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HomeMy WebLinkAboutProject Narrative 2021.04.08 UNIVERSITY CROSSING ANNEXATION AND INITIAL ZONING APPLICATION April, 2021 #210228 ANNEXATION AND INITIAL ZONING ANNEXATION AND INITIAL ZONING SECTION ONE: GOALS 1. The City of Bozeman encourages annexations of land contiguous to the City. The property is contiguous to the City. 2. The City encourages all areas that are totally surrounded by the City to annex. The property is contiguous to the City on three of four sides. It is not totally surrounded. 3. The City encourages all properties currently contracting with the City for City services such as water, sanitary sewer, and/or fire protection to annex. No water services are currently stubbed in to the property. Water main extensions with domestic and fire services are proposed with the proposed site plan. It is within fire- fighting distance of a City fire hydrant and adjacent to a City sanitary sewer main. 4. The City of Bozeman requires annexation of all land proposed for development lying within the existing and planned service area of the municipal water and sewer systems as depicted in their respective facility plans, any land proposed for development that proposes to utilize municipal water or sewer systems. The subject property lies within the existing service area of the City’s municipal water and sewer systems. 5. The City encourages annexations within the urban area identified on the future land use map in the current Bozeman Growth Policy. The subject property lies within the Community Commercial Mixed Use (CCMU) land use area on the Future Land Use Map of the Bozeman Community Plan (2020). 6. The City of Bozeman encourages annexations to make the City boundaries more regular rather than creating irregular extensions which leave unannexed gaps between annexed areas or islands of annexed or unannexed land. The annexation of the subject property will smooth out a jagged section of the city limits. 7. The City of Bozeman encourages annexations which will enhance the existing traffic circulation system or provide for circulation systems that do not exist at the present time. The annexation of the subject property is likely to enhance existing traffic circulation with the required dedication of the full Kagy Boulevard right-of-way at full build-out. 8. The City prefers annexation of parcels of land larger than five (5) acres in size, but will allow annexation of smaller parcels if factors such as topographic limitations, sanitary disposal needs, fire access, maintenance of public facilities, etc., justify a smaller annexation. The property is 0.235 acres that will be added to Lot 1A, Minor Subdivision 503A. The need for connection to City services and the factors outlined above make it a good candidate for annexation although it is less than the preferred 5 acre minimum. 9. The City seeks to obtain water rights adequate for future development of the property with annexation. Sec. 38.410.130.C.5 BMC allows deferral of CILWR for commercial uses until the time of site plan. Given the particular water use details of the future development aren’t known at this point, the deferral is the best path to take with the annexation. UNIVERSITY CROSSING ANNEXATION AND INITIAL ZONING APPLICATION April, 2021 #210228 ANNEXATION AND INITIAL ZONING 10. The City of Bozeman encourages annexations for City provision of clean treated water and sanitary sewer. The subject property will be served by existing City water and sewer mains located in the Kagy Boulevard Right of Way. SECTION TWO: POLICIES 1. Annexations must include dedication of all easements for rights-of-way for collector and arterial streets, adjacent local streets, public water, sanitary sewer, or storm or sewer mains, and Class I public trails not within the right of way for arterial or collector streets. Annexations must also include waivers of right to protest the creation of special or improvement districts necessary to provide the essential services for future development of the City. The existing and proposed right-of-way dedications are shown on the Annexation and Initial Zoning Maps. All applicable easements and waivers will be completed. 2. Issues pertaining to master planning and zoning must be addressed prior to or in conjunction with the application for annexation. No issues pertaining to master planning and zoning are anticipated at this time. 3. The application for annexation must be in conformance with the current Bozeman Growth Policy. If a Growth Policy Amendment is necessary to accommodate anticipated uses, the amendment process must be initiated by the property owner and completed prior to any action for approval of the application for annexation. The subject property is designated in the Bozeman Community Plan as Community Commercial Mixed Use. The proposed B-2 zoning complies the current Community Plan. 4. Initial zoning classification of the property to be annexed will be determined by the City Commission, in compliance with the Bozeman Growth Policy and upon a recommendation of the City Zoning Commission, simultaneously with review of the annexation petition. The subject property is proposed to be B-2 zoning classification. 5. The applicant must indicate their preferred zoning classification as part of the annexation petition. The subject property is proposed to be B-2 zoning classification. 6. Fees for annexation processing will be established by the City Commission. This is understood. 7. It is the 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 unless the landowner proposes a method to provide for construction of the road to the City’s street standards. The subject property is fronted on the north by Kagy Boulevard, a paved City street. The primary proposed access will likely be by means of the existing drive access to the east. No new roads are proposed to access the property. UNIVERSITY CROSSING ANNEXATION AND INITIAL ZONING APPLICATION April, 2021 #210228 ANNEXATION AND INITIAL ZONING 8. Prior to annexation of property, the City will require the property owner to acquire adequate and useable water rights, or an appropriate fee in lieu thereof, in accordance with Section 38.410.130 of the municipal code, as amended. Sec. 38.410.130.C.5 BMC allows deferral of CILWR for commercial uses until the time of site plan. Given the particular water use details of the future development aren’t known at this point, the deferral is the best path to take with the annexation. 9. Infrastructure and emergency services for an area proposed for annexation will be reviewed for the health, safety and welfare of the public and conformance with the City’s adopted facility plans. If the City determines adequate services cannot be provided to ensure public health, safety and welfare, the City may require the property owner to provide a written plan for accommodation of these services, or the City may reject the petition for annexation. Additionally, the parcel to be annexed may only be provided sanitary sewer service via the applicable drainage basin defined in the City Wastewater Collection Facilities Plan. City water and sewer mains already exist in the adjacent road right-of-way (Kagy Boulevard). Water and Sewer Mains are proposed to serve the proposed development. 10. The City may require annexation of any contiguous property for which city services are requested or for which city services are currently being provided. In addition, any person, firm, or corporation receiving water or sewer service outside of the City limits is required as a condition of initiating or continuing such service, to consent to annexation of the property serviced by the City. The City Manager may enter into an agreement with a property owner for connection to the City’s sanitary sewer or water system in an emergency conditioned upon the submittal by the property owner of a petition for annexation and filing of a notice of consent to annexation with the Gallatin County Clerk and Recorder’s Office. The contract for connection to city sewer and/or water must require the property owner to annex or consent to disconnection of the services. Connection for purposes of obtaining City sewer services in an emergency requires, when feasible as determined by the City, the connection to City water services. This is not applicable to the annexation request presented with this application. 11. The annexation application shall be accompanied by mapping to meet the requirements of the Director of Public Works. Where an area to be annexed can be entirely described by reference to a certificate of survey or subdivision plat on file with the Gallatin County Clerk and Recorder. A map entitled “University Crossing 2 Annexation Map” is included with this application. 12. The mapping may be waived by the Director of Public Works. A map entitled “University Crossing 2 Annexation Map” is included with this application. 13. The City will assess system development/impact fees in accordance with Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code. This is understood. UNIVERSITY CROSSING ANNEXATION AND INITIAL ZONING APPLICATION April, 2021 #210228 ANNEXATION AND INITIAL ZONING 14. Public notice requirements: Notice for annexation of property must be coordinated with the required notice for the zone map amendment required with all annexation. The zone map amendment notice must contain the materials required by 38.220.410, BMC. This is understood. 15. Annexation agreements must be executed and returned to the City within 60 days of distribution of the annexation agreement by the City, unless another time is specifically identified by the City Commission. This is understood. 16. When possible, the use of Part 46 annexations is preferred. This annexation application is proposing the use of Part 46. 17. Where a road improvement district has been created, the annexation does not repeal the creation of the district. The City will not assume operations of the district until the entirety of the district has been annexed. Any funds held in trust for the district will be used to benefit the district after transfer to the City. Inclusion within a district does not lessen the obligation to participate in general city programs that address the same subject. This is understood. 18. The City will notify the Gallatin County Planning Department and Fire District providing service to the area of applications for annexation. This is understood. 19. The City will require connection to and use of all City services upon development of annexed properties. The City may establish a fixed time frame for connection to municipal utilities. Upon development, unless otherwise approved by the City, septic systems must be properly abandoned and the development connected to the City sanitary sewer system. Upon development, unless otherwise approved by the City, water wells on the subject property may be used for irrigation, but any potable uses must be supplied from the City water distribution system and any wells disconnected from structures. The property owner must contact the City Water and Sewer Superintendent to verify disconnects of wells and septic systems. This is understood. The property is undeveloped and no septic system or well currently exists. INITIAL ZONING PROJECT NARRATIVE A. Is the new zoning designation in accordance with the growth policy? How? Yes. According to the Bozeman Community Plan (2020) on Future Land Use Map, the subject property is designated “Community Commercial Mixed-use”. The proposed community business district (B-2) zoning falls under this category. The proposed B-2 zoning will blend with the surrounding B-2 and R-O. B. Will the new zoning secure safety from fire and other dangers? How? UNIVERSITY CROSSING ANNEXATION AND INITIAL ZONING APPLICATION April, 2021 #210228 ANNEXATION AND INITIAL ZONING Yes. The subject property is 1.2 miles (6-minute drive) from Bozeman Fire Station 2. There are existing fire hydrants located on the properties to the east and north. Additional hydrants are proposed along Kagy Boulevard to the north. Zoning the subject property B-2 will not have any anticipated negative effects on the fire safety for the property. There are no other anticipated dangers associated with the lot. C. Will the new zoning promote public health, public safety and general welfare? How? Yes. The B-2 zoning designation will allow for development that will blend with the existing lots that border the property. Public health will be improved by connecting to municipal sanitary sewer and water systems, which will prevent groundwater pollution and depletion by wells and septic systems. Additionally, stormwater will be treated and detained on site, which reduces the strain on existing city stormwater infrastructure. The right-of-way dedication along Kagy Boulevard will provide adequate room for improvements to Kagy Boulevard, increasing vehicle and pedestrian safety. D. Will the new zoning facilitate the adequate provision of transportation, water, sewage, schools, parks, and other public requirements? How? Yes. Existing and proposed City water and sanitary sewer mains will be utilized for the development of the subject property. The Kagy Boulevard right-of-way will facilitate adequate provision transportation. E. Will the new zoning provide reasonable provision of adequate light and air? How? The proposed zoning will allow development at a similar density to the adjacent parcels. This will ensure adequate light and air for the current tenants in buildings to the north and east. F. Will the new zoning have an effect on motorized and non-motorized transportation systems? How? Yes. The new zoning is likely to increase both non-motorized and motorized transportation in the area. Development of the property will require a Traffic Impact Study, or a waiver of Traffic Impact Study from the City of Bozeman Engineering Department. G. Does the new zoning promote compatible urban growth? How? Yes. The new zoning promotes growth directly adjacent to the city boundary, and a principal arterial street. The location of this development prevents islands of disconnected growth. H. Does the new zoning promote the character of the district? How? UNIVERSITY CROSSING ANNEXATION AND INITIAL ZONING APPLICATION April, 2021 #210228 ANNEXATION AND INITIAL ZONING Yes. The new B-2 zoning aligns with the character of the district, which includes areas also zoned B-2. I. Does the new zoning address the affected area’s peculiar suitability for particular uses? How? Yes. The B-2 zoning of the property perpetuates the suitability of the area for particular uses. J. Was the new zoning adopted with a view to conserving the values of buildings? How? Yes. There are currently no buildings on the property. Required setbacks for development of the property will be met. K. Does the new zoning encourage the most appropriate use of land throughout the jurisdictional area? Yes, the new zoning encourages the most appropriate use of land as it matches the existing growth plan.