HomeMy WebLinkAboutWilliams Industrial Park Annexation No. A-10001A.pdf Report Complied On May 12, 2010
REPORT TO: Honorable Mayor & City Commission
FROM: Brian Krueger, Associate Planner
Chris Saunders, Interim Planning Director
Chris Kukulski, City Manager
SUBJECT: Williams Industrial Park Annexation #A-10001
MEETING DATE: May 17, 2010
AGENDA MEETING ITEM: Consent
RECOMMENDATION: The City Commission adopts the provided findings and approves the
annexation, with the 15 recommended terms of annexation listed on Pages 2-4 of the Staff Report, and
directs staff to prepare an annexation agreement for signature by the parties.
BACKGROUND: The applicant Powder River, LLC proposes to annex 4.25 acres and adjacent right-of-way
into the City of Bozeman. The property is generally located northeast of the intersection of North 7th Avenue and
Griffin Drive and is accessed by Maus Lane and Lea Avenue. A concurrent zone map amendment application has
been submitted to amend the City of Bozeman Zoning Map to establish an initial municipal zoning designation of
M-2 (Manufacturing Industrial District).
UNRESOLVED ISSUES: None determined at this time.
FISCAL EFFECTS: Annexing the property and establishing new municipal zoning will enable a
subdivision application and/or development review applications for site development to construct
structures to support industrial uses within city limits. This would increase tax values and corresponding
revenue from the property. New industrial space within the City will support manufacturing and
industrial businesses and the associated employment to support those uses. The City will accrue
additional costs to service the property with municipal service.
Commission Memorandum
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Report Complied On May 12, 2010
ALTERNATIVES: 1) Approve the annexation with the findings and terms as recommended above by
Staff
2) Approve the annexation with revised findings and additional terms as directed
by the City Commission
3) Deny the annexation request.
Attachments: Staff Report
Application materials
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WILLIAMS INDUSTRIAL PARK ANNEXATION
CITY COMMISSION STAFF REPORT FILE NO. A-10001
Williams Industrial Park Annexation Staff Report, #A-10001 1
Item: Annexation Application #A-10001 requesting to annex 4.25 acres and
adjacent right-of-way located at 133 Maus Lane to the corporate limits of
the City of Bozeman.
Applicant/Owner: Powder River Co., LLC
1000 Abigail Ranch Road
Bozeman, MT 59715
Date/Time: Before the Bozeman City Commission on Monday, May 17, 2010 at 6:00
p.m. The City Commission will conduct their meeting in the Commission
Meeting Room, City Hall, 121 North Rouse Avenue, Bozeman, Montana.
Consent Agenda Item
Report By: Brian Krueger, Associate Planner
Recommendation: Approval with terms of annexation
PROJECT LOCATION & MAP
The property is known as 133 Maus Lane and is legally described as: Tract 20 of the Gordon
Mandeville State School Subdivision, City of Bozeman, Gallatin County, Montana. The property
under consideration is approximately 4.25± acres in size, excluding the adjacent right of way that is to
be annexed. Please refer to the vicinity map on the following page.
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Williams Industrial Park Annexation Staff Report, #A-10001 2
PROPOSAL AND BACKGROUND INFORMATION
The property owner and applicant, Powder River, LLC proposes to annex the 4.25-acre subject
property to the corporate limits of the City of Bozeman and to establish an initial municipal zoning
designation of M-2 (Manufacturing Industrial District). The purpose of the annexation and zone map
amendment request is to extend municipal water and sanitary sewer infrastructure to the property and
obtain public services (i.e., police and fire) in order to develop Industrial Uses as outlined in the
Bozeman Community Plan.
The subject property is the current location of the Williams Plumbing Civil Division storage yard and
offices. There are four structures on site including multiple utility easements and a gas facility.
No public comment has been received.
STAFF RECOMMENDATION
Should the City Commission choose to accept the request for annexation, the Development Review
Committee has recommended that the following terms of annexation be addressed prior to
acknowledging the Annexation Agreement and formal annexation of said property:
PLANNING
CONDITIONS
1. That the applicant execute at the Gallatin County Clerk & Recorder’s Office a waiver of right-to-
protest creation of S.I.D.’s for a City-wide Park Maintenance District, which would provide a
mechanism for the fair and equitable assessment of maintenance costs for City parks as part of the
Annexation Agreement.
2. The property owner shall provide usable water rights, or cash in-lieu thereof, in the amount
Subject
Property
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Williams Industrial Park Annexation Staff Report, #A-10001 3
determined by the Director of Public Service at the time the property is annexed to the corporate
limits to the City of Bozeman.
3. The property owner should be advised that prior to development of the property, the future
developer(s) may be required to prepare, at their own expense, a comprehensive design report
evaluating existing capacity of water and sewer utilities, storm water master plan and traffic
impacts.
4. That at the time of any new development on the property, fire, street, water and wastewater impact
fees will be assessed.
5. The Annexation Agreement should include notice that, prior to development, the developer will be
responsible for installing any facilities required to provide full municipal services to the property in
accordance with the City’s infrastructure Master Plan and all city policies and guidelines that may
be in effect at the time of development.
6. An Annexation Map, titled “Williams Industrial Park Annexation Map” with a legal description of
the property and adjoining rights-of-way and/or street access easements shall 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 Services and City Engineer’s Office, and
shall be submitted with the signed Annexation Agreement.
7. That the applicant execute all contingencies and terms of said Annexation Agreement with the City
of Bozeman within sixty days (60) of distribution of the annexation agreement unless another time
period is specifically identified by the City Commission.
ENGINEERING
CONDITIONS
8. The annexation agreement shall include notice that, prior to development, the applicant will be
responsible for installing any facilities required to provide full municipal services to the property 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.
9. The applicant shall 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 North 7th Avenue; including but not limited to paving, curb and
gutter, sidewalk, and storm drainage improvements.
b. Street improvements to West Griffin Drive; including but not limited to paving, curb and
gutter, sidewalk, and storm drainage improvements.
The document filed shall specify that in the event an SID is not utilized for the completion of
these improvements, the developer agrees to participate in an alternate financing method for the
completion of said improvements on a fair share, proportionate basis as determined by square
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Williams Industrial Park Annexation Staff Report, #A-10001 4
footage of property, taxable valuation of the property, traffic contribution from the
development, or a combination thereof.
10. The applicant must perform a water rights search to determine if any exist for this property. Any
water rights that exist for this property must be transferred to the City of Bozeman prior to
annexation. If no water rights exist, cash in lieu of water rights must be paid prior to annexation.
With further development, a property owner may request a refund of the water rights paid if the
development and use is shown to be less intensive than what was calculated at time of annexation.
The City Engineer has final approval authority for any refunds requested.
STORMWATER MANAGEMENT
11. Prior to any development of the subject annexation, a stormwater drainage and grading plan shall
be provided to and approved by the City Engineer. The plan must demonstrate that adequate
treatment of runoff from the public streets and all future lots will be achieved by providing spot
elevations, flow direction arrows, detention and/or retention basin details (including basin sizing
calculations and basin typical sections), outlet structure details, and culvert capacity calculations.
The plan must also locate and provide easements for adequate drainage ways within the annexation
area to transport treated runoff to the stormwater receiving channel.
12. A drainage easement must be provided for the existing 24” culvert that runs through the proposed
annexation.
SEWER & WATER
13. Plans and specifications for any water, sewer and/or storm sewer main extensions, and Public or
Private Streets (including curb, gutter & sidewalks) prepared by a Professional Engineer (PE) shall
be provided to and approved by the City Engineer upon development. Water and sewer plans shall
also be approved by the Montana Department of Environmental Quality. The applicant shall also
provide Professional Engineering services for construction inspection, post-construction
certification, and preparation of mylar record drawings. Specific comments regarding the existing
and proposed infrastructure shall be provided at that time. Construction shall not be initiated on
the public infrastructure improvements until the plans and specifications have been approved and a
pre-construction conference has been conducted.
No building permits will be issued prior to City acceptance of the infrastructure
improvements.
14. Upon annexation and upon availability of service, any existing residences/businesses on the
property must be connected to City water and sewer utilities. The existing on-site treatment
systems must be properly abandoned and certification provided the abandonment occurred. Any
wells presently used for domestic purpose can be retained for irrigation only with no physical
connection to domestic water piping.
15. The applicant is advised that water main extensions in excess of 500-ft must be looped.
ZONING DESIGNATION & LAND USES
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Williams Industrial Park Annexation Staff Report, #A-10001 5
As previously noted, the applicants propose a concurrent Zone Map Amendment to establish an initial
municipal zoning designation of M-2.
The intent of the “M-2” manufacturing industrial district is to provide for heavy manufacturing and
industrial uses, servicing vocational and employment needs of Bozeman residents.
The following land uses and zoning are adjacent to the subject property:
North: Light Industrial Uses “M-1” (Light Manufacturing District).
South: Light Industrial Uses “M-2” (Manufacturing and Industrial District).
East: Burlington Northern Railroad right-of-way zoned “M-2”
West: Light Industrial Uses, zoned “M-1”
GROWTH POLICY DESIGNATION
The area that is subject to this application is assigned an Industrial land use designation, as shown on
the Future Land Use Map in the City’s growth policy. The Industrial designation is described as
follows:
This classification provides areas for the uses which support an urban environment such as
manufacturing, warehousing, and transportation hubs. Development within these areas is intensive and
is connected to significant transportation corridors. In order to protect the economic base and
necessary services represented by industrial uses, uses which would be detrimentally impacted by
industrial activities are discouraged. Although use in these areas is intensive, these areas are part of the
larger community and shall meet basic standards for landscaping and other site design issues and be
integrated with the larger community. In some circumstances, uses other than those typically
considered industrial have been historically present in areas which were given an industrial designation
in this growth policy. Careful consideration must be given to public policies to allow these mixed uses
to coexist in harmony.
This property is entirely surrounded by Industrial designated property.
REVIEW CRITERIA & FINDINGS
Resolution No. 3907 Goals
Goal 1: It shall be the goal of the City of Bozeman to encourage annexations of land
contiguous to the City.
The property in question is contiguous to the City limits.
Goal 2: The City shall seek to annex all areas that are totally surrounded by the City,
without regard to parcel size.
The 4.25-acre subject property is surrounded by the City.
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.
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The applicant is not currently contracting with the City for any services. The applicant
does have a need to contract with the City for municipal services to develop the
property for industrial uses.
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.
The subject property lies within the 20-year sewer service boundary as depicted in the
adopted 2006 Bozeman Wastewater Facilities Plan.
The subject property lies within the Bozeman Community Plan planning boundary, and
the “Capital Facilities Overlay District.” The “Capital Facilities Overlay District” is
intended to establish a priority area for development within the larger scope of the
Bozeman Community Plan future land use plan. It designates an area within the long-
range growth area of the City where services would be most efficiently provided in the
near term and where development in the near term would advance the goals of the
Community Plan.
Resolution No. 3907 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.
The terms of annexation include waivers of right-to-protest against the creation of
improvement districts for park maintenance, street improvements, stormwater
improvements, water and sewer service. The annexation agreement would also require
that a 24” drainage easement be provided for the existing 24” culvert that coveys water
across the site.
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.
The property is currently Industrial in the Bozeman 2020 Community Plan.
This annexation, and the zoning proposed (#Z-10037), would be in compliance
with this designation.
b. Initial zoning classifications of the property to be annexed shall be
determined by the City Commission, in compliance with the Bozeman
Growth Policy and upon a recommendation of the City Zoning
Commission, prior to final annexation approval.
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Williams Industrial Park Annexation Staff Report, #A-10001 7
The applicant has applied for a Zone Map Amendment (#Z-10037) to establish
an initial municipal zoning designation of M-2 (Manufacturing Industrial
District) on 4.25-acres. The Zoning Commission held a public hearing on the
Zone Map Amendment application on April 20, 2010, and voted 3-0 in favor of
the requested zoning. A recommendation of approval is forwarded to the
Bozeman City Commission.
c. The applicant may indicate his or her preferred zoning classification as
part of the annexation application.
The applicant and owner have indicated that they prefer a zoning designation of
M-2 (Manufacturing Industrial District).
Policy 3: Fees for Annexation procedures shall be established by the City Commission. No
fee will be charged for any City-initiated annexation.
The appropriate review fees accompanied the application.
Policy 4: It shall be the general policy of the City that annexations will not be approved
where unpaved county roads will be the most commonly used route to gain access
to the property.
The property proposed for annexation fronts on Maus Lane and Lea Avenue, which are
paved and designated as Local roadways in the Greater Bozeman Area Transportation
Plan. The Annexation Agreement will include notice that prior to future development,
the applicant will be responsible for installing any facilities required to provide full
municipal services to the property in accordance with the City of Bozeman’s facility
plans and all City policies that may be in effect at the time of development.
Policy 5: Prior to annexation of property, it shall be the policy of the City of Bozeman to
acquire usable water rights, or an appropriate fee in lieu thereof, equal to the
average annual diversion requirement necessary to provide the anticipated
average annual consumption of water by residents and/or users of the property
when fully developed on the basis of the zoning designation(s). The fee may be
used to acquire water rights or for improvements to the water system which would
create additional water supply capacity. This policy may be subject to the
following exceptions:
a. For any annexation in excess of ten acres, it shall be carried out prior to
final plat approval, final site plan approval or the issuance of any building
permits, whichever occurs first, provided that the applicant executes a
promissory note or other appropriate document acceptable to the City.
The applicant will need to provide useable water rights, or an appropriate fee in
lieu, based on the zoning designations assigned to the property.
b. For any annexation or portion thereof proposed for use as a church as that
term is defined in the Bozeman zoning ordinance, the R-1, Residential
Single-Family, Low Density District shall be used in place of the property’s
zoning designation for calculating the water requirement. If the use
changes from a church at any time in the future, the owner of the property
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will enter into a separate agreement providing that, at the time of the
change, the owner or successor shall supply any additional water rights or
fees which might be due, based on the actual zoning designation at the time
of the change.
This policy is not applicable to this annexation.
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 apply.
The Annexation Agreement should contain provisions that discuss the developer’s
responsibility for extending the necessary services (water, sewer, streets, storm water
facilities, etc.) to the site under consideration. This would include language that the
existing structures shall be connected to municipal water and sewer upon further
development of the property or once instructed by the City of Bozeman; and that the
applicants should be made aware that at the time of any further development on the
properties, the land owners and their successors shall pay all additional impact fees At
such time that any site plan or further development proposal is considered by the City of
Bozeman, the extension of services will be determined in detail based upon the type of
development being reviewed by the advisory and decision-making bodies.
The DRC considered the annexation request and did not identify any significant impacts
to the City’s sanitary sewer and water municipal facilities, or transportation system that
could not be addressed or fulfilled by the applicant during any subsequent review for
further development of the property.
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.
No City services are currently being contracted. With further development of the
property, municipal infrastructure will be extended to the site. The terms of annexation
specify that existing structures shall be connected to municipal water and sewer upon
further development of the property or once instructed by the City of Bozeman.
Policy 8: The annexation application shall be accompanied by mapping to meet the
requirements of the Director of Public Service.
Mapping to meet the requirements of the Director of Public Service must be provided
with the Annexation Agreement. Typically, this includes an 18-inch x 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 the terms of annexation.
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Policy 9: It shall be the policy of the City of Bozeman to assess a system development/impact
fee in accordance with Chapter 3.24, Bozeman Municipal Code, and in accordance
with the Bozeman Growth Policy and other policies as they are developed.
The terms of annexation require the existing structures shall be connected to municipal
water and sewer upon further development of the property or once instructed by the
City of Bozeman. Water and sewer impact fees will be required from the landowners or
successors upon connection.
At the time of any further development on the properties, the land owners or their
successors shall pay all additional impact fees required by Chapter 3.24, Bozeman
Municipal Code.
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 18.76.020.A, BMC. In addition, where a
commonly identifiable street address is not visible on the property to be annexed,
the notice shall provide a map of the area in question so as to indicate its general
location and proximity to surrounding properties.
Notices of the public hearing have been sent and posted on the site as set forth under
this policy.
Policy 11: Annexation agreements shall be executed and returned to the City within 60 days
of distribution of the annexation agreement, unless another time period is
specifically identified by the City Commission.
This policy is specified in the recommended terms of annexation.
Policy 12: When possible, the use of Part 46 annexations is preferred.
This application is being processed as a Part 46 annexation.
AGENCY REVIEW
The Planning Department has requested written summary-review comments from the Bozeman
Development Review Committee and other applicable review agencies regarding the request for
annexation. Comments received as of the writing of this Staff Report have been outlined above
according to the goals and policies of City Commission Resolution No. 3907. Additional comments
and/or recommendations received prior to consideration of this request for annexation by the City
Commission will be forwarded to the governing body.
PUBLIC COMMENT
No public comment has been received.
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Any comments received after the writing of the Staff Report will be distributed to Commissioners at
the public meeting.
SUMMARY & CONCLUSION
The Planning Department, Development Review Committee, and other local review agencies have
reviewed the request for annexation and have provided the above comments as they relate to the Goals
and Policies set forth in Commission Resolution No. 3907. Should the City Commission choose to
proceed with the request for annexation, the Planning Department recommends that the terms of
annexation listed in this Staff Report be addressed prior to acknowledging the Annexation Agreement
and formal annexation of said property.
REPORT SENT TO
Jason Leep 1811 W. Dickerson #17 Bozeman, MT 59715
Powder River Co., LLC 1000 Abigail Ranch Road Bozeman, MT 59715
ATTACHMENTS
Applicant’s Annexation application submittal materials
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