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HomeMy WebLinkAbout10-09-17 City Commission Packet Materials - A1. Noyes AnnexationPage 1 of 12 17422, Staff Report for the Noyes Annexation Public Hearing Date: City Commission meeting is on October 9, 2017 Project Description: Annexation of 0.84 acres and with amendment of the City Zoning Map for the establishment of a zoning designation of R-2, Residential Medium Density Two Household District to follow later. Project Location: 1200 Bridger Drive Recommendation: Approval of Resolution 4829 and associated annexation agreement including recommended terms of annexation and contingencies. Recommended Annexation Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the annexation staff report for application 17422 and move to approve the Noyes Annexation with recommended terms of annexation, direct the City Manager to sign the annexation agreement, and adopt Resolution of Annexation 4829. Report: September 28, 2017 Staff Contact: Chris Saunders, Community Development Manager Agenda Item Type: Action - Legislative EXECUTIVE SUMMARY Unresolved Issues None. Project Summary Annexation of 0.84 acres to enable access to municipal water and sewer services. There is one existing home of the property. No additional development is proposed in conjunction with this application. Due to concern regarding adequate sanitation on the site, the annexation and zone map amendment processes have been divided. The annexation will proceed first to enable the applicants, upon completion of annexation, to connect to municipal water and sewer before the ground freezes for winter. The associated zone map amendment will follow; after consideration by the Zoning Commission. City Commission action on the zone map amendment is scheduled for October 23, 2017. 214 Staff Report for the Noyes Annexation Page 2 of 12 A completed and executed annexation agreement is presented for consideration by the City Commission. The applicants have agreed to all terms requested by the DRC. If the terms are acceptable to the City Commission, then the City Manager can sign the agreement and connection to services can proceed. If the Commission directs different terms the agreement can be revised before signature. Alternatives As identified by the City Commission. TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 1 Unresolved Issues ............................................................................................................... 1 Project Summary ................................................................................................................. 1 Alternatives ......................................................................................................................... 2 SECTION 1 - MAP SERIES .................................................................................................... 3 SECTION 2 - RECOMMENDED TERMS OF ANNEXATION ............................................ 5 SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 7 Annexation .......................................................................................................................... 7 SECTION 4 - ANNEXATION STAFF ANALYSIS AND FINDINGS .................................. 7 APPENDIX A - NOTICING AND PUBLIC COMMENT .................................................... 11 APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 11 APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 11 FISCAL EFFECTS ................................................................................................................. 12 ATTACHMENTS ................................................................................................................... 12 215 Staff Report for the Noyes Annexation Page 3 of 12 SECTION 1 - MAP SERIES 216 Staff Report for the Noyes Annexation Page 4 of 12 217 Staff Report for the Noyes Annexation Page 5 of 12 SECTION 2 - RECOMMENDED TERMS OF ANNEXATION The following terms of annexation are recommended to enable the application to comply with the City’s Annexation Policy and the requirements of state law for the provision of services. An annexation agreement incorporating these recommended terms has been prepared and has been signed by the applicants. If the City Commission finds these terms acceptable the annexation agreement can be signed by the City and immediately executed. Recommended terms of annexation: 1. The documents and exhibits to formally annex the subject property must be identified as the “Noyes Annexation.” 2. An Annexation Map, titled “Noyes Annexation Map” with a legal description of the property and any adjoining unannexed rights-of-way and/or street access easements must be submitted by the applicant for use with the Annexation Agreement. The map must be supplied on a mylar for City records (18" by 24"), a reduced 8 ½" by 11" or 8 ½” by 14" exhibit for filing with the Annexation Agreement with the Office of the Gallatin County Clerk & Recorder, and a digital copy for the City Engineer’s Office. This map must be acceptable to the Director of Public Works and the City Engineer’s Office, and must be submitted with the signed Annexation Agreement. 3. The land owners and their successors must pay all fire, street, water and sewer impact fees at the time of connection; and for future development, as required by Chapter 2, Bozeman Municipal Code, or as amended at the time of application for any permit listed therein. 4. The applicant must execute at the Gallatin County Clerk & Recorder's Office in conjunction with the annexation, a waiver of right-to-protest creation of S.I.D.'s for a City-wide Park Maintenance District, which would provide a mechanism for the fair and equitable assessment of maintenance costs for City parks as part of the Annexation Agreement. 5. The Annexation Agreement must include notice that, prior to development, the applicant will be responsible for installing any facilities required to provide full municipal services to the properties in accordance with the City of Bozeman's infrastructure master plans and all City policies that may be in effect at the time of development. 6. If the Commission revises the terms of the proposed annexation agreement, the applicant must execute all contingencies and terms of said Annexation Agreement with the City of Bozeman within 60 days of the distribution of the annexation agreement from the City to the applicant or annexation approval shall be null and void. 218 Staff Report for the Noyes Annexation Page 6 of 12 7. The applicant must properly abandon the existing on-site septic tank and leach field prior to connection to the City sanitary sewer system. The applicant must report the abandonment to the City Water and Sewer Superintendent (John Alston) for inspection, and the applicant must report the abandonment to the Gallatin City County Health Department. In addition to abandonment of the septic tank and leach field, the applicant must demonstrate that the sanitary sewer service to the septic tank has been completely disconnected from the old septic system prior to connection to the City sanitary sewer system. 8. The applicant must properly abandon the existing on-site well prior to connection to the City water system. Alternatively, the applicant may use the well for irrigation. The applicant must completely disconnect the on-site well from the house prior to connection to the City water system to protect the City’s system from cross contamination. The applicant must contact the City Water and Sewer Superintendent to inspect the disconnect prior to connection of water service from the house to the City water system. 9. The applicant must pay cash in lieu of water rights to the City prior to annexation ($1,404). 10. The applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) for the following: a. Street improvements to Bridger Drive including paving, curb/gutter, sidewalk, and storm drainage b. Street improvements to Story Mill Road including paving, curb/gutter, sidewalk, and storm drainage c. Intersection improvements to Bridger Drive and Story Mill Road The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the applicant agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. 219 Staff Report for the Noyes Annexation Page 7 of 12 SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS Annexation Having considered the criteria established for an annexation, the Development Review Committee (DRC) voted on September 20 to recommend approval of the requested annexation. The City Commission will hold a public meeting on the annexation on October 9, 2017. The meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6 p.m. SECTION 4 - ANNEXATION STAFF ANALYSIS AND FINDINGS In considering applications for approval of the requested annexation, the advisory boards and City Commission shall consider the following: Commission Resolution No. 4400 Criteria Commission Resolution No. 4400 Goals Goal 1: It shall be the goal of the City of Bozeman to encourage annexations of land contiguous to the City. The property in question is contiguous to the City limits on the north and west. Goal 2: The City shall seek to annex all areas that are totally surrounded by the City, without regard to parcel size. The subject property is not wholly surrounded. 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 subject property is not presently contracting for water and sewer services. The property is within the Story Mill fire district which does contract for service with the city. The property owner’s wish to connect to municipal water and sewer 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 within the service boundary for both water and sewer facility plans and is within the growth area identified in the Bozeman Community Plan future land use map. Resolution No. 4400 Policies 220 Staff Report for the Noyes Annexation Page 8 of 12 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 requirements for waivers of right to protest improvements to the intersection of Story Mill Road and Bridger Drive. No right of way has been identified as necessary with this application. A waiver of right to protest a parks maintenance district is required to support adequate maintenance of parks serving this property. The water rights attributable to a single home are required with this application. Additional water rights will be required at the time of future annexation. 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 “Suburban Residential.” Within this designation urban zoning can be applied after annexation. Zoning approval will follow annexation approval. No change to the growth policy is necessary for this application. 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 17422 to establish an initial municipal zoning designation of “R-2, Residential Two Household Medium Density District.” 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 of “ R-2, Residential Two Household Medium Density 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 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 takes all access from Bridger Drive which is an MDT maintained state highway. 221 Staff Report for the Noyes Annexation Page 9 of 12 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 adequate and usable water rights, or an appropriate fee in lieu thereof, in accordance with Section 38.23.180 of the municipal code. The amount due at the time of annexation for water rights for the existing home is $1,404. The required payment has been received. 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 are available to adjacent properties. The property is within the Story Mill Fire District which contracts with the City for fire protection. The additional area will not cause an extraordinary burden on emergency services or infrastructure. Annexation will not inhibit or limit any previously approved development. Policy 7: It shall be the general policy of the City of Bozeman to require annexation of any contiguous property for which City services are requested or for which City services are currently being contracted. City water and sewer services are requested and are the motive for this application. Annexation will be completed prior to connection to services. General City services such as police response will immediately become available upon annexation. 222 Staff Report for the Noyes Annexation Page 10 of 12 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 Annexation Agreement. Typically, this includes an 18-inch by 24-inch mylar map, a reduced 8½-inch by 11 or 14-inch annexation map exhibit, and a digital copy containing the metes and bounds legal description of said property. (Mapping requirements are addressed in Recommended Term of Annexation #1). The required map has been provided. 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. No fee is due immediately upon annexation. The annexation agreement includes consent to pay applicable fees when they become due with applications for additional development or service connection. Policy 10: Public notice requirements shall be in compliance with Montana Code Annotated. In addition, notice shall be posted in at least one conspicuous location on the site in question, and mailed to all owners of real property of record within 200 feet of the site in question using the last declared county real estate tax records, not more than 45 days nor less than 15 days prior to the scheduled action to approve or deny the annexation by the City Commission, specifying the date, time and place the annexation will be considered by the City Commission. The notice shall contain the materials specified by Section 38.40.020.A&B.1, BMC. 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. The staff have prepared and the applicants have already executed an annexation agreement. It is presented with this report for final action by the Commission. If the Commission directs revisions then this requirement will be followed. Policy 12: When possible, the use of Part 46 annexations is preferred. This annexation is being processed under Part 46 provisions. 223 Staff Report for the Noyes Annexation Page 11 of 12 APPENDIX A - NOTICING AND PUBLIC COMMENT Notice was published in the Bozeman Daily Chronicle on September 17th and 24, 2017. Notice was mailed to property owners within 200 feet of the annexation area and the site was posted with a public notice. Notice was provided at least 15 and not more than 45 days prior to the Zoning Commission and City Commission public hearings. No public comments were received prior to this report being written. APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING Adopted Growth Policy Designation: The property is designated as “Suburban Residential” in the Bozeman Community Plan. Suburban Residential. This category indicates locations generally outside of City limits, but within the planning area, where a land development pattern has already been set by rural subdivisions. Subdivisions in this area are generally characterized by lots two acres in size or less. It is probable that portions of this area may be proposed for annexation within the next twenty years. The area is able to be served with municipal water and sewer services with appropriate extensions of main lines. Any further development within this area should be clustered to preserve functional open space. Individual septic and well services are discouraged. If development is proposed within reasonable access distances to waste water and water services, annexation to the City should be completed prior to development. Proposed Zoning Designation and Land Uses: The applicant has requested zoning of “Residential Two Household Medium Density District” (R-2 District) in association with the annexation of the property. The intent of the R-2 residential two-household medium density district is to provide for one- and two- household residential development at urban densities within the city in areas that present few or no development constraints, and for community facilities to serve such development while respecting the residential quality and nature of the area. There is a single detached home on the area to be annexed. No additional development is proposed at this time. APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF Owner/Applicant: David and Lynn Noyes, 1200 Bridger Drive, Bozeman, MT 59715 Representative: Stahly Engineering & Associates, 851 Bridger Drive, Ste. 1, Bozeman MT 59715. Report By: Chris Saunders, Community Development Manager 224 Staff Report for the Noyes Annexation Page 12 of 12 FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Resolution 4829 Annexation agreement and map Application materials 225 Page 1 of 4 RESOLUTION NO. 4829 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF CERTAIN CONTIGUOUS TRACTS OF LAND, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACTS. WHEREAS, the City of Bozeman received a petition for annexation from David W. and Lynn H. Noyes requesting the City Commission to extend the boundaries of the City of Bozeman so as to include an area of land containing 0.84 acres, located at 1200 Bridger Drive; and WHEREAS, David W. and Lynn H. Noyes is the current landowner of record of real property described in Book 149 of Deeds, Page 459 located in the Southwest Quarter of Section 32, Township 1 South, Range 6 East, Gallatin County, Montana, requesting the City Commission to extend the boundaries of the City of Bozeman; and WHEREAS, an annexation staff report was prepared in accordance with the Commission's goals and policies for annexation and was presented to the Commission on October 9, 2017; and WHEREAS, a public meeting on said annexation petition was duly noticed and held on October 9, 2017; and WHEREAS, the City did not receive any written protest from the real property owners of the area to be annexed; and 226 Resolution 4829, Noyes Annexation Page 2 of 4 WHEREAS, on October 9, 2017, the Commission approved the annexation and reviewed and approved the final annexation agreement and authorized City Staff and the Landowner to execute the documents; and WHEREAS, the provision of available services, including, but not limited to, streets, rights-of-way, easements, water rights or cash-in-lieu, waivers of protest against creation of SID's, and water and sewer hookup fees, to said contiguous tracts as described is the subject of a written agreement between the City and the Landowner; and WHEREAS, said tracts are known ass 1200 Bridger Drive and further described as shown in Book 149 of Deeds, Page 459 located in the Southwest Quarter of Section 32, Township 1 South, Range 6 East, Gallatin County, Montana; and WHEREAS, the Bozeman City Commission hereby finds that the annexation of this contiguous tract is in the best interests of the City of Bozeman and the inhabitants/owners thereof. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that: Section 1 That it is hereby declared that, pursuant to Title 7, Chapter 2, Part 46, Mont. Codes Ann., the following-described property, which is contiguous to the municipal boundaries of the City of Bozeman, be annexed to the City of Bozeman and that the boundaries of said City shall be extended so as to embrace and include such 0.84 acres, to wit: Legal Description An area of land described as follows: 227 Resolution 4829, Noyes Annexation Page 3 of 4 A tract of land in the Southwest Quarter of Section 32, Township 1 South, Range 6 East, M.P.M., Gallatin County, Montana, and being more particularly described by the following metes and bounds, to-wit: Beginning at a point which bears North 1°39' West a distance of 677.79 feet and North 89°55' East a distance of 230.45 feet from the southwest corner of Section 32, Township 1 South, Range 6 East; thence from said point of beginning and bearing North 0°05' West a distance of 212.03 feet to the south right of way of the Bridger Canyon Road as now laid out and constructed; thence North 89°55' East, along said right of way a distance of 173.05 feet; thence South 0°05' East a distance of 212.03 feet; thence South 89°55' West a distance of 173.05 feet to the point of beginning, containing 0.84 acres, more or less. SUBJECT to all easements of record or apparent from a visual inspection of the property. Section 2 The effective date of this annexation is October 10, 2017. 228 Resolution 4829, Noyes Annexation Page 4 of 4 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 9th day of October, 2017. _________________________________ CARSON TAYLOR Mayor ATTEST: _________________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 ANNEXATION CHECKLIST QUESTIONS 3 THROUGH 9 3. If the property is currently in agricultural use please identify current crops / conditions. a. The property is not currently in agricultural use. 4. Number of residential units existing on the property? a. 1 5. Number and type of commercial structures on the property? a. 0 6. Estimate of existing population of the property? a. 2 7. Assessed value of the property? a. $355,300.00 8. Existing on site facilities and utilities (gas, power, telephone, cable, septic systems, wells, etc.) a. There is a failed septic system and well no longer in use. b. The property is served with power and telephone utilities. 9. Any additional information that will be helpful in the City’s review of the application. a. The current homeowner residences, David and Lynn Noyes, are living in and plan to continue living in the existing house. They have been living without bathroom or water facilities for almost 2 months and with to remedy their situation by hooking on to City water and sewer services as soon as possible. ZONE MAP AMENDMENT REQUIREMENTS 1. Project Narrative a. Is the new zoning designed in accordance with the growth policy? How? i. Growth Policy documents identify the area adjacent to the subject tract as a R-1, R-2, R-S, and R-4. The intent of the growth policy in the area of proposed annexation is to provide a mixture of single family and higher density multi-family housing. With the planned Bridger View affordable housing project being zoned B-4 just to the west of the subject tract and R-2 around Story Mill just to the south, the subject tract will provide a good transition from R-4 to the R-S development to the east (Headlands Subdivision). ii. The intent of the R-2 residential two-household medium density district is to provide for one- and two-household residential development at urban densities within the city in areas that present few or no development constraints, and for community facilities to serve such development while respecting the residential quality and nature of the area. b. Will the new zoning secure safety from fire and other dangers? How? i. The current landowners have no immediate plans to use the property for anything other than what it is currently being used for. If annexation is approved, the property will be served by City services. ii. There is an existing fire hydrant at the northeast corner of the subject property, increasing fire protecting safety. c. Will the new zoning promote public health, public safety and general welfare? How? 269 i. Yes, by abandoning the existing septic and drain field system and hooking into City services. d. Will the new zoning facilitate adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? How? i. Use of the proposed parcel to be zoned will not change. The purpose of the proposed annexation is to facilitate adequate sewer and water provisions by getting served by City facilities. Currently, the occupants of the residence are not served with adequate water and sewer as the on-site facilities have failed. e. Will the new zoning provide reasonable provision of adequate light and air? How? i. Considering no change in use, this requirement is considered not applicable. There are no known light and air concerns currently. f. Will the new zoning have an effect on motorized and non-motorized transportation systems? How? i. No effect on motorized and non-motorized transportation systems will be felt. The property is currently served by access directly off Bridger Drive and residents plan to continue using this access. No additional motorized or non-motorized transportation facilities will be required. g. Does the new zoning promote compatible urban growth? How? i. Yes, please see Part a. of this narrative. h. Does the new zoning promote the character of the district? How? i. Yes, please see Part a. of this narrative. i. Does the new zoning address the affected area’s peculiar suitability for particular uses? How? i. There is no current use change proposed for the subject parcel. Currently serving as a single-family residence, the purpose of annexation is to be served by City water and sewer services. ii. Yes, the proposed R-2 zoning designation is suitable for adjacent areas; please see Part a. of this narrative. j. Was the new zoning adopted with a view to conserving the values of buildings? How? i. Yes, the applicant’s intent is to continue living in the house on site. Annexation will ensure their ability to do so and conserve the existing structure. k. Does the new zoning encourage the most appropriate use of land throughout the jurisdictional area? i. Yes, please see Part a. of this narrative. 270 271 272 273 274 275 276