HomeMy WebLinkAbout02-18240 Application Materials Original SubmittalPage 1 of 4
Rainbow Creek Annexation
Annexation Checklist
RAINBOW CREEK ANNEXATION
ANNEXATION CHECKLIST
1. The following questions pertain to the goals adopted by the City Commission in
Commission Resolution No. 3907.
a. Is the property contiguous to the City of Bozeman?
Response: Yes, the property is contiguous to the City of Bozeman on the north,
east and south side. The property on the west side is in the County
b. Is the property wholly surrounded by the City of Bozeman?
Response: No, the property is not wholly surrounded by the City. It is
contiguous to the City of Bozeman on the north, east and south side. The
property on the west side is in the County.
c. Is the property currently contracting with the City for municipal services such as
water, sanitary sewer and or fire protection?
Response: No, the property is not currently contracting with the City for
municipal services.
d. Does the property lie with the service boundary of the existing sewer system as
depicted in the City’s growth policy?
Response: Yes. Per Figure 5 – Drainage Basins in the Bozeman Community
Plan of the 2014 Wastewater Facility Plan the proposed annexation is within
the Baxter Creek Drainage Basin.
2. The following questions pertain to the policies adopted by the City Commission in
Commission Resolution No. 3907.
a. Is/Are the property owner(s) willing to dedicate needed easements and/or right-of-
way for collector and arterial streets?
Response: Yes, the property owners are willing 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?
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Rainbow Creek Annexation
Annexation Checklist
Response: Yes, the property owners are 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?
Response: Yes, the property owners are willing to transfer usable water rights,
or pay an appropriate fee in-lieu thereof, to serve the expected population of
the land when fully developed. There does not appear to be any useable
water rights for this property.
d. Does the desired future development of the subject property conform to the City’s
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.
Response: Yes, the proposed development conforms to the City’s growth policy.
The subject property is designated as “Residential” in the Bozeman
Community Plan and the proposed Initial Zone Map Amendment is R-5
residential mixed-use high density.
The intent of the R-5 residential mixed-use high density district is “to provide
for high density residential development through a variety of compatible
housing types and residentially supportive commercial uses in a
geographically compact, walkable area to serve the varying needs of the
community's residents.
The dwelling unit density expected within this classification varies between 6
and 32 dwellings per net acre. A variety of housing types can be blended to
achieve the desired density. Large areas of single type housing are
discouraged.
e. The property will need to be rezoned with an initial urban zoning designation. The
zone map amendment will be reviewed concurrently with this application. Is a
zoning map amendment application included with this application?
Response: Yes, a Zone Map Amendment is included in this application
f. Do unpaved county roads comprise the most commonly used route to gain access
to the property?
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Rainbow Creek Annexation
Annexation Checklist
Response: No, the property will be accessed via Baxter Lane, a paved roadway.
The north half of Baxter Lane will be annexed into the City with this
application.
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?
Response: No. City water is stubbed to the east property line and an ext’g
sanitary sewer main is stubbed into the open space corridor off of Danube
Lane. It is anticipated that extension of both of these mains will be required
for the development of the property.
h. Does the property owner acknowledge that the City of Bozeman assesses a system
development/impact fee and agrees to pay any applicable development/impact
fees in accordance with Chapter 3.24 of the Bozeman Municipal Code?
Response: Yes, the property owner acknowledge that the City of Bozeman
assesses a system 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.
Response: The property is not currently being utilized for agricultural use.
4. Number of residential units existing on the property?
Response: There is one residential unit on the property which will be removed upon
development of the property.
5. Number and type of commercial structures on the property?
Response: There are no commercial structures on the property.
6. Estimate of existing population of the property?
Response: Based on the City’s standards, the population on the property is 2.11.
7. Assessed value of the property?
Response: The current market value of the property is $339,500. The Taxable value is
$4,583 per the Gallatin County Treasures office.
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Rainbow Creek Annexation
Annexation Checklist
8. Existing on site facilities and utilities (gas, power, telephone, cable, septic systems, wells,
etc.)
Response: There are no public facilities on the property. Private gas, power, telephone,
etc. are located in/adjacent to Baxter Lane.
9. Any additional information that will be helpful in the City’s review of the application.
Response: The property is contiguous on three sides to the City and adjacent to a major
City roadway. Annexation of this property would assist with removing small parcel
of land that extends into the City’s boundary. Annexation would also assist with the
full development of Baxter Lane adjacent to a major city facility, the Sports Park.
Rainbow Creek Annexation Adjoining Property Owners List
Page 1 of 3
RAINBOW CREEK ANNEXATION
Township 1S, Range 5E, Section 34
of Baxter Meadows Subdivision Phase 3A
ADJOINING PROPERTY OWNERS - 200’ RADIUS
May 25, 2018
Baxter Meadows Subdivision - Ph 3A
Lot 3 Blk 15
Kevin & Jennifer McKenzie
4651 Danube Ln
Bozeman, MT 59718-8095
Lot 4 Blk 15
Theodore & Sheri Bagley
4644 Danube Ln
Bozeman, MT 59718-8095
Lot 5 Blk 15
Edward Hook Jr & G Barclay
4634 Danube Ln
Bozeman, MT 59718-8095
Lot 6 Blk `5
Jason & Angela Hinds
4616 Danube Ln
Bozeman, MT 59718-8095
Lot 7 Blk 15
Scott Vongehr
4600 Danube Ln
Bozeman, MT 59718-8095
Lot 8 Blk 15
Garrett & Kaitlin Drake
4582 Danube Ln
Bozeman, MT 59718-8095
Rainbow Creek Annexation Adjoining Property Owners List
Page 2 of 3
Lot 9 Blk 15
Robert Chilton
PO Box 3851
Bozeman, MT 59772-3851
Lot 10 Blk 13
Cody & Mary Margaret Stone
4603 Danube Ln
Bozeman, MT 59718-8095
Lot 11 Blk 13
Curtis & Logan Nunberg
PO Box 10681
Bozeman, MT 59719-0681
Lot 12 Blk 13
Gene Mickolio
4579 Danube Ln
Bozeman, MT 59718-8094
Lot 13 Blk 13
Michael & Kathy Bergevin
4559 Danube Ln
Bozeman, MT 59718-8094
Lot 9 Blk 15
Gregory Kujawa
4532 Drafthorse Dr
Bozeman, MT 59718-8096
Lot 10 Blk 15
David & Suzanne Peterson
310 Dean Stone Dr
Missoula, MT 59803-2484
Rainbow Creek Annexation Adjoining Property Owners List
Page 3 of 3
Lot 11 Blk 15
Judith & William Darden
4518 Drafthorse Dr
Bozeman, MT 59718-8096
Lot 12 Blk 15
Leonard & Donna Keown
4510 Drafthorse Dr
Bozeman, MT 59718-8096
Lot 1 Blk 16
Leif & Melissa Summerfield
4525 Drafthorse Dr
Bozeman, MT 59718-8096
COS 25548 – Tract 1A1
City of Bozeman
PO Box 1230
Bozeman, MT 59771-1230
COS 2552 – Tract 5
Vesta Fern Anderson
PO Box 3253
Billings MT 59103-3253
COS 2553 – Parcel 1
Vesta Fern Anderson
PO Box 3253
Billings MT 59103-3253
COS 2202 – Parcel 5
Gregory & Whitney Pritham
4687 Baxter Ln
Bozeman, MT 59718-8025
Legal Description of Plat Recorded in
Book 148 of Deeds, Page 207
Gallatin County MT
A tract of land in the Southwest ¼ of Section 34, T1S, R5E, MPM, in Gallatin County, Montana,
and being more particularly described as follows:
Beginning at a point on the south line of said section, which said point bears East a distance of
248.6 feet from the southwest corner of said section; thence N 01°25.9’W along the line of a
metal post fence a distance 246.8 feet to a point marked by a metal fence corner post; Thence
N 89°53.6’ E a distance of 392.8 feet to a point marked by a steel rod; Thence S 6°44.7’E along
the foot of the west bank of a ditch a distance of 249.2 feet to a point marked by a steel rod in
the south line of said section; Thence West along said south line a distance of 415.9 feet to the
point of beginning, according to a plat recorded in Book of Deeds, Pages 206 and 207.
This tract contains 2.29 acres, more or less.
Rainbow Creek Zone Map Amendment Application Narrative
Page 1 of 3
RAINBOW CREEK ZONE MAP AMENDMENT
CRITERIA NARRATIVE
1. Zone Map Amendment Criteria
a. Is the new zoning designed in accordance with the growth policy? How?
Response: Yes, the proposed Zone Map Amendment is in accordance with the
City’s Growth Policy, the Bozeman Community Plan. The proposed zoning
is residential and is property is designated as residential in the growth policy.
b. Will the new zoning secure safety from fire and other dangers? How?
Response: Yes, the proposed Zone Map Amendment will secure safety from fire
and other dangers. The proposed zoning is designed to secure safety from
fire and other dangers by requiring development per the City of Bozeman
standards. Regulatory provisions established for all City of Bozeman zoning
districts ensure an adequate transportation network, fire services, and public
utility lines.
c. Will the new zoning promote public health, public safety and general welfare?
How?
Response: Yes, the proposed Zone Map Amendment will promote public health,
public safety and general welfare. The proposed zoning will promote public
health, safety and general welfare by requiring the property to develop per
the City of Bozeman standards and regulations in terms of public health,
safety and general welfare.
Any future development is subject to review for protection of the public
health, safety, and general welfare of the community. Future connection to
municipal water and sanitary sewer will reduce water contamination issues
from an abundance of groundwater wells and will eliminate environmental
risks associated with septic systems. Municipal fire and emergency response
services will protect public health and safety and respond to the property at
the time of annexation. The subject property falls within the existing City
service area.
d. Will the new zoning facilitate the adequate provision of transportation, water,
sewerage, schools, parks and other public requirements? How?
Response: Yes, the proposed Zone Map Amendment will facilitate the adequate
provision of transportation, water, sewerage, schools, parks and other public
requirements. The subject property fronts on Baxter Lane - a Minor
Arterial. This application may be required to provide additional right of
way across the lot frontage to meet the City’s roadway standards.
Rainbow Creek Zone Map Amendment Application Narrative
Page 2 of 3
The subject property falls within the Meadowlark Elementary and Chief
Joseph Middle School Districts. Bozeman School District #7 and Montana
State University will provide educational services for potential residents.
Residential development of the subject property will require parkland
development or Cash in Lieu of Parkland development or a combination of
both.
The proposed zoning will facilitate the development of public infrastructure
improvements to serve the property as additional water and sewer mains,
roadways and access improvements that may be required. The extent of
these improvements will be determined during site plan review.
e. Will the new zoning provide reasonable provisions of adequate light and air?
How?
Response: Yes, the proposed Zone Map Amendment will provide reasonable
provisions of adequate light and air as the property will be developed to
applicable setbacks, height, and buffering standards that have been adopted
by the City.
f. Will the new zoning have an effect on motorized and non-motorized
transportation systems? How?
Response: Yes, the proposed Zone Map Amendment will have an effect on the
City’s motorized and non-motorized transportation system. Any new
development will affect the City’s transportation system with increased
traffic. A Traffic Impact Study may be required with the development of
this property which will identify the extent of increased traffic volumes and
specify required infrastructure improvements to serve the development. The
extent of these improvements will be determined during site plan review.
g. Does the new zoning promote compatible urban growth? How?
Response: Yes, the proposed zoning does promote compatibility with urban
growth as residential zoned properties exist to the north and east and are
buffered by a 50’ wide open space corridor from the subject property. In
addition, the property to the south is the City’s Sports Park and High School.
The applicant is proposing an initial zoning designation of R-5, residential
mixed-use high density district, in association with the annexation of the
property. The adjacent properties to the north and east are exclusively
single household residential units. The property to the south is the new
sports park and high school. The property to the west is in the County and
un-zoned.
A proposed R5 Mixed Use High Density Residential development at this
location meets the intent of the City’s code as this area north of Baxter is
single type housing and per Section 3.4 of the Bozeman Community Plan
Rainbow Creek Zone Map Amendment Application Narrative
Page 3 of 3
“Large areas of single type housing are discouraged” It also provides for a
higher density development adjacent to the Sports Park as well as the City’s
second High School allowing for more affordable residential units adjacent to
areas that will be used by younger members of our community and creates a
“walkable area to serve the varying needs of the community's residents.”
h. Does the new zoning promote the character of the district? How?
Response: Yes, the proposed zoning does promote the character of the district.
The property to the north and east is developed residential and the Bozeman
Community Plan Land Use Map designates this property as future
residential.
i. Does the new zoning address the affected area’s peculiar suitability for particular
uses? How?
Response: The proposed zoning will address the affected area’s peculiar
suitability for particular uses as the property will be developed to applicable
standards that have been adopted per the City of Bozeman’s development
standards and regulations
j. Was the new zoning adopted with a view to conserving the value of buildings?
How?
Response: No, the existing structures will be removed to efficiently develop the
property.
k. Does the new zoning encourage the most appropriate use of land throughout the
jurisdictional area? How?
Response: Yes, the proposed Zone Map Amendment will encourage the most
appropriate use of land throughout the jurisdictional area. The growth
policy identifies the most appropriate use of this property as residential. R-5
zoning allows for a broad range of residential housing types and will promote
denser development as envisioned by the growth policy.
END OF NARRATIVE