form and intensity standards in terms of setbacks, height, and lot coverage and floor area ratio. REMU and B-2M focus on pedestrian use, access, and connectivity that will further protect the provision of adequate light and air between existing residential neighborhoods to the south. All future site plans and development will require compliance with the City’s standards to assure the provision of adequate light and air. F. The effect on motorized and non-motorized transportation systems. Neutral. The proposed REMU and B-2M zoning designations will have a neutral effect on the City’s transportation systems, as any proposed development would require an analysis of future traffic impacts and any necessary mitigation would be required prior to approval. Future development on the subject property is anticipated to increase traffic; however, compliance with applicable engineering standards will be required upon subdivision and site plan review. Additionally, the proposed zone changes provide a focus on pedestrian and multi-modal transportation in the neighborhood commercial node, and bicycle infrastructure in the residential district, which should help mitigate traffic impacts and increase capacity. 147 Staff Report for the 2018 NW Corner of Cottonwood and Oak Annexation and Zone Map Amendment Page 25 of 31 As discussed above, in criteria D, the CIP has significant projects scheduled in the area, however that is not a guarantee of improvements as the CIP is reviewed every year and changes may be made to the funding schedule by the review authority. Advisory comments 2-5 discuss the requirement that upon development Cottonwood Road, Oak Street, Laurel Parkway and Baxter Lane must be fully constructed with their associated intersections per the City’s Transportation Master Plan. G. Promotion of compatible urban growth. Yes. The proposed REMU and B-2M zoning designations promote compatible urban growth as it is in accordance with the recently approved amendment to the future land use designations in the Bozeman Community Plan. The adjacent properties that are zoned R-4, R-O, and R-2 are compatible adjacent land uses to the primarily residential REMU zone. The proposed zoning will allow a mix of residential and commercial uses to support the surrounding neighborhood needs and encourage economic development. The master plan or PUD review requirements for REMU zoning will help ensure that the PROST Plan trails and shared use paths through and adjacent to this property are continued, and natural resources are protected and are able to be enjoyed by the larger community. Compatible development is defined in Section 38.700.040 as “The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the city’s adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use.” Compatible land use is defined in Section 38.700.040 as “A land use which may by virtue of the characteristics of its discernible outward effects exist in harmony with an adjoining land use of differing character. Effects often measured to determine compatibility include, but are not limited to noise, odor, light and the presence of physical hazards such as combustible or explosive materials.” H. Character of the district. Yes. The proposed REMU and B-2M zoning designations promote the character of the district as the allowed uses are compatible with the land use of surrounding residential development to the south and the parkland to the east. Arterial and collector roads will separate this property from adjacent lands. This will provide a physical separation 148 Staff Report for the 2018 NW Corner of Cottonwood and Oak Annexation and Zone Map Amendment Page 26 of 31 between uses that will materially lessen any possible conflicts. Any adjacency conflicts between the subject property and the county agricultural property to the north and west would be reviewed during site plan review. The proposed B-2M zoning allows for the establishment of a commercial service area that replaces a commercial node that was displaced by the new high school development. REMU and B-2M zoning will provide options for a variety of housing and flexibility that will allow for contextually sensitive development strategies. I. Peculiar suitability for particular uses. Yes. The new zoning will address the affected area’s peculiar suitability for uses as any new development will have to meet applicable standards per the City’s development standards and regulations. Any proposed development would need to comply with the zoning ordinance requirements of the REMU and B-2M zones. While the current use is agricultural, the property is adjacent to developed, residential areas of varying densities and public land uses. The proposed zoning would allow a commercial node that would complement adjacent uses, promote a cohesive neighborhood pattern that will connect adjacent roadways and corridors, and extend existing infrastructure. J. Conserving the value of buildings. Neutral. The large property includes one residential structure and several outbuildings on site. The applicant has indicated that the structures are uninhabitable and are to be demolished, while some may be salvaged or repurposed. The proposed zoning and annexation may lead to additional residential and commercial development in the future, which may affect adjacent residential and agricultural land uses negatively by altering views and creating more thru-traffic, or it may impact it positively by increasing housing options, adding nearby services and enhancing the neighborhood character which could increase nearby property values. The amended zoning does not create any non-conforming structures or other regulation conflicts that damage building value. Any future development on the property will be subject to standards in the REMU and B-2M districts which will ensure the conservation of adjacent building values. K. Encourage the most appropriate use of land throughout the jurisdictional area. Yes. The proposed REMU and B-2M zoning will encourage the most appropriate use of land by adhering to the recently approved Community Plan, which designates the future land uses of the properties as Residential Emphasis Mixed Use and Community Commercial Mixed Use. This change allows a diverse residential and mixed-use density pattern that is appropriate for the area. 149 Staff Report for the 2018 NW Corner of Cottonwood and Oak Annexation and Zone Map Amendment Page 27 of 31 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, Bryan Klein, seeks to annex 160.51 acres into the City limits and establish initial zoning of REMU “Residential Emphasis Mixed-Use” for 130.99 acres and B-2M “Community Business – Mixed” for the remaining 29.51 acres. The property is currently zoned AS, “Agriculture – Suburban” within the county. The applicant proposed a change to the future land use map in the Bozeman Community Plan from Residential and Present Rural to Residential Emphasis Mixed Use and Community Commercial Mixed Use, which received unanimous City Commission approval during the December 17, 2018 public hearing. The property is surrounded by the city limits on two of four sides and the applicant intends to connect to and extend city services upon development, pending annexation approval. The site is adjacent to the new Bozeman Sports Park to the east, the new High School to the southeast, recently developed and existing residential neighborhoods to the south, and agricultural to the west and north. Baxter Creek runs north-south on the western portion of the site, with NRCS and GLWQD delineated wetlands on the west and central portions of the 150 Staff Report for the 2018 NW Corner of Cottonwood and Oak Annexation and Zone Map Amendment Page 28 of 31 site. The current use is agricultural and residential, with a single-family residence, with several associated barn, shed, and outbuildings. The subject property is surrounded by land zoned PLI, Public Lands/Institutions to the east, and land zoned residentially as R-O, R-4, and R-2 to the south. To the north and west, the land is county zoned AS, Agriculture Suburban. The proposed REMU and B-2M development is compatible with the surrounding neighborhood character. Overall, the proposed zoning and annexation meets the intent of the City’s community plan, zoning ordinance, and future urban growth criteria. APPENDIX B - NOTICING AND PUBLIC COMMENT Notice was sent via US First Class mail on Friday, December 28, 2018 to all owners of property located inside the proposed change and within 200 feet of the perimeter of the change. The project site was posted on Sunday, December 30, 2018. Notice was published in the Legal Ads section of the Bozeman Daily Chronicle on Sunday, December 30, 2018 and January 6, 2019. The Zoning Commission public hearing was on January 15, 2019 and the City Commission public hearing is scheduled for January 28, 2019. As of January 8, 2019, no public comment has been received. APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING Adopted Growth Policy Designation: The property recently received City Commission approval for land use designations of “Residential Emphasis Mixed Use” and “Community Commercial Mixed Use” in the Bozeman Community Plan. According to the plan, the Residential Emphasis Mixed Use category “promotes neighborhoods with supporting services that are substantially dominated by housing. A diversity of residential housing types should be built on the majority of any area within this category. Housing choice for a variety of households is desired and can include attached and small detached single-household dwellings, apartments, and live-work units. Residences should be included on the upper floors of buildings with ground floor commercial uses. Variation in building massing, height, and other design characteristics should contribute to a complete and interesting streetscape and may be larger than in the Residential category. Secondary supporting uses, such as retail, offices, and civic uses, are permitted at the ground floor. All uses should complement existing and planned residential uses. Non- residential uses are expected to be pedestrian oriented and emphasize the human scale with modulation as needed in larger structures. Stand alone, large, non-residential uses are 151 Staff Report for the 2018 NW Corner of Cottonwood and Oak Annexation and Zone Map Amendment Page 29 of 31 discouraged. Non-residential spaces should provide an interesting pedestrian experience with quality urban design for buildings, sites, and open spaces. This category is implemented at different scales. The details of implementing standards will vary with the scale. The category is appropriate near commercial centers and larger areas should have access on collector and arterial streets. Multi-household higher density urban development is expected. Any development within this category should have a well integrated transportation and open space network which encourages pedestrian activity and provides ready access within and to adjacent development.” The Community Commercial Mixed Use description in the Bozeman Community Plan states “Activities within this land use category are the basic employment and services necessary for a vibrant community. Establishments located within these categories draw from the community as a whole for their employee and customer base and are sized accordingly. A broad range of functions including retail, education, professional and personal services, offices, residences, and general service activities typify this designation. In the “center- based” land use pattern, Community Commercial Mixed Use areas are integrated with significant transportation corridors, including transit and non-automotive routes, to facilitate efficient travel opportunities. The density of development is expected to be higher than currently seen in most commercial areas in Bozeman and should include multi-story buildings. A Floor Area Ratio in excess of .5 is desired. It is desirable to allow residences on upper floors, in appropriate circumstances. Urban streetscapes, plazas, outdoor seating, public art, and hardscaped open space and park amenities are anticipated, appropriately designed for an urban character. Placed in proximity to significant streets and intersections, an equal emphasis on vehicle, pedestrian, bicycle, and transit circulation shall be provided. High density residential areas are expected in close proximity. Including residential units on sites within this category, typically on upper floors, will facilitate the provision of services and opportunities to persons without requiring the use of an automobile. The Community Commercial Mixed Use category is distributed at two different scales to serve different purposes. Large Community Commercial Mixed Use areas are significant in size and are activity centers for an area of several square miles surrounding them. These are intended to service the larger community as well as adjacent neighborhoods and are typically distributed on a one mile radius. Smaller Community Commercial areas are usually in the 10-15 acre size range and are intended to provide primarily local service to an area of approximately one-half mile radius. These commercial centers support and help give identity to individual neighborhoods by providing a visible and distinctive focal point. They should typically be located on one or two quadrants of intersections of arterials and/or collectors. Although a broad range of uses may be appropriate in both types of locations the size and scale is to be smaller within the local service placements. 152 Staff Report for the 2018 NW Corner of Cottonwood and Oak Annexation and Zone Map Amendment Page 30 of 31 Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single land use. Higher intensity employment and residential uses are encouraged in the core of the area or adjacent to significant streets and intersections. As needed, building height transitions should be provided to be compatible with adjacent development. As Table C-16 from the Bozeman Community Plan shows, the proposed zoning of REMU and B-2M are implementing districts for the future land use designation of “Residential Emphasis Mixed Use” and “Community Commercial Mixed-Use.” Proposed Zoning Designation and Land Uses: The applicant has requested zoning of “REMU” (Residential Emphasis Mixed Use) and “B- 2M” (Community Business District – Mixed) in association with the annexation of the 153 Staff Report for the 2018 NW Corner of Cottonwood and Oak Annexation and Zone Map Amendment Page 31 of 31 property. The intent of the REMU District is to “establish areas within Bozeman that are mixed-use in character and to provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood. Use of this zone is appropriate for sites at least five acres in size and areas located adjacent to an existing or planned residential area to help sustain commercial uses within walking distance and a wider range of housing types.” The intent of the B-2M district is to “function as a vibrant mixed-use district that accommodates substantial growth and enhances the character of the city. This district provides for a range of commercial uses that serve both the immediate area and the broader trade area and encourages the integration of multi-household residential as a secondary use. Design standards emphasizing pedestrian-oriented design are important elements of this district. Use of this zone is appropriate for arterial corridors, commercial nodes and/or areas served by transit.” Section 38.310.040 BMC establishes the uses that are allowed in the REMU and B-2M 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 "-." APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF Owners: Baxter Ranch Holding LTD and Estate of Vesta F. Anderson, PO Box 3253, Billings, MT 59103 Applicant: Bryan Klein, PO Box 11890, Bozeman, MT 59719 Representative: Kilday & Stratton, 2880 Technology Blvd W, Bozeman, MT 59718 Report By: Danielle Garber, Community Development Assistant Planner 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. NW Corner of Cottonwood and Oak Annexation and ZMA Application Documents NW Corner of Cottonwood and Oak Annexation and ZMA Application Drawings 154 A1 DEVELOPMENT REVIEW APPLICATION PROJECT IMAGE PROJECT INFORMATION Project name: Project type(s): Description: Street address: Zip code: Zoning: Gross lot area: Block frontage: Number of buildings: Type and Number of dwellings: Non-residential building size(s): (in stories) Non-residential building height(s): Number of parking spaces: Afordable housing (Y/N): Cash in lieu of parkland (Y/N): VICINITY MAP CITY USE ONLY Submittal date: Application fle number: Planner: DRC required (Y/N): Revision Date: Development Review Application A1 Page 1 of 3 Revision Date: 5.16.18 REQUIRED FORMS: Varies by project type, PLS 155 DEVELOPMENT REVIEW APPLICATION 1. PROPERTY OWNER Name: Full address (with zip code): Phone: Email: 2. APPLICANT Name: Full address (with zip code): Phone: Email: 3. REPRESENTATIVE Name: Full address (with zip code): Phone: Email: 4. SPECIAL DISTRICTS Overlay District: Neighborhood Conservation None Urban Renewal District: Downtown North 7th Avenue Northeast North Park None 5. CERTIFICATIONS AND SIGNATURES This application must be signed by both the applicant(s) and the property owner(s) (if diferent) 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 is true and correct to the best of my (our) knowledge. Certifcation 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 fnal plan may result in delays of occupancy or costs to correct noncompliance. continued on next page Development Review Application A1 Page 2 of 3 Revision Date: 5.16.18 REQUIRED FORMS: Varies by project type, PLS 156 X 157 DEVELOPMENT REVIEW APPLICATION Applicant Signature: Printed Name: B~ n~ n 7 / 7 Owner Si~ ~ c. Printed Name: M~ hael B:....Anderso_.n, att ___ _ Owner Signature:_ Printed Name: If signing as a corporation or LLC, please provide the title and position of the individual signing on behalf of the corporation/LLC. Attach separate sheets for additional owner signatures. 6. APPLICATION TYPES Check all that apply, use noted forms. FORM • 1. Pre-application Consultation None • 2. Master Site Plan MSP • 3 . Site Plan SP • 4 . Subdivision pre-appl ication PA • 5. Subdivision preliminary plan pp • 6. Subdivision final plan FP • 7 . Subdivision exemption SE D 8 . Condominium Review CR • 9 . PUD concept plan PUDC • 10. PUD preliminary plan PUDP • 11. PUD final plan PUDFP • 12. Annexation and Initial Zoning ANNX • 13. Administrative Interpretation Appeal AIA • 14. Administrative Project Decision Appeal APA • 15. Commercial Non-residentia l COA CCOA • 16. Historic Neighborhood NCOA Conservation Overlay COA CONTACT US Alfred M. St iff Professional Building 20 East O live Street 59715 (FED EX and UPS O nly) PO Box 1230 Bozeman, MT 59771 Development Review Appl ication Al Page 3 of 3 017. • 18. • 19. • 20. • 21. • 22. • • 23. 24. D 25. ~ 26. • 27. • 28. D 29. • 30. • 31. REQUIRED FORMS: Varies by project type, PLS FORM Informal Review INF Zoning Deviation/Departure None Zoning or Subdivision Variance Z/SVAR Conditional Use Permit CUP Special Temporary Use Permit STUP Special Use Permit SUP Regulated Activities in Wetlands WR ANNX Zone Map Amendment Required Materials ZMA Page 1 of 3 Revision Date 1-02-18 Required Forms: A1, N1 Recommended Forms: Required Forms: ANNEXATION AND INITIAL ZONE MAP AMENDMENT REQUIRED MATERIALS APPLICATION SETS 3 total sets are required that include 1 copy of every item below bound or folded into 8½ x 11 or 8½ x 14 sets. This application is only for a proposed annexation with an initial zone map amendment. If an independent zone map amendment without annexation is proposed see form ZMA. Complete and signed development review application form A1. Plan sets that include all items required in the annexation and initial zoning checklist below. Standard application sets required plan sizes: 2 sets that include full size 24 x 36 inch plans 1 set that include 11 x 17 inch plans 2 digital versions of all materials (JPEG or PDF) on separate CD-ROMs or USB drives. Individual files must be provided at 5MB or less in size. Files shall be named according to naming protocol. Notes: All plans must be drawn to scale on paper not smaller than 8½ x 11 inches or larger than 24 x 36 inches. The name of the project must be shown on the cover sheet of the plans. If 3-ring binders will be used, they must include a table of contents and tabbed dividers between sections. Plans that are rolled or not bound into sets will not be accepted. NOTICING MATERIALS Completed and signed property adjoiners certificate form N1 and materials. APPLICATION FEE Base fee: $1,629 ANNEXATION CHECKLIST 1. The following questions pertain to the goals adopted by the City Commission in Commission Resolution No. 3907. Yes No a. Is the property contiguous to the City of Bozeman? b. Is the property wholly surrounded by the City of Bozeman? c. Is the property currently contracting with the City for municipal services such as water, sanitary sewer and or fire protection? a. If so, which City services are currently being contracted for? d. Does the property lie with the service boundary of the existing sewer system as depicted in the City’s growth policy? 2. The following questions pertain to the policies adopted by the City Commission in Commission Resolution No. 3907. Yes No a. Is/Are the property owner(s) willing to dedicate needed easements and/or right-of- way for collector and arterial streets? b. Is/Are the property owners(s) willing to sign waivers of right to protest the creation of future Special Improvement Districts to provide the essential services for future development of the City? c. Is/Are the property owner(s) willing to transfer usable water rights, or an appropriate fee in-lieu thereof, to serve the expected population of the land when fully developed? 159 Zone Map Amendment Required Materials ZMA Page 2 of 3 Revision Date 1-02-18 Required Forms: A1, N1 Recommended Forms: Presentation of submitted plans and specifications d. Does the desired future development of the subject property conform to the City’s growth policy? If not, a growth policy amendment will be necessary to accommodate the anticipated uses, which may be initiated by the applicant and reviewed concurrently with this application. a. If a growth policy amendment is necessary, is it included with this application? e. The property will need to be rezoned with an initial urban zoning designation. The zone map amendment will be reviewed concurrently with this application. Is a zoning map amendment application included with this application? f. Do unpaved county roads comprise the most commonly used route to gain access to the property? g. If it is found that adequate services cannot be provided to ensure public health, safety and welfare, has the property owners(s) provided a written plan for the accommodation of these services? h. Does the property owner acknowledge that the City of Bozeman assesses a system development/impact fee and agrees to pay any applicable development/impact fees in accordance with Chapter 3.24 of the Bozeman Municipal Code? 3. If the property is currently in agricultural use please identify current crops/conditions. 4. Number of residential units existing on the property? 5. Number and type of commercial structures on the property? 6. Estimate of existing population of the property? 7. Assessed value of the property? 8. Existing on site facilities and utilities (gas, power, telephone, cable, septic systems, wells, etc.) 9. Any additional information that will be helpful in the City’s review of the application. ANNEXATION MAP REQUIREMENTS 10. Scale not greater than 1 inch to 20 feet nor less than 1 inch to 100 feet 11. Scale, north point arrow and date of preparation 12. Subject property well defined 13. Land use pattern of surrounding area 14. Existing zoning of surrounding property 15. Boundaries of proposed zoning (if more than one designation being requested) well defined 16. Proximity of all existing and proposed water and sewer mains and extensions 17. Location of all structures on the subject property 18. Adjacent streets and street rights-of-way 19. Existing on-site streets and street rights-of-way 20. Water bodies and wetlands ZONE MAP AMENDMENT REQUIREMENTS 1. A thorough project narrative including a detailed response to the following for the zone map amendment: a. Is the new zoning designed in accordance with the growth policy? How? b. Will the new zoning secure safety from fire and other dangers? How? c. Will the new zoning promote public health, public safety and general welfare? How? d. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? How? e. Will the new zoning provide reasonable provision of adequate light and air? How? f. Will the new zoning have an effect on motorize and non-motorized transportation systems? How? g. Does the new zoning promote compatible urban growth? How? h. Does the new zoning promote the character of the district? How? GPMA application 18-450 submitted October 2, 2018 X See attached narrative 160 i. Does the new zoning address the affected area's peculiar ·suitability for particular uses? How? j. Was the new zoning adopted with a view to conserving the values of buildings? How? k. Does the new zoning encourage the most appropriate use of land throughout the jurisdictional area? 2. Provide an exhibit of the property to be modified. Provide existing County zoning designations and the proposed zoning designation clearly labeled. The exhibit should include the I egal limits of the property and size in square feet and acreage. If adjacent to a right of way the zoning should extend to the centerline of the right of way. Property Owner's Signature(s) State of /Y'J:0 4-:rkJc ft County of /I' flott,If"'t0,lf!' c On this ----'-/ -2 "-"'--rt---.. ---day of ~r-i>ht: , 20 1....r, before me, a Notary Public of the State of .L!::'Jt0 &,,- , known to me to be the person(s) whose name(s) is(are) subscribed to the above instrument and acknowledge to me that he/she/they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. ~ ~ -~- --=> -~~ CONTACT US Alfred M. Stiff Professional Building 20 East Olive Street 59715 (FED EX and UPS Only) PO Box 1230 Bozeman, MT 59771 Zone Map Amendment Required Materials ZMA Page 3 of 3 WILLIAM M. GILBERT NOTARY PUBLIC for the State of Montana Residing at Billings, Montana My Commission Expires July 06, 2022 phone 406-582-2260 fax 406-582-2263 planning@bozeman.net www.bozeman.net Revision Date 1-02-18 Required Forms: Al, Nl Recommended Forms: Presentation of submitted plans and specifications 161 162 163 164 NW CORNER OF COTTONWOOD & OAK Annexation & Zone Map Amendment Application 23 October 2018 165 NW C�� C�� O��: Annexation & Zone Map Amendment 2 Table of Contents I. Annexation & Zone Map Amendment Application Forms & Checklists A1, ANNX/ZMA, N1 II. Project Team III. Narrative A. Project Overview B. Response to Annexation Goals & Policies C. Response to Zone Map Amendment Criteria IV. Appendices Appendix A: Legal description V. Exhibits Exhibit A: Project Vicinity Map Exhibit B: Proposed Future Land Use Designation Exhibit C: Proposed Zoning Exhibit D: Annexation Map Exhibit E: Zone Map Amendment Exhibit 166 NW C�� C�� O��: Annexation & Zone Map Amendment 3 II. Project Team APPLICANT Bryan Klein PO Box 11890 Bozeman, MT 59719 p: 406.581.3812 PROJECT TEAM Representative Greg Stratton Kilday & Stratton 2880 Technology Blvd W Bozeman, MT 59718 P: 406.577.2028 Planning Intrinsik Architecture, inc. 111 N. Tracy Avenue, Bozeman, MT 59715 p: 406.582.8988 Engineering Morrison Maierle 2880 Technology Blvd W, Bozeman, MT 59718 p: 406.587.0721 167 NW C�� C�� O��: Annexation & Zone Map Amendment 4 III. Narrative A. Project Overview This is a request to annex and establish initial zoning for 160.507 acres of land generally located at the northwest corner of West Oak Street and Cottonwood Road. The subject property is currently zoned AS (Agriculture-Suburban), and lies within the Gallatin County “donut” area surrounding Bozeman (Exhibit A). A Growth Policy Map Amendment (GPMA) application for this site was submitted on October 2, 2018 (# 18-450). At that time the Future Land Use Designation for the site is a combination of Residential, approximately 22.94 acres, and the remainder, approximately 137.567 acres, is designated as Present Rural. The GPMA application proposes to amend the growth policy future land use designation for the property to 130.994 acres of Residential Emphasis Mixed Use (REMU) and 29.513 acres of Community Commercial Mixed Use (CCMU), please see attached Exhibit B. This Annexation and Initial Zone Map Amendment (ZMA) application requests to annex the entire 160.507 acres into the City of Bozeman and initiate a zone map amendment. Two zoning designations are requested, REMU (Residential Emphasis Mixed) and B-2M (Community Business Mixed), please see Exhibit C. The ZMA proposes to allocate the 130.994 acres of REMU and 29.513 acres of Community Commercial Mixed Use identified in the GPMA to REMU and B-2M zoning designations respectively. 168 NW C�� C�� O��: Annexation & Zone Map Amendment 5 B. Annexation Narrative The applicant understands that project sites pursuing approval of annexation are subject to the goals and policies established by Commission Resolution No. 4400. These items are included and briefly addressed on the Annexation (ANNX) checklist form. Further detail with regard to these goals and policies is outlined below. See Exhibits D and E for the Annexation Map and Zone Map Amendment Exhibits respectively. Annexation Goals 1. It shall be the goal of the City of Bozeman to encourage annexations of land contiguous to the City. The subject parcel (160.507 acres) is located at the NW Corner of N Cottonwood Road and Oak Street. The property is contiguous to Bozeman City Limits along its eastern and southern boundaries. 2. The City shall seek to annex all areas that are totally surrounded by the city, without regard for parcel size. The parcel is not wholly surrounded by the City. The property is surrounded by residential properties of varying densities to the south and northeast, the Bozeman Sports Park to the east, the new High School to the southeast, and agricultural lands to the north and west. 3. The City shall seek to annex all property currently contracting with the City for services such as water, sanitary sewer, and/or fire protection. The property site currently does not contract with the City for water, sanitary sewer and/or fire services. 169 NW C�� C�� O��: Annexation & Zone Map Amendment 6 4. It shall be the goal of the City of Bozeman to require annexation of all land proposed for development lying within the service boundary of the existing sewer system as depicted in the Bozeman growth Policy, and to encourage annexations within the urban growth area identified in the Bozeman growth policy: The property is located within the urban growth area of the Bozeman Growth Policy. The current Water Facility Plan, approved in 2017, plans for the provision of City water service to the property. A 16” water main is currently scheduled as a 2017 capital improvement to be installed in Cottonwood Road between Oak Street and Baxter Lane. The Water Facility Plan also identifies the West Transmission Main to provide water service to this property and extend service to the west and northwest as the city grows into those areas. This transmission main will extend west in Baxter Lane along the north boundary of the property. The Water Facility plan also identifies a 12” water main in Laurel Parkway, along the west boundary of this property, as part of the future water system network. Water facilities are existing in Oak Street along the south boundary of the project. Water service is readily available to this area and provisions to expand the existing water service boundary to serve this project are in place. The current Wastewater Facility Plan, approved in 2015, plans for the provision of City wastewater service to the property. Currently the City is investigating its ability to provide full sewer service to the area due to capacity issues in the collection system between the project area and the wastewater treatment plant. The capacity of the wastewater 170 NW C�� C�� O��: Annexation & Zone Map Amendment 7 treatment plant is adequate to treat wastewater generated by the project. The Norton Ranch East Outfall Diversion project, currently scheduled as a capital improvement in 2020, to increase the capacity of the collection system is on hold due to right-of-way issues. City Engineers are currently investigating alternate improvements to upgrade the Baxter Meadows Lift Station, including the sewer lines into and out of that facility and flow monitoring, to increase collection system capacity to serve this area. The results of this investigation will be available later this year. It is safe to assume that the City is actively pursuing solutions to provide service to the area and that funding is allocated to increase the capacity of the system. The Wastewater Facility Plan also identifies a future project, the Aajker Diversion, to extend the service area to the west as the city grows. It is clear that provisions to expand the existing wastewater service boundary to include this area are being investigated for improvement in the near future. The current Capital Improvements Plan 2019-2023 identifies the following improvements to be completed and the year in which they are scheduled: • Oak/Cottonwood Intersection (SIF 098; $2,192,000) in fiscal year 2020 • Cottonwood Road between Oak Street and Baxter Lane (SIF 138; $1,000,000) in fiscal year 2023 • Baxter/Cottonwood Intersection (SIF 086; $500,000)in fiscal year 2023. The south half of Oak Street to the west of Cottonwood already exists 171 NW C�� C�� O��: Annexation & Zone Map Amendment 8 along the south boundary of the property and Baxter Lane exists to a county road standard along the north boundary of the property. The Transportation Master Plan identifies Oak Street and Cottonwood Road and Principal Arterials, Baxter Lane as a Minor Arterial, and Laurel Parkway as a collector indicating that all of these roadways play a significant role as the City grows to the west. Cottonwood Road will eventually provide access to the new sports complex currently being constructed along the east boundary providing a prime opportunity for growth in this area. The existing road network and provisions to expand the transportation facilities to serve this project are in place. The facility planning in place and capital improvements already scheduled for this area provide a pathway for growth in this area. City services are either readily available for extension to the property or planned in the near future. The Bozeman City Plan is being updated and will most likely identify this area for urban growth. As recommended in the existing Bozeman City Plan the applicant to change in designation by amendment to the growth policy to allow annexation and zoning. Annexation Policies 1. Annexations shall include dedication of all easements, rights-of- way for collector and arterial streets, water rights and waivers of right to protest. The applicant understands the requirements of annexation and the adopted policies associated with annexation. The applicant/owner is willing to dedicate needed easements and rights of way, sign waivers of protest for future SIDs, and transfer usable water rights as the property is developed. 172 NW C�� C�� O��: Annexation & Zone Map Amendment 9 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. b. Initial zoning classification of the property to be annexed shall be determined by the City Commission, in compliance with the Bozeman Growth Policy and upon recommendation of the City Zoning Commission, prior to final annexation. c. The applicant may indicate his or her preferred zoning classification as part of the annexation application. As mentioned previously, a growth policy amendment for the project site has already been initiated (#18-450) to amend the future land use designations for the project site. This annexation includes a request for initial zoning to be REMU and B-2M. The responses to the ZMA criteria are addressed in the next section. 3. Fees for annexation procedures shall be established by the City Commission. No fee will be charged for any City-initiated annexation. The applicant understands there is a fee associated with the annexation and zoning of this parcel. 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 access the property. Currently, the project site is accessed via Baxter Lane, a paved county road with a future minor arterial designation. 173 NW C�� C�� O��: Annexation & Zone Map Amendment 10 5. Prior to annexation of property, it shall be the policy of the City to acquire adequate and usable water rights, or an appropriate fee in lieu thereof, in accordance with 38.410.130 of the municipal code. The applicant agrees to provide water rights as the project develops. 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 the public health, safety and welfare, it shall be the general policy of the City to require the applicant to provide a written plan for accommodation of these services, or not approve the annexation. Additionally, annexation proposals that would use up infrastructure capacity already reserved for properties lying either with undeveloped portions of the city limits or lying outside the City limits but within identified sewer or water sewer area boundaries, shall generally not be approved. The applicant is not providing a written plan for accommodations for city services as the site is adjacent to developments currently served by city services and Bozeman Fire. Additionally, as addressed previously, the site is within the municipal services boundary and plans are in place to extend services to the project site. 7. It shall be the general policy of the City to require annexation of any contiguous property for which city services are requested or for which city services are currently being contracted. Currently the site does not contract for services, but the site is adjacent to developments currently served by City services and Bozeman fire. Future site development will require use of City services. 174 NW C�� C�� O��: Annexation & Zone Map Amendment 11 8. The annexation application shall be accompanied by mapping to meet the requirements of the Director of Public Service. This application includes several exhibits outlining the vicinity of the project site, existing zoning, proposed zoning, an Annexation Map and a Zone Map Amendment exhibit. 9. It shall be the policy of the City of Bozeman to assess a system development/impact fee in accordance with Chapter 2, Art. 6, Division 9, Bozeman Municipal Code, and accordance with the Bozeman Growth Policy and other policies as they are developed. The applicant is aware of and understands this requirement. 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, not more than forty-five days nor less than 15 days prior to the scheduled action. The applicant is aware of and understands this requirement. This application is accompanied by noticing materials required by the City of Bozeman. 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. The applicant is aware of and understands this requirement. The applicant may request additional time depending on the requirements 175 NW C�� C�� O��: Annexation & Zone Map Amendment 12 of the agreement. Additional Site Information There are no residents living on the project site. Structures onsite include one uninhabitable residential structure, and seven uninhabitable outbuildings located on the NW corner of the site. There are no commercial structures on site. The residential structure will be demolished, while there is potential to salvage or repurpose some of the outbuildings. The site consists of approximately 26 acres of wetlands with the remaining land being pasture and agricultural cultivation of alfalfa hay. The residential structure is uninhabited but was served by electric, underground wells, and a septic system. As of 2018 the property was assessed at $99,947 for the land and $188,940 for the homestead and buildings, a total of $288,887. 176 NW C�� C�� O��: Annexation & Zone Map Amendment 13 C. Responses to ZMA Criteria Below are responses to the ZMA criteria (Section 76-2-304, MCA) that address how the project site relates to and meets the criteria outlined for ZMAs. A. Be in accordance with the Growth Policy Yes. The pending Growth Policy Amendment proposes to re-designate approximately 22.94 acres, of “Residential” and approximately 137.567 acres, of “Present Rural”. This new designation will result in approximately 130.994 acres of Residential Emphasis Mixed Use (REMU) and 29.513 acres of Community Commercial Mixed Use (CCMU) as underlying future land use designations. The requested initial zoning designation requested is REMU (130.994 acres) and B- 2M (29.513 acres). These are appropriate implementing districts for the REMU and CCMU future land use designations and will support the growth policy’s “Center Based” land use pattern. B. Secure safety from fire and other dangers Yes. The subject property is currently located directly adjacent to the jurisdiction of the City of Bozeman Fire and Police Departments and the service area of American Medical Response ambulances. Additionally, the subject site is located less than one and one half miles from Bozeman Fire Station No 3. As the new High School and associated infrastructure improvements develop, direct access routes to the project site will be further improved. Site and building development will be in compliance with the UDC and all applicable 177 NW C�� C�� O��: Annexation & Zone Map Amendment 14 building codes to help secure safety from fire and other dangers. REMU and B-2M zoning will have no new affect on these types of services. C. Promote public health, public safety, and general welfare Yes. This area, due to its proximity to principal arterials, a diverse array of adjacent residential densities, Bozeman Sports Park, the new high School and Meadowlark Elementary; has multiple elements conducive to a walkable neighborhood. The combination of REMU and B-2M allows for flexibility and higher densities. These zoning designations create the opportunity for a broad range of commercial uses to serve both the surrounding neighborhood and, more broadly, the City as a whole, while encouraging multifamily residential. The majority of the parcel being designated as REMU is highly compatible with the surrounding land uses and will provide the foundation for a walkable community. A B-2M designation in the SE portion of the parcel will further strengthen and encourage pedestrian use by placing residents closer to businesses and institutions and vice-versa. This change will promote a more cohesive neighborhood pattern through the extension of services and a consistent sidewalk pattern. Additionally, the provisions of the UDC as well as applicable building codes will ensure public health, safety and general welfare on a project by project basis. D. Facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements 178 NW C�� C�� O��: Annexation & Zone Map Amendment 15 Yes. The project site lies within the sewer, storm water and water facility plan boundaries. The development of adjacent residential neighborhoods, Bozeman Sports Park and the new high school to the northeast, east, and south of the project site combined with the development pattern in the area will facilitate the update and extension of municipal services. Additionally, the current Capital Improvements Plan 2019-2023 identifies the following improvements to be completed and the year in which they are scheduled: • Oak/Cottonwood Intersection (SIF 098; $2,192,000) in fiscal year 2020 • Cottonwood Road between Oak Street and Baxter Lane (SIF 138; $1,000,000) in fiscal year 2023 • Baxter/Cottonwood Intersection (SIF 086; $500,000)in fiscal year 2023. The initial zoning of REMU and B-2M will capitalize on the proximity to principal arterials (Cottonwood Road and Oak Street) and lead to incremental additions of sidewalks and improvements providing pedestrian access, and encouraging connection to adjacent neighborhoods, schools and parks. Future site development proposals will be required to demonstrate the adequate provision of public services, parkland development, natural resource protection and other required improvements. E. Reasonable provision of adequate light and air Yes. The new UDC has multiple standard’s that address height restrictions, lot coverage, setbacks, landscaping and buffers to protect 179 NW C�� C�� O��: Annexation & Zone Map Amendment 16 the provisions of light and air. REMU and B-2M contain some overlapping uses with an intense focus on pedestrian use, access and connectivity that will further build in seamless transitions that protect the provision of adequate light and air between existing residential neighborhoods to the south. All future site plans and development will require compliance with the UDC as well as applicable building codes to assure the provision of adequate light and air. F. The effect on motorized and non-motorized transportation systems Yes. The annexation and initial zoning of this parcel will facilitate the connection of Cottonwood Road from Oak Street to Baxter Lane. It will fulfill the R.O.W. dedications necessary to build out the intersection of Cottonwood Road with Baxter. Development in this parcel will connect to the street and pedestrian grid established by the residential neighborhoods south of Oak Street. Future development in compliance with the UDC as well as applicable engineering standards will require a traffic impact study and review of transportation capacity. The proposed zone change and increased intensity will increase traffic. However, area road improvements, proximity to major thoroughfares, and a focus on pedestrian and multi-modal transportation in this neighborhood commercial node will help offset traffic impacts. G. Promotion of Compatible Urban Growth Yes. Integrated, pedestrian friendly development in mixed use areas is imperative to a desirable urban growth pattern. Increased density of quality mixed-used development in this area means it will meet an 180 NW C�� C�� O��: Annexation & Zone Map Amendment 17 important and immediate demand for residential units in Bozeman while also supporting/encouraging commercial uses through the combination of REMU and B-2M zoning. Bringing higher intensity uses to this center is a progressive way to plan for long term growth and extend the development pattern currently being experienced in the surrounding area of the project site. The community plan reinforces this concept and states that a concentration of persons and activities is fundamental to urban services. (Chapter 3, Bozeman Community Plan) H. Promotion of the character of the district Yes. REMU and B-2M zoning will continue to promote the desired character of the project site, surrounding area, and its associated district. This is a rapidly expanding area of NW Bozeman with direct access to sports parks, two schools, and multiple built or planned residential neighborhoods of varying densities. REMU is meant to establish areas that are mixed use in character and provide options for a variety of housing through a vertical and horizontal mix. Flexibility in the amount, type and density of residential products and the ability to seamlessly transition to the B-2M commercial node will allow the project site to develop and respond to the character of the district. The B-2M is consistent with the area and will allow the for the establishment of a commercial node that replaces a commercial parcel displaced by the new high school and foster progressive development. Future site development in this area that complies with the standards of the UDC will continue to add to the character of the district as well as adjacent districts. 181 NW C�� C�� O��: Annexation & Zone Map Amendment 18 I. Peculiar suitability for particular uses Yes. While the current use is agricultural, the property is adjacent to developed, residential areas of varying densities and public land uses. The site is generally flat and laced with two watercourses. The intent of REMU is to ‘promote neighborhoods with supporting services that are substantially dominated by housing’. Additionally, a B-2M will encourage support services and employment opportunities with a focus on multi-modal transportation and strong connections both within the site and to adjacent sites. This property site will fill a substantial void in the area by providing a much needed commercial node that will compliment the adjacent uses, promote a cohesive neighborhood pattern that will connect adjacent roadways and corridors, and extend existing infrastructure. J. Conserving the value of buildings Yes. The parcel is almost exclusively under agricultural cultivation and natural wetland areas. One residential structure and seven outbuildings exist on-site. The residential structure is uninhabitable and will be demolished. There is potential to salvage or repurpose some of the outbuildings and this will be investigated. The combination of REMU and B-2M zoning will allow for diverse, new quality development patterns on the subject parcel; leading to increased property values for adjacent properties that will benefit from the proximity and access to a walkable, mixed commercial service district. All future site development will comply with the requirements outlined in the UDC, ensuring consistency with the existing and planned adjacent development, and in turn, aid in the increase in area property 182 NW C�� C�� O��: Annexation & Zone Map Amendment 19 values. K. Encourage the most appropriate use of land throughout the jurisdictional area Yes. This zoning change will be consistent with the recently updated future land use outlined in the Bozeman Community Plan (GPMA #18- 450) which designated the area as REMU and Community Commercial Mixed Use. These land use designations will encourage an appropriate use of the land as this area of the City grows. This change follows a “center based” land use pattern that will directly respond to the immediate and surrounding areas’ needs by allowing a diverse residential and mixed use density pattern easily accessed by multiple principal arterials. 183 NW C�� C�� O��: Annexation & Zone Map Amendment 20 APPENDIX A 184 185 186 187 COTTONWOOD ROAD (120' - ROW) LAUREL PARKWAY (90' - ROW) BAXTER LANE (100' - ROW) WEST OAK STREET (125' - ROW) 2000 4742.22 QTR 2001 4738.17 AC 2003 4716.35 SEC CORNER 3057 4709.56 QTR S2°16'25"W 2627.49' N89°13'13"W 2649.87' N1°42'36"E 2625.17' S89°15'30"E 2675.75' N87°43'35"W 750.00' S2°16'25"W 666.53' N89°15'01"W 497.36' S0°46'47"W 639.70' 1230.92' 1287.15' E10W E10W E10W E10W E10W E10W E10W E10W E10W E10W E10W E10W E10W E10W E10W E10W E10W E10W E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E21S E21S E21S E21S E21S E21S E21S E21S E21S E21S E21S E27S E27S E27S E27S E27S COPYRIGHT © MORRISON-MAIERLE, INC.,2018 PLOTTED DATE: Oct/22/2018 PLOTTED BY: matt e. ekstrom DRAWING NAME: N:\5659\003_Anderson\ACAD\Concept\5659.003-Anderson 160-Annexation Map.dwg 1/4 SEC. SECTION TOWNSHIP RANGE PROJ. #: SHEET OF PRINCIPAL MERIDIAN, MONTANA DATE: COUNTY, MONTANA SCALE: CLIENT: FIELD WORK: COTTONWOOD ROAD (120' - ROW) LAUREL PARKWAY (90' - ROW) BAXTER LANE (100' - ROW) WEST OAK STREET (125' - ROW) 2000 4742.22 QTR 2001 4738.17 AC 2003 4716.35 SEC CORNER 3057 4709.56 QTR S2°16'25"W 2627.49' N89°13'13"W 2649.87' N1°42'36"E 2625.17' S89°15'30"E 2675.75' N87°43'35"W 750.00' S2°16'25"W 666.53' N89°15'01"W 497.36' S0°46'47"W 639.70' 1230.92' 1287.15' E10W E10W E10W E10W E10W E10W E10W E10W E10W E10W E10W E10W E10W E10W E10W E10W E10W E10W E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E21S E21S E21S E21S E21S E21S E21S E21S E21S E21S E21S E27S E27S E27S E27S E27S COPYRIGHT © MORRISON-MAIERLE, INC.,2018 PLOTTED DATE: Oct/22/2018 PLOTTED BY: matt e. ekstrom DRAWING NAME: N:\5659\003_Anderson\ACAD\Concept\5659.003-Anderson 160- Zoning Map.dwg 1/4 SEC. SECTION TOWNSHIP RANGE PROJ. #: SHEET OF PRINCIPAL MERIDIAN, MONTANA DATE: COUNTY, MONTANA SCALE: CLIENT: FIELD WORK: DRAWN BY: CHECKED BY: engineers surveyors planners scientists Morrison Maierle 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 Fax: 406.922.6702 KLEIN 1 1 GALLATIN 5659.003 1"=200' 10/2018 MEE CHN JW & CN 5E 2S NE 4 NW CORNER COTTONWOOD & OAK - ZONING MAP AMENDMENT TRACT 5 COS 2552 160.507 ACRES 200 TRACT 5 OF CERTIFICATE OF SURVEY NO. 2552 LOCATED 1 NE 4 OF SECTION 4, T2S, R5E, PPM, GALLATIN COUNTY , MT ZONING REMU AND B-2M (previously county AS) OCTOBER, 2018 LEGAL DESCRIPTION PLI ZONING BOZEMAN COMMUNITY PLAN FUTURE LAND USE: PRESENT RURAL BOZEMAN COMMUNITY PLAN FUTURE LAND USE: PRESENT RURAL BOZEMAN COMMUNITY PLAN FUTURE LAND USE: RESIENTIAL ZONING AREA SUMMARY B2M ZONING: REMU ZONING: TOTAL ZONING AREA: 29.513 acres (1,285,583.20) Sq. Ft. 130.994 acres (5,706,122.21) Sq. Ft. LEGEND 160.507 acres (6,985,282) Sq. Ft. 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 RO ZONING BOZEMAN COMMUNITY PLAN FUTURE LAND USE: RESIENTIAL FLANDERS CREEK SUBDIVISION TRADITIONS SUBDIVISION PHASE 3 BOZEMAN COMMUNITY PLAN FUTURE LAND USE: RESIENTIAL R4 ZONING BOZEMAN COMMUNITY PLAN FUTURE LAND USE: RESIENTIAL R3 ZONING LAUREL GLEN SUBDIVISION PHASE 2 CREEKSTONE CONDO BOZEMAN COMMUNITY PLAN FUTURE LAND USE: RESIENTIAL R2 ZONING MINOR SUBDIVISION 201A BOZEMAN COMMUNITY PLAN FUTURE LAND USE: RESIENTIAL R4 ZONING MINOR SUBDIVISION 201A BOZEMAN COMMUNITY PLAN FUTURE LAND USE: RESIENTIAL R4 ZONING LAUREL GLEN SUBDIVISION PHASE 2 BOZEMAN COMMUNITY PLAN FUTURE LAND USE: PRESENT RURAL BOZEMAN COMMUNITY PLAN FUTURE LAND USE: PRESENT RURAL BOZEMAN COMMUNITY PLAN FUTURE LAND USE: RESIDENTIAL PLI ZONING BOZEMAN COMMUNITY PLAN FUTURE LAND USE: RESIENTIAL TRACT 4 COS 2672A PARCEL 1 COS 2553 TRACT 4 COS 2552 TRACT 4 COS 2552 PARCEL 5 COS 2202 PROPOSED ZONING REMU LAUREL GLEN LIFT STATION B-PROPOSED 2M ZONING 189 DRAWN BY: CHECKED BY: engineers surveyors planners scientists Morrison Maierle 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 Fax: 406.922.6702 KLEIN 1 1 GALLATIN 5659.003 1"=200' 10/2018 MEE CHN JW & CN 5E 2S NE 4 TRACT 4 COS 2672A PARCEL 1 COS 2553 TRACT 5 COS 2552 160.507 ACRES 200 TRACT 5 OF CERTIFICATE OF SURVEY NO. 2552 LOCATED 1 NE 4 OF SECTION 4, T2S, R5E, PPM, GALLATIN COUNTY , MT OCTOBER, 2018 LEGAL DESCRIPTION PLI ZONING BOZEMAN COMMUNITY PLAN FUTURE LAND USE: PRESENT RURAL BOZEMAN COMMUNITY PLAN FUTURE LAND USE: PRESENT RURAL BOZEMAN COMMUNITY PLAN FUTURE LAND USE: RESIENTIAL ANNEXATION AREA SUMMARY TOTAL ANNEXATION AREA:160.507 acres (6,991,684.92) Sq. Ft. 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 TRACT 4 COS 2552 RO ZONING BOZEMAN COMMUNITY PLAN FUTURE LAND USE: RESIENTIAL FLANDERS CREEK SUBDIVISION TRADITIONS SUBDIVISION PHASE 3 BOZEMAN COMMUNITY PLAN FUTURE LAND USE: RESIENTIAL R4 ZONING BOZEMAN COMMUNITY PLAN FUTURE LAND USE: RESIENTIAL R3 ZONING LAUREL GLEN SUBDIVISION PHASE 2 CREEKSTONE CONDO BOZEMAN COMMUNITY PLAN FUTURE LAND USE: RESIENTIAL R2 ZONING MINOR SUBDIVISION 201A BOZEMAN COMMUNITY PLAN FUTURE LAND USE: RESIENTIAL R4 ZONING MINOR SUBDIVISION 201A BOZEMAN COMMUNITY PLAN FUTURE LAND USE: RESIENTIAL R4 ZONING LAUREL GLEN SUBDIVISION PHASE 2 BOZEMAN COMMUNITY PLAN FUTURE LAND USE: PRESENT RURAL TRACT 4 COS 2552 BOZEMAN COMMUNITY PLAN FUTURE LAND USE: PRESENT RURAL PARCEL 5 COS 2202 BOZEMAN COMMUNITY PLAN FUTURE LAND USE: RESIDENTIAL PLI ZONING BOZEMAN COMMUNITY PLAN FUTURE LAND USE: RESIENTIAL EXISTING STRUCTURES 50' WETLAND SETBACK DELINEATED WETLAND BOUNDARY 50' WETLAND SETBACK DELINEATED WETLAND BOUNDARY LAUREL GLEN LIFT STATION NW CORNER COTTONWOOD & OAK - ANNEXATION MAP PROPOSED ZONING: B2M ZONING: REMU ZONING: 29.513 acres (1,285,583.20) Sq. Ft. 130.994 acres (5,706,122.21) Sq. Ft. PROPOSED ZONING: REMU PROPOSED ZONING: B-2M 188 Zone Map Amendment (non-Annexation) ZMA UDC Text Amendment ZTA Growth Policy Amendment GPA Modification/Plan Amendment MOD Extension of Approved Plan EXT Reasonable Accommodation RA Comprehensive Sign Plan CSP Other: phone 406.582.2260 fax 406.582 .2263 planning@bozeman.net www.bozeman.net I Revision Date: 5.16.18 X 158