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HomeMy WebLinkAbout10-22-07_Authorize Sundance Business Park II Annexation_10 Report compiled on October 17, 2007 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Martin Knight, Assistant Planner SUBJECT: Sundance Business Park II Annexation, #A-07005 Consent Item MEETING DATE: Monday, October 22nd, 2007 BACKGROUND: An annexation application to annex 1.75 acres located on Maus Lane just north of Griffin Drive. The subject property is wholly surrounded by the City of Bozeman. UNRESOLVED ISSUES: The Department of Planning is not aware of any unresolved issues for the proposed development at this time. RECOMMENDATION: The City Commission approves the annexation, with the 7 recommended terms of annexation listed on Page 7 and 8 of the Staff Report, and direct staff to prepare an annexation agreement for signature by the parties. FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will 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 Martin Knight at mknight@bozeman.net if you have any questions. APPROVED BY: Andrew Epple, Planning Director Chris Kukulski, City Manager 55 SUNDANCE BUSINESS PARK II ANNEXATION CITY COMMISSION STAFF REPORT FILE NO. A-07005 Sundance Business Park II Annexation Staff Report, #A-07005 1 Item: Annexation Application #A-07005, requesting to annex 1.75± acres of land located on Maus Lane north of Griffin Drive, to the corporate limits of the City of Bozeman. Owner: Westlake Holdings 2320 N. 7th Avenue Bozeman, MT 59715 Applicant: Joe Mclendon 1000 Lurel Ranch Road Bozeman, MT 59715 Representative: Madison Engineering 924 Stoneridge Drive Suite 1 Bozeman, MT 59718 Date/Time: Before the Bozeman City Commission on Monday, October 22nd, 2007 at 6:00 p.m. in the Community Room, Gallatin County Courthouse, 311 West Main Street, Bozeman, Montana. CONSENT ITEM Report By: Martin Knight, Assistant Planner Recommendation: Approval with the terms of annexation PROJECT LOCATION & MAP The subject property is legally described as Lot 28 of the Gordon Mandeville State School Section Subdivision and the Maus Lane Right-of-Way adjacent to Lot 28; and located in the SE ¼ of Section 36, T1S, R5E, P.M.M., Gallatin County, Montana. The site is generally situated on the west side of Maus Lane, just north of the intersection of Maus Lane and Griffin Drive. The subject property is approximately 1.75 acres in size. Please refer to the aerial photograph provided at the end of the Staff Report and to the following vicinity map. 56 PROPOSAL AND BACKGROUND INFORMATION The applicant has made application to the Bozeman Planning Department to annex the 1.75-acre subject property to the corporate limits of the City of Bozeman and to establish an initial municipal zoning designation (ZMA Application #Z-07208) of M-1 (Light Manufacturing District). The subject property is currently vacant. No watercourses, wetlands, trails, or similar features are found on the subject properties. This application is being reviewed concurrently with a Zone Map Amendment application (#Z-07208) for the subject properties. The purpose of the annexation and zone map amendment requests is to extend municipal water and sanitary sewer infrastructure to the property and obtain pubic services (i.e., police and fire) in order to develop at urban densities as outlined in the Bozeman 2020 Community Plan. No public comment has been received to date. ZONING DESIGNATION & LAND USES Again, the subject property is currently vacant. The applicants propose a Zone Map Amendment to establish an initial municipal zoning designation of M-1 (Light Manufacturing District). The intent of the M-1 district is to provide for the community’s needs for wholesale trade, storage and warehousing, trucking and transportation terminals, light manufacturing and similar activities. The district should be oriented to major transportation facilities yet arranged to minimize adverse effects on residential development, therefore, some type of screening may be necessary. The existing land uses and current zoning designations located in the immediate area of the subject property are: North: Warehousing/light manufacturing uses; annexed and zoned M-1(Light Manufacturing District). South: Warehousing/light manufacturing uses; annexed and zoned M-1 (Light Manufacturing District). East: Warehousing/light manufacturing uses; annexed and zoned M-2 (Manufacturing and Industrial District). Sundance Business Park II Annexation Staff Report, #A-07005 2 57 West: Midwest Industrial/industrial uses; annexed and zoned M-1 (Light Manufacturing District). GROWTH POLICY DESIGNATION The subject property is currently designated as “Industrial” on the Future Land Use Map of the Bozeman 2020 Community Plan. The “Industrial” 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 within 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. 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 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 1.75-acre subject property is totally 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. 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 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 subject property lies within the Bozeman 2020 Community Plan planning boundary, and the “Capital Facilities Overlay District” (Figure 6-2). The “Capital Facilities Overlay District” is intended to establish a priority area for development within the larger scope of the Bozeman 2020 Community Plan future land use plan. It designates an area within the Sundance Business Park II Annexation Staff Report, #A-07005 3 58 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 2020 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 recommended terms of annexation includes requiring waivers of right-to-protest against the creation of improvement districts for both street improvements along Griffin Drive, and signalization improvements to the intersection of Griffin Drive and North 7th Avenue. 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 designed Industrial in the Bozeman 2020 Community Plan. This annexation, and the zoning proposed (#Z-07208), 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. The applicant has applied for a Zone Map Amendment (#Z-07208) to establish an initial municipal zoning designation of M-1 (Light Manufacturing District) on 1.75- acres. The Zoning Commission held a public hearing on the Zone Map Amendment application on Tuesday, October 16th, 2007, and voted 3-0 on 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-1 (Light Manufacturing 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. Sundance Business Park II Annexation Staff Report, #A-07005 4 59 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 Maus Lane, which is currently a semi- improved (portions improved to City standards) asphalt roadway. 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. These improvements will include bringing Maus Lane up to City Standards for local streets (paved, curb/gutter, sidewalks, etc). 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. This policy is not applicable to this annexation. 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 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 Sundance Business Park II Annexation Staff Report, #A-07005 5 60 faculties, etc.) to the site under consideration. This would include language that advises the developer of the potential need for a comprehensive design report evaluating existing capacity of water and sewer utilities, storm water master plan facilities, and anticipated traffic impacts. At such time that any subdivision or site plan proposal is considered by the City of Bozeman, the extension of services will be determined in detail based upon the type of land uses and urban densities being reviewed by the advisory and decision-making bodies. The D.R.C. 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 subdivision or site plan review. The City Engineer’s Office recommends that the applicant execute waivers of right-to- protest creation of Special Improvement Districts for improvements for 1) Signalization improvements to the intersection of Griffin Drive and North 7th Avenue and 2) street improvements to Griffin Drive. Waivers of right to protest creation of Special Improvement Districts shall be executed and filed with the Annexation Agreement. 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 densities. The terms of annexation specify 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. 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 terms of annexation specify that at the time of connection to the City’s water and sewer facilities, the landowners shall pay all applicable water and sewer impact fees. Furthermore, 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 Sundance Business Park II Annexation Staff Report, #A-07005 6 61 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 Again, no public comment has been received. Any comments received after the writing of the Staff Report will be distributed to Commissioners at the public meeting. 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) Water rights, or cash-in-lieu of, in the amount determined by the City Engineer, must be provided prior to execution of the Annexation Agreement. 2) At the time of connection to the City’s water and sewer facilities, the landowners shall pay all applicable water and sewer impact fees. 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, Bozeman Municipal Code. Sundance Business Park II Annexation Staff Report, #A-07005 7 62 3) An Annexation Map, titled “Sundance Business Park II Annexation Map” with a legal description of the property and any adjoining annexed and/or unannexed 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. 4) The Final Annexation Map and legal metes and bounds descriptions shall include the full width of the adjacent Maus Lane right-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. 5) That the applicant executes all contingencies and terms of said Annexation Agreement with the City of Bozeman within 60 days of the receipt of the annexation agreement, or annexation approval shall be null and void. 6) The landowner acknowledges and agrees that future development will comply with the goals and policies of the Bozeman 2020 Community Plan, and having recognized the City’s concern for implementation of progressive urban design guidelines outlined in the Bozeman 2020 Community Plan for both community and neighborhood design, a Master Plan of the land use patterns and types for development of the property that addresses compatibility with and sensitivity to the immediate environment of the site and the adjacent neighborhoods relative to architectural design, building mass and height, neighborhood identity, landscaping, historical character, orientation of buildings, and visual integration shall be provided with the signed annexation agreement. Engineering: 7) Unless otherwise filed with property, the Applicant shall provide and file with the County Clerk & Recorder executed Waivers of Right to Protest Creation of SIDs for the following: 1 Signalization improvements to the intersection of Griffin Drive and N 7th Ave. 2 Street Improvements, including but not limited to paving, curb/gutter, sidewalk and storm drainage facilities for Griffin Drive. 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. 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. Sundance Business Park II Annexation Staff Report, #A-07005 8 63 CC: Westlake Holdings, 2320 N. 7th Avenue, Bozeman, MT 59715 Joe Mclendon, 1000 Lurel Lane, Bozeman, MT 59715 Madison Engineering, 924 Stoneridge Drive Suite 1, Bozeman, MT 59718 Attachments: Aerial Photograph Applicant Submittal Materials Sundance Business Park II Annexation Staff Report, #A-07005 9 64 65 66 67 68 69 70 71