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HomeMy WebLinkAboutResolution 3907 Revising and Re-Establishing Goals and Polices for Annexation COMMISSION RESOLUTION NO. 3907 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, REVISING AND RE-EST ABLISHING GOALS AND POLICIES FOR ANNEXATION OF PROPERTIES TO THE CITY OF BOZEMAN, AND SUPERSEDING COMMISSION RESOLUTION NO. 3137. WHEREAS, the City of Bozeman wishes to establish comprehensive annexation goals and policies, to provide for orderly, well-planned b'Towth; and WHEREAS, adoption of such goals and policies will provide our community with clear guidelines for informed annexation proposals; and WHEREAS, the City establishes these goals and policies in accordance with annexation statutes as set forth in Title 7, Chapter 2, Parts 43, 45, 46 and 47, M.C.A. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Section 1 Goals The following goals are hereby established for the consideration of annexations to the City of Bozeman. 1. It shall be the goal of the City of Bozeman to encourage annexations of land contiguous to the City. 2. The City shall seek to annex all areas that are totally surrounded by the City, without regard to parcel size. 3. The City shall seek to annex all property currently contracting with the City for City services such as water, sanitary sewer and/or fire protection. 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. Section 2 Policies The following policies are hereby established for the consideration of all future annexations to the City of Bozeman. 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. 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 of the application for annexation. b. Initial zoning classification 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. c. The applicant may indicate his or her preferred zoning classification as part of the annexation application. 3. Fees for Annexation procedures shall be established by the City Commission. No fee will be charged for any City-initiated annexation. 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. 5. Prior to annexation of property, it shall be the policy of the City of Bozeman to acquire usable water rights, or an appropriate fee in lieu thereof, equal to the average annual diversion requirement necessary to provide the anticipated average annual consumption of water by residents and/or users of the property when fully developed on the basis of the zoning designation(s}. The fee maybe used to acquire water rights or for improvements to the water system which would create additional water supply capacity. This policy may be subject to the following exceptions: a. For any annexation in excess of ten (1O) acres, it shall be earned out prior to final plat approval, final site plan approval or the issuance of any building permit, whichever occurs first provided applicant executes a promissory note or other appropriate document acceptable to the City. b. For any anncxation or portion thereof proposed f(Jf use as a church as that tcrm is defined in the Bozeman zoning ordinance, the R-I, Residential--Single-Household, Low-Density, District shall be used in place of the property's zoning designation for calculating the water requirement. If the use changes from a church at any time in thc future, the owner of the property will enter into a separate agreement providing that, at the time of the change, the owner or its successor shall supply any additional water rights or fee which might be due, based on the actual zoning designation at the time of the change. 6. Infrastructure and emergency services for an area proposed for annexation will be reviewed for the health, safety and welfare of the public. Ifit is found that adcquate 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 accommodation of thcse services, or not approve the annexation. Additionally, annexation proposals that would use up infrastructure capacity already reserved for properties lying either within undeveloped portions ofthe City limits or lying outside the City limits but within identified sewer or water service area boundaries, shall generally not be approved. 7. It shall be the general policy of the City of Bozeman to require annexation of any contiguous property for which city services arc requested or f()r which city services are currently being contracted. 8. The annexation application shall be accompanied by mapping to meet the requirements of the Director of Public Service. 9. It shall be the policy of the City of Bozeman to asscss a system development! impact fee in accordance with Chapter 3.24, Bozeman Municipal Code, and accordance with the Bozeman Growth Policy and other policies as they are developcd. 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 last declared county real estate tax records, not more than forty-five days nor less than fifteen 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 required by Section 18.76.020.A, BMC.. In addition, where a commonly identifiable street address is not visible on the property to be annexed, the notice shall provide a map of the area in question so as to indicatc its general location and proximity to surrounding properties. 11. Annexation agreements shall be executed and returned to the City within 60 days of distribution of the annexation ab'Teement, unless another time period is specifically identified by the City Commission. 12. When possible, the use of Part 46 annexations is preferred. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereofheld on theJ.~ th day of ~ 2006. ~/~/~ J' F' R .. S, M yorl ATTEST: 12~7 // /' U~b DEVIN HARBOUR Acting Clerk of the Commission ~/vW