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HomeMy WebLinkAbout06-18-18 City Commission Packet Materials - A3. 1803 Bridger Drive Annexation and Zone Map AmendmentPage 1 of 23 18-143, Staff Report for the 1803 Bridger Drive Annexation and Zone Map Amendment Public Hearing Dates: Zoning Commission public hearing was on May 15, 2018. City Commission public hearing is on June 18, 2018. Project Description: Annexation of approximately 0.742 acres and amendment to the City Zoning Map for the establishment of a zoning designation of R-1 “Residential Single-Household Low Density.” Project Location: The property is located east of the intersection of Northview Street and Bridger Drive, and addressed as 1803 Bridger Drive, Bozeman, MT 59715. The property consists of two parcels of land legally described as Lots 5 and 6 of the Mount Baldy Subdivision, Plat F-10, located in the SW ¼ of Section 32, Township 1 South, Range 6 East, P.M.M., City of Bozeman, Gallatin County, Montana. Recommendation: Approval with terms of annexation and contingencies. Recommended City Commission 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 staff report for application #18-143 and move to approve the 1803 Bridger Drive Annexation with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. Zoning Commission Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application #18-143 and move to recommend approval of the 1803 Bridger Drive Zone Map Amendment, with contingencies required to complete the application processing. Recommended City Commission Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission and all information presented, I hereby adopt the findings presented in the staff report for application #18-143 and move to approve the 1803 Bridge Drive Zone Map Amendment, with contingencies required to complete the application processing. Report Date: May 23, 2018 Staff Contact: Danielle Garber; Assistant Planner Agenda Item Type: Action - Legislative 676 18-143, Staff Report for the 1803 Bridger Drive Annexation and Zone Map Amendment Page 2 of 23 EXECUTIVE SUMMARY Unresolved Issues None Project Summary The applicant, Robert Ballard, seeks to annex two parcels totaling roughly 0.742 acres into the City limits and establish initial zoning of R-1 “Residential Single-Household Low Density.” The property is currently zoned “Residential Suburban” within the county. Nearby municipal zoning includes Residential Single-Household Low Density (R-1) to the north and Residential Suburban (R-S) to the south. Land to the east and west is unincorporated and zoned “Residential Suburban” within the county. The future land use map in the Bozeman Community Plan designates the property as “Residential” which the R-1 district serves to implement – see Table C-16 in Appendix C. The subject property is occupied by a single-household residence, which straddles the two parcels, as well as a small shed. The property is surrounded by single-household residential land uses to the north, south, east, and west. Directly north of the property is the Legends at Bridger Creek subdivision and to the south is the Headlands subdivision. For water and wastewater, the existing residence is served a by a well and septic system. The well is located underneath the house, which serves both the household and irrigation water needs. An eight-inch municipal water line is located approximately 200 feet south of the property in the right-of-way of Headlands Drive (across Bridger Drive) and another eight- inch line is located approximately 250 feet to the north in the alley behind the property. Eight-inch municipal sewer lines are also located adjacent to the above-mentioned water lines. The applicant intends to connect to city water and sewer in the alley to the north of the property. The property is accessed from Bridger Drive/State Route 86, which is a Montana Department of Transportation facility. The applicants have agreed to the terms of annexation as shown on the attached and executed agreement. There are still easements and cash in lieu of water rights to be received before the resolution of annexation can be completed. Zoning Commission The Zoning Commission held a public hearing and considered this zone map amendment at its May 15, 2018 meeting. No public comment was received. The Zoning Commission passed a motion recommending this zone map amendment for approval by the City Commission on a unanimous, 4-0, vote. 677 18-143, Staff Report for the 1803 Bridger Drive Annexation and Zone Map Amendment Page 3 of 23 Alternatives 1. Approve the application with the recommended contingencies; 2. Approve the application with modifications to the recommended contingencies; 3. Deny the application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 2 Unresolved Issues ............................................................................................................... 2 Project Summary ................................................................................................................. 2 Alternatives ......................................................................................................................... 3 SECTION 1 - MAP SERIES .................................................................................................... 4 SECTION 2 - RECOMMENDED TERMS OF ANNEXATION ............................................ 6 SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT..... 8 SECTION 4 – ADVISORY COMMENTS .............................................................................. 9 SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 9 Annexation .......................................................................................................................... 9 Zone Map Amendment ....................................................................................................... 9 SECTION 6 - ANNEXATION STAFF ANALYSIS AND FINDINGS ................................ 10 SECTION 7 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 14 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 17 APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 17 APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 18 APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 18 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 22 678 18-143, Staff Report for the 1803 Bridger Drive Annexation and Zone Map Amendment Page 4 of 23 SECTION 1 - MAP SERIES 679 18-143, Staff Report for the 1803 Bridger Drive Annexation and Zone Map Amendment Page 5 of 23 680 18-143, Staff Report for the 1803 Bridger Drive Annexation and Zone Map Amendment Page 6 of 23 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. Recommended terms of annexation: 1. The documents and exhibits to formally annex the subject property must be identified as the “1803 Bridger Drive Annexation.” 2. An Annexation Map, titled “1803 Bridger Drive Annexation Map” with a legal description of the property and any adjoining un-annexed 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" x 11" or 8 ½” by 14" exhibit for filing with the Annexation Agreement at the County Clerk & Recorder, and a digital copy for the City Engineer’s Office. This map must be acceptable to the Director of Public Works and City Engineer’s Office, and must be submitted with the signed Annexation Agreement. 3. 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. 4. 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. 5. 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. 6. If they do not already exist 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. Intersection improvements to Bridger Drive and Story Mill Road 681 18-143, Staff Report for the 1803 Bridger Drive Annexation and Zone Map Amendment Page 7 of 23 The applicant may obtain a copy of the template SID waiver from the City Engineering Department. 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. The applicant must provide a copy of the SID waiver filed with the County Clerk and Recorder prior to annexation. 7. The Annexation Agreement must include notice that the applicant must connect to municipal services and will be responsible for installing any facilities required to provide full municipal services to the property in accordance with city policy at the time of connection. 8. 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. 9. 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. 10. Cash-in-lieu of water rights is required at the time of annexation in the amount of $660.00. 11. If one does not already exist, a ten-foot utility easement must be provided along Bridger Drive with the annexation. The executed easement must be delivered to the City Engineering Department (Griffin Nielsen). The easement must be executed on the City’s standard easement form. A copy of the standard easement form may be obtained from the City Engineering Department. 12. If one does not already exist, a utility easement must be provided for the power line running east to west through the center of the property with the annexation. The applicant must contact Northwestern Energy to obtain details on the required easement. 682 18-143, Staff Report for the 1803 Bridger Drive Annexation and Zone Map Amendment Page 8 of 23 13. Thirty feet of right-of-way (ROW) must be provided along the rear of the property with the annexation to allow the future connection of a local street. The right-of-way must be executed using the City’s standard language. The applicant should contact the City Engineering Department to receive a copy the standard language. 14. Bridger Drive is classified as a principal arterial as such requires 120 feet of right-of-way (ROW). As only 90 feet of ROW exists along the property frontage 15 feet of ROW must be provided along the property frontage with the annexation. The ROW must be executed using the City’s standard language. The applicant should contact the City Engineering Department to receive a copy the standard language. SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT Please note that these contingencies are necessary for the City to complete the process of the proposed amendment. These contingencies only apply in the event that the related annexation request has previously been approved. Recommended Contingencies of Approval: 1. That all documents and exhibits necessary to establish an initial municipal zoning designation shall be identified as the “1803 Bridger Drive Zone Map Amendment.” All required documents must be returned to the City within 60 days of the City Commission action to annex the property or the preliminary approval shall be null and void. 2. That the applicant must submit a zone amendment map, titled “1803 Bridger Drive Zone Map Amendment”, on a 24” by 36” mylar, an 8 ½” by 11” or 8 ½” by 14” paper exhibit, and a digital copy of the area to be zoned, acceptable to the Director of Public Works, which will be utilized in the preparation of the Ordinance to officially amend the City of Bozeman Zoning Map. Said map shall contain a metes and bounds legal description of the perimeter of the subject property including adjacent right-of-ways, and total acreage of the property. 3. That the Ordinance for the Zone Map Amendment shall not be finalized until the Annexation Agreement is signed by the applicant and formally approved by the City Commission. If the annexation agreement is not approved, the Zone Map Amendment application shall be null and void. 683 18-143, Staff Report for the 1803 Bridger Drive Annexation and Zone Map Amendment Page 9 of 23 SECTION 4 – ADVISORY COMMENTS 1. The significant distance between the existing home and the available sewer mains and available elevation drop may require a private pump system to be installed. The City does not maintain or operate private pump systems, the owner of the property will be responsible for any system. 2. Future Impact Fees - Please note that future building permit applications will require payment of the required transportation, water, sewer and fire impact fees according to the City of Bozeman adopted impact fee schedule in place at the time of building permit issuance. If you desire an estimate of the required impact fees according to current rates please contact the Department of Community Development and/or visit www.bozeman.net. 3. Upon future development of the parcel, the transfer of water rights or the payment of cash-in-lieu (CIL) of water rights must be provided per Bozeman Municipal Code 38.410.130. SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS Annexation The Development Review Committee (DRC) met to discuss the proposed annexation on April 25, 2018. The DRC did not make a formal recommendation, but did not express concerns with annexation of the property. The City Commission will hold a public meeting on the annexation on June 18, 2018. The meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6 p.m. Zone Map Amendment Having considered the criteria established for a zone map amendment, Staff recommends approval as submitted. The 1803 Bridger Drive Zone Map Amendment (ZMA) is in conjunction with an annexation request. Staff’s recommendation and staff responses are predicated on approval of the annexation, application #18-143. The Development Review Committee (DRC) considered the amendment on April 25, 2018. The DRC did not identify any infrastructure or regulatory constraints that would impede the approval of the application. The Zoning Commission held a public hearing on this ZMA on May 15, 2018 and forwarded a unanimous recommendation of approval to the City Commission. The City Commission will hold a public meeting on the ZMA on June 18, 2018. The meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6 p.m. 684 18-143, Staff Report for the 1803 Bridger Drive Annexation and Zone Map Amendment Page 10 of 23 SECTION 6 - 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. 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. Neutral. The subject property is not totally surrounded but is bordered by the City to the north and south. 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. Connection to municipal infrastructure for the property will be required and will be the responsibility of the owner. 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 with an eight-inch sewer line running in the alley north of the property. 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 the creation of improvement districts necessary to provide the essential services for future development of the City. Yes. The Recommended Terms of Annexation include requirements to dedicate all easements, rights-of-way for streets, water rights, and waivers of right-to-protest 685 18-143, Staff Report for the 1803 Bridger Drive Annexation and Zone Map Amendment Page 11 of 23 against the creation of improvement districts necessary to provide the essential services for future development of the City. 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 “Residential.” The proposed R-1 “Residential Single-Household Low Density District” is in conformance with the Bozeman Community Plan future land use designation. As Table C-16 from the growth policy shows (see Appendix C), the R-1 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 RS, Residential Suburban). 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 (#18-143) to establish an initial municipal zoning designation of R-1 “Residential Single-Household Low Density.” 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 R-1 “Residential Single-Household Low Density.” Policy 3: Fees for Annexation procedures shall be established by the City Commission. No fee will be charged for any City-initiated annexation. Yes. The appropriate application processing and review fees accompanied the application. 686 18-143, Staff Report for the 1803 Bridger Drive Annexation and Zone Map Amendment Page 12 of 23 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 Bridger Drive to the south, a principal arterial, which is paved to the edge of the subject property. Note: The annexation and the placement of a zoning district designation on the property by the City does not guarantee available services. Section 38.300.020.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 38.410.130 of the municipal code. Yes. The property owner shall provide usable water rights, or cash in-lieu of water rights thereof, in an amount to be determined by the Director of Public Works, as outlined by Section 38.410.130 of the municipal code. The calculated amount will be determined by the Director of Public Works and based on the zoning designation approved by the City Commission. This will be addressed during annexation agreement development, as the site in question is less than ten (10) acres and therefore may not defer provision of water rights as allowed in BMC 38.410.130.C.1. 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 687 18-143, Staff Report for the 1803 Bridger Drive Annexation and Zone Map Amendment Page 13 of 23 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. An eight-inch water main is located in the alley north of the property – approximately 250 feet from the existing structure. An eight-inch sewer main is also located in the alley north of the property. The property is located adjacent to residential development that is currently served by Bozeman Fire. Recommended Term of Annexation #7 includes the provision that the applicant will be responsible for installing facilities required to provide full municipal services to the property in accordance with city policy at the time of connection. 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. Yes. City services are not currently being provided to this property but have been requested by the applicant. Terms of annexation require proper abandonment of the existing onsite septic system. Terms of annexation address the process of installing the new connection to municipal services. Policy 8: The annexation application shall be accompanied by mapping to meet the requirements of the Director of Public Works. Yes. 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 #2). The formal mylar map will be required prior to adoption of 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. The applicant will be required to pay all fire, street, water, and sewer impact fees at the time of connection for any future development as noted in Recommended Term of 688 18-143, Staff Report for the 1803 Bridger Drive Annexation and Zone Map Amendment Page 14 of 23 Annexation #4. Standard language addressing this policy has been developed by the City Attorney for inclusion with all annexation agreements. 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 have been published, 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. Yes. This policy item is specified in Recommended Term of Annexation #3. Policy 12: When possible, the use of Part 46 annexations is preferred. Yes. This annexation is being processed under Part 46 provisions. SECTION 7 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for approval under this title, the advisory boards and City Commission shall consider the following criteria (letters A-K). As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. The burden of proof that the application should be approved lies with the applicant. In considering the criteria the analysis must show that the amendment accomplishes criteria A-D. Criteria E-K must be considered and may be found to be affirmative, neutral, or negative. A favorable decision on the proposed application must find that the application meets all of criteria A-D and that the positive outcomes of the amendment outweigh negative outcomes for criteria E-K. 689 18-143, Staff Report for the 1803 Bridger Drive Annexation and Zone Map Amendment Page 15 of 23 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 residential. As Table C-16 from the growth policy shows (see Appendix C), the R-1 district is a proper implementing district for the future land use designation of “Residential.” 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 R-1 is not likely 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 provides emergency services to adjacent properties and there will be no difficulty extending service to this parcel. 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. Public health and safety will be positively affected as the proposed annexation will allow the existing structure to connect to the City sewer system, thereby removing a septic system and lessening resulting groundwater discharge. D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Yes. The development of public infrastructure improvements to serve the property will be required to conform to the City of Bozeman’s adopted standards which require properties to construct public infrastructure and/or pay impact fees, assessments, and taxes to support transportation, water, sewer, school, parks, and other public requirements. City water and sewer lines are located adjacent to the property to the north (approximately 250-feet from the existing structure) and the terms of annexation require the applicant to connect to municipal services and install any facilities required to provide full municipal services to the property. The property is accessed from Bridger Drive (principal arterial) and the Bridger Creek trail is located across Bridger Drive. Park dedication is not required as there is an existing residence on the property. 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 R-1 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. 690 18-143, Staff Report for the 1803 Bridger Drive Annexation and Zone Map Amendment Page 16 of 23 F. The effect on motorized and non-motorized transportation systems. Neutral. The proposed R-1 zoning designation will have a neutral effect on the City’s motorized and non-motorized transportation systems as the property is occupied by an existing residence. As a result, the impact to the motorized and non-motorized transportation systems is not anticipated to change. The terms of annexation require dedication of 30 feet of right-of-way along the rear (north) of the property to allow the future connection of a local street. In the event this local street is built, it would have a positive effect on the motorized and non-motorized transportation systems as it would increase street connectivity adjacent to the Legends subdivision and result in the addition of a sidewalk. G. Promotion of compatible urban growth. Yes. The proposed R-1 zoning designation promotes compatible urban growth as the property is bordered by the City to the north and south and surrounding land uses are single- household residential. Additionally, the proposed R-1 zoning designation is in accordance with the Bozeman Community Plan’s future land use designation of “Residential” – see Appendix C. H. Character of the district. Yes. The proposed R-1 zoning does promote the character of the district as the intent of the Residential Single-Household Low Density district is to “provide for primarily single- household residential development and related uses within the City at urban densities.” Surrounding properties are low-density single-household residential. Adjacent properties in the City are zoned R-1 to the north and R-S (Residential Suburban) to the south. Adjacent properties in Gallatin County, to the east and west, are zoned Residential Suburban. The proposed R-1 zoning designation is consistent with the character of the neighborhood as well as existing development on the property. I. Peculiar suitability for particular uses. Yes. The property is located in an area of single-household residential development which is suitable for uses allowed in the R-1 zoning district. The proposed R-1 zoning designation is suitable for the current use of the property. J. Conserving the value of buildings. Yes. There is an existing single-household residential structure on the property in an area of compatible residential land uses. The proposed R-1 zoning designation will allow for similar land use patterns and will thus conserve the value of buildings in the area. The applicant has not proposed future alteration or development on the property. Any future development on the property will be subject to standards in the R-1 zoning district which will ensure the conservation of adjacent building values. 691 18-143, Staff Report for the 1803 Bridger Drive Annexation and Zone Map Amendment Page 17 of 23 K. Encourage the most appropriate use of land throughout the jurisdictional area. Yes. The proposed R-1 zoning designation will encourage the most appropriate use of land as the property is surrounded by low-density single-household residential development, which is consistent with the R-1 designation. Furthermore, the proposed R-1 zoning designation is consistent with the Bozeman Community Plan’s future land use map designation of “Residential.” PROTEST NOTICE FOR ZONING AMENDMENTS IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. The City will accept written protests from property owners against the proposal described in this report until the close of the public hearing before the City Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the area affected by the proposal or by owner(s) of real property that lie within 150 feet of an area affected by the proposal. The protest must be in writing and must be signed by all owners of the real property. In addition, a sufficient protest must: (i) contain a description of the action protested sufficient to identify the action against which the protest is lodged; and (ii) contain a statement of the protestor's qualifications (including listing all owners of the property and the physical address and legal description of the property), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw a previously filed protest at any time prior to final action by the City Commission. Protests must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230. APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND The applicant, Robert Ballard, seeks to annex two parcels totaling roughly 0.724 acres into the City limits and establish initial zoning of R-1 “Residential Single-Household Low Density.” The property is currently zoned “Residential Suburban” within the county. Nearby municipal zoning includes Residential Single-Household Low Density (R-1) to the north and Residential Suburban (R-S) to the south. Land to the east and west is unincorporated and zoned “Residential Suburban” within the county. The future land use 692 18-143, Staff Report for the 1803 Bridger Drive Annexation and Zone Map Amendment Page 18 of 23 map in the Bozeman Community Plan designates the property as “Residential” which the R-1 district serves to implement – see Table C-16 in Appendix C. The subject property is occupied by a single-household residence, which straddles the two parcels, as well as a small shed north of the residence. The property is surrounded by single- household residential land uses to the north, south, east, and west. Directly north of the property is the Legends and Bridger Creek subdivision and to the south is the Headlands subdivision. The existing residence is served a by a well and septic system. The well is located underneath the house, which serves both the household and irrigation water needs. An eight- inch municipal water line is located approximately 200 feet south of the property in the right- of-way of Headlands Drive (across Bridger Drive) and another eight-inch line is located approximately 250 feet to the north in the alley behind the subject property. Eight-inch municipal sewer lines are also located adjacent to the above-mentioned water lines. The applicant intends to connect to city water and sewer in the alley to the north of the property. The significant distance between the existing home and the available sewer mains and available elevation drop may require a private pump system to be installed. The City does not maintain or operate private pump systems, the owner of the property will be responsible for any system. The property is accessed from Bridger Drive/State Route 86, which is a Montana Department of Transportation facility. APPENDIX B - NOTICING AND PUBLIC COMMENT Notice was sent via US 1st Class mail on Thursday, April, 26 2018 to all owners of property inside the proposed change and within 200 feet of the perimeter of the change. The project site was posted as required. Notice was published in the Legal Ads section of the Bozeman Daily Chronicle on April 29, 2018 and May 6, 2018. The Zoning Commission public hearing was on May 15, 2018 and the City Commission public hearing is scheduled for June 18, 2018. APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING Adopted Growth Policy Designation: The property has a future land use designation of “Residential” in the Bozeman Community Plan. According to the plan, “This category designates places where the primary activity is urban density dwellings. Other uses which complement residences are also acceptable such as parks, low intensity home based occupations, fire stations, churches, and schools. High density residential areas should be established in close proximity to commercial centers to facilitate the provision of services and employment opportunities to persons without requiring the use of an automobile. Implementation of this category by residential zoning 693 18-143, Staff Report for the 1803 Bridger Drive Annexation and Zone Map Amendment Page 19 of 23 should provide for and coordinate intensive residential uses in proximity to commercial centers. The residential designation indicates that it is expected that development will occur within municipal boundaries, which may require annexation prior to development. The dwelling unit density expected within this classification varies between 6 and 32 dwellings per net acre. A higher density may be considered in some locations and circumstances. A variety of housing types can be blended to achieve the desired density. Large areas of single type housing are discouraged. In limited instances the strong presence of constraints and natural features such as floodplains may cause an area to be designated for development at a lower density than normally expected within this category. All residential housing should be arranged with consideration of compatibility with adjacent development, natural constraints such as watercourses or steep slopes, and in a fashion which advances the overall goals of the Bozeman growth policy. The residential designation is intended to provide the primary locations for additional housing within the planning area.” As Table C-16 from the Bozeman Community Plan shows, the proposed zoning of R-1 is an implementing district for the future land use designation of “Residential.” 694 18-143, Staff Report for the 1803 Bridger Drive Annexation and Zone Map Amendment Page 20 of 23 Proposed Zoning Designation and Land Uses: The applicant has requested zoning of R-1 (Residential Single-Household Low Density District) in association with the annexation of the property. The intent of the R-1 District is, “…to provide for primarily single-household residential development and related uses within the city at urban densities. These purposes are accomplished by: 1. Providing for a minimum lot size in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and housing types in newly developed areas. 2. Providing for such community facilities and services as will serve the area's residents while respecting the residential character and quality of the area.” Tables 38.310.030.A and 38.310.030.B establish the uses that are allowed in the R-1 zoning districts. Table 38.310.030.A – Permitted general and group residential uses in residential zoning districts Table clarifications: 1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted 2. If a * appears after the use, then the use is defined in article 7. 3. Where a code section is referenced after the use, then the use is subject to the additional standards specific to the 4. subject use in that code section. 5. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the footnotes immediately following the table. Uses R-1 General Residential Accessory dwelling units* - attached (38.360.040)2 P Accessory dwelling units* - detached (38.360.040) S Apartments/apartment building* — Cottage housing (38.360.110)* P Manufactured homes on permanent foundations (38.360.160)* P Manufactured home communities * — Single-household dwelling (38.360.210) P Two-household dwelling (38.360.210) — Three household dwelling or four- household dwelling (38.360.210) — Townhouses* & rowhouses* (two attached units) (38.360.240) P2 Townhouses* & rowhouses* (five attached units or less) (38.360.240) — Townhouses* & rowhouses* (more than five attached units) (38.360.240) — Group Residential 695 18-143, Staff Report for the 1803 Bridger Drive Annexation and Zone Map Amendment Page 21 of 23 Community residential facilities* with eight or fewer residents P Community residential facilities* serving nine or more residents — Cooperative household* S Family day care home* P Group day care home* P Group living (38.360.150)* P Notes: 1. The primary use of a lot, as measured by building area, permitted in the R-O district is determined by the underlying growth policy land use designation. Where the district lies over a residential growth policy designation the primary use shall be non-office uses; where the district lies over a nonresidential designation the primary use shall be office and other nonresidential uses. Primary use shall be measured by percentage of building floor area. 2. In the R-S, R-1, and RMH district townhomes are only allowed when utilized to satisfy the requirements of division 38.380, Affordable Housing. May only be utilized in developments subject to division 38.380 of this article. 3. In the R-3 district, townhouse groups must not exceed 120 feet in total width. Table 38.310.030.B – Permitted accessory and non-residential uses in residential zoning districts Table clarifications: 1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted 2. If a * appears after the use, then the use is defined in article 7. 3. Where a code section is referenced after the use, then the use is subject to the additional standards specific to the subject use in that code section. 4. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the footnotes immediately following the table. Uses R-1 Accessory Uses Lodging houses* — Essential services Type I* A Guest house* A Home-based businesses (38.360.140)* A/S Other buildings and structures typically accessory to authorized uses A Private or jointly owned recreational facilities A Signs*, subject to article 5 of this chapter A Temporary buildings and yards incidental to construction work A Temporary sales and office buildings A Non-Residential Uses Agricultural uses* on 2.5 acres or more (38.360.060) — Agricultural uses* on less than 2.5 acres (38.360.060) — 696 18-143, Staff Report for the 1803 Bridger Drive Annexation and Zone Map Amendment Page 22 of 23 Bed and breakfast* C Commercial stable (38.360.220) — Community centers* C Day care centers* S Essential services Type II* P Essential services Type III*2 C Short Term Rental (Type 1)* P Short Term Rental (Type 2)* — Short Term Rental (Type 3)* — Golf courses C Offices* — Public and private parks P Medical offices, clinics, and centers* — Recreational vehicle parks (38.360.200)* — Restaurant — Retail — Uses approved as part of a PUD per division 38.380 of this article C Veterinary uses — Notes: 1. The primary use of a lot, as measured by building area, permitted in the R-O district is determined by the underlying growth policy land use designation. Where the district lies over a residential growth policy designation the primary use shall be non- office uses; where the district lies over a nonresidential designation the primary use shall be office and other nonresidential uses. Primary use shall be measured by percentage of building floor area. 2. Only allowed when service may not be provided from an alternative site or a less intensive installation or set of installations. 3. Only when in conjunction with dwellings. 4. Subject uses are limited to 2,500sf of gross floor area and only allowed on street corner sites within a mixed use building featuring residential units next to and/or above subject uses. APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF Owners: Robert P. Ballard and Cynthia L. Ballard, 1803 Bridger Drive, Bozeman, MT 59715 Applicant: Robert P. Ballard, 1803 Bridger Drive, Bozeman, MT 59715 Representative: None Report By: Danielle Garber, Assistant Planner 697 18-143, Staff Report for the 1803 Bridger Drive Annexation and Zone Map Amendment Page 23 of 23 FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this annexation or zone map amendment. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. 1803 Bridger Drive Annexation and Zone Map Amendment application materials 1803 Bridger Drive Annexation Map 1803 Bridger Drive Zoning Map 1803 Bridger Drive Annexation Agreement 698 699 700 701 702 703 704 705 N1 NOTICING MATERIALS LIST Names and addresses of all property owners within 200 feet of the project site. Timothy and Joan Klopper, 2271 Deer Park Court, Bozeman, Mt 59715-2230 Benjamin and Kristen Davidson, 8 Marine Drive, Blakely Island, Washington 98222- 5038 Mr. and Mrs. J Schomer, 1725 Bridger Drive, Bozeman, Mt 59715 Mr. and Mrs. M. Muller 1717 Bridger Drive, Bozeman, Mt. 59715 Legends at Bridger Creek II, Ph1 Park AR, PO Box 1 Bozeman, Mt, 59771-0001 Erin and Jake Neil, 3318 Sundance Dr., Bozeman, Mt 59715-9625 JLG Properties LLC, 251 Hamilton Rd. Belgrade, Mt, 59714-8336 Tom Barrett/Glen Chamberlin, PO Box 3142, Bozeman, Mt. 59772-3142 Guinness Partners, Inc. PO Box 9079, Missoula, Mt. 59807-9079 Mason Grahl & Charlene Krygier J JT Rev Living Trust /Mason Grahl & Trustee Charlene Krygier Trustee 2278 Deer Park Court Bozeman 59715-2229 706 1803 Bridger Drive Annexation ZONE MAP AMENDMENT REQUIREMENTS Project Narrative Purpose The purpose of this document is to apply for annexation to the City of Bozeman for the purpose of connecting to the city sewer/water supply and other related city services. Technical Location The property in question is located on lots 5/6 Mt Baldy Subdivision SW1/4SE1 –S1/2SW1/4 in Gallatin County. It encompasses a total area of 32,300 square feet or .74 of an acre in size. Property Description Detail The property is a 3 bedroom, 1.5 bath private residence with a connected 2 car garage. The square footage for the residence is 1690 square feet total. The structure sits in the southern third of the property at an approximate 10 degree angle to the southern property line on Bridger Drive. There is a single driveway on the southeastern side of the residence. There are no outbuildings other than a small metal shed 10 foot square and sitting 28 feet to the northwest of the main structure. There are several trees, including pine, weeping birch and cottonwood scattered on the property. The property line on both the east and west side contain various shrubs and bushes that serve as a wind break/privacy barrier. Records indicate that the house was built in 1957. Present Services Water – The house is presently serviced by a 25 psi red jacket well pump connected to the well head on the northwest of the structure. The entire system is under the house and is serviced through a four foot crawlspace which include a pressure tank at the same location. There is no external well head. This system serves both the internal and external residential needs of the house, including external irrigation. The well is 75 feet in depth, and the water has been professionally tested with no hazardous elements discovered. Sewer- The septic system consists of a 1500 gallon metal septic tank connected to a 40 foot single drain field line. The system was installed when the house was built, and was apparently repaired/upgraded in the 1980’s. Improvements included replacing lines with PVC materials and installing a cleanout line 10’ north of the septic tank north wall. Future Objective Once approval is obtained from the City of Bozeman, a qualified contactor will be retained to disconnect the sewer system from the house and install a drain line 257’ to tie into the city sewer system in the north alley corridor (alley behind the house). Also to disconnect the well-based internal residential water service system and replace with the city water system in the same alley corridor described above, allowing the well-based system to provide irrigation for the property. Research and discussion with a contractor indicate the residence is well within the required distance to afford this procedure for both city water and sewer services. 707 ZONE MAP AMENDMENT REQUIREMENTS QUESTION A Is the new zoning designed in accordance with the growth policy? How? Yes. The residence is a single family structure which has been in existence since 1957 in the Mt Baldy Addition. No other new structures will be added to the property which will impact the growth of the area. The addition of sewer/water services is in accordance with the present growth policy. It is presently zoned R-S (suburban residential) and is consistent with the Bozeman Community Plan. It is a residential property which is consistent with the surrounding properties. An R-1 re -designation for this property is requested. QUESTION B Will the new zoning secure safety from fire and other dangers? How? Yes. The provisions established in the zoning designations have provisions for adequate transportation facilities, designated water and fire service lines and adequate emergency exits and escapes, which will address safety concerns with any further development of the property. Any new structures and development on the property would be required to meet the minimum zoning requirements for setback, lot coverage, height limitations and lot sizes to ensure the health, safety and general welfare of the surrounding community. Per Chapter18.02 of the UDC, the City of Bozeman has the authority and power to ask for more than the minimum standards if it ensures the best service to the public interest. QUESTION C Will the new zoning promote public health, public safety and general welfare? How? Yes. The property is an established residence served by an aging septic system. Attachment to the city system through annexation would offset the possibility of a failure of the present wastewater system, thereby promoting public health, public safety and general welfare. Water services and fire protection will be available which will ensure sufficient firefighting capacity. The professional firefighting services of the City will be able to provide a faster response to emergency needs that the current volunteer coverage. The regulatory provisions established through the City’s municipal code under Title 18, Unified Development Ordinance, BMC, and will adequately address the issues of health and general welfare. A 12-inch water main and 8-inch sewer main are immediately available from the Legends Development north of the property in a service alley. The proposed change will promote health and general welfare by complying with the Unified Development Code (UDC) QUESTION D Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements? How? Yes. Services currently exist or can be provided as needed to the area being annexed and rezoned. Taxes and fees will be paid according to the standards established by ordinance for all users within the city. 708 Currently water and sewer mains are available to the property, and will be available for connections following annexation approval. Emergency services are currently serving this are, and municipal police and fire are within adequate response time of the site. The proposed zoning is consistent with the Bozeman Community Plan and will not create any more traffic than has been anticipated. The property is located close to the City of Bozeman Fire and Police Departments and within the service area of American Medical Response ambulance services. The proposed R-1 zoning is consistent with adjacent zoning designations and development in compliance with the UDC will secure safety from fires, panic, and other dangers. QUESTION E Will the new zoning provide reasonable provision of adequate light and air? How? Neutral. Compliance with the UDO will assure the provision of adequate light and air in the described property. QUESTION F Will the new zoning have an effect of motorized and non-motorized transportation systems? How? Neutral. The new zoning will have no effect of both motorized and non-motorized transportation systems. QUESTION G Does the new zoning promote compatible urban growth? How? Neutral. This is long term established property in a suburban area (R-S zoning) Question H Does the new zoning promote the character of the district? How? The proposed R-1 zoning seamlessly fits in with the present residential character of the properties that surround it. This property is identified as Residential on the 2020 Plan. QUESTION I Does the new zoning address affect the area’s peculiar suitability for particular uses? How? The new zoning will not affect the areas’ peculiar suitability for particular uses QUESTION K Does the new zoning encourage the most appropriate use of land throughout the jurisdictional area? Yes. The proposed zoning is consistent with the 2020 plan which determined that the described property is suitable for medium density, residential use. 2. The property is presently zoned RS. I am requesting a re-zoning to (R-1). Please refer to the attached county zoning designation map located behind this page. 709 Questions 3-9 from Annexation checklist 3. If the property is currently in agricultural use please identify current crops/conditions -the property is not currently in agricultural but residential use 4. Number of residential units existing on the property? - one 5. Number and type of commercial structures on the property? -none 6. Estimate of existing population of the property? -two 7. Assessed value of the property? -$237,700 8. Existing on site facilities and utilities (gas, power, telephone, cable, septic systems, wells, Etc) -the property is served by a natural gas pipeline, a cable line , power is supplied by a line coming from the power service above ground north of the property, there is a single line septic system, and water service is provided by a 100’ deep well with an above ground well pump under the house. 9. Any additional information that would be helpful in the city’s review of the application -The septic system of my home while functioning, is over 50 years old and is in need of replacement. While I would prefer to simply replace the system with a new one, that is not possible because of the barriers created by how close the city services are in proximity to the house. I am certain that this issue will not be uncommon to the Mt Baldy Subdivision in the future as other homes find the need to replace their sewer systems and are unable to due to legal constraints. 710 711 712 1803 Bridger Drive Annexation Agreement 1 Inter-office Original to: City of Bozeman City Clerk PO Box 1230 Bozeman MT 549771-1230 1803 BRIDGER DRIVE ANNEXATION AGREEMENT THIS AGREEMENT made and entered into this ______ day of __________________, 2018, by and between the CITY OF BOZEMAN, a municipal corporation and self-governing political subdivision of the State of Montana with offices at 121 N. Rouse Avenue, Bozeman, Montana 59771- 0640, hereinafter referred to as "City", and Robert Ballard, 1803 Bridger Drive, Bozeman MT 59715, hereinafter referred to as "Landowner". WITNESSETH: WHEREAS, Landowner is owner in fee of a tract of certain real property, hereinafter referred to as the 1803 BRIDGER DRIVE ANNEXATION situated in Gallatin County, Montana, and more particularly described as follows: An area of land comprised described as follows: MOUNT BALDY SUB, S32, T01 S, R06 E, Lot 5 - 6, PLAT F-10 All as depicted on the 1803 Bridger Drive Annexation Map. 713 1803 Bridger Drive Annexation Agreement 2 WHEREAS, the Landowner petitioned the City for annexation to the City of said tract of land; and WHEREAS, the 1803 BRIDGER DRIVE ANNEXATION is not within the corporate limits of the City or other municipality and may therefore be annexed to the City in accordance with the provisions of this Agreement and Title 7, Chapter 2, Part 46, Mont. Code Ann.; and WHEREAS, all parties recognize the annexation of the 1803 BRIDGER DRIVE ANNEXATION pursuant to Section 7-2-4601, et seq., Mont. Code Ann. will allow the 1803 BRIDGER DRIVE ANNEXATION to connect to and utilize City services, including municipal water and sewer service, fire service, and the City’s street system; and WHEREAS, Section 7-2-4610, Mont. Code Ann. provides that a municipality and landowner can agree to the provisions of services to the area to be annexed; and WHEREAS, the parties recognize additional development on the 1803 BRIDGER DRIVE ANNEXATION will impact area streets and fire services, and that future improvements may require additional public street improvements for traffic circulation and the provisions of fire services; and WHEREAS, the Landowner finds this Agreement will provide for the most satisfactory and dependable water supply and sewer supply or service, and provide traffic circulation and fire service for development of the 1803 BRIDGER DRIVE ANNEXATION; and WHEREAS, the parties have determined that it is in the best interests of the City and Landowner, and in furtherance of the public health, safety and welfare of the community to enter into and implement this Agreement. WITNES S ETH : IN CONSIDERATION of the mutual covenants and agreements herein contained, the parties hereto agree as follows: 714 1803 Bridger Drive Annexation Agreement 3 1. Recitals The above recitals are true and correct. 2. Annexation The Landowner filed an application for annexation of the 1803 BRIDGER DRIVE ANNEXATION with the City on March 29, 2018. By execution of this Agreement, the City manifests its intent to annex the 1803 BRIDGER DRIVE ANNEXATION tract pursuant to the terms and conditions of this Agreement. Subject to the provisions of Title 7, Chapter 2, Part 46, Mont. Code Ann. the City shall, upon execution of this Agreement, adopt a Resolution of Annexation of the 1803 BRIDGER DRIVE ANNEXATION. Further, upon the execution of this Agreement, the Landowner shall do all things required by this Agreement and all things necessary and proper to aid and assist the City in carrying out the terms, conditions and provisions of this Agreement and to effect the annexation of the 1803 BRIDGER DRIVE ANNEXATION. 3. Services Provided The City will, upon annexation, make available to the 1803 BRIDGER DRIVE ANNEXATION existing City services only to the extent currently available, or as provided in this Agreement. 4. Municipal Water Service Defined The term "municipal water service" as is used in this agreement shall be the service which is supplied by the City in accordance with Chapter 40, Article 2, Bozeman Municipal Code, as amended, as well as any other terms and conditions which apply to the City's provision of municipal water service but does not include the extension of lines or construction of necessary improvements at any cost to the City for delivery of water to and within the 1803 BRIDGER DRIVE ANNEXATION. Nothing in this Agreement shall obligate the City to pay for right-of-way acquisition, engineering, construction, and other costs for the delivery of water to or within the 1803 BRIDGER DRIVE ANNEXATION to include, 715 1803 Bridger Drive Annexation Agreement 4 but not limited to, any impact fees, hook-up, connection, or development charges which have been or may be established by the City. 5. Municipal Sewer Service Defined The term "municipal sewer service" as is used in this Agreement shall be the service which is supplied by the City in accordance with Chapter 40, Article 3, Bozeman Municipal Code, as amended, as well as any other terms and conditions which apply to the City's provision of this service but does not include the extension of lines or construction of necessary improvements at any cost to the City for collection of sewage at and within the 1803 BRIDGER DRIVE ANNEXATION. Nothing in this Agreement shall obligate the City to pay for right-of-way acquisition, engineering, construction, and other costs for the collection of sewage services to or within the 1803 BRIDGER DRIVE ANNEXATION to include, but not limited to, any impact fees, hookup, connection, or development charges which may be established by the City. 6. Water and Sewer Connections Landowner understands and agrees that within 60 days of City Commission approval of the Annexation Agreement, the existing residence on the property must be connected to City water and sewer utilities. Water and sewer services must be constructed in accordance with design and specifications approved by the City prior to the installation of the water and sewer lines. Landowner must contact the City Water and Sewer Superintendent to obtain details of construction requirements. Landowner must notify the City Water and Sewer Superintendent a minimum of 48 hours prior to construction of the services and disconnection of the well and septic system abandonment.. Landowner further understands and agrees that prior to connection to the City water and sewer system, the existing on-site sewage treatment system must be properly abandoned and certification provided to the City Water and Sewer Superintendent that the abandonment occurred. The applicant must report the 716 1803 Bridger Drive Annexation Agreement 5 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. Any wells presently used for domestic purposes may be retained for irrigation only, with no physical connection to domestic water piping. Certification that there is no physical connection between an on- site well and the domestic water piping must be provided. The City Water and Sewer Superintendent may perform an inspection of the property and certify that the disconnection of the well and septic system abandonment are properly completed. Landowner understands and agrees that if Landowner fails to properly abandon the existing system and/or fails to disconnect the existing well from the domestic water piping as required herein the City may upon ten day’s written notice to the Landowner terminate water and/or sewer services to the property. Costs of all disconnects and/or subsequent reconnects shall be borne by Landowner. 7. Water Rights The Landowner specifically recognizes and agrees that provisions for water rights or cash in-lieu of water rights shall be provided upon further development or subdivision of the property in accordance with Section 38.23.180, Bozeman Municipal Code. The amount of water rights or cash-in-lieu thereof due at the time of further development or subdivision of the property will be calculated based on the annual demand for volume of water the development will require multiplied by the most current annual unit price in effect on the date the water rights are transferred or payment-in-lieu of water rights is to be made to the City. As such, the Landowner acknowledges that the rates for cash in-lieu of water rights may increase over time as established by Resolution of the City Commission. Payment of $660 for cash- in-lieu of water rights for the existing home on the property is due at the time of annexation. 717 1803 Bridger Drive Annexation Agreement 6 8. Comprehensive Water and Water Design Report Prior to future development of the property the City may require the Landowner to have prepared by a Professional Engineer, at Landowner’s expense, a comprehensive design report evaluating existing capacity of sewer and water utilities in the area. The report must include hydraulic evaluations of each utility for both existing and post-development demands, and the report findings must demonstrate adequate capacity to serve the full development of the land. If adequate infrastructure capacity is not available for the proposed development, the report must identify necessary water or wastewater system improvements necessary for the proposed development. If improvements to this water or wastewater system are necessary, the Landowner agrees prior to development of the 1803 BRIDGER DRIVE ANNEXATION to complete, at Landowner’s expense, the necessary system improvements to serve the proposed development. 9. Future Development Limitations The Landowner shall be responsible for installing all facilities required to provide full municipal services to the property in accordance with the City’s Infrastructure Master Plans and all City regulations, policies and guidelines that may be in effect at the time of any future development. Thus, Landowner understands and agrees that there is no right, either granted or implied, for the Landowner to further develop any of the 1803 BRIDGER DRIVE ANNEXATION until it is verified by the City that the necessary municipal services, including but not limited to police and fire protection, streets, and sewer and water capacity, are available to all or a portion of the 1803 BRIDGER DRIVE ANNEXATION. Notice is thus provided to the Landowner that prior to additional development of the property, the Landowner will be solely responsible for installing, at Landowner’s sole expense, any facilities or infrastructure required to provide full municipal services to the 1803 BRIDGER DRIVE ANNEXATION in accordance with the City’s infrastructure plans, adopted Growth Policies/Community 718 1803 Bridger Drive Annexation Agreement 7 Plans, and all other city regulations, policies and guidelines that may be in effect at the time of development. 10. Stormwater Master Plan Landowner understands and agrees a Stormwater Master Plan for the 1803 BRIDGER DRIVE ANNEXATION for a system designed to remove solids, oils, grease, and other pollutants from the runoff from the public streets may be required to be provided to and approved by the City Engineer at the time of any future development. The plan must demonstrate that adequate treatment of runoff from the public streets and all future lots will be achieved by providing spot elevations, flow direction arrows, detention and/or retention basin details (including basin sizing calculations and basin typical sections), outlet structure details, and culvert capacity calculations. The plan must also locate and provide easements for adequate drainage ways within the annexation area to transport treated runoff to the stormwater receiving channel. The plan shall include site grading and elevation information, typical stormwater detention/retention basin and discharge structure details, basin sizing calculations, and stormwater maintenance plan. 11. Waiver of Right-to-Protest Special Improvement Districts A. Landowner shall execute a Waiver of Right-to-Protest Creation of Special Improvement Districts (SID) for the maintenance of any parks within the annexed area and/or of a City-wide Park Maintenance District. The Landowner agrees such SID will provide a mechanism for the fair and equitable assessment of maintenance costs for such parks. The waiver is attached hereto as Exhibit “A” and is hereby incorporated in and made a part of this Agreement. B. Landowner shall execute a Waiver of Right-to-Protest Creation of Special Improvement Districts for street improvements including paving, curb and gutter, sidewalk and stormwater drainage facilities for BRIDGER DRIVE. Landowner agrees such an SID will provide a mechanism for the fair 719 1803 Bridger Drive Annexation Agreement 8 and equitable assessment of construction and maintenance costs for such improvements. The waiver is attached hereto as Exhibit “B” and is hereby incorporated in and made a part of this Agreement. C. Landowner shall execute a Waiver of Right-to-Protest Creation of Special Improvement Districts for intersection improvements to the intersection of STORY MILL ROAD AND BRIDGER DRIVE. Landowner agrees such an SID will provide a mechanism for the fair and equitable assessment of construction and maintenance costs for such improvements. The waiver is attached hereto as Exhibit “B” and is hereby incorporated in and made a part of this Agreement. D. Landowner agrees that in the event an SID is not utilized for the completion of these improvements as described in subsections A and B above, the Landowner shall participate in an alternative 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. 12. Public Street and Utility Easement The Landowner understands and agrees that a public street and utility easement shall be provided for a 15-FEET OF ADDITIONAL RIGHT-OF-WAY ALONG BRIDGER DRIVE WHICH WILL CONTAIN A 10-FOOT UTILITLY EASEMENT, AND 30-FEET OF RIGHT-OF-WAY ALONG THE REAR PROPERTY LINE FOR A FUTURE ROADWAY. The Landowner, at its sole expense, has created such an easements in a location and form agreeable to the City and the easements will be filed at the Gallatin County Clerk and Recorder’s Office. 13. Street Improvements The Landowner understands and agrees that at the time of future development the portion of BRIDGER DRIVE fronting this property will be required to be improved to a City standard. 14. Impact Fees 720 1803 Bridger Drive Annexation Agreement 9 Landowner acknowledges that annexation and development of their property will impact the City’s existing street, water and sewer infrastructure, and the City’s fire service. As approved by the City, the land owners and their successors shall pay: A) Fire impact fees equal to the amount per Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at time of issuance of building permit. B) Transportation impact fees equal to the amount per Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at time of issuance of building permit. C) Water impact fees as required by Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at the time of connection to city water. D) Sewer impact fees as required by Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at the time of connection to city sewer. The amount of impact fee to be paid for connection to the city’s water and sewer services, if any, shall be calculated based on the provisions of the Bozeman Municipal Code, as amended, in effect at the time of application for a permit to connect. The amount of street or fire impact fees to be paid, if any, shall be calculated based on the provisions of the Bozeman Municipal Code, as amended, in effect at the time an application for building permit is submitted. Landowner further understands and agrees that any improvements, either on-site or off-site, necessary to provide connection of the 1803 BRIDGER DRIVE ANNEXATION municipal services and which are wholly attributable to the property as determined exclusively by the city are considered “project related improvements” as defined in Chapter 2, Article 6, Division 9, Bozeman Municipal Code, as amended, and as such, are not eligible for impact fee credits. If Landowner defaults on this condition at the time such is to be performed, and should default not be remedied or corrected within thirty (30) days after written notice by City to the Landowner and Landowner/Developer of such default, City may at their option: A) Declare the amounts owing for impact fees immediately due and payable and City shall have the right and privilege to take legal action against Landowners for the collection of such sum, including the entry of any judgment. In addition, the City may, at its option, enforce payment of such amount by levying an assessment on the premises. 721 1803 Bridger Drive Annexation Agreement 10 B) Elect any other remedy available to City under the laws of the State of Montana. 15. Additional Terms The parties recognize these documents shall be filed and of record with the Gallatin County Clerk and Recorder prior to the sale of any land within the 1803 BRIDGER DRIVE ANNEXATION. The parties further agree that the City may file these documents at any time. 16. Governing Law and Venue This agreement shall be construed under and governed by the laws of the state of Montana. In the event of litigation, venue is in the Eighteenth Judicial District Court, in and for County of Gallatin, State of Montana. 17. Attorney’s Fees In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement, then the prevailing party shall be entitled to reasonable attorney’s fees and costs, to include the salary and costs of in-house counsel including City Attorney. 18. Waiver No waiver by either party of any breach of any term, covenant or agreement shall be deemed a waiver of the same or any subsequent breach of this same or any other term, covenant or agreement. No covenant, term or agreement shall be deemed waived by either party unless waived in writing. 19. Invalid Provision The invalidity or unenforceability of any provision of this agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. 20. Modifications or Alterations 722 1803 Bridger Drive Annexation Agreement 11 No modifications or amendment of this Agreement shall be valid unless evidenced by a writing signed by the parties hereto. 21. No Assignment It is expressly agreed that the Landowner and/or Landowner/Developer shall not assign this Agreement in whole or in part without prior written consent of the City. 22. Successors This Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties hereto and their respective heirs, successors and assigns and specifically to any subsequent purchaser of the annexed property. 23. Covenants to Run with the Land The parties intend that the terms of this Agreement shall benefit the 1803 BRIDGER DRIVE ANNEXATION and shall be covenants running with the land and shall not expire at their deaths or upon transfer of ownership of the property. The undersigned Landowner affirms that they have authority to enter into this Agreement and to bind themselves to this Agreement. 723 724 1803 Bridger Drive Annexation Agreement 13 CITY OF BOZEMAN ____________________________________ By: Andrea Surratt City Manager ATTEST: ________________________________ Clerk of the City Commission STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this _____ day of , 2018, before me, a Notary Public for the state of Montana, personally appeared Andrea Surratt and Robin Crough, known to me to the persons described in and who executed the foregoing instrument as City Manager and Clerk of the City Commission respectively, of the City of Bozeman, whose names are subscribed to the within instrument and acknowledged to me that they executed the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) _________________________________________ (Printed Name Here) Notary Public for the State of Montana Residing at _______________________ My Commission Expires:____________ (Use 4 digits for expiration year) 725 1803 Bridger Drive Annexation Agreement 14 EXHIBIT “A” WAIVER OF RIGHT-TO-PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICT FOR A CITY-WIDE SPECIAL DISTRICT FOR PARKS, TRAILS OR OPEN SPACE 1803 BRIDGER DRIVE ANNEXATION The undersigned owner of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: MOUNT BALDY SUB, S32, T01 S, R06 E, Lot 5 - 6, PLAT F-10. IN CONSIDERATION of receiving approval for annexation of the subject property from the City of Bozeman, along with accompanying rights and privileges and for other and valuable consideration, the receipt of which is hereby acknowledged, and in recognition of the impact to City parks, trails, and open space which will be caused by the development of the above-described property, the Landowner has waived and does hereby waive for itself, its successors and assigns forever the right to protest the creation of one or more special districts to fund capital improvements, operations, and maintenance of any parks, trails, or open spaces within the annexed area and/or of a City-wide special district to fund capital improvements, operations, and maintenance of parks, trails, and open spaces throughout the City, which would provide a mechanism for the fair and equitable assessment of costs for City parks, trails, and open spaces, or to make any written protest against the size or area or creation of the district be assessed in response to a duly passed resolution of intention to create one or more special districts for the above described purposes and which would include the above-described property. This waiver is made for the benefit of the property described above and shall be a covenant running with the land. The terms, covenants and provisions of this waiver shall extend to, and be binding upon the successors-in-interest and assigns of the Landowner. 726 727 1803 Bridger Drive Annexation Agreement 16 EXHIBIT “B” WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS 1803 BRIDGER DRIVE ANNEXATION The undersigned owner of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: MOUNT BALDY SUB, S32, T01 S, R06 E, Lot 5 - 6, PLAT F-10 IN CONSIDERATION of receiving approval for annexation of the subject property from the City of Bozeman, along with accompanying rights and privileges and for other and valuable consideration, the receipt of which is hereby acknowledged, and in recognition of the impacts to BRIDGER DRIVE AND THE BRIDGER DRIVE AND STORY MILL ROAD INTERSECTION which will be caused by the development of the above-described property, the owner has waived and does hereby waive for itself, its successors and assigns forever the right to protest the creation of one or more special improvement districts for the construction and maintenance of following improvements: paving, curb/gutter, sidewalk, storm drainage facilities for BRIDGER DRIVE AND THE BRIDGER DRIVE AND STORY MILL ROAD INTERSECTION, or to make any written protest against the size or area or creation of the district be assessed in response to a duly passed resolution of intention to create one or more special improvement districts which would include the above-described property. In the event a SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by the City on the basis of the square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. 728 729