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HomeMy WebLinkAbout4-2-07-1_203-215_Approve the Story Mill Neighborhood Annexation #A-07003 Report compiled on March 27, 2007 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Allyson Bristor, Associate Planner SUBJECT: Story Mill Neighborhood Annexation, #A-07003 MEETING DATE: Monday, April 2nd 2007 CONSENT AGENDA ITEM RECOMMENDATION: The City Commission approves the annexation, with the eleven recommended terms of annexation listed within the Staff Report, and direct Planning Staff to prepare an annexation agreement for signature by the parties. BACKGROUND: This is an annexation application to annex 25.51 acres surrounding the intersection of Griffin Drive and Story Mill Road for an initial zoning request. It is being concurrently reviewed with zone map amendment application #Z-07013 that includes an additional 77.22 acres. The applicants have requested a mix of zoning designations for the proposed annexed lands, including “B-2” (Community Business District), “B-1” (Neighborhood Business District) and “R-4” (Residential High Density District). UNRESOLVED ISSUES: There are no unresolved issues at this time. FISCAL EFFECTS: Detailed fiscal impacts are undetermined at this time, but will likely include increased property tax revenues from annexation of the property, and costs from additional service demand. ALTERNATIVES: As suggested by the City Commission. CONTACT: Please feel free to email Allyson Bristor @ abristor@bozeman.net if you have any questions. APPROVED BY: Andrew C. Epple, Planning Director Chris Kukulski, City Manager ATTACHMENTS: Staff Report Applicant’s submittal 203 STORY MILL NEIGHBORHOOD ANNEXATION CITY COMMISSION STAFF REPORT FILE # A-07003 Story Mill Neighborhood Annexation CC Staff Report, #A-07003 1 Item: Annexation Application #A-07003, requesting to annex 23.51 acres surrounding the intersection of Griffin Drive and Story Mill Road into the corporate limits of the City of Bozeman. Property Owners: Blue Sky Development, Inc. 6730 Tawney Brown Lane Bozeman MT 59718 Wake Up Inc. 402 Bonner Lane Bozeman MT 59715 Clifford & Sally Franklin Christie 1015 East Griffin Drive Bozeman, MT 59715 Applicant: GoBuild Inc. 6730 Tawney Brown Lane Bozeman MT 59718 Representative: Hyalite Engineers & GBD Architects 2066 Stadium Drive, Ste. 203 Bozeman, MT 59715 Date/Time: CONSENT AGENDA Before the Bozeman City Commission on Monday, April 2nd 2007 at 6:00 PM, located in the Community Room, Gallatin County Courthouse, 311 West Main Street, Bozeman, Montana. Report By: Allyson Bristor, Associate Planner Recommendation: Approval, with the eleven terms of annexation. PROJECT LOCATION & MAP The proposed annexed land is generally located around the intersection of Griffin Drive and Story Mill Road. The property falls within the Gallatin County Bozeman Area Zoning District with zoning designations of M-1 (Light Industrial District) and A-S (Agricultural Suburban District). Please refer to the following vicinity map that shows the total acreage included within both the annexation and zone map amendment applications. 204 PROPOSAL & BACKGROUND INFORMATION Property owners Blue Sky Development, Inc., Wake Up, Inc. and Clifford and Sally Franklin Christie submitted an application to annex land into the corporate limits of the City of Bozeman. The amendment requests to establish initial municipal zoning designations, including “B-2” (Community Business District), “B-1” (Neighborhood Business District) and “R-4” (Residential High Density District). The additional 77.22 acres included in the zone map amendment are currently zoned City lands. The purposes of the zone map amendment, and the affiliated growth policy amendment and annexation, are to extend municipal water and sanitary sewer infrastructure to the property, obtain public services (i.e., police and fire) and to develop at urban densities that allow the opportunity for mixed-use development. ZONING DESIGNATION & LAND USES The 23.513 acres proposed for an initial municipal zoning designation, and concurrently being reviewed for annexation, is located within the Gallatin County Bozeman Area Zoning District and has a zoning designation of “M-1” (Light Industrial District) and “A-S” (Agricultural Suburban). The majority of the property is located within the City limits of Bozeman. Several zoning districts are currently applied to the property including, “BP” (Business Park), “M-1” (Light Manufacturing), “R-4” (High Density Residentia) and “R-MH” (Residential Manufactured Home). The following broad range of land uses and zoning are adjacent to the subject property: North: Offices, manufactured homes, detached homes. Annexed and zoned “R-MH” (Residential Manufactured Home District) and “R-S” (Residential Suburban District) and “M-1” (Light Manufacturing District). South: Offices and warehousing. Annexed and zoned “M-1” (Light Manufacturing District). East: Not annexed, Gallatin County Bozeman Area Zoning District designations of “R-S” (Residential Suburban). Detached residences and agricultural land in the Story Hills area. West: Industrial, vacant land, City lower yards. Annexed and zoned, “M-1” (Light Manufacturing District) and “PLI” (Public Lands and Institutions) Story Mill Neighborhood Annexation CC Staff Report, #A-07003 2 205 GROWTH POLICY DESIGNATION The applicants recently approved City Commission approval for their growth policy amendment application, which changes the land use designation on the subject property to a combination of designations, including “Neighborhood Commercial” on 6.814 acres, “Community Commercial” on 3.471 acres, “Residential” on 87.915 acres, “Industrial” designation on 5.177 acres, and “Parks, Open Space, & Recreation” designation on 3.206 acres. These designations are described as follows: Neighborhood Commercial. The smallest scale of the commercial land use designations is, as its name implies, oriented at serving the needs of neighborhoods. This category is typified by smaller scale shops and services and a high level of pedestrian, bicycle, and transit opportunities. Neighborhood Commercial centers are intended to support and help give identity to individual neighborhoods by providing a visible and distinctive focal point. High density residential areas are in close proximity to facilitate the provision of services and opportunities to persons without requiring the use of an automobile. Activities commonly expected in this classification are daycares, smaller scale grocery, bakeries, retail stores, offices, small restaurants, and residences above other activities. Multiple story buildings are encouraged to establish a unique visual character to these areas. Community Commercial. 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 areas are integrated with significant transportation corridors, including transit and non-automotive routes, to facilitate efficient travel opportunities. Community Commercial areas are generally 120 to 140 acres in size and are activity centers for an area of several square miles surrounding them. 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 considered desirable to have residences on upper floors in some circumstances. Residential. This category designates places where the primary activity is urban density living quarters. Other uses which complement residences are also acceptable such as parks, low intensity home based occupations, fire stations, churches, and schools. The residential designation also indicates that it is expected that development will occur within municipal boundaries which may require annexation prior to development. The dwelling unit density expected within this classification varies. It is expected that areas of higher density housing would be likely to be located in proximity to commercial centers to facilitate the broadest range of feasible transportation options for the greatest number of individuals and support businesses within commercial centers. Low density areas should have an average minimum density of six units per net acre. Medium density areas should have an average minimum density of twelve units per net acre. High density areas should have an average minimum density of eighteen units per net acre. A variety of housing types should be blended to achieve the desired density with large areas of single type housing being discouraged. In limited instances the strong presence of constraints and natural features such as floodplains may cause an area to be designated for development at a lower density than normally expected within this classification. Story Mill Neighborhood Annexation CC Staff Report, #A-07003 3 206 All residential housing should be arranged with consideration given to the existing character of adjacent development, any natural constraints such as steep slopes, and in a fashion which advances the overall goals of the Bozeman 2020 Community Plan. The residential designation is intended to provide the principal locations for additional housing within the Planning Area. Industrial. This classification provides areas for the heavy 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 should 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. Parks, Open Space, and Recreational Lands. All publicly owned recreational lands, including parks, fall within this category, as well as certain private lands. These areas are generally open in character and may or may not be developed for active recreational purposes. The following growth policy designations are adjacent to the subject property: North: Residential and Industrial. South: Industrial, Residential, Future Urban. East: Suburban Residential and Future Urban. West: Industrial and Public Institutions. REVIEW CRITERIA 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 City limits on the north, west and south boundaries. Goal 2: The City shall seek to annex all areas that are totally surrounded by the City, without regard to parcel size. The 23.51-acre subject property is not entirely surrounded by the City; however it is surrounded in its majority. 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. Story Mill Neighborhood Annexation CC Staff Report, #A-07003 4 207 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 at the appropriate residential and commercial urban densities. 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 newly adopted 2006 Bozeman Wastewater Facilities Plan. The Bozeman 2020 Community Plan identifies the subject property as lying within the Bozeman 2020 Community Plan’s planning boundary. 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 recommended terms of annexation include the provision of public street and utility easements for Rouse Avenue, Story Mill Road, Bridger Drive, Griffin Drive, L Street and Oak Street. The terms of annexation also include execution of waivers of right to protest against the creation of special improvement districts for the following: A. Street improvements including but not limited to paving, curb/gutter, sidewalk and storm drainage facilities for Rouse Avenue/Story Mill Road/ Bridger Drive/ Griffin Drive/ L Street and Oak Street. B. Signalization Improvements for the following intersections:Rouse Avenue/Oak Street, Griffin Drive/Bridger Drive/Rouse Avenue and Story Mill Road/Bridger Drive. D. Service area trunk sewer and water mains for the property. 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. This annexation is in compliance with the recent designation of “Neighborhood Commercial” on 6.814 acres, “Community Commercial” on 3.471 acres, “Residential” on 87.915 acres, “Industrial” designation on 5.177 acres, and “Parks, Open Space, & Recreation” designation on 3.206 acres for the entire 100.74 site. 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. Story Mill Neighborhood Annexation CC Staff Report, #A-07003 5 208 The applicant has applied for a Zone Map Amendment (#Z-07010) to establish an initial municipal zoning designation of R-3 (Residential Medium Density District). Staff and the Development Review Committee recommended approval of the R-3 request. The Zoning Commission held a public hearing on the Zone Map Amendment application on Tuesday, March 6, 2007, and voted 3-0 to recommend approval of the requested zoning. 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 the proposed mix of zoning designations, with dense residential surrounding a commercial core, to allow the opportunity for mixed-use development. 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 applicants shall provide a public street and utility easement for Story Mill Road. The easement shall be as wide as necessary to provide for a total width of 90 feet, which is the collector standard as shown in the Greater Bozeman Transportation Plan. The applicants 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: Dependent on how the annexation agreement is produced (one for each property owner, or one combined) one of the following conditions for water rights applies: 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. 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 will enter into a separate agreement providing that, at the time of the Story Mill Neighborhood Annexation CC Staff Report, #A-07003 6 209 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. 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 DRC has found that adequate services can be provided to the subject property. The Annexation Agreement will contain provisions that discuss the developer’s responsibility for street, water and sewer improvements. Specifically, the applicants shall provide a public street and utility easement for Story Mill Road. The easement shall be as wide as necessary to provide for a total width of 90 feet, which is the collector standard as shown in the Greater Bozeman Transportation Plan 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 development of the property, municipal infrastructure will be extended to the site by the developer for the purpose of developing the property at urban residential densities. The terms of annexation specify that the existing structures will be required to connect to City water and sewer services upon annexation and the availability of services. 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. 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. 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 applicants should be aware that at the time of accepting the Annexation Agreement, all existing structures on the annexed land shall provide impact fees as required by Chapter Story Mill Neighborhood Annexation CC Staff Report, #A-07003 7 210 3.24 of the Bozeman Municipal Code. The option is to pay for the fees by cash, or to remove the structures. 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 required by Chapter 3.24 of the 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 Department of Planning & Community Development requested written summary-review comments from the Bozeman Development Review Committee and other applicable review agencies regarding the request for the mix of municipal zoning designations. Comments were received by the Community Affordable Housing Advisory Board (CAHAB) and are attached with this report. Additional comments and/or recommendations received after the date of this report will be forwarded to the City Clerk will be distributed to Commissioners at the public meeting. PUBLIC COMMENT Three letters of public comment were received in regards to this project and are attached with this report. Generally, the public comment states concerns of the potential density of R-4 zoning and the protection of the wetlands. Planning Staff is confident that both issues will be addressed during the future Planned Unit Development process when the applicant will be held to all zoning code provisions. One letter offers support for the project. Any comments received after the report is forwarded to the City Clerk will be distributed to Commissioners at the public meeting. Story Mill Neighborhood Annexation CC Staff Report, #A-07003 8 211 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: 1. The owner shall record with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of SIDs to be filed with the Annexation Agreement for the following: a) A City-wide Parks Maintenance District 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 said improvements on a fair share, proportionate basis such as square footage, taxable valuation of the property traffic contribution from the development or a combination thereof. 2. The applicants should be aware that at the time of accepting the Annexation Agreement, all existing structures on the annexed land shall provide impact fees as required by Chapter 3.24 of the Bozeman Municipal Code. The option is to pay for the fees by cash, or to remove the structures. 3. 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 required by Chapter 3.24 of the Bozeman Municipal Code. 4. If the property owners come in as a single annexation agreement, than the provisions for water rights or be provided in the Annexation Agreement whereby it is executed by the land owner prior to final subdivision plat approval, final site plan approval, or issuance of any building permits, whichever occurs first, prior to the City Commission adopting the Resolution of Annexation and accepting the Annexation Agreement shall be paid to the City prior to City acceptance of the annexation agreement. If the property owners come in as individual annexation agreements, than water rights, or cash-in-lieu thereof, shall be paid to the City prior to City acceptance of the Annexation Agreements. 5. The applicant will coordinate development of and extend future parks, open space, and trails with adjacent and planned parks and trails. 6. The Final Annexation Map and legal metes and bounds descriptions shall include the full width of all adjacent rights-of-way. Note that the metes and bounds descriptions for adjacent rights-of-way must be described separately from that of the parcel. The applicant is responsible for obtaining any required affidavits or signatures from the Montana Department of Transportation (MDT) and/or Gallatin County. 7. The Annexation Agreement, which addresses all terms placed on the annexation application by the City Commission, shall be returned to the City of Bozeman Planning & Community Development Department within 60 days of receipt of the Annexation Agreement, or the annexation approval shall be null and void. 8. The applicants shall submit an annexation map, titled “Story Mill Neighborhood Annexation,” with a legal description of the property shall be submitted by the applicant Story Mill Neighborhood Annexation CC Staff Report, #A-07003 9 212 for use with the Annexation Agreement. The map must show the existing public utilities (water, sewer, roadways and storm drainage), improvements on the property, adjacent developments (subdivision name, block and lots), rights-of-way, and public easements within and adjacent to the property. The map must be supplied on a: 1.) 18" by 24" mylar for City records; (2.) a reduced 8 ½" x 11" or 14" exhibit for filing with the Annexation Agreement at the County Clerk & Recorder; and 3.) 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. 9. Applicant shall provide and file with the County Clerk and Recorder’s office executed Waivers of Right to Protest Creation of SIDs for the following: A) Street improvements including paving, curb/gutter, sidewalk and storm drainage facilities for the following streets: a. Rouse Avenue b. Story Mill Road c. Bridger Drive d. Griffin Drive e. L Street f. Oak Street B) Signalization Improvements for the following intersections: a. Rouse Avenue/Oak Street b. Griffin Drive/Bridger Drive/Rouse Avenue c. Story Mill Road/Bridger Drive C) Trunk Sewer and Water mains to serve the property. The documents 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 footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. 10. The owner shall provide a public street and utility easement for Story Mill Road. The easement shall be as wide as necessary to provide for a total width of 90 feet, which is the collector standard as shown in the Greater Bozeman Transportation Plan. 11. Upon annexation and availability of services, all existing structures within the annexed land shall either be connected to municipal services or removed from the site. 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. Story Mill Neighborhood Annexation CC Staff Report, #A-07003 10 213 CC: Blue Sky Development, Inc., 6730 Tawney Brown Lane, Bozeman MT 59718 Wake Up Inc., 402 Bonner Lane, Bozeman MT 59715 Clifford & Sally Franklin Christie, 1015 East Griffin Drive, Bozeman, MT 59715 Go Build, Inc., 6730 Tawney Brown Lane, Bozeman MT 59718 Hyalite Engineers & GBD Architects, 2066 Stadium Drive, Ste. 203, Bozeman, MT 59715 Jami Morris Attachments: Applicant’s Submittal Materials CAHAB Comments Letters of Public Comment Story Mill Neighborhood Annexation CC Staff Report, #A-07003 11 214