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HomeMy WebLinkAboutAnnexation Narrative 050321 Page | 1 |DAVIS LANE/ WEST LAKE RD| Bozeman, Montana May 3, 2021 Annexation Project Narrative Application • Annexation Property Information • Legal Description: S26, T01 S, R05 E, ACRES 15.99, S2NW4 S OF RW LESS HWRW • Site Size: 15.334 Acres Current Future Land Use: • Residential Mixed Use (Correlation w/ Zoning = R-3, R-4, R-5, R-O, REMU, B-1, PLI) This is in conformance with the current Bozeman growth Policy. Preferred Zoning • R-5 Zoning Project Type & Use Scope • The property is located between two arterial roads (Davis Lane and E Valley Center Road) and a local road (Westlake Rd), and is fronted by the Interstate 90. The property is adjacent to the Billings Clinic multi-story building under construction. The current growth policy has the parcel listed as Residential Mixed Use and we are proposing R-5 zoning. The community needs residential currently and this annexation intends to provide high density residential w/ mixed uses that are permitted within the zoning designation. 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 items listed will be provided along with annexation. 2. Issues pertaining to master planning and zoning must be addressed prior to or in conjunction with the application for annexation. No issues known 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. Annexation is in conformance with current Bozeman Growth Policy. Page | 2 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. 5. The applicant must indicate their preferred zoning classification as part of the annexation petition. R-5 Zoning Preferred 6. Fees for annexation processing will be established by the City Commission. Outlined fees will be paid. 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. All streets surrounding the property will be brought to City street standards. 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. Fee in lieu proposed for 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. It is anticipated no health, safety and welfare of the public issues exist. The sanitary sewer service serving the parcel is in the applicable drainage basin. 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. The parcel does not currently use City sewer or water and will not need to until further developed. 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. Map has been provided with application. 12. The mapping may be waived by the Director of Public Works. N/A 13. The City will assess system development/impact fees in accordance with Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code. Noted. 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. N1 noticing materials have been provided. 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 Page | 3 Commission. Noted. 16. When possible, the use of Part 46 annexations is preferred. 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. Noted. 18. The City will notify the Gallatin County Planning Department and Fire District providing service to the area of applications for annexation. Noted. 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. No wells or septic systems exist on the property.