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HomeMy WebLinkAbout06-04-18 City Commission Packet Materials - C19. Resolution 4905, 2018 Park Place Zone Annexation1 REPORT TO: Mayor and City Commission FROM: Chris Saunders, Community Development Manager Martin Matsen, Director of Community Development SUBJECT: Adoption of Resolution 4905, the Park Place 2018 Zone Annexation of approximately 70.56 acres, Application 18056 MEETING DATE: June 4, 2018 AGENDA ITEM TYPE: Consent RECOMMENDATION: Adopt Resolution 4905, a resolution to annex into the City of Bozeman 70.56 acres located at the northwest corner of the intersection of Nelson Road and Interstate 90 Frontage Road. The property consists of three parcels of land. The legal description and a map of the property are attached. The applicant has met all terms of annexation. During the preparation of the annexation agreement the property changed ownership. The annexation agreement and associated documents correctly include the current land owner. BACKGROUND: The applicant submitted application 18056 to annex into the City and to apply a zoning classification of M-1, Light Manufacturing, to the subject property. City staff recommended approval of the application. On April 9, 2018, the City Commission held a public hearing and unanimously voted to annex the subject property subject to contingencies including an annexation agreement. During discussion, City Commissioners cited the compatibility of the M-1 classification with surrounding land uses and transportation facilities, the potential for job creation, and the potential to supply community services to residents near the property. All contingencies have been met by the applicant, including an approved annexation agreement. UNRESOLVED ISSUES: None determined at this time. ALTERNATIVES: 1) Adoption of Resolution 4905 as presented and recommended. 2) Determine that the prior decision to annex was in error and do not adopt the resolution. FISCAL EFFECTS: None Attachments: Resolution 4907 Annexation agreement Commission Memorandum 322 2 Report compiled May 18, 2018 323 Page 1 of 4 RESOLUTION NO. 4905 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 Barnard Investments, LLC on behalf of the landowners requesting the City Commission to extend the boundaries of the City of Bozeman so as to include an area of land containing approximately 70.56 acres, located at the northwest corner of the intersection of Nelson Road and Frontage Road (US 10); and WHEREAS, BarTimCo Properties, LLC, the current landowner of record of real property consisting of three parcels of land described as Tracts 1C and 1D of Certificate of Survey No. 1372B, located in the SE1/4 of S22, T1S, R5E, and the NE1/4 NE1/4; and the E1/2, E1/2, W1/2, NE1/4 of S27, T1S, R5E, Principal Meridian, Gallatin County, Montana, requested 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 April 9, 2018; and WHEREAS, a public meeting on said annexation petition was duly noticed and held on April 9, 2018; and 324 Resolution 4905, Park Place 2018 Annexation Page 2 of 4 WHEREAS, the City did not receive any written protest from the real property owners of the area to be annexed; and WHEREAS, on April 9, 2018, the Commission approved the annexation subject to contingencies, including an annexation agreement, which will be reviewed and approved prior to final annexation; 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 SIDs, and water and sewer hookup fees, to said contiguous tracts is the subject of a written agreement between the City and the Landowner; 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, M.C.A., 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 70.56 acres, to wit: Legal Description The property is located at the northwest corner of the intersection of Nelson Road and Frontage Road (US 10). The property is further described as: A description of land being Tract 1C and Tract 1D of Certificate of Survey No. 1372 B, located in the SE ¼ of Section 22; a 40’ wide County Road No. 259 Easement, located in the SW ¼ of Section 23; and a tract of land located in the 325 Resolution 4905, Park Place 2018 Annexation Page 3 of 4 NE ¼ NE ¼ of Section 27; situated in Township 1 South, Range 5 East, Principal Meridian, Gallatin County, Montana, more particularly described as follows: Beginning at the Northeast Corner of Section 27, also being the Southeast Corner of Tract 1C of Certificate of Survey No. 1372 B, the Point of Beginning; thence S.1°53’26”W. along the East line of Section 27 a distance of 836.91 feet to the Northeast Right-of-Way line of the Montana Rail Link Railroad; thence N.52°18’43”W. along said Railroad Right-of-Way a distance of 581.25 feet to the Right-of-Way of the Montana Department of Transportation Bargain and Sale Deed Document No. 2170717; thence N.37°41’29”E. along said Right-of-Way a distance of 0.70 feet; thence N.15°43’59”W. a distance of 81.76 feet; thence N.52°18’31”W. a distance of 98.49 feet; thence N.69°31’56”W. a distance of 166.95 feet to the Northeast Right-of-Way line of the Montana Rail Link Railroad; thence N.52°18’43”W. along said Railroad Right-of-Way a distance of 1613.49 feet; thence N.1°48’08”E. a distance of 712.83 feet; thence S.89°52’46”E. a distance of 2047.78 to the Northeast Corner of Tract 1C of Certificate of Survey No. 1372 B, also being the West Right-of-Way line of a 40’ wide County Road No. 259 Easement; thence S.87°59’02”E. a distance of 40.00 feet to the East Right-of-Way line of said County Road Easement; thence S.2°00’58”W. along said County Road Easement Right-of-Way a distance of 1412.22 feet; thence N.87°59’02”W. a distance of 40.00 to the Point of Beginning. The area of the above described parcel of land is 70.56 acres, more or less. Section 2 The effective date of this annexation is June 5, 2018. 326 Resolution 4905, Park Place 2018 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 4th day of June, 2018. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _________________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 ///////////////////////////////////////////////////////////////////////////X X X BT B T BT B T B T BTPETROPETROPETROPETRO/////////////////////////// ///XO H P O H P O H P O H P /// /// /// /// /// /// /// N G N G N G N G N G NG N G N G N G N G N G N G B T BT BT BTB T B T BT BTBTBTBTBTBTBTBTBTBTBT//////////////////////////////////////////////////////////////////O H P O H P O H P O H P///// /BTBTBTBTBTBTBTBTBTBTBT/////////////////////////////////////////////TV PP20'///////////////////////////////////////////////////////////////////////////X X X BT B T BT B T B T BTPETROPETROPETROPETRO/////////////////////////// ///XO H P O H P O H P O H P /// /// /// /// /// /// /// N G N G N G N G N G NG N G N G N G N G N G N G B T BT BT BTB T B T BT BTBTBTBTBTBTBTBTBTBTBT//////////////////////////////////////////////////////////////////O H P O H P O H P O H P///// /BTBTBTBTBTBTBTBTBTBTBT/////////////////////////////////////////////TV PP 60'60'40' 40'20'60'60'S89°52'46"E 1762.09'S89°52'46"E 255.67'N1°48'08"E 255.67'N1°48'08"E 457.16'N5 2 ° 1 8 ' 4 3 " W 1 1 3 3 . 9 7 ' N5 2 ° 1 8 ' 4 3 " W 4 7 9 . 5 2 ' N69°31'56"W 166.95' N52°18'31"W 98.49' N15°43'59"W 81.76' N37°41'29"E 0.70' N5 2 ° 1 8 ' 4 3 " W 5 8 1 . 2 5 ' S89°29'40"E 1123.19'N2°00'58"E 1412.22'S1°53'26"W 836.91'S89°52'46"E 30.02' N87°59'02"W 40.00'S2°00'58"W 1412.22'S87°59'02"E 40.00' 60'95'95'95'F R O N T A G E R O A D NELSON ROADWIND MILL 18" CORRUGATED METAL CULVERT 18" CORRUGATEDMETAL CULVERT 24" CORRUGATED METAL CULVERT 18" CORRUGATED METAL CULVERT YELLOWSTONE PIPELINE COMPANY RIGHT-OF-WAY EASEMENT PER BOOK 113, PAGE 236 YELLOWSTONE PIPELINE COMPANY RIGHT-OF-WAY EASEMENT PER BOOK 113, PAGE 236 MONTANA POWER COMPANY TRANSMISSION LINE EASEMENT PER BOOK 122, PAGE 192 SEE NOTE 5 AND 17 IN SCHEDULE B 40' COUNTY ROAD EASEMENT ROAD PETITION NO. 259 COUNTY ROAD MAP TOWNSHIP 1 SOUTH, RANGE 5 EAST, SHEET No. 4 FIELD BOOK 162, PAGE 41 60' COUNTY ROAD EASEMENT COUNTY ROAD MAP TOWNSHIP 1 SOUTH, RANGE 5 EAST, SHEET No. 4 AND 5 FIELD BOOK 162, PAGE 41 60' RIGHT OF WAY FOR ACCESS AND UTILITIES PER CERTIFICATE OFSURVEY No. 1372B 60' RIGHT OF WAY FOR ACCESS AND UTILITIES PER CERTIFICATE OF SURVEY No. 1372B 40' COUNTY ROAD EASEMENTROAD PETITION NO. 259 COUNTY ROAD MAP TOWNSHIP 1 SOUTH, RANGE 5 EAST, SHEET No. 4 FIELD BOOK 162, PAGE 41 MONTANA POWER COMPANY GAS PIPELINE RIGHT-OF-WAY EASEMENT PER FILM 52, PAGE 2286 MONTANA POWER COMPANY GAS PIPE LINE RIGHT-OF-WAYEASEMENT PER FILM 52, PAGE 2286 60' COUNTY ROAD EASEMENT COUNTY ROAD MAP TOWNSHIP 1 SOUTH, RANGE 5 EAST, SHEET No. 4 AND 5 FIELD BOOK 162, PAGE 41 PARC E L 1 & 2 & T R A C T C COS 25 8 1 TRAC T 2 COS 2 1 8 8 C TRACT 1 A COS 1 3 7 2 A TRACT M D T COS 4 7 3 F S1/2S W 1/ 4 S23 TRAC T 2 COS 2 2 1 7 A TRAC T C O B COS 4 7 3 F PARCEL I: TRACT 1D 1.500 ACRES PARCEL II: TRACT 1C & COUNTY ROAD EASEMENT 58.514 ACRES CREEK PARCEL III: NE1/4NE1/4 S27, LESS RR ROW AND HIGHWAY ROW 10.546 ACRES M1 ZO N I N G BOZE M A N C O M M U N I T Y PLAN F U T U R E L A N D U S E: PRES E N T R U R A L GALL A T I N C O U N T Y BOZEM A N AREA P L A N N I N G JUSR I S D I C T I O N BOZEM A N COMM U N I T Y P L A N FUTU R E L A N D U S E: PRESE N T R U R A L BOZEM A N COMM U NI T Y P L A N FUTUR E L A N D U S E : PRESE N T R U R A L BOZE M A N COMM U N I T Y P L A N FUTU R E L A N D U S E: PUBLI C I N S TI T U T I O N S PARK PLACE 2018 ANNEXATION MAP 200 A description of land being Tract 1C and Tract 1D of Certificate of Survey No. 1372 B, located in the SE ¼ of Section 22; a 40' wide County Road No. 259 Easement, located in the SW ¼ of Section 23; and a tract of land located in the NE ¼ NE ¼ of Section 27; situated in Township 1 South, Range 5 East, Principal Meridian, Gallatin County, Montana, more particularly described as follows: Beginning at the Northeast Corner of Section 27, also being the Southeast Corner of Tract 1C of Certificate of Survey No. 1372 B, the Point of Beginning; thence S.1°53'26”W. along the East line of Section 27 a distance of 836.91 feet to the Northeast Right-of-Way line of the Montana Rail Link Railroad; thence N.52°18'43”W. along said Railroad Right-of-Way a distance of 581.25 feet to the Right-of-Way of the Montana Department of Transportation Bargain and Sale Deed Document No. 2170717; thence N.37°41'29”E. along said Right-of-Way a distance of 0.70 feet; thence N.15°43'59”W. a distance of 81.76 feet; thence N.52°18'31”W. a distance of 98.49 feet; thence N.69°31'56”W. a distance of 166.95 feet to the Northeast Right-of-Way line of the Montana Rail Link Railroad; thence N.52°18'43”W. along said Railroad Right-of-Way a distance of 1613.49 feet; thence N.1°48'08”E. a distance of 712.83 feet; thence S.89°52'46”E. a distance of 2047.78 to the Northeast Corner of Tract 1C of Certificate of Survey No. 1372 B, also being the West Right-of-Way line of a 40' wide County Road No. 259 Easement; thence S.87°59'02”E. a distance of 40.00 feet to the East Right-of-Way line of said County Road Easement; thence S.2°00'58”W. along said County Road Easement Right-of-Way a distance of 1412.22 feet; thence N.87°59'02”W. a distance of 40.00 to the Point of Beginning. The area of the above described parcel of land is 70.56 acres, more or less. APRIL 30, 2018 LEGAL DESCRIPTION ANNEXATION AREA SUMMARY PARCEL I: PARCEL II: PARCEL III: TOTAL ANNEXATION AREA: 1.500 acres (65,340) Sq. Ft. 58.514 acres (2,548,880) Sq. Ft. 10.546 acres (459,386) Sq. Ft. 70.560 acres (3,073,606) Sq. Ft. LEGEND FOUND PUBLIC LAND SURVEY SYSTEM SECTION MARKED, "STATE OF MT, DEPT. OF HIGHWAYS, 5606S 1989". EDGE OF ASPHALT//////EDGE OF GRAVEL BOTTOM EDGE OF DITCH CENTERLINE OF ROAD OVERHEAD POWER LINE BURIED TELEPHONE LINE BURIED NATURAL GAS LINE SIGN SEPTIC SYSTEM MANHOLE LIGHT POLE GUY ANCHOR POWER POLE WATER WELL ELECTRICAL METER WIRE FENCE BURIED PETROLEUM PIPELINE ©COPYRIGHT MORRISON-MAIERLE, INC.,2018 PLOTTED DATE: May/02/2018 PLOTTED BY: jon c. wilkinson DRAWING NAME: N:\2286\007\ACAD\Concept\2286.006-2018-BARNARD-Annexation Map.dwg 1/4 SEC.SECTION TOWNSHIP RANGE PROJ. #:SHEET OF PRINCIPAL MERIDIAN, MONTANA COUNTY, MONTANADATE: SCALE: CLIENT: FIELD WORK: DRAWN BY: CHECKED BY: engineers surveyors planners scientists MorrisonMaierle 315 N. 25th Street, Suite 102 Billings, MT 59101 Phone: 406.656.6000 Fax: 406.237.1201 11BARNARD GALLATIN 2286.007 1"=200' 5/1/2018 MEE JW JW 5E 1S 23 27 22 SW NE SE 355