HomeMy WebLinkAbout18221 Application packet - complete MT
Community Development Al
DEVELOPMENT REVIEW APPLICATION
1. PROJECT
Development
Name: City of Bozeman 2018 N. Rouse Avenue Annexation and ZMA
Description: Annex 1.0444 and zone as public lands and institutions
2. PROPERTY OWNER
Name: City of Bozeman
Full Address: PO Box 1230, Bozeman MT 59771
Phone: 406-582-2280
Email: kmaines@bozeman.net
3.APPLICANT
Name: Same
Full Address:
Phone:
Email:
4. REPRESENTATIVE
Name: City of Bozeman
Full Address: PO Box 1230, Bozeman MT 59771
Phone: 406-582-2260
Email: csaunders@bozeman.net
5. PROPERTY
Full Street
Address:
Full Legal
Description: Tract 33, Northeast Annexation
Current
Zoning: PLI (Gallatin County - Bozeman Area Zoning )
Current Use: Public utility
Community
Plan
Designation: Parks, open space, and recreational lands
Development Review Application Al I Page 1 of 3 Revision Date 01-04-16
Required Forms: Varies by project type Recommended Forms: I Presentation of submitted plans and specifications
Overlay ❑ Neighborhood Conservation ❑ Entryway Corridor ■❑ None
District:
Urban
Renewal ❑ Downtown ❑ North 71" Avenue ❑ Northeast ■❑ None
District:
6. STATISTICS (ONLY APPLICATION TYPES 2-12,17,24 AND 26)
Gross Area: Acres: 1.0444 Square Feet:45,494
Net Area: Acres: na Square Feet:
Dwelling
Units: none
Nonresidential
Gross Building
Square Feet: none
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 Z/SVAR
Variance
❑ 4. Subdivision pre-application PA ❑ 20. Conditional Use Permit CUP
❑ 5. Subdivision preliminary plat PP ❑ 21. Special Temporary Use STUP
Permit
❑ 6. Subdivision final plat FP E122. Comprehensive Sign Plan CSP
❑ 7. Subdivision exemption SE ❑ 23. Regulated Activities in RW
Wetlands
❑ 8. Condominium Review CR ❑ 24. Zone Map Amendment(non ZMA
Annexation)
❑ 9. PUD concept plan PUDC ❑ 25. UDC Text Amendment ZTA
❑ 10. PUD preliminary plan PUDP ❑ 26. Growth Policy Amendment GPA
❑ 11. PUD final plan PUDFP ❑ 27. Modification/Plan MOD
Amendment
❑■ 12. Annexation and Initial Zoning ANNX ❑ 28. Extension of Approved Plan EXT
❑ 13. Administrative Interpretation AIA E129. Reasonable Accommodation RA
Appeal
❑ 14. Administrative Project Decision APA ❑ 30. Other:
Appeal
❑ 15. Commercial Nonresidential COA CCOA
01 6. Historic Neighborhood NCOA
Conservation Overlay COA
8.APPLICATION FEES AND MATERIALS
A. Fees are to be provided based upon the adopted fee schedule FS. Contact our office for an
estimate.
Development Review Application Al Page 2 of 3 Revision Date 01-04-16
Required Forms: Varies by project type Recommended Forms: I Presentation of submitted plans and specifications
B. Application materials shall be submitted for each application as shown in the specific guidance
and checklists that is provided for each application type. A common development review application
form and common notice materials may be provided for an application that includes more than one
application type. All other application materials shall be submitted for each individual application
type per the project guidance and checklists.
9. CERTIFICATIONS AND SIGNATURES
This application must be signed by both the applicant(s) and the property owner(s) (if different) for
all application types before the submittal will be accepted. The only exception to this is an informal
review application that may be signed by the applicant(s) only.
As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this
application for review under the terms and provisions of the Bozeman Municipal Code. It is further
indicated that any work undertaken to complete a development approved by the City of Bozeman
shall be in conformance with the requirements of the Bozeman Municipal Code and any special
conditions established by the approval authority. I acknowledge that the City has an Impact Fee
Program and impact fees may be assessed for my project. Further, I agree to grant City personnel
and other review agency representative's access to the subject site during the course of the review
process (Section 38.34.050, BMC). I (We) hereby certify that the above information is true and
correct to the best of my (our) knowledge.
Certification of Completion and Compliance - I understand that conditions of approval may be
applied to the application and that I will comply with any conditions of approval or make necessary
corrections to the application materials in order to comply with municipal code provisions.
Statement of Intent to Construct According to the Final Plan - I acknowledge that construction
not in compliance with the approved final plan may result in delays of occupancy or costs to correct
noncompliance.
Applicant
Signature:
or--*,j« Printed Name: Shawn Kohtz, Inter'm Dir r of Public Works
Owner
Signature:
Printed Name:
Owner
Signature
Printed Name:
If signing as a corporation, please provide the title and position of the individual signing on behalf of the
corporation. Attach separate sheets for additional owner signatures.
CONTACT US
Alfred M.Stiff Professional Building phone 406-582-2260
20 East Olive Street 59715 (FED EX and UPS Only) fax 406-582-2263
PO Box 1230 planning@bozeman.net
Bozeman,MT 59771 www.bozeman.net
Development Review Application Al Page 3 of 3 Revision Date 01-04-16
Required Forms; I varies by project type Recommended Forms: I Presentation of submitted plans and specifications
BOZ E MANMT
Community Development PLS
PLANS AND SPECIFICATIONS
INTRODUCTION
In order for city staff to efficiently review your project in a timely manner, the application materials and the
plan sets submitted must be clear, complete and thorough. This handout provides additional details for the
application requirements outlined in the project checklists. If the requirements of this handout are met with
your application it will minimize the delays that can occur when an application is unclear, incomplete or not
formatted correctly. These requirements are mandatory. If the application materials do not meet these
standards they will require correction, which will delay your project.
GENERAL PLAN REQUIREMENTS
1• All plans and drawings must be accurately drawn, using a conventional scale such as
1:20 or 1:1/4, and with only one scale per sheet. Details may contain a separate scale if clearly labeled.
2. All text and annotations should be at a font size to enable it to be easily read - 10 point or more. Many
plan sets require that 11" x 17" plan sizes be submitted. The text and annotations on plans that size must
be readable when printed at that size.If plans are unreadable at the 11"x 17"size,they will not be accepted
for review.
3• Plan sizes must meet minimum and maximum size requirements. No plans outside of the stated sizes will
be accepted.
4• Plans/drawings must not contain disclaimers such as "Not to Scale" and "Do Not Scale."
(perspectives excepted) and drawings must be drawn true to the stated scale(s).
5. Plans must not contain disclaimers such as "Preliminary" and "Not for Construction."
6• Provide all relevant measured dimensions annotated on the plans/drawings. For example label typical
dimensions of parking spaces, drive accesses, drive aisles and sidewalks.
7. Consistent detailing. All existing and proposed site plan elements (e.g., sidewalks, parking spaces, fire
lanes, building foot prints, etc.) must be labeled (unless a legend is provided) and dimensioned (unless a
detail is provided).
8. The clearest way to present proposals is to group "existing" and "proposed" drawings side by side, using
the same scale for both.
9. Each sheet and/or drawing must have a title box with the drawing name, sheet number and date clearly
visible in bold. If sheets are updated or revised a new date must be applied to the sheet. For example, the
civil utility plans might be labeled: C2.0 Utilities 05-01-2017. This is important as this will also be the
digital file name. See naming protocol below.
10. The use of a title sheet for all general information, project team, data, calculations (parking, parkland,
open spaces, and table of contents is required. The title must appear in bold letters across the top of the
cover sheet. If the site plan includes a conditional use include the words "and Conditional Use."
11. If the project is part of an existing development the name of the existing development must appear in the
title. For example, "Arbys at Bozeman Gateway" or "Building K at the Cannery District."
12. The vicinity map with zoning must be on the cover page.
13. A table of contents or plan schedule for all sheets in the plan set must be included on the title sheet with
a date for each sheet. If revisions are required, the title sheet must be updated to reflect all revised sheets
with a new date.
14. Fully annotated plans and drawings are more understandable, e.g. if a line is shown on the plan between
two properties or other conditions such as easements,it must be annotated by adding descriptors to clarify
the site condition.
Plans and Specifications PLS Page 1 of 4 T Revision Date 5-1-17
Required Forms: Applies to all applications I Other Forms: I None.
15. A legend for all line types and symbols must be included on plan sets.
16. The plan sheets must not be overly congested with line types. When in doubt produce an extra sheet that
separates the information. For example, produce a separate utility and easement sheet for utilities to
clarify that information if the overall site plan contains too many lines and line types.
17. In general, the plan sheets are where most project information must be included. Separate cut sheets,
exhibits, and summary tables on 8 1/2" by 11" will not be accepted. The only exception is for project
narratives,property owners'association documents,SID documents, easements, agreements,maintenance
plans,water rights information,payback district information,contracts,deeds,weed plans,and standalone
technical reports such as traffic studies, wetland reports, sewer and water reports, environmental, etc.
PARKLAND TRACKING REQUIREMENTS
1. Parkland tracking on plans is required in 38.27.020BMC. This only applies to projects with residential
development or residential units.
2. Documentation of compliance with the parkland dedication requirements of Section 38.27.020, UDC
must be provided with the final plat, preliminary plat layout (park site plan) or individual development
site plan (if previously subdivided). A parkland dedication tracking table showing the parkland
requirements for the overall subdivision and the method of meeting the parkland dedication shall be
included on the site plan. The table shall explicitly state how much parkland acreage, cash-in-lieu, or
value of improvements-in-lieu was approved and allocated, as well as what is being proposed, for each
lot of the subdivision or site development.
3. If residential development, each phase, lot or individual site plan of the development must have a copy
of the parkland dedication tracking table provided below included on the site plan. Contact the Parks
Department if you have questions on how to fill out the table.
4. If improvements in lieu are proposed for an existing park within the subdivision, a detailed park
improvement site plan, including layout and product manufacturer cut sheets with a cost estimate for
all improvements must be provided for Parks Department review. The Parks Department will provide a
comparison chart indicating the value of code-required basic improvements versus proposed
improvements.
5. Unless previously provided, provide the appropriate waiver of protest for future park maintenance
district statement on the plat or site plan. Contact the Parks Department if you are uncertain if a waiver
has been granted.
6. The parkland dedication tracking table that must be included on plans is as follows.If you have questions
on how to fill out this table contact the Parks Department.
PUBLIC PARK LAND DEDICATION
TRACKING TABLE CURRENT PREVIOUS PHASES
TOTAL FOR THIS PHASE/LOT PHASE/LOT PHASE/LOT'
SUBDIVISION NAME: ---- SUBDIVISION PROPOSAL
PROJECT NAME:---------.---------_ PARK DED AC CIL PARK DED AC, PARK DED AC
&/OR IIL CIL&/OR III, CIL&/OR IIL
NUMBER OF RES.UNITS PER PHASE/ LOT
/SITE PLAN:
ACREAGE PARK LAND AND/OR CIL
REQUIRED:**
VALUE OF IMPROVEMENTS IN LIEU
PROPOSED:
$ VS.VALUE OF CODE-
REQD. BASIC PARK IMPROVEMENTS:
$----------------
(ATTACH COMPARISON CHART
SPREADSHEET
ACREAGE PARK LAND PREVIOUSLY
DEEDED TO COB:
Plans and Specifications PLS Page 2 of 4 Revision Date S-1-17
Required Forms: I Applies to all applications I Other Forms: None.
ACREAGE PARK LAND YET TO BE
CONVEYED:
PARK MASTER PLAN APPROVAL DATE:
*INDICATE ADDITIONAL PHASES AS
APPLICABLE
"SHOW ACTUAL CALCULATIONS
COLOR AND MATERIAL PALETTE
1. Color and material palettes are required for all new buildings and structures.A color and material palette
must include all the proposed exterior building materials for all structures and site details.
2. The exterior building materials must include all siding,trim,roofing,windows,stairways,doors,balconies,
railings windows, storefront, glass/glazing, walls, mechanical screening, trash enclosures, accessory
equipment enclosures (generator, etc.), awnings and other architectural elements.
3. For smaller less complex projects that are using readily known building materials, a color and material
palette may be presented in color on an 11" x 17" sheet that includes a color picture of the material and
the specification. Each material must be keyed to the building elevations.
4. For larger, more complex projects the palette must be presented on a physical board with samples of the
proposed building materials in their proposed color. Each sample must have a specification and be keyed
to the building elevations.
S. Color perspectives that depict the building accurately and with the proposed building materials are
encouraged to be submitted with each application. The color perspective does not satisfy the color and
materials palette requirement.
APPLICATION SETS
1. Application sets are independent sets of information that include one copy of all information submitted
with the application.
2. Application sets that include legal documents, letters, technical reports, narratives, studies and other
documentation in addition to plan sheets must include a copy of each item in each application set. All
documentation of this type must have a visible and clear date of preparation on the front sheet of the
document or study.
3. Three total sets of all information are required with most applications. Two of the sets must include full
size plans, one set may include 11" x 17" plans. Full size plan set sizes must not exceed 24" x 36."
4. Application sets must be bound and two hole punched at the top of the page. Three ring binders with three
hole punch are not accepted.
5. If 11"x 17" plans are included, do not trifold them. Fold them in half, then fold the right half back on itself
at a 45 degree angle in order to accommodate a two hole punch at the top. Plans must be accessible to be
unfolded when bound in a two hole file.
6. Application sets should be organized and collated in the following general order 1) cover sheet/routing
sheet 2) applications and checklists; 3) narratives/responses/photographs; 4) legal docs: CC&R's,
easements, deeds, agreements, CIL water rights,etc.; 5) plans; 6) appendices: standalone technical reports
7. Project narratives and responses must not be overwritten or provided on the application checklists. If
responding to a checklist item provide a response on a separate document.
8. Plans must be grouped by discipline: Civil, Architectural, Landscape and Electrical/Lighting.
9. All plans must be stapled together and folded to a final size of 8 V2" x 11" or 8 Y2" x 14".If the plan set is
large the plans must be stapled into sets by discipline and folded independently. State law requires us to
keep a full size paper copy of all plans in our files. The plan sets must be folded so that they can be filed in
the project archives.
Plans and Specifications PLS Page 3 of 4 Revision Date 5-1-17
Required Forms: Applies to all applications Other Forms: None.
DIGITAL COPIES AND NAMING PROTOCOL
The city requires digital copies of all planning applications in order to produce cost savings, eliminate
paper waste and enhance the flow of information between the city, external agencies, neighborhoods and
the applicant. The digital copy must include a copy of all documents and plan sheets submitted as part of
the application. The following requirements apply to digital copies.
1. Two digital copies are required with most applications. The copies may be on CD or on a USB drive.
2• The digital copies must be separated into three categories: Documents, Plans and Appendices.
3. Naming protocol. Each individual document or plan sheet must have a proper name and date.
The name should be easily understandable. Groups of plan sheets or document sets with multiple
types of documents will not be accepted. Plan sheets must include the sheet number. For example a
document might be labeled "Al Development Review application 05-01-2017" or "City Parkland
Deed 05-01-17." Plan sheets are required to be listed individually. For example a plan sheet might
be labeled "A300 Floor Plan level 1 and 2 05-01-2017" or "PM Photometric Plan 05-01-17." Do not
include other tab, section or other references in the digital file names.
4• No individual files will be accepted that are larger than 5 mb. Files that are larger must be broken
down into smaller files.
5• Label all CD's with the project name and date. Attach a small tag to all USB drive with the project
name and date.
CONTACT US
Alfred M. Stiff Professional Building phone 406-582-2260
20 East Olive Street 59715 (FED EX and UPS Only) fax 406-582-2263
PO Box 1230 planning@bozeman.net
Bozeman,MT 59771 www.bozeman.net
Plans and Specifications PLS Page 4 of 4 Revision Date 5-1-17
Required Forms: I Applies to all applications Other Forms: None.
BOZ E MAID! MT
Community Development ANNX
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 81h x 11 or 81h 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 Al.
❑✓ Plan sets that include all items required in the annexation and initial zoning checklist below.
Standard application sets required plan 2 sets that include full size 24 x 1 set that include 11 x 17 inch
sizes: 36 inch plans 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.
All plans must be drawn to scale on paper not smaller than 81/2 x 11 inches or larger than 24 x 36
Notes: 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: $1,629 No fee is charged for City initiated annexation
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?
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?
Zone Map Amendment Required Materials ZMA Page 1 of 3 Revision Date 1-02-18
Required Forms: I Al, N1 Recommended Forms: Required Forms:
d. Does the desired future development of the subject property conform to the City's 0 ❑
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 0 ❑
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 U ❑
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?
b. Will the new zoning secure safety from fire and other dangers? How?
c. Will the new zoning promote public health, public safety and general welfare? How?
d. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools,
parks, and other public requirements? How?
e. Will the new zoning provide reasonable provision of adequate light and air? How?
f. Will the new zoning have an effect on motorize and non-motorized transportation systems? How?
g. Does the new zoning promote compatible urban growth? How?
h. Does the new zoning promote the character of the district? How?
Zone Map Amendment Required Materials ZMA Page 2 of 3 Revision Date 1-02-18
Required Forms: FA 1, N1 I Recommended Forms: I Presentation of submitted plans and specifications
i. Does the new zoning address the affected area's peculiar suitability for particular uses? How?
j. Was the new zoning adopted with a view to conserving the values of buildings? How?
k. Does the new zoning encourage the most appropriate use of land throughout the jurisdictional area?
2. Provide an exhibit of the property to be modified. Provide existing County zoning designations and the
proposed zoning designation clearly labeled. The exhibit should include the legal limits of the property
and size in square feet and acreage. If adjacent to a right of way the zoning should extend to the
centerline of the right of way.
CERTFICATION AND SIGNATURES
I (We), the undersigne , hereby certify that the information contained in this application is true and correct to
the be t of our nowledge.
Property Owner's Signature(s) Date
State of Montana
County of Gallatin
On this 18th day of May 20 _, before me, a Notary Public of the State of_
Montana Chris Saunders, Community Development Manager
personally appeared
, known to me to be the person(s) whose name(s) is(are) subscribed to the above instrument and
acknowledge to me that he/she/they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first
above written.
SHANNON L K Public RHOF
W� �+1 �`o��Klpps�
a '••,f9'•, Notary Public
` A 'y=s aptARig4,>u for the State of Montana
Notary Public for State of ►"\yoVA CXV\0, _*; :. : Residing at:
; .SEAL.Q; Bozeman, Montana
Residing at �D�Q (�y� + OF MO,,'
My Commission Expires:
March 17,2021
My Commission Expires 3
CONTACT US
Alfred M. Stiff Professional Building phone 406-582-2260
20 East Olive Street 59715 (FED EX and UPS Only) fax 406-582-2263
PO Box 1230 planning@bozeman.net
Bozeman,MT 59771 www.bozeman.net
Zone Map Amendment Required Materials ZMA Page 3 of 3 Revision Date 1-02-18
Required Forms: I Al, N1 Recommended Forms: I Presentation of submitted plans and specifications
Page 1 of 6
City of Bozeman 2018 N. Rouse Avenue Annexation and ZMA criteria
narrative response
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.
Yes. The property in question is contiguous to the City limits.
Goal 2: The City shall seek to annex all areas that are totally surrounded by
the City,without regard to parcel size.
Yes. The subject property is totally surrounded by the City.
Goal 3: The City shall seek to annex all property currently contracting with
the City for services such as water,sanitary sewer and/or fire protection.
Neutral. The subject property is not currently contracting with the City for water,
sewer, or fire protection services. The nature of the property is that it is probable to
remain undeveloped with buildings. Development with buildings will require extension
of services. No such buildings or extensions are contemplated at this time. The area to
be annexed is part of Tract 33 of the Northeast Annexation. The City's water and sewer
mains cross this tract in a location further south to the area to be annexed.
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.
Yes. The subject property is located within the service boundary of the existing sewer
system. The property is also located in the urban growth area of the Bozeman Growth
Policy
Resolution No. 4400 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
Page 2 of 6
the creation of improvement districts necessary to provide the essential services
for future development of the City.
Neutral. The property is already accessed by N. Rouse Avenue and no additional right of
way is anticipated. The owner is the City of Bozeman who can provide additional right
of way or waiver if such is determined to be needed.
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.
Yes. The Future Land Use Map of the Bozeman Community Plan (growth policy) designates
the subject property as "Parks, Open Space, and Residential." The proposed PLI "Public
Lands and Institutions District" is in conformance with the Bozeman Community Plan future
land use designation. As Table C-16 from the growth policy shows the PLI district is a
proper implementing district for the residential designation.
b. Initial zoning classifications of the property to be annexed shall be determined by
the City Commission, in compliance with the Bozeman Growth Policy and upon a
recommendation of the City Zoning Commission,prior to final annexation approval.
Yes. The applicant has applied for a Zone Map Amendment, as the subject property is
currently under the zoning jurisdiction of Gallatin County (zoned PLI, Public Lands and
Instituations).As a result, an application for a Zone Map Amendment is being processed
concurrently with the annexation request to establish an initial zoning designation
under the City of Bozeman. The applicant has applied for a Zone Map Amendment
(18221) to establish an initial municipal zoning designation of PLI "Public Lands and
Institutions."
c. The applicant may indicate his or her preferred zoning classification as part of
the annexation application.
Yes. The applicant has requested a zoning designation of PLI "Public Lands and
Institutions."
Policy 3: Fees for Annexation procedures shall be established by the City
Commission. No fee will be charged for any City-initiated annexation.
Neutral. This is a City initiated annexation and no fee is required.
Page 3 of 6
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.
Yes. The property proposed for annexation is accessed from N. Rouse Avenue. The
entirety of the street is already annexed as part of Tract 33, Northeastern annexation.
The street is not built to current City standards and is only partially paved. The current
roadway has been adequate and no change is anticipated in the use of the property as a
result of the annexation.
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 38.410.130 of the municipal code.
Yes. The site in question is less than ten(10) acres and must therefore provide water rights as
allowed in BMC 38.410.130.C.1. There are no existing buildings of the site nor are
municipal utilities present. Any future development will require provision of water rights
through a site plan review.
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.
Yes. City infrastructure and emergency services are available to the subject property.
City services are already provided to the City owned area which wholly surrounds this
unannexed portion of Tract 33, Northeast Annexation. City utilities are located under N.
Rouse Avenue which is located within Tract 33.
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.
Neutral. City services are not currently being used on this property but have been
available for many years. No contract for service is proposed or in place.
Page 4 of 6
Policy 8.• The annexation application shall be accompanied by mapping to meet the
requirements of the Director of Public Works.
Yes.An exhibit map will be prepared to accompany the Resolution of Annexation.
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.
Yes. There are no existing buildings on the site to be connected.All new construction
will be subject to the requirements of the municipal code, including impact fees.
Obligation to pay fees when determined necessary is accepted.
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 38.220.410,BMC.
Yes. Notices of the public hearing will be provided. The required mailing list for
adjacent property owners has been provided.
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.
Neutral. The City is the property owner and applicant. It cannot enter into an agreement
with itself. Therefore, in place of an annexation agreement a provision of services plan
is provided with this application. The provision of services plan is part of the
application for annexation.
Policy 12: When possible, the use of Part 46 annexations is preferred.
Yes. This annexation is being processed under Part 46 provisions.
Page 5 of 6
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Yes. The future land use map in the Bozeman Community Plan (growth policy) designates
the subject property as Parks, Open Space, and Recreation. As Table C-16 from the growth
policy shows,the PLI district is a proper implementing district for the future land use
designation of"Residential." The growth policy encourages annexation of wholly
surrounded parcels. No conflicts with the growth policy have been identified.
B. Secure safety from fire and other dangers.
Yes. Upon annexation the subject property will be provided with City emergency services
including police, fire and ambulance. The initial zoning of PLI will not alter the use of the
property and is therefore unlikely to adversely impact safety from fire and other dangers.
The property will be required to conform to all City of Bozeman public safety, building and
land use requirements. The City already provides services to all of the surrounding area.
C. Promote public health, public safety, and general welfare.
Yes. The proposed zoning designation will promote general welfare by implementing the
future land use map in the Bozeman Community Plan. Closing a gap in the City boundary
will facilitate and simplify emergency services. The City uses the site for utility services.
Annexation and designation as PLI will support good municipal services.
D. Facilitate the provision of transportation,water, sewerage, schools, parks and other
public requirements.
Yes. The designation as PLI will support the continued operation of the City's utility and
street services. Any future development of the property will be evaluated for additional
required improvements during the plan review process.
E. Reasonable provision of adequate light and air.
Yes. The PLI zoning designation has requirements for setbacks, height, and lot coverage,
which provide for the reasonable provision of adequate light and air. Any future development
of the property will be required to conform to City standards for setbacks, height, lot
coverage, and buffering.
F. The effect on motorized and non-motorized transportation systems.
Neutral. The proposed PLI zoning designation will have a neutral effect on the City's
motorized and non-motorized transportation systems. The property is occupied by a City
service area. The site is accessed by N. Rouse Avenue and no further right of way is expected
to be needed. As a result, the impact to the motorized and non-motorized transportation
systems is not anticipated to change.
Page 6 of 6
G. Promotion of compatible urban growth.
Yes. The proposed PLI zoning designation promotes compatible urban growth as the
property is bordered by the City on all sides which is already designated as PLI.
Additionally, the proposed PLI zoning designation is in accordance with the Bozeman
Community Plan's future land use designation of"Parks, Open Space and Recreation". The
annexation associated with this zone map amendment is closing a small gap within the City.
H. Character of the district.
Yes. The proposed PLI zoning does promote the character of the district as the intent of the
Public Lands and Institutions district is to "The intent of the PLI public lands and institutions
district is to provide for major public and quasi-public uses outside of other districts. Not all
public and quasi-public uses need to be classified PLI. Some may fit within another district;
however, larger areas will be designated PLI." Surrounding properties are PLI or M-l. The
proposed PLI zoning designation is consistent with the character of the neighborhood as well
as existing development on the property. The site is presently zoned as PLI in the Gallatin
County Bozeman Area zoning.
I. Peculiar suitability for particular uses.
Yes. The property is located in an area which is suitable for uses allowed in the PLI zoning
district. The proposed PLI zoning designation is suitable for the current use of the property.
The site is presently zoned as PLI in the Gallatin County Bozeman Area zoning.
J. Conserving the value of buildings.
Neutral. There are no existing structures on the site to be rezoned. The proposed district is the
same as the immediately adjacent zoned property. The site is presently zoned as PLI in the
Gallatin County Bozeman Area zoning.
K. Encourage the most appropriate use of land throughout the jurisdictional
area.
Yes. The proposed PLI zoning designation will encourage the most appropriate use of
land as the property is presently zoned as PLI in the Gallatin County Bozeman Area
zoning. The change in the zoning is simply a change in jurisdiction authority from Gallatin
County to City of Bozeman.
BOZ E MAN MT
Community Development N 1
NOTICING MATERIALS
Notice is required for certain projects in order for citizens to participate in decision making which affects
their interests and provides opportunity to receive information pertinent to an application that would
not otherwise be available to the decision maker.
SITE PLAN, MASTER SITE PLAN, CONDITIONAL USE PERMIT, VARIANCE, DEVIATION, FIRST MINOR
SUBDIVISON AND SIMILAR REQUIRED NOTICING MATERIALS
✓❑ Completed and signed property adjoiners certificate form N1.
❑ Legible list of full names and addresses of all property owners within 200 feet of the project
site,attached to this checklist.
a Stamped, unsealed, plain (no return address) #10 envelopes preaddressed with the names and
addresses of the adjoining property owners.
MAJOR AND SUBSEQUENT MINOR SUBDIVISION REQUIRED NOTICING MATERIALS
❑ Completed and signed property adjoiners certificate form N1.
Legible list of full names and addresses of all property owners within 200 feet of the project
❑ site and not physically contiguous (touching a boundary) to the subdivision, attached to this
checklist.Clearly label list ADJOINER NOT CONTIGUOUS.
❑ Stamped, unsealed,plain (no return address) #10 envelopes preaddressed with the names and
addresses of the adjoining property owners.
Legible list of full names and addresses of all property owners physically contiguous (touching
❑ a boundary) including recorded purchasers under contract for deed to be sent certified mail
attached to this checklist. Clearly label list CONTIGUOUS.
Stamped, unsealed, plain (no return address) #10 envelopes preaddressed with the names and
❑ addresses of the physically contiguous property owners including recorded purchasers under
contract for deed.
❑ Two sets additional mailing labels with the names and addresses of the physically contiguous
property owners including recorded purchasers under contract for deed attached.—
NOTICE
Current property owners of record can be found at the Gallatin County Clerk and Recorder's Office in
the Gallatin County Courthouse 311 West Main Street Bozeman, Montana.
CERTIFICATION
I ChdsSaunders hereby certify that, to the best of my knowledge, the
attached name and address list of all adjoining property owners (including all condominium owners,
within 200 feet of the property located at Unannexed triangle at the end of North Rouse Avenue,portion of Tract33,Northeast Annexation is a true
and accurate list from the last declared Gallatin County tax records. I further understand that an
in�Histmreview of the project.
Signature
CONTACT US
Alfred M. Stiff Professional Building phone 406-582-2260
20 East Olive Street 59715 (FED EX and UPS Only) fax 406-582-2263
PO Box 1230 planning@bozeman.net
Bozeman,MT 59771 www.bozeman.net
Noticing Materials Page 1 of 1 Revision Date 1-05-16
Required Forms: N1 Recommended Forms, Tizeqwred Forms:
Rn7FMANMT
Community Development
PUBLIC NOTICE-POSTING INSTRUCTIONS FOR APPLICANT
The City now utilizes large-format public notice signs for posting to sites that are undergoing site plan and similar
development application reviews.The intent is to enable greater visibility for large sites in particular,as with snow
conditions,faster traffic areas,etc.,the general public must still be able to observe notice language from the right-
of-way. For the subject proposal, please review the following and confirm by replying to this email no later than
torpor row,311117 at noun that you or another application representative will facilitate the noticing.
1. What is the notice?
a. It is a weatherproof large-lettered corrugated plastic sign.There are two sizes depending on the
property size.
b. Public noticing for comment periods or hearings and associated application information,timing,
type,and location is required by law per Bozeman Municipal Code(BMC)Chapter 38,Article 40.
2. How do I obtain the notice board and who posts it to the subject property?
a. The project applicant or representative is responsible for picking up the notice,which is prepared
by City staff.
b. The pick-up location is the Front Desk of the Community Development Dept.at 20 E.Olive St.
3. When am I required to post the notice?
a. The notice post-to-site date is identified on the notice(see attached notice for this project).
b. You must pw i by the end of the day.March 1. 70 E
4. How do I post the notice?
a. The notice board can be affixed to a stake(metal,wood,etc.),fence,exterior of building or
window on primary facade,etc.using durable material that meets the visibility criteria below.
b. Do not attach the sign to utility poles or other objects not owned by the applicant.
c. The applicant/representative is responsible for providing the posting materials.
5. Where do I post the notice?The notice must be placed in a high-visibility location that is:
a. On the property(not in the public right-of-way), no more than 15'behind the property boundary.
b. Visible from the primary public right-of-way), ideally at the corner of the most highly trafficked
intersection. In this case,we advise you to post the sign:at angle to traffic travelling east along W
Graf, locating it on the property corner at W Graf and Enterprise.
c. At an adequate height to be visible around landscaping,snow,ditches,berms,etc.
d. City staff will verify the notice location during project site visit(s).
6. What else is required?
a. Please Send 1-2 photos of the notice as posted to the subject property as seen from different
points along,t1 public right-of-way,by the end of the week March 3 2017.
7. Noticing end date/Drop-off
a. The applicant is responsible for returning the notice board to the City's pick-up location.
b. The notice must be returned by no later than 1 month following application decision(i.e.,
approval or denial)for a maximum of 45 days from the start of the public notice period.
c. If at any time during the required noticing period,it is observed that the notice has been altered
or removed with City approval,the applicant may be required to pay a re-noticing fee to post a
new notice with a re-set comment period.
d. Please update your project schedule to include sign retrieval.
Let us know if you have any questions or you can contact Front Desk staff directly at
406-582-2260 for assistance with the notice requirements.
P.O.20 East OLive Street Bux 1230
Bozeman, MT 59771-1230
TDD: 406-582-2301 THE MOST LIVABLE PLACE
Mailing List for Public Notice—Application 18221,Annexation of the unannexed portion of Tract 33,
Northeast Annexation.
Name Address City and State Zip
City of Bozeman PO Box 1230 Bozeman MT 59771
MT Fish Wildlife and 1400 S. 19th Avenue Bozeman MT 59718
Parks _
NorthWestern Energy 11 E. Park Street Butte MT 59701
Attn:John Habeger
Perkins Limited Liability 802 Turnberry Court Bozeman MT 59718-8759
Company
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Exhibit A
Provision of Municipal Services Plan 2018 N. Rouse Avenue Annexation
State Law References 7-2-4610 and 7-2-4732, MCA
A. Introduction
Whereas, the City of Bozeman hereby recognizes that Montana State law has established
municipal governments for the purpose of providing local government municipal services
essential for sound urban development of communities as well as for the protection of health,
safety and welfare in areas either already being intensively used or undergoing development for
residential, commercial, industrial, institutional and governmental purposes.
"Historically, the purpose of Montana's annexation statutes have been simply to provide
expanding communities with:
1. a united and effective single form of government;
2. orderly growth through uniform regulations such as building codes,planning, and
zoning standards; and
3. an equal sharing of community resources and financial responsibility for those
resources by people living in an area united by social,political, and economic interests.
(From Montana's Annexation Laws: An Evaluation,November 1980, Montana
Legislative Council)."
B. Long Range Plan
As required by MCA 7-2-4732,this plan anticipates development for a period of at least five
years into the future. The 2010 Census lists the City of Bozeman's population at 37,280. The US
Census population projection for 2014 is 41, 660. Bozeman has experienced an average annual
population growth of 2.5 percent over the past 40 years, with some years exceeding five percent
growth. Indications are that the growth of the City will continue at least at its historical average.
If so, it is projected that the City could reach a population of 48,312 by 2020.
The City of Bozeman conducts long range facility and land use planning to consider areas of
future growth and what expansions to services are needed to support them. Studies such as those
noted below if available should be consulted when reviewing proposed annexations. A suite of
projects is considered for near term construction in the next five years through the City's Capital
Improvement Program. This document is updated and adopted annually by the City Commission
and draws heavily from the adopted long range plans.
The area proposed for annexation with the 2018 N. Rouse Avenue Annexation is within the
planning area for the City's growth policy and facility plans. Use of the site is for a municipal
storage yard. The site has been developed as a municipal storage yard for many years. The
property was initially acquired by the City in 1892. The use of the site has minimal needs for
additional services as a result of annexation.
A unique element of this annexation is that the area to be annexed is a portion of an tract owned
by the City of Bozeman. The City also owns the property adjacent to the unannexed area. The
City originally acquired the property in 1892The majority of that tract was annexed in August
1976 as part of the larger NorthEast Annexation. No explanation for why this portion was not
annexed originally has been found.
1. Sewer- The City's sewage treatment facility was recently upgraded and expanded. Capacity
exists to serve additional demand. The Bozeman Wastewater Facilities Plan was completed in
2015. It provides a description of existing and proposed facilities, population projections, and
identifies both area where service can be provided and what facilities are necessary to provide
service. The projected service population of the plan is 92,500 persons.
2. Water- The City's primary water treatment facility was recently upgraded and expanded.
Capacity exists to serve additional demand. The Bozeman Water Facilities Plan was completed
in 2017. It provides a description of existing and proposed facilities,population projections, and
identifies both area where service can be provided and what facilities are necessary to provide
service. The projected service population of the plan is 92,500 persons.
3. Roads—Future road extensions shall be designed to accommodate projected demand. The
long range transportation plan has established an existing and future arterial and collector street
network. The City relies upon this network in coordination with Montana Department of
Transportation to deliver travel services. The long range transportation plan was updated in
2017.
4. Service Providers—Other municipal services are provided as shared municipal facilities
supported by the community as a whole. The City does not restrict private competition within its
boundaries for services such as recycling and solid waste collection.
5. Growth Policy—The City of Bozeman adopts a growth policy in order to correlate facility
plans with future land use needs. The future land use map identifies those areas where expansion
of the City in the planning horizon of 20 years is anticipated. The proposed use of the property
matches the designated future land use map.
C. Areas Considered for Annexation
Currently there are numerous areas adjacent to and lying on the perimeter of the City of
Bozeman that are natural extensions of the City but which are not presently located within the
corporate boundaries of the City. See Figure 3-1 of the growth policy for a map of these areas.
Some of these areas are already extensively developed and are deriving benefits from the City of
Bozeman without paying their just and equal share for these municipal services. Other areas are
not extensively developed,but given the current growth trends in the Bozeman area will be
attractive for development in the future. It is the policy of the City of Bozeman that properties
outside of the City shall not be connected the City's water and sewer system without annexation.
The City of Bozeman will attempt to timely consider any property owner petition requesting
annexation of land that is contiguous with the City and eligible for annexation in accordance
with State statutes. Furthermore, the City of Bozeman plans to consider annexation of new
subdivision developments in a timely manner whenever a developer submits a development
proposal to the City for annexation.
Figure 3-1 of the growth policy identifies those areas anticipated to be annexed over the horizon
of the plan. The 2018 N. Rouse Avenue Annexation is within that expected expansion area. As a
small (1.044 acre) wholly surrounded parcel, the area has been enclosed within the City since
2008. Annexation of such inholdings is a recommendation of the growth policy.
D. Petition(s) for Annexation
The property owner submitted an appropriate petition for the City to annex into the City pursuant
to MCA Title 7, Chapter 2, Part 46. The standard City application form was used. The petitioner
also provided the City with the additional materials required with the annexation submittal
checklist.
E. Municipal Services to Annexed Land
1. It is the plan of the City of Bozeman that municipal services will be available to property that
is annexed within a reasonable time (generally not to exceed five years) on substantially the
same basis and in the same manner as such services are available to the rest of the municipality.
General governmental services will be available immediately upon annexation. Water service is
already available. Sewer services are not required for the existing use and will be made available
when extended to the surrounding area.
2. The property owner located in a newly annexed area will be required to comply with all City,
State, and Federal laws, statutes, regulations, ordinances, and resolutions, including but not
limited to, zoning, building codes, fire prevention ordinance and fire codes, fireworks
ordinances, dog license ordinance, business license ordinance, and all other laws, statutes,
regulations, ordinances, and resolutions.
F. General Policies for Providing Services to Annexed Property
1. The City plans to generally provide municipal services of police, fire, street maintenance,
parks and recreation and all general administrative services of the City of Bozeman to annexed
property immediately upon annexation. The financial cost of extending such services shall
generally be shared by the entire municipality through municipal revenues allocated and
expended pursuant to the City's annual budget adopted each fiscal year. No new Citywide bond
issue is planned for the sole purpose of financing provision of municipal services to annexed
areas. Parcels annexed into the City will be required to enter into the Citywide Street
Maintenance District and may be required to enter into an existing or future street lighting
district, or other such district established. Parcels annexed into the City which are benefitted by
previous specific facilities shall contribute proportionately to the cost of constructing and
maintaining those facilities.
2. The developer(s) or property owner(s) of annexed property will be required to construct all
infrastructure improvements, including but not limited to: water lines, sewer lines, fire hydrants,
reservoirs,pump stations, lift stations, culverts, drainage systems, roadways, sidewalks, street
lighting, traffic control devices, street name signs, and such other improvements as may be
required by the City, at the developer's or property owner's expense. The infrastructure
improvements will be constructed in accordance with the City of Bozeman Subdivision
Regulations, City of Bozeman Specifications, and the most recent edition of the Montana Public
Works Standard Specifications. The infrastructure improvements shall be in compliance with
applicable codes and standards and be of adequate size and design to accommodate the needs of
the proposed development. All proposed infrastructure shall be reviewed and approved by the
City Public Works Director, and as-built drawings as required by the City Public Works Director
shall be submitted to the City prior to final acceptance of the infrastructure.
3. The developer(s) or property owner(s) shall be responsible for providing fire protection
appurtenances and required water flow pressures and volume, at the developer's or property
owner's expense, as required by the applicable Fire Code enforced by the City and reviewed and
approved by the City Fire Chief, based on the use of land and the type of construction employed.
4. Sewer systems shall be designed in such a manner as to avoid the requirement for lift stations
if feasible.
5. Properties proposed for development in areas which do not have immediate access to City
water and/or sewer, but where services are in close proximity may be required to install dry
sewer lines in anticipation of the extension of City water and sewer into the area within a
reasonable time, generally not to exceed five years. Once adequate water and sewer facilities are
within 200 feet of the site, or if a new subdivision lot is within 500 feet of City water and sewer,
connection may be required at the property owner's or developer's expense.
6. As new City streets are constructed, and as existing streets are improved, storm drainage
infrastructure shall be installed or improved to City, State Department of Environmental Quality
(DEQ), and Environmental Protection Agency (EPA) standards. It is the responsibility of the
developer(s) or property owner(s)to convey storm water from their property to an appropriate
point of disposal as approved by the City Engineer. If there is no storm sewer conveyance system
available to the site, storm water generated as a result of the development shall be retained on
site in accordance with applicable DEQ and EPA regulations. Generally, the quantity and rate of
runoff from a developed parcel cannot exceed that which would occur had the property remained
undeveloped.
7. The developer(s) or property owner(s) shall provide all necessary right-of-way and/or
easements, or additional right-of-way or easements if less than adequate right-of-way or
easements exist in property proposed for annexation. Adequate right of way exists to access the
annexed parcel. If Sourdough Road is expanded additional right of way will be provided.
8. In areas served by the City water system, the City may require the developer(s) or property
owner(s)to properly abandon existing wells in accordance with DEQ regulations by qualified
personnel. Furthermore,the City may require existing water rights to be transferred to the City.
G. Policies for Providing Services in Existing Developed Areas
1. As a general policy, property that is proposed for annexation that has existing infrastructure
shall be required to upgrade the infrastructure to City standards as a condition of annexation. The
existing development of the site does not require upgrade to existing municipal service to the
property.
H. Off-Site Infrastructure Requirements
1. In the event that annexation creates impacts requiring off-site infrastructure improvements, the
developer(s) or property owner(s) of the property proposed for annexation will be responsible for
bearing the costs of such improvements, unless otherwise determined by the City Commission.
2. The City may require reimbursement from a developer(s) or property owner(s) for City
financed infrastructure that was installed in anticipation of future development on property that is
proposed for annexation.
3. It shall be the responsibility of the developer(s) or property owner(s) to extend all roadways
and utilities from the existing City facilities to the site of development in accordance with all
City standards and specifications, including the provision for appropriate easements. It shall
further be the responsibility of the developer(s) or property owner(s)to construct all streets and
utilities to the furthest boundary of the property to be developed or annexed when it is deemed
appropriate by the City Commission or City Engineer in order to facilitate future development.
I. Special Improvement Districts
The City Commission, in its discretion, may approve the formation of a Special Improvement
District to pay for the installation, construction and upgrading of infrastructure improvements.
The boundaries of the Special Improvement District shall by the area benefiting from the
improvements in accordance with the laws of the State of Montana.
J. Payback Agreement
If a developer(s) or property owner(s) of property annexed pays the entire cost of infrastructure
improvements, and such improvements will benefit other property that may be developed or
annexed in the future,the City Commission may, in its discretion, authorize a Payback
Agreement. The Payback Agreement may provide that developer(s) or property owner(s)that
connect to the infrastructure improvements in the future shall reimburse the developer(s) or
property owner(s)that initially paid for the improvement a portion of the cost of the
improvement. The Payback Agreement shall include a method of calculating the amount of
reimbursement. The method of reimbursement may be based upon lot size, front footage, or
other means that the City Commission deems reasonable. The payback period shall not exceed
10 years from the date of completion of construction or installation of the improvement. The
Payback Agreement shall set forth the specific area that may benefit from the improvement and
that will be subject to the Payback Agreement. The costs that may be reimbursed under a
Payback Agreement may include engineering, design and inspection fees. Any and all terms and
conditions of a Payback Agreement are subject to approval by the City Commission.
K. Transition Plan
If a county, special district, or improvement district currently provides services to the area to be
annexed,the plan must provide specific steps for the orderly transfer of those services, including
police protection, fire protection, garbage collection, street and street maintenance services, and
utility services. The plan for the transfer of services must be developed in consultation with the
governing body of the county and with any other departments of the county, special districts, or
improvement districts that have been providing services to the area proposed to be annexed.
Gallatin County was notified of the proposed annexation on May 16, 2018. No special district or
improvement district services are provided. Upon approval of the annexation the 911 system will
be informed of the change in primary jurisdiction and the 911 system database will be updated.
The resolution of annexation will have an effective date of which is adequate to allow 911 to
make the adjustment in dispatch priority.
No comments on the annexation have been received from Gallatin County.