HomeMy WebLinkAboutA3. Resolution 4608, Intent Annexation Cannery15268 Cannery District Annexation Application Page 1 of 14
Application 15268 Staff Report for the Cannery District Annexation
Public Hearing Date: City Commission meeting is on July 20, 2015
Project Description: Proposed annexation of 8.99 acres subject to the terms of a to be created
annexation district.
Project Location: The property is generally located northwest of the intersection of East Oak
Street and North Rouse Avenue, excepting already annexed and zoned properties. The
property is addressed as 101 East Oak Street and is legally described as Tract 1, 2 and 3
of COS 2877 A tract of Land being Tract 1 and Tract 2 of Correction COS 2128B and the
parcel known as COS 2548 all located in the Northwest One-Quarter of Section 6, T2S,
R6E, P.M.M., Gallatin County, Montana.
Recommendation: Approval
Recommended Motions:
Having reviewed the staff report, the application materials, considered public comment,
and considered all of the information presented, I hereby adopt the findings presented in
the staff report for application 15268 and move to approve Commission Resolution 4608,
declaring it the intent of the City Commission to (i) create the Cannery Annexation
District; (ii) approve the Annexation District Agreement for the Cannery District
Property (subject to final adoption of a resolution creating the district); and (iii) approve
the phased annexation of the Cannery District properties pursuant to the Annexation
Agreement.
Report Date: Wednesday, June 17, 2015
Staff Contact: Brian Krueger, Development Review Manager
Agenda Item Type: Action (Legislative)
EXECUTIVE SUMMARY
Unresolved Issues
The applicant proposes to establish an annexation district that provides the terms of annexation.
One of the stated purposes for the establishment of an annexation district is to allow some City
services to be provided under an annexation district agreement while deferring the date of actual
annexation.
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Project Summary
The Cannery District Partners, LLC have submitted an annexation application to the City with
the proposed annexation of the property be subject to the terms of an annexation agreement that
creates an annexation district on the property per 7-2-4625, MCA. State law authorizes an
incorporated city to create an annexation district outside of city jurisdiction. Property may only
be included in an annexation district through agreement between the city and the owner of the
property included in a district.
The agreement may specify the duration of the district, which may not exceed 10 years. The city
may provided city services specified in the agreement for a period not to exceed the life of the
district. The City and property owner may agree to terms for the payment of those services. The
statute states that unless the agreement provides otherwise the property in the district is annexed
after the period specified in the agreement and the district is dissolved.
An annexation district has not been created in the State of Montana under the statute since its
inclusion in the Montana Code Annotated in 2001. The Cannery District Annexation District
would be the first of its kind.
The applicant and City staff first presented the proposed use of an annexation district for this
property to the City Commission in October, 2014 when the Commission reviewed a concept
planned unit development for a multiphase mixed use development to complement the existing
Northside PUD project directly at the corner of East Oak Street and North Rouse Avenue.
The City Commission is the decision making authority for annexation applications, a public
hearing is required prior to a decision. The public hearing is scheduled for July 20, 2015. A
resolution of intent to annex must be passed in order to proceed to the public hearing. Adoption
of the resolution of intent will declare it the intent of the City Commission to create the Cannery
Annexation District, authorize the execution of the Annexation District Agreement for the
Cannery Annexation District (the “Annexation Agreement”), provide for certain city services to
the Annexation District prior to annexation, and require annexation upon the happening of
certain events.
The Annexation Agreement controls the operation of the Annexation District and provides for
the phased annexation of the Cannery District properties pursuant to certain terms and
conditions. Below are the major elements of the Annexation Agreement as presented to the
Commission for consideration:
• The Annexation District will consist of three separate tracts of record, each with a
different timing for annexation;
• Phase 1 of the Cannery District consists of the existing structures and will be annexed
pursuant to Section 3(a) of the Agreement (not later than one year after the date when all
of the presently existing buildings in Phase 1 (Buildings E, F, G, and H have been
restored and renovated by Cannery Partners) and the rentable space in the buildings has
either been leased and occupied or sold to third parties;
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• Phase 1 must annex at the end of seven years even if portions of the buildings remain
unleased or unsold;
• Phase 2 of Cannery Partners project is already within City limits;
• Phases 3 and 4 will annex commensurate with development of the phases (see Section
3(b);
• City will provide certain services to the unannexed properties during the term of the
Annexation District, including:
o Fire protection and inspection services (Section 5(a) of the Annexation
Agreement);
o Water, Sewer, and Stormwater services (Section 5(b) of the Annexation
Agreement);
o Development review services (Section 5(c) of the Annexation Agreement);
• Property owner will pay impact fees in accordance with Section 7 of the Annexation
Agreement and address water rights in accordance with Section 8; and
• Property owner will pay the City an annual fee $6,500.00 per year for services provided
by the City under the agreement (this is in addition to standard rates for services).
During the public hearing on this agenda item, the City Attorney and Assistant City Manager
will be available to discuss the terms and conditions.
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Alternatives
1. Declare it the intent of the City to approve the application by adopting Resolution 4608;
2. Declare it the intent of the City to approve the application by adopting Resolution 4608
with conditions;
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 Resolution of Intent, with specific direction
to staff or the applicant to supply additional information or to address specific items.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 1
Unresolved Issues ............................................................................................................... 1
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Project Summary ................................................................................................................. 2
SECTION 1 - MAP SERIES .......................................................................................................... 6
SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL ............................................ 8
SECTION 3 - CODE REQUIREMENTS REQUIRING CORRECTIONS ................................... 8
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS .............................................. 8
SECTION 5 - STAFF ANALYSIS and findings ............................................................................ 8
Resolution 3907 Criteria ..................................................................................................... 8
APPENDIX A – PROJECT SITE GROWTH POLICY............................................................... 12
APPENDIX B– DETAILED PROJECT DESCRIPTION AND BACKGROUND .................... 13
APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 13
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 13
FISCAL EFFECTS ....................................................................................................................... 13
ATTACHMENTS ......................................................................................................................... 14
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SECTION 1 - MAP SERIES
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SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL
Recommended Conditions of Approval:
1. None.
SECTION 3 - CODE REQUIREMENTS REQUIRING CORRECTIONS
A. None.
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS
The Commission acknowledged receipt of the annexation application on the consent agenda on
June 8, 2015. Having considered the criteria established for an annexation, the Development
Review Committee (DRC) voted on June 10, 2015 to recommend approval of the annexation. A
resolution of intent to annex has been prepared and is on the Commission action item agenda for
June 22, 2015. A concurrent zone map amendment is being processed with proposed initial B-2,
Community Business District zoning for the property under consideration. Public notice has
been provided for the annexation and zone map amendment applications. The Commission is
scheduled to hold a public hearing on the application on July 20, 2015 if the resolution of intent
is passed on June 22, 2015.
SECTION 5 - STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application materials,
municipal codes, standards, and plans, public comment, and all other materials available during
the review period. Collectively this information is the record of the review. The analysis is a
summary of the completed review.
In considering applications for approval of the requested annexation, the advisory boards and
City Commission shall consider the following:
Resolution 3907 Criteria
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 on the north, south, east and west sides
of the property.
Goal 2: The City shall seek to annex all areas that are totally surrounded by the City,
without regard to parcel size.
The property is surrounded by the City.
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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 property is currently receiving sewer and water services.
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 is proposed for commercial development. The property is located within the
City’s water and sewer service area and is within the identified growth area for the City on
Figure 3-1 of the Bozeman 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 annexation district includes provisions addressing these requirements through the terms of
the Annexation Agreement.
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 designated as community commercial mixed use on Figure 3-1 of the growth
policy. The B-2 zoning requested in conjunction with annexation is consistent with this
designation. No growth policy amendment is required.
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 concurrent Zone Map Amendment to establish an initial
municipal zoning designation of 8.99 acres as B-2, Community Business District, the Zoning
Commission is scheduled to hold a public hearing on the zone map amendment on July 7, 2015.
c. The applicant may indicate his or her preferred zoning classification as part of the annexation application.
The applicant/owner has indicated that they prefer a zoning designation B-2, Community
Business District and that item is addressed under that respective agenda item and packet
materials.
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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 application processing and review fees accompanied the application.
Policy 4: It shall be the general policy of the City that annexations will not be approved where unpaved county roads will be the most commonly used route to gain access to the property.
The property proposed for annexation may require extensions and improvements to existing
streets as part of the planned unit development review process. There are no unpaved county
roads used to access the property.
Note: The annexation and the placement of a zoning district designation on the property by the
City does not guarantee available services. Section 38.07.010.C of the Unified Development
Code states: “Placement of any given zoning district on an area depicted on the zoning map
indicates a judgment on the part of the city that the range of uses allowed within that district are
generally acceptable in that location. It is not a guarantee of approval for any given use prior to
the completion of the appropriate review procedure and compliance with all of the applicable
requirements and development standards of this chapter and other applicable policies, laws and
ordinances. It is also not a guarantee of immediate infrastructure availability or a commitment on
the part of the city to bear the cost of extending services”.
Policy 5: Prior to annexation of property, it shall be the policy of the City of Bozeman to acquire 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.
The property is of a size that allows deferral of payment until future development as authorized
by Section 38.23.180, BMC. The annexation district agreement includes a provision addressing
this requirement.
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.
City infrastructure and emergency services can be provided upon execution of the annexation
district. The City provides services to adjacent properties at this time. This property does not
intrude on capacity reserved for another property.
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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.
The applicant intends to develop the property in phases and over time. This will require
municipal services in the future. No services are currently being contracted. Water and sewer
service has been provided to the City since approximately 1926. The provision of immediate fire
service and future municipal services is the primary focus of the annexation district agreement
which establishes the basic responsibilities for the owners and the City.
Policy 8: The annexation application shall be accompanied by mapping to meet the
requirements of the Director of Public Works.
Mapping to meet the requirements of the Director of Public works must be provided with the
Final 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.
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.
There are existing buildings on the site. Impact fees will be paid in accordance with the
annexation district agreement.
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, 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.
Notice was also included as part of the related zoning change.
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.
The annexation district agreement has been provided. The applicant has chosen to proceed more
quickly than usual and has provided the necessary mapping, and other items required. Therefore
the annexation agreement has already been written and is included with the packet for this
application.
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Policy 12: When possible, the use of Part 46 annexations is preferred.
This annexation is being processed under Part 43 provisions.
APPENDIX A – PROJECT SITE GROWTH POLICY
Adopted Growth Policy Designation: The growth policy designation for the amendment area
and the surrounding area is Community Commercial Mixed Use which is defined as:
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.
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.
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APPENDIX B– DETAILED PROJECT DESCRIPTION AND BACKGROUND
Project Description
The Cannery District property adjacent to the existing Northside PUD has split jurisdiction
between the City of Bozeman and Gallatin County. The property owners are developing the site
under the split jurisdiction. The development includes the reuse and rehabilitation of the existing
structures on the site, the construction of new structures, and the development of common
parking areas and open spaces. The proposed uses for the site include health and exercise,
personal and convenience services, retail, office, light manufacturing, and restaurants. The City
portion of the property is zoned B-2, Community Business District. The land use designation
within the Bozeman Community Plan for the entirety of the property is Community Commercial
Mixed Use. The history of the property is varied, but includes the buildings associated with the
historic 1917 Bozeman Canning Company Pea Cannery operations. City sewer and water were
extended into these properties under County jurisdiction in 1926.
In October, 2014 the Commission reviewed a concept planned unit development application for
the entirety of the property. The proposed development included zero lot line building pad lots
within common parking area lots with significant interconnected pedestrian and vehicular
circulation. During the review of the concept plan staff and the applicant introduced the
Commission to the idea of utilizing an annexation district to provide continued water and sewer
service and new city services to the property while phasing the annexation of the property to a
future date.
The current annexation application includes the results of continued collaboration between City
staff and the property owners. The executed annexation district agreement in the application
provides the terms and conditions of the provision of City services and timing of annexation.
APPENDIX C – NOTICING AND PUBLIC COMMENT
Noticing was provided pursuant to Section 38.40.030, BMC. Notice was sent to property owners
within 200 feet of the exterior boundaries of the property via USPS first class mail at least 15 and
not more than 45 days prior to the expected decision by the City Commission. Notice was
published in the Bozeman Daily Chronicle and the site was posted.
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF
Owner/Applicant: Cannery District Partners LLC, 1006 West Main Street Bozeman, MT
59715
Representative: Comma Q Architecture 109 North Rouse Avenue #1 Bozeman, MT 59715
Report By: Brian Krueger, Development Review Manager
FISCAL EFFECTS
No unusual fiscal effects have been identified.
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ATTACHMENTS
1. Applicant’s submittal materials
2. Resolution 4608 – a resolution of the Bozeman City Commission declaring its intent to
create the Cannery Annexation District, authorize the adoption of the Annexation
Agreement, and the phased annexation of the Cannery District properties.
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street.
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Page 1 of 6
COMMISSION RESOLUTION NO. 4608
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY DESCRIBED, TO
CREATE THE CANNERY ANNEXATION DISTRICT TO EXTEND THE
BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACTS WITHIN THE CORPORATE LIMITS THEREOF PURSUANT TO THE PROVISIONS OF THE ANNEXATION DISTRICT AGREEMENT FOR THE CANNERY DISTRICT PROPERTY.
WHEREAS, there has been presented to the City Commission of the City of Bozeman a written
application from Cannery District Partners, L.L.C., owner of the tracts sought to be annexed herein,
requesting the City Commission create an annexation district for the purpose of extending the boundaries
of the City of Bozeman so as to include within the boundaries of the City of Bozeman, Montana, pursuant
to the terms of the annexation district, certain contiguous tracts of land lying generally northwest of the
intersection of East Oak Street and North Rouse Avenue, excepting already annexed and zoned properties.
WHEREAS, the legal description of the contiguous tracts, in the County of Gallatin, State of
Montana, is as follows:
Tract 1, 2 and 3 of COS 2877 A tract of Land being Tract 1 and Tract 2 of Correction COS
2128B and the parcel known as COS 2548 all located in the Northwest One-Quarter of Section
6, T2S, R6E, P.M.M., Gallatin County, Montana.
WHEREAS, the tracts contain 8.99± acres of land, more or less, along with and subject to all
existing easements of record or of fact; and
WHEREAS, the above-described tracts are the subject of plats or Certificates of Survey, filed
in the office of the Gallatin County Clerk and Recorder's Office; and
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Page 2 of 6
WHEREAS, an annexation staff report has been prepared and submitted to the Commission;
and
WHEREAS, the Commission has duly reviewed and considered said written annexation staff
report; and
WHEREAS, Cannery District Partners, LLC has submitted the attached Annexation District
Agreement for Cannery District Property which creates the terms, conditions, and timing for the provision
of services by the City to the Cannery Annexation District and the annexation of the tracts herein
described;
WHEREAS, prior to creation of the Cannery Annexation District and the annexation of the
above described tracts, an agreement between the City and the owner of said tract addressing issues that
are in the best interests of the City of Bozeman, such as, but not limited to, rights of way, public street and
utility easements, water rights or cash-in-lieu, waivers of right to protest creation of Special Improvement
Districts, impact fees, water and sewer hookup fees, sewer and water capacity analysis, annexation
timing, interim provision of services, impact fees and traffic impacts to said contiguous tract and other
parcels directly affected or impacted by this annexation, shall be fully executed; and
WHEREAS, it will be in the best interests of the City of Bozeman and the inhabitants thereof
and of the inhabitants of the contiguous tracts hereinbefore described to create the Cannery Annexation
District and extend the boundaries of the City of Bozeman so as to include said contiguous tract of land
hereinbefore described within the corporate limits of said City of Bozeman, Montana pursuant to the
terms of the attached Annexation District Agreement for the Cannery Annexation District (the
“Annexation Agreement”).
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana:
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Page 3 of 6
Section 1
That it is hereby declared, subject to the condition that the provision of the services to the
contiguous tract hereinbefore described will be the subject of a mutual agreement between the City of
Bozeman and the real property owners of the tract, that it is in the best interests of the City of Bozeman
and the inhabitants thereof and of the inhabitants of said contiguous tract that the boundaries of said City
of Bozeman be extended by creation of the Cannery District Annexation pursuant to Section 7-2-4625,
MCA, so as to include the contiguous tract hereinbefore described within the boundaries and corporate
limits of the City of Bozeman, Montana pursuant to the terms of the Annexation Agreement, included
herein as Attachment A.
Section 2
That the regular session of the Commission of the City of Bozeman, Montana, to be held in the
Commission Room in Bozeman City Hall on the 20th Day of July, 2015, is hereby designated as the time
and place at which comments in favor of or opposed to the creation of the Cannery Annexation District,
the authorization for the Mayor to sign the Annexation Agreement, and the phased annexation of the
property will be heard by the Commission.
Section 3
Pursuant to Section 7-2-4312, M.C.A., the Clerk of the City Commission shall:
a. Immediately notify in writing, addressed to the address to which tax notices
are sent, all owners and purchasers under contract for deed of the property
in said contiguous tract to be annexed; and
b. Cause a notice to be published in the Bozeman Daily Chronicle, the
newspaper nearest the parcel of land to be embraced within the corporate
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limits and boundaries of the City of Bozeman, at least once a week for two
successive weeks.
Section 4
The notice to be given by the City Clerk shall be to the effect that such resolution has been duly
and legally passed, and that the City Clerk will receive written comments of approval or disapproval of
the proposed creation of the Cannery Annexation District, the approval of the Annexation Agreement, and
the extension of the boundaries of the City of Bozeman from real property owners of the area proposed to
be annexed, and that the written comments, if any, must be filed with the City Clerk not later than 5:00
p.m. on July 17th, 2015.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 22nd Day of June, 2015.
____________________________________
JEFFREY K KRAUSS Mayor
ATTEST:
____________________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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Resolution 4608, Intent to Create Cannery Annexation District
N O T I C E
NOTICE IS HEREBY GIVEN that at a regular session of the Commission of the City of
Bozeman held on the 22nd Day of June, 2015, Commission Resolution No 4608 was duly and regularly
passed and adopted. Said Resolution is entitled:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE
INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF
BOZEMAN, AND HEREIN MORE PARTICULARLY DESCRIBED, TO CREATE THE CANNERY ANNEXATION DISTRICT TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACTS WITHIN THE CORPORATE LIMITS THEREOF
PURSUANT TO THE PROVISIONS OF THE ANNEXATION DISTRICT
AGREEMENT FOR THE CANNERY DISTRICT PROPERTY.
The 8.99± acres of real property, proposed for annexation by Cannery District Partners, LLC,
lying generally northwest of the intersection of East Oak Street and North Rouse Avenue, excepting
already annexed and zoned properties, in the County of Gallatin, State of Montana, is described as
follows:
Tract 1, 2 and 3 of COS 2877 A tract of Land being Tract 1 and Tract 2 of Correction COS
2128B and the parcel known as COS 2548 all located in the Northwest One-Quarter of Section 6, T2S,
R6E, P.M.M., Gallatin County, Montana.
For a period of twenty (20) days following the first publication of this Notice, the Bozeman City
will receive comments, in writing, of approval or disapproval of the proposed creation of the Cannery
Annexation District, the proposed Annexation District Agreement which describes the services provided
by the City and the phased timing of annexation, and the extension of the boundaries of the City of
Bozeman from the real property owner of the area proposed to be annexed. The deadline for this written
comment is 5:00 p.m. on July 17, 2015. In addition, a public hearing shall be held on the 20th Day of July,
2015 at 6:00 p.m. in the Commission Room of Bozeman City Hall, at 121 North Rouse Avenue,
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Resolution 4608, Intent to Create Cannery Annexation District
Bozeman, Montana, for the purpose of hearing testimony in support of or in opposition to the creation of
the Cannery Annexation District and the phased annexation of the above-described real property.
DATED this 23rd day of June, 2015.
____________________________________
Stacy Ulmen, CMC
Bozeman City Clerk
Publish: Sunday June 28, 2015
Sunday July 5, 2015
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6/12/2015 7-2-4625. Annexation district.
http://leg.mt.gov/bills/mca/7/2/7-2-4625.htm 1/1
7-2-4625. Annexation district. An incorporated city or town may create an annexation districtoutside of the city or town. Territory may be included in an annexation district only upon an agreement
between the city or town and the owner of the property included in a district. The agreement may specify
the duration of the district, which may not exceed 10 years. A city or town may provide the servicesspecified in the agreement between the city or town and the property owner to the property in the district.
The city or town may impose a tax levy or a fee on the owner of the property within the annexationdistrict based upon the difference between the municipal levy or fee and the nonmunicipal levy or fee. By
the end of the period specified in the agreement, the levy or fee must be the full amount that a resident ofthe city or town would pay in the year that the property is annexed. Unless the agreement providesotherwise, the property in the district is annexed after the period specified in the agreement, and the
district is dissolved. A delinquency in a payment by the owner of property in the annexation district iscollectible in the same manner that other delinquent taxes or fees are collectible.
History: En. Sec. 1, Ch. 324, L. 2001.
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CANNERY DISTRICT PARTNERS, LLC • 1006 WEST MAIN STREET • BOZEMAN, MT 59715
May 26, 2015
Wendy Thomas, Planning Director
Department of Community Development
City of Bozeman
20 East Olive Street
Bozeman, Montana 59715
Re: Applications for Annexation and Zone Map Amendment – Cannery District
Dear Ms. Thomas:
Enclosed please find Forms A1 (Development Review Application), ANNX (Annexation and Initial Zone
Map Amendment Required Materials), and N1 (Noticing Materials), together with a filing fee in the
amount of $1,505.00. Cannery District Partners, LLC (“CDP”), the owner of the affected property,
submits these materials, and the various materials attached and referenced therein, in application for
annexation and a zone map amendment of the portion of the Cannery District properties (described in the
application materials) presently lying outside the City of Bozeman’s corporate limits and within Gallatin
County.
This application for annexation is somewhat unique in that it seeks formation of an annexation district
pursuant to the provisions of Montana Code Annotated §7-2-4625. As you know, CDP and members of
the City of Bozeman’s staff have been discussing and negotiating the terms and conditions of an
annexation district agreement for the Cannery District property over the past several months. The
enclosed Annexation District Agreement for Cannery District Property (Rev. 5-22-2015) (the
“Agreement”) documents the agreement reached, subject to review and approval by the Bozeman City
Commission. Your Department’s Form ANNX does not specifically contemplate formation of an
annexation district and staged annexation. Consequently, CDP submits its application for annexation and
a zone map amendment with the understanding and intention that the Agreement is an integral part of this
application, and, to the extent there are inconsistencies between the Agreement and the Department’s
forms and information contained therein, the provisions of negotiated Agreement shall control.
As you may recall from prior discussions, the annexation district agreement provides that annexation of
Phases 1, 3, and 4 of the Cannery District (Phase 2 is already within the City limits) will occur in three
stages over a period up to but not exceeding the annexation district’s 7-year term. Paragraph 3(c) of the
agreement further provides that annexation of each phase will be “self-operating” upon the occurrence of
triggering events set out in Paragraphs 3(a) and 3(b) of the agreement, without further administrative
review. For that reason, we have made every effort to submit with this application all information that the
Department will require to review the prospective annexation of all three phases and make
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Development Review Application A1 Page 1 of 3 Revision Date 4-27-15
Required Forms: Varies by project type Recommended Forms: Presentation of submitted plans and specifications
CITY OF BOZEMAN
DEPARTMENT OF COMMUNITY DEVELOPMENT
DEVELOPMENT REVIEW APPLICATION
1. PROJECT
Development
Name:
Description:
2. PROPERTY OWNER
Name:
Full Address:
Phone:
Email:
3. APPLICANT
Name:
Full Address:
Phone:
Email:
4. REPRESENTATIVE
Name:
Full Address:
Phone:
Email:
5. PROPERTY
Full Street Address:
Full Legal Description:
Current Zoning:
Current Use:
Community Plan Designation:
A1
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Development Review Application A1 Page 2 of 3 Revision Date 4-27-15
Required Forms: Varies by project type Recommended Forms: Presentation of submitted plans and specifications
Overlay
District: Neighborhood Conservation Entryway Corridor None
Urban Renewal
District:
Downtown North 7th Avenue Northeast None
6. STATISTICS (ONLY APPLICATION TYPES 2-12, 17, 25 AND 27)
Gross Area: Acres: Square Feet:
Net Area: Acres: Square Feet:
Dwelling
Units:
Nonresidential Gross Building
Square Feet:
7. APPLICATION TYPES
Check all that apply, use noted forms. Form Form
1. Pre-application Consultation None 17. Informal Review INF
2. Master Site Plan MSP 18. Zoning Deviation None
3. Site Plan SP 19. Zoning or Subdivision Variance
Z/SVAR
4. Subdivision pre-application PA 20. Conditional Use Permit CUP
5. Subdivision preliminary plat PP 21. Special Temporary Use
Permit
STUP
6. Subdivision final plat FP 22 Comprehensive Sign Plan CSP
7. Subdivision exemption SE 23. Zoning Verification ZV
8. Condominium Review CR 24. Regulated Activities in Wetlands
RW
9. PUD concept plan PUDC 25. Zone Map Amendment (non
Annexation)
ZMA
10. PUD preliminary plan PUDP 26. UDC Text Amendment ZTA
11. PUD final plan PUDFP 27. Growth Policy Amendment GPA
12. Annexation and Initial Zoning ANNX 28. Modification/Plan Amendment
MOD
13. Administrative Interpretation
Appeal
AIA 29. Extension of Approved Plan EXT
14. Administrative Project Decision
Appeal
APA 30. Reasonable
Accommodation
RA
15. Commercial Nonresidential COA CCOA 31. Other:
1 6. Historic Neighborhood Conservation Overlay COA
NCOA
8. APPLICATION FEES AND MATERIALS
A. Fees are to be provided based upon the adopted fee schedule FS. Contact our office for an
estimate.
B. Applications received by a rolling deadline of Wednesday at 5pm will be reviewed to determine if they are acceptable within five working days of the application deadline. Applications deemed acceptable for review will begin staff review immediately or be scheduled for Development Review Committee review in ten working days from the application deadline.
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Zone Map Amendment Required Materials ZMA Page 1 of 3 Revision Date 5-13-15
Required Forms: A1, N1 Recommended Forms: Presentation of submitted plans and specifications
CITY OF BOZEMAN
DEPARTMENT OF COMMUNITY DEVELOPMENT
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: $1,505
APPLICATION DEADLINES
Applications received by a rolling deadline of Wednesday at 5pm will be reviewed to determine if they are acceptable within five working days of the application deadline. Applications deemed acceptable for review will begin Development Review Committee review in ten working days from the application deadline.
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?
ANNX
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Zone Map Amendment Required Materials ZMA Page 2 of 3 Revision Date 5-13-15
Required Forms: A1, N1 Recommended Forms: Presentation of submitted plans and specifications
Yes No
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?
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?
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Comma-Q Architecture Cannery District - Zoning Map Amendment April 15, 2015
ANNX -- Annexation and Initial Zone Map Amendment Required Materials -- Zone Map
Amendment Requirements Narrative
a. Is the new zoning designed in accordance with the growth policy? How?
Yes. The Community Plan Land Use map shows the site planned to be Regional Commercial and
Services.
b. Will the new zoning secure safety from fire and other dangers? How?
Yes. The proposed zoning modification would group like uses together, facilitating orderly
response in case of emergencies. The location is within acceptable response times for
emergency services. Building codes will be applied to address necessary building exiting
requirements and similar issues. Any new construction will be designed to comply with
applicable codes and other standards for emergency services.
c. Will the new zoning promote public health, public safety and general welfare? How?
Yes. Public health and safety will be addressed by the development standards of Bozeman
Municipal Code, construction codes and similar guidance for development when future design
and construction occurs on the site. General welfare is promoted by maintaining and increasing
consistency of the zoning map with the Bozeman Community Plan.
d. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools,
parks, and other public requirements? How?
Yes. This proposal would allow Cannery District Partners to consider projects that create
better access for deliveries, traffic flow and fire access, and adequate parking.
e. Will the new zoning provide reasonable provision of adequate light and air? How?
Yes. The property located at the proposed zoning modification will be built to zoning
requirements of the Unified Development Code. These applicable setbacks, height and
buffering standards will ensure adequate light and air.
f. Will the new zoning have an effect on motorized and non- motorized transportation systems?
How?
Yes. This proposal allows Cannery District Partners to plan and undertake development
activity that is consistent with the Unified Development Code to improve general traffic flow.
g. Does the new zoning promote compatible urban growth? How?
Yes. The proposed zoning modification will allow the owner to consider projects that will
promote an increase in use of currently underutilized urban structures.
h. Does the new zoning promote the character of the district? How?
Yes. This proposed zoning modification allows Cannery District Partners to consider projects
that will maintain and enhance neighborhood vitality by utilizing urban land that has been
identified for commercial use.
i
Yes. The site is located along a major vehicular route, making it well suited for community
commercial use.
j. Was the new zoning adopted with a view to conserving the values of buildings?
Yes. The proposed zoning modification would allow the rehabilitation of historic buildings on
the site.
k. Does the new zoning encourage the most appropriate use of land throughout the jurisdictional
area?
Yes. This proposal established B-2 zoning at this property. B-2 is a zoning designation that
encourages appropriate use of land is consistent with the Bozeman Community Plan.
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