HomeMy WebLinkAbout21426 Application documentsPROJECT INFORMATION
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A1
DEVELOPMENT REVIEW APPLICATION
PROJECT IMAGE
Community Development
Development Review Application Page 1 of 3 Revision Date: June 2020
SPECIAL DISTRICTS
Overlay District: Neighborhood Conservation None
Urban Renewal District: Downtown North 7th Avenue Northeast North Park None
VICINITY MAP
APPLICATION FEE
Varies by project type
CONTACT US
Alfred M. Stiff Professional Building
20 East Olive Street
Bozeman, MT 59715
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net/planning
Development Review Application Page 3 of 3 Revision Date: June 2020
REQUIRED FORMS
Varies by project type
DEVELOPMENT REVIEW APPLICATION
Check all that apply FORM
1. Administrative Interpretation Appeal AIA
2. Administrative Project Decision Appeal APA
3. Annexation and Initial Zoning ANNX
4. Commercial/Nonresidential COA CCOA
5. Comprehensive Sign Plan CSP
6. Condominium Review CR
7. Conditional Use Permit CUP
8. Extension to Approved Plan EXT
9. Growth Policy Amendment GPA
10. Informal Review INF
11. Master Site Plan MSP
12. Modification/Plan Amendment MOD
13. Neighborhood/Residential COA NCOA
14. Pre-application Consultation None
15. PUD Concept Plan PUDC
FORM
16. PUD Preliminary Plan PUDP
17. PUD Final Plan PUDFP
18. Reasonable Accommodation RA
19. Site Plan SP
20. Special Use Permit SUP
21. Special Temporary Use Permit STUP
22. Subdivision Exemption SE
23. Subdivision Pre-Application PA
24. Subdivision Preliminary Plan PP
25. Subdivision Final Plat FP
26. Wetland Review WR
27. Zone Map Amendment ZMA
28. Zone Text Amendment ZTA
29. Zoning/Subdivision Variance Z/SVAR
30. Zoning Deviation/Departure None
31. Other:
APPLICATION TYPE
Riverside Properties – ZMA Narrative Page 1 of 5
Riverside Properties – Zone Map Amendment Request
Project Narrative
October 19, 2021
Riverside Properties include the following areas:
- Riverside Manor Subdivision
- Riverside Greens Subdivision
- Riverside Country Club Properties (COS 3030, Tracts 1, 2 and 3)
The area subject to annexation and the Zone Map Amendment (ZMA) is fully developed with very
limited potential for any subsequent building, and none is currently proposed. The property was at near
100% buildout for over 30 years, with limited infill of a few lots occurring in the last 15 years. The ZMA
proposes to transition existing county zoning to the most applicable City zoning designations, matching
the existing property use. No changes to the existing character, form and function of the community
and infrastructure are proposed, with the one exception of the extension of existing sewer service to
connect to the City of Bozeman wastewater facilities.
The purpose of the proposed annexation and ZMA is to enable connection of the Riverside Water and
Sewer District (“District”) wastewater collection system to the City of Bozeman Water Reclamation
Facility. The District had evaluated options for resolving current problems with their existing
wastewater treatment facility and a compliance directive from the Montana Department of
Environmental Quality (MTDEQ) to correct the noted problems. The selected solution is to connect to
the City of Bozeman and decommission and abandon the existing wastewater treatment facility. This
will resolve the District’s Administrative Order on Consent with the MTDEQ but requires annexation into
the City of Bozeman for the City to provide this municipal service to the residents and current District
users. The current residents have submitted a sufficient number of “petitions for annexation” to meet
statutory threshold for annexation of the Riverside Properties.
Zone Map and Text Amendment Responses to Criteria
Section 76-2-304 (Zoning) Criteria
A. In accordance with Bozeman Growth Policy (2020 Community Plan):
Yes. The Future Land Use Map in the Bozeman Community Plan 2020 designates the proposed
annexation area as “Urban Neighborhood”. Urban Neighborhood zoning includes R-S, R-1, R-2,
R-3, R-4, R-5, R-O, REMU, RMH, B-1 and PLI.
The proposed zoning for the annexation area includes R-1, R-2 and R-4 zoning designations in
accordance with the allowances in the Community Plan. The proposed zoning is reflective of the
existing residential neighborhood and lone commercial business in the annexation area.
The proposed zone map amendment advances the following goals and objectives of the
Community Plan.
Riverside Properties – ZMA Narrative Page 2 of 5
N-1-1 Promote housing diversity, including missing middle housing: The annexation area
includes single family homes and townhouses in roughly equal proportions.
N-4.1 Recognize and honor the unique history, neighborhoods, neighborhood character,
and buildings that contribute to Bozeman’s sense of place through programs and policy
led by both City and community efforts. The annexation area includes incorporation of a
unique neighborhood effectively part of Bozeman, but not inside Bozeman city limits,
for over 30 years.
EPO-4 Promote uses of the natural environment that maintain and improve habitat,
water quantity, and water quality while giving due consideration to the impact of City
regulations on economic viability. The annexation area and purpose of the annexation
request is to improve the water quality of the groundwater and protect the East Gallatin
River surface water quality through elimination of the existing wastewater treatment
facility in favor of connection to the City’s wastewater treatment system.
RC-3.1 Work with Gallatin County to create compact, continuous development and infill
to achieve an efficient use of land and infrastructure, reducing sprawl and preserving
open space, agricultural lands, wildlife habitat, and water resources. The proposed
annexation will combine existing wastewater infrastructure and incorporate the
annexed properties into the existing City of Bozeman wastewater treatment facilities.
The criterion is met.
B. Secure safety from fire and other dangers:
Yes. The existing development includes a municipal water supply system of
groundwater wells, elevated water storage tank, water distribution system and fire
hydrants for provision of fire protection. Currently, the Central Valley Fire Department
provides fire service to this property. Following annexation, the City of Bozeman Fire
and Police Departments would assume jurisdiction for these services. The existing level
of fire protection through the existing public water supply system will be continued.
The City has participated in completing fire hydrant flow tests and understands the
capacity of the existing system. The current properties will be subject to the Fire and
Emergency Service impact fees, and payment of these fees are a condition of the
annexation.
The current floodway mapping indicates Gallatin Drive and most of the existing
structures and properties along Gallatin Drive and the Riverside Country Club are within
the Flood Hazard area designated as “Zone X – Areas of 0.2% Annual Chance Flood”.
Smaller areas including parking areas, tennis courts and the north end of the Riverside
Country Club building fall within the “Zone AE – Areas with Base Flood Elevation”.
Lastly, approximately 1,000 lineal feet of the Springhill Road right-of-way included in the
annexation and ZMA area is within “Zone AE-Regulatory Floodway.” No subsequent
property development is proposed. Development of future wastewater infrastructure
to collect and deliver wastewater to the City’s Water Reclamation Facility will need to
Riverside Properties – ZMA Narrative Page 3 of 5
proceed in compliance with the City Unified Development Code and Bozeman City Code
for the necessary sewer mains and pumping facility.
The criterion is met.
C. Promote public health, public safety and general welfare:
Yes. The proposed amendment includes incorporation of existing properties and
municipal facilities into the City to further improve upon this criterion. No changes to
the general existing character of the community will result from the ZMA. Currently, the
properties enjoy public water, sewer, roads, and parks. Little to no future development
can occur within the properties to detract from the current conditions of the properties,
nor would the proposed zoning allowances do so, even if there was available property
to further develop. The proposed amendment will not put undue burden on municipal
services or emergency response capability.
The criterion is met.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public
requirements:
The existing properties are currently served directly from existing public roads including
Springhill Road, Riverside Drive, Gallatin Drive and Park Plaza. These roads are of
adequate capacity and service to the neighborhood, and the total area subject to the
annexation and ZMA does not include undeveloped land for future development and
associated increases in traffic volume.
The existing water system will remain under the responsibility of the current Riverside
Water and Sewer District (RWSD) and will continue to provide adequate public water
supply for municipal and fire protection purposes.
The existing sewer system will be modified to eliminate the existing wastewater
treatment system current owned and operated by the RWSD and replace the treatment
system with a pump station and pipeline to deliver the municipal wastewater to the City
of Bozeman Water Reclamation Facility. The proposed pump station will be constructed
within a new easement adjacent to the existing wastewater treatment plant, and the
pipeline will be constructed partly within the same easement with the majority installed
within the public right-of-way of Springhill Road. The new wastewater infrastructure
will provide capacity for the existing properties along with provisions to accommodate
future growth beyond the properties, at the discretion of the City of Bozeman. Upon
completion of the pump station and pipeline, the City will also assume ownership of the
existing sewer collection system, and the RWSD will have no further responsibility for
the municipal sewer system. The users will be paying the City wastewater impact fee
charges as a condition of the connection to the City of Bozeman wastewater system.
Riverside Properties – ZMA Narrative Page 4 of 5
The existing property includes dedicated park space.
The criterion is met.
E. Reasonable provision of adequate light and air.
Yes. The annexation and ZMA would result in retaining the existing lighting, building setbacks,
building heights, park space, lot coverage and setback requirements. No subsequent
development or modifications to the properties are currently proposed. Any future
modifications would be subject to applicable City standards.
F. The effect on motorized and non-motorized transportation systems:
Neutral. No additional development is proposed within the Riverside Properties. Motorized
and/or no-motorized traffic volumes are not expected to change as a result of annexation and
the ZMA. The Petition for Annexation include waivers of right to protest future transportation
system improvements on Springhill Road, the intersection of Springhill Road and Frontage Road,
and the intersection of Springhill Road and N. 19th Avenue. Annexation and the ZMA does not
particularly enhance or impede a pedestrian network in this area along Springhill Road where
there is not currently specific pedestrian walkways.
G. Promotion of compatible urban growth:
Yes. The Future Land Use Map identifies the proposed annexation area as “Urban
Neighborhood” and zoning options matching the existing properties and proposed zoning. The
existing properties are well served through the existing public transportation network. Based on
the land use designations and existing neighborhoods aligning with these designations, the ZMA
is consistent with the targeted urban growth.
H. Character of the district:
Yes. This proposal request amendment of the zoning map, not any text. The existing area along
Gallatin Drive includes townhomes currently zoned as RX-HD in Gallatin County. Proposed City
zoning is R-4 (Residential High Density), as the most readily compatible designation.
The second area along Riverside Drive and Park Plaza includes single family homes and is
currently zoned as RX-MD. Proposed City zoning is R-2 (Residential Moderate density) to best
align with the current developed properties.
Lastly, the final areas including the Riverside Country Club, the Club maintenance facility and an
existing bathroom facility on a separate parcel on the north side of the golf course are currently
zoned RS in Gallatin County. The proposed zoning is R-1 (Residential Low Density).
The surrounding areas outside the annexation area will remain County RS (Residential
Suburban) zoning. Additional, nearby county zoning designations include additional RX-MD
(Residential Existing Medium Density), AS (Agriculture-Suburban). Nearby city designated PLI
(Public Lands and Institutions).
Riverside Properties – ZMA Narrative Page 5 of 5
The noted designations maintain the predominant character of the respective neighborhoods.
No development and possible changes to the current character of the District are proposed with
the ZMA request.
I. Peculiar suitability for particular uses:
Yes. The proposed ZMA results in appropriate designations for the current property uses. No
development changes are proposed with the ZMA request. The area suits the current use of
various density residential development and is fully developed at the current time.
J. Conserving the value of buildings:
Yes. The proposed zone change from county to city designations would not alter the use or
value of the buildings. The zone change itself would not impact the value of buildings in a
measurable way though connection to certain City services, as noted, but could be expected to
further conserve or increase the value of the buildings.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Yes. The Bozeman Community Plan designates land use matching the current character and use
of the subject properties. The existing uses are the most appropriate land use for this area.
Riverside Properties - Property ADJOINER List(s)
10/21/2021
Owner 1 Mailing Address Mailing City Mailing State Mailing Zip
Riverside Properties - ADJOINER NOT CONTIGUOUS (BUT WITHIN 200 FEET)
MEREDITH HARTLEY 38 STONEGATE DR Bozeman MT 59715
PATRICK & CAROL T RV HEMINGWAY LIV TRUST 1201 HIGHLAND BLVD APT A113 Bozeman MT 59715
PATRICK & CAROL T RV HEMINGWAY LIV TRUST 1201 HIGHLAND BLVD APT A113 Bozeman MT 59715
EDWARD C III & JANE M DEWEES TRUSTEES 1110 VIA MALIBU Aptos CA 95003
ANNE KERO 646 SPRINGHILL LN Bozeman MT 59715
DAVID W & REBECCA J WYSOSKI 652 SPRINGHILL LN Bozeman MT 59715
DONNA J HOFFMAN 2871 SPRINGHILL LN Bozeman MT 59718
Riverside Properties - ADJOINER CONTIGUOUS
Riverside Country Club, Inc.2500 Springhill Road Bozeman MT 59718
CRAIG HOWARD ROBINSON 1253 Parkside Drive East Seattle WA 98112
Department of Fish, Wildlife and Parks PO Box 200701 Helena MT 59620-0701
City of Bozeman PO Box 1230 Bozeman MT 59771-1230
\\bil-fs\bil-projects\28\20394-01\50Design\City of Bozeman Connection Documents\AnnexationApplication\Documents\3_Petition MailMerge Address List_with_ImpactFees.xlsx PAGE 1 OF 1
INTERLOCAL AGREEMENT FOR
WASTEWATER TREATMENT
This Agreement is entered into this _____ day of ________, 20____, by and between the
RIVERSIDE COUNTY WATER AND SEWER DISTRICT NO. 310, a political subdivision of
the State of Montana located in Gallatin County, Montana (the “District”) and CITY OF
BOZEMAN, a municipality located in Gallatin County, Montana (the “City”)
RECITALS
WHEREAS; the District represents it is a properly organized and operating water and sewer
district pursuant to §7-13-2200 et seq. Montana Code Annotated (“MCA”) and is located
contiguous to and north of the Bozeman, Montana within portions of Township 1 South, Range 5
East, Section 23, 24, 25 and 26 M.P.M., Gallatin County, Montana;
WHEREAS, the District represents it owns and operates facilities and systems that provide
a potable water supply and wastewater treatment and disposal for properties within its
jurisdictional boundaries, as shown on Exhibit A (the “Riverside Properties”);
WHEREAS, within the District’s jurisdictional boundaries, it represents it has wastewater
collection areas that currently include 59 single-family homes on Riverside Drive and Park Plaza
Road located east of Spring Hill Road; 64 townhouses on Gallatin Drive located on the west side of
Spring Hill Road, and the Riverside Country Club (460 maximum members) on the east of Spring
Hill Road;
WHEREAS, in December of 2011, the Montana Department of Environmental Quality
(“MDEQ”) conducted an inspection of the District’s wastewater facilities and informed the District
of a number of deficiencies that needed to be corrected with respect to treatment and disposal of its
wastewater;
WHEREAS, the District has explored the costs and benefits of (i) correcting the deficiencies
within its facilities by upgrading the same or (ii) entering into an agreement with the City whereby
the City would treat and dispose of the wastewater collected within the District;
WHEREAS, the City has a wastewater treatment facility near the District and as of the date
of this Agreement represents it has the capacity to treat and dispose of the wastewater that is
collected within the District;
WHEREAS, the District desires to enter into an agreement with the City for the City to
acquire the District’s wastewater facilities, not to include the District’s existing treatment facilities,
and to treat and dispose of the wastewater collected within the District under the terms and
conditions set forth herein and the City desires to acquire the District’s current wastewater
collection facilities, construct necessary extension facilities (collectively, “Wastewater Extension
Facilities”), and to accept the wastewater collected within the District under the terms and
RWSD-BOZEMAN WASTEWATER AGREEMENT Page 2
conditions set forth herein and the parties have the authority to enter into such agreements pursuant
to §7-11-101 et seq. Montana Code Annotated;
WHEREAS, except as specifically discussed in Section 3.12 below, the parties understand
and agree that nothing within this Agreement is intended to include or change the status of the
District’s potable water system or its water rights related thereto;
WHEREAS, in an effort to explain the future relationship that will result from annexation,
the City, in cooperation with the District and the owners of the Riverside Properties, will prepare an
Extension of Service Plan for Municipal Services tailored to Riverside Properties;
WHEREAS, the parties agree that as a condition precedent to the City acquiring the
District’s wastewater facilities and accepting the wastewater collected within the District, the
property within the District’s jurisdictional boundaries must be annexed into the City as evidenced
by a “Resolution of Annexation”; and
WHEREAS, the City adopted Commission Resolution No. 4972 on January 28, 2019
setting forth the process for annexation (“Resolution 4972”).
NOW THEREFORE, in consideration of the mutual covenants, provisions, and agreements
set forth herein, the parties agree as follows:
ARTICLE I
DURATION AND PURPOSE
1.01 Recitals. The District and the City agree that the recitals to this Agreement are
intended to describe the basis for it and the underlying intentions of the parties in entering into it,
and agree further that they may be used to inform the interpretation, construction, and application of
this Agreement.
1.02 Duration. This Agreement is executory, and wholly contingent upon submittal of a
Petition for Annexation to the City signed by: (i) more than 50% of the resident electors owning
real property in the area serviced currently by the District; or (ii) the owner or owners of real
property representing 50% or more of the total area serviced currently by the District. Upon
submittal of a Petition for Annexation, together with a Petition for Creation of a Special
Improvement District for the financing of certain public wastewater infrastructure, with the
requisite signatures, and upon adoption of a Resolution of Annexation by the City, this
Agreement shall serve to govern the undertaking described until completion of Wastewater
Extension Facilities.
1.03 Purpose. The purpose of this Agreement is to set forth the terms under which the
City will agree to acquire the District’s wastewater collection facilities (including existing pipes,
manholes, and other wastewater infrastructure accepted by the District used to collect and deliver
wastewater within the District’s boundaries) (collectively, the “C&D Infrastructure”), construct
extension facilities, and provide wastewater treatment and disposal services to the Riverside
RWSD-BOZEMAN WASTEWATER AGREEMENT Page 3
Properties and in the process (i) describes the tasks necessary to connect the District’s existing
wastewater collection facilities to the City’s; and (ii) assigns to the applicable parties the
responsibilities for designing, connection and paying for such connections. The City is not
acquiring the District’s existing wastewater treatment facilities or the District’s water facilities or
water rights.
ARTICLE II
WASTEWATER EQUIPMENT & FACILITIES
2.01 Capacity. Upon approval by the City Commission of a Resolution of Annexation,
and completion of the Wastewater Extension Facilities, the City will provide the Riverside
Properties wastewater treatment and disposal services. In this regard, the City represents that upon
completion of the improvements discussed in Section 2.02 below, the City has sufficient capacity in
the City’s wastewater treatment and disposal facilities and systems to accommodate the wastewater
treatment and disposal needs of the Riverside Properties. Following annexation, the City shall have
the sole and exclusive right and obligation to operate and maintain all those facilities and systems to
provide wastewater treatment and disposal for the Riverside Properties, as well as other properties
served by the City.
2.02 Wastewater Extension Facilities. The City or its designee shall (i) design, construct,
and install a new wastewater pipeline from the vicinity of the District’s current lift station to deliver
wastewater to the City’s headworks facility or an upstream manhole as determined by the City in
order to connect with the City’s existing facilities; and (ii) upgrade or replace its existing lift
station to City standards including an emergency generator and flow meter with radio read
capabilities, all as reflected on Exhibit B (the “Wastewater Extension Facilities”).The City shall be
solely responsible for designing, constructing, installing, and obtaining all necessary permits for the
Wastewater Extension Facilities in the size and manner it deems appropriate, provided that the same
meet the standards and requirements of the MDEQ and the City that apply to public wastewater
systems and are sufficient to serve the District’s Properties.
2.03 Upon completion and approval by the City of the Wastewater Extension Facilities
and annexation, the District shall convey to the City, by Bill of Sale, all of the C&D Infrastructure ,
including the Wastewater Extension Facilities. Thereafter, the City shall be solely responsible for
all collection, treatment and disposal of wastewater within the District’s jurisdictional boundaries.
2.04 Permits and Approvals. The City shall be responsible for acquiring the permits and
approvals required by the laws of the State of Montana to construct the Wastewater Extension
Facilities. The City shall be responsible for acquiring any permits and approvals necessary to treat
and dispose of the wastewater from the Riverside Properties, as discussed herein.
2.05 Funding for Wastewater Extension Facilities. The Riverside Properties shall be
solely responsible for paying for the Wastewater Extension Facilities including but not limited to
costs and expenses of easements, permits, financing, etc. related to the construction and permitting
of the same. In this regard, the City shall work with the District to create a Special Improvement
District (an “SID”) in accordance with §7-12-4101 et seq. Montana Code Annotated. The costs
RWSD-BOZEMAN WASTEWATER AGREEMENT Page 4
associated with the Wastewater Extension Facilities and SID (collectively, the “SID Costs”) will be
assessed against the Riverside Properties pursuant to §7-12-4162 Montana Code Annotated. As
part of the annexation discussed in the Recitals above the Riverside Properties shall waive any
protest they may have to the SID.
2.06 No Interest in Water System. The District is not conveying to the City any interest
whatsoever in the District’s water system or water rights. The City reserves the right to require the
District to periodically test the water system to verify that nothing in the water or the flow rate or
volume of water stored by the District would lead to problems with the City’s wastewater facility or
its firefighting responsibilities. Following annexation of the Riverside Properties, the District shall
continue to own and operate, and remain responsible for, its water system and its water rights.
2.07 The Beginning Service Date: The date of completion and approval by the City of
the construction of the Wastewater Extension Facilities and notice to the District the City is
ready to assume wastewater services for the Riverside Properties shall be the “Beginning Service
Date”.
2.08 Costs of Treatment and Disposal Services. Following the Beginning Service Date,
the City will bill the Riverside Properties for wastewater services on a monthly basis in the manner
it bills other similarly situated properties within the City.
ARTICLE III
EVENTS FOLLOWING ANNEXATION
3.01 Transfer of Wastewater Infrastructure. Following annexation of the Riverside
Properties into the City and completion of the Project, the District shall transfer to the City, for no
additional consideration, all right, title and interest in and to its C&D Infrastructure these being all
of the personal property owned by the District used to collect and transmit to the City wastewater
from Riverside Properties. The parties agree they shall execute all instruments necessary to
effectuate such transfer and access. Sewer service lines from the property line to the premises are
owned by the owner of the property served. As owners of the sewer service lines, all property
owners will have the responsibility of keeping the service lines and all other necessary
appurtenances from the property line to the premises in good condition. Should the lines not be
properly maintained, the City may, at its discretion and at the owner’s expense, fix or correct any
deficiencies that occur which may affect the City’s ability to provide sewer service.
3.02 Consistent with the City's policy and the manner in which it treats other annexed
properties, the Riverside Properties will become part of the City upon annexation for all
municipal and governmental purposes including voting, debts, taxation, representation,
enforcement of laws and ordinances including the City's Unified Development Code (UDC), etc.
Upon annexation, the Riverside Properties and their owners/residents shall be entitled to the
same privileges and benefits as provided to other parts of the City and their residents. The City
Commission, however, recognizes that the Riverside Properties are unique in that they have been
part of established neighborhoods with their own character for many years. As such, the City
Commission will not at the time of annexation require property owners to upgrade streets and
RWSD-BOZEMAN WASTEWATER AGREEMENT Page 5
sidewalks within the District to City standards at the time the Riverside Properties are annexed,
or otherwise change the physical appearance of the neighborhoods. The parties understand that
such a decision cannot bind future city commissions, which may require property owners to do
so.
a. Until the Wastewater Extension Facilities are completed, the District must be
responsible for collecting and treating wastewater collected within its boundaries,
as well as charging and collecting the appropriate fees for the same.
b. Upon completion of the Wastewater Collection Facilities, the City will charge all
costs for wastewater collection and processing directly to the owners/residents of
the annexed properties in the same manner as all other City wastewater
customers. The City will require the owners of each of the Riverside Properties or
the District as a condition of receiving wastewater service to allow for the City or
its agents to access the property to install individual water meters on each
property’s water service to determine the volume of wastewater generated by the
Riverside Properties. The City is authorized to charge the Riverside Properties all
reasonable costs and expenses related to the installation of water meters. Until
such time as a water meter has been installed in an individual property, the
District agrees the City may charge costs for wastewater to such property based
on the City’s current unmetered customer rate. In addition, the City will determine
the assessment rate and methodology for wastewater treatment including any
additional charges for treatment of an individual property’s sump pump discharge.
c. Owners of the Riverside Properties may plow their own streets though all
properties within the area to be annexed will be subject to full City street
maintenance assessments.
d. The District recognizes individual properties within the Riverside Properties must
at the time of the Beginning Service Date comply with the requirements of
Chapter 40, Division 3, Bozeman Municipal Code (BMC). Specifically,
individual properties within the Riverside Properties will be prohibited from
connecting roof downspouts, foundation drains, areaway drains, or other sources
of surface runoff or groundwater into the City’s wastewater collection system
pursuant to section 40.03.1060, BMC.
3.03 Existing Rural Improvement Districts. The City recognizes the Riverside
Properties are included in Gallatin County's Rural Improvement District (RID) Maintenance
Program through RID 308 and RID 346. The District understands the existence of the RIDs will
not reduce the assessments by the City for street and tree, and arterial and collector district
assessments. These existing RID’s (308 and 346) will remain in place for ongoing maintenance
of the water system. Existing RID 310 is for water and sewer services and residents within the
District are assessed annually based upon lot square footage. The City will not be responsible for
any outstanding maintenance assessments or indebtedness the Riverside Properties may have for
these RIDs.
RWSD-BOZEMAN WASTEWATER AGREEMENT Page 6
3.04 Central Valley Fire District Debt. The Riverside Properties are currently located
within the Central Valley Fire District and those properties undertaken financial commitments
related to construction of a new fire station. Upon annexation, the City shall take over
responsibility for satisfying that financial commitment to the Central Valley Fire District.
3.05 Financing and Riverside Properties Responsible for All Costs of the Wastewater
Extension Facilities /Financing Options. The Riverside Properties shall be solely responsible for
paying for all costs of the Wastewater Extension Facilities. Consistent with the terms of the
Petition, the Riverside Properties desire for the City to create a SID for selling bonds to finance
the costs of the Wastewater Extension Facilities, in addition to the petition for annexation.
Financing for the design and construction will be through a SID or other equitable financing
method.
3.06 Indemnification. Upon annexation, the District releases, holds the City harmless and
indemnifies the City from any claims or damages resulting from, arising out of, or in any way
related to pollution and water quality compliance issues stemming from the District's operation
of its wastewater facilities for both past action and, for those facilities not conveyed by the
District to the City, for any future issues related to the District's facilities not so conveyed. This
indemnification will include holding the City harmless from any delay in the District meeting
DEQ's required compliance schedule. Upon annexation, the District also releases and holds the
City harmless from any suit from any resident of the Riverside Properties regarding the
formation of a SID to fund the Wastewater Extension Facilities.
3.07 Construction and Easements. Construction will be managed by the City in
accordance with its standard procedures for infrastructure projects, including procedures for
bidding, awarding and overseeing the contract for construction and construction itself.
Notwithstanding the foregoing, the City, with the Districts assistance, shall be responsible for
obtaining the necessary permits for the Wastewater Extension Facilities in accordance with the
standards and requirements of the DEQ and the City. Where applicable, any easements or rights
of way necessary for the provision of wastewater services will be transferred to the City upon
annexation.
3.08 Water for Firefighting. The City will, upon annexation, rely on the District to ensure
adequate water supply for fire suppression purposes. The District agrees to operate and maintain
its water distribution, storage, and supply system to maximize available water flow for fire
suppression from the system and to maintain the measured hydrant flows, as established through
hydrant testing completed jointly with the District and the City on June 29, 2021. Upon
annexation and connection of the Project to the City’s wastewater system, the District will
indemnify and hold the City harmless from any claims or damages resulting from, arising out of,
or in any way related to inadequate water supply or flow related to a fire suppression effort from
the District’s water system.
3.09 City Not Subject to DEQ Enforcement. The parties understand and agree that the act
of the City of assisting the District and the Riverside Properties in designing, constructing, and
financing the Wastewater Extension Facilities does not subject the City to enforcement action by
RWSD-BOZEMAN WASTEWATER AGREEMENT Page 7
DEQ for the District's ongoing water quality issues. The City or its designee, however, is taking
responsibility for designing and construction the Project.
3.10 City Assumption of Wastewater Treatment. On the Beginning Service Date, as
defined in Section 2.08 above, the District shall convey to the City its C&D Infrastructure used
to collect and deliver wastewater within the District's boundaries to the City’s water reclamation
facility near the District boundaries. Thereafter, the City shall be solely responsible for all
collection, treatment and disposal of wastewater coming from the Riverside Properties.
3.11 Nutrient Credits. The District acknowledges any future nitrogen and/or phosphorus
nutrient credits that result from removing the District's wastewater treatment system from
operation and which are provided by DEQ will belong to the City and may be used to offset the
City’s nutrient discharge limits.
3.12 District’s Water System. The District is retaining its water rights, water supply and
distribution system. The District's water supply and distribution system may be considered to
demonstrate compliance with the City's water adequacy requirements. Notwithstanding the
foregoing, the District agrees that it will not expand its area of water service without the written
consent of the City.
3.13 District to Maintain Responsibility for Its Wastewater Treatment Works. After the
Beginning Service date, as defined in Section 2.08 above, the District will continue to retain
possession of and maintain responsibility for its existing wastewater treatment system and all
infrastructure connected to that system that is not conveyed to the City as the C&D Infrastructure.
3.14 District's Ongoing Responsibilities. Following annexation and the Beginning
Service Date, the District will continue to operate as it relates to providing water to the Riverside
Properties, though it will cease to operate any sewer collection or treatment operations. Using its
existing systems, the District will exist for wastewater purposes solely to address any outstanding
reclamation and indemnity obligations.
3.15 Impact Fees. The City shall provide a listing of the cost of impact fees by
individual property that make up the Riverside Properties. The City will collect all fire impact
fees and distribute such to the fire impact fee capital fund at the time of annexation. For
wastewater impact fees, the City collect and will place wastewater impact fees in a fund to be
held by the City until the completion of the connection between the WRF and the Riverside
Properties. At the time the City commences treating wastewater effluent from the District
Properties the City will transfer all wastewater impact fees to the wastewater impact fee capital
fund.
RWSD-BOZEMAN WASTEWATER AGREEMENT Page 8
ARTICLE IV
MISCELLANEOUS
4.01 Nondiscrimination and Equal Pay Affirmation. The parties hereby affirm they
will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national
origin, or because of actual or perceived sexual orientation, gender identity or disability. In
addition, the parties hereby affirm they will abide by the Equal Pay Act of 1963 and Section 39-
3-104, MCA (the Montana Equal Pay Act), and have visited the State of Montana Equal Pay for
Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or
equivalent “best practices publication and have read the material.
4.02 Extension or Termination. This Agreement may be extended or terminated upon
the mutual consent of all parties.
4.03 Notices. Any notice, consent or approval required or permitted to be given under
this Agreement shall be in writing and shall be deemed to have been given upon (1) hand-
delivery, or (2) one business day after being deposited prepaid with Federal Express, United
States Postal Service, Express Mail, UPS, or any other reliable overnight courier service or
transmitted by facsimile telecopy with confirmation of receipt, and addressed as follows:
If to the District: If to the City:
Riverside Water & Sewer District City of Bozeman
Attn: Chair Attn: City Manager
P.O. Box 6233 P.O. Box 1230
Bozeman, Montana 59771 Bozeman, MT 59771
Either party may change its address by giving notice to the other in the manner provided
for in this section.
4.04 Choice of Law. This Agreement is made in, and shall be construed in
accordance with, the laws of the State of Montana.
4.05 Modifications and Waivers. This Agreement may only be modified in a writing
signed by each of the parties. No covenant, term or condition or the breach thereof shall be deemed
waived, except by written consent of the party against whom the waiver is claimed, and any waiver
of any covenant, term, or condition shall not be a waiver of any preceding or succeeding breach of
the same or any other covenant, term or condition. Acceptance by one party of any performance by
the other after the time the same shall have become due shall not constitute a waiver by the former
of the breach or default of any covenant, term or condition unless otherwise expressly agreed by the
non-breaching party in writing.
4.06 Assignment. This Agreement may not be assigned without the prior written consent
of the non-assigning party.
RWSD-BOZEMAN WASTEWATER AGREEMENT Page 9
4.07 Relationship of Parties. There shall be no separate legal entity created as a conse-
quence of this Agreement. This Agreement shall not be construed to create, either expressly or by
implication, the relationship of agency or partnership between the parties. No party (including the
party’s agent, employees or contractors) is authorized to act on behalf of another party in any
manner relating to the subject matter of this Agreement. No party shall be liable for the acts, errors
or omissions of the officers, agents, employees or contractors of the other party entered into,
committed or performed with respect to or in performance of this Agreement.
4.08 Captions. The titles or captions of the provisions of this Agreement are merely for
convenience or reference and are not representations of matters included or excluded from such
provisions.
4.09 Severability. If any term or provision of this Agreement shall, to any extent, be
determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of
this Agreement shall not be affected thereby, and each term and provision of this Agreement
shall be valid and enforceable to the fullest extent permitted by law
4.10 Entire Agreement. This Agreement and all exhibits hereto shall constitute the entire
agreement and understanding between and among the parties hereto with respect to the subject
matter hereof and supersedes all prior agreements and understandings relating to such subject
matter. The parties expressly acknowledge and agree that, with regard to the subject matter of this
Agreement and the transactions contemplated herein, (a) there are no oral agreements between the
parties and (b) this Agreement, including the exhibits attached hereto, (i) embodies the final and
complete agreement between the parties, (ii) supersedes all prior and contemporaneous negotiations,
offers, proposals, agreements, commitments, promises, acts, conduct, course of dealing,
representations, statements, assurances and understandings, whether oral or written, and (iii) may
not be varied or contradicted by evidence of any such prior or contemporaneous matter or by
evidence of any subsequent oral agreement of the parties.
4.11 No Construction Against Drafter. This Agreement and each of the parts hereof shall
not be construed against the party drafting the Agreement or that part, and in every event, this
Agreement and all of its parts shall be construed as if both parties drafted all its provisions.
4.12 Confirmation of Recitals. The Recitals set forth herein are true and accurate.
4.13 Recordation. This Agreement shall be filed with the Gallatin County Clerk and
Recorder and Montana Secretary of State as required by Section 7-11-107, MCA.
4.14 Further Assurances. The parties will cooperate in executing all further documents
necessary to effect the transactions discussed herein.
RWSD-BOZEMAN WASTEWATER AGREEMENT Page 11
LIST OF EXHIBITS
Exhibit A Legal Description of District Property Recitals
Exhibit B Drawings (Wastewater Extension) Section 2.02
BLK 2
LOT 50 BLK 2
LOT 49 BLK 2
LOT 48 BLK 2
LOT 47 BLK 2
LOT 46
BLK 2
LOT 45
BLK 2
LOT 44
BLK 2
LOT 43
BLK 2
LOT 42
BLK 2
LOT 41
BLK 2
LOT 40
BLK 2
LOT 39
BLK 2
LOT 38
BLK 2
LOT 37 BLK 2
LOT 36 BLK 2
LOT 35 BLK 2
LOT 34 BLK 2
LOT 33 BLK 2
LOT 32 BLK 2
LOT 31
BLK 2
LOT 30 BLK 2
LOT 29
BLK 2
LOT 28
BLK 2
LOT 27
BLK 2
LOT 26
BLK 2
LOT 25
BLK 2
LOT 24
BLK 2
LOT 23
BLK 2
LOT 22
BLK 2
LOT 21
BLK 2
LOT 20
BLK 2
LOT 19
BLK 2
LOT 18
BLK 2
LOT 17
BLK 2
LOT 16
BLK 2
LOT 15
BLK 2
LOT 14
BLK 2
LOT 13
BLK 2
LOT 12
BLK 1
LOT 9
BLK 1
LOT 8
BLK 2
LOT 11
BLK 2
LOT 10BLK 1
LOT 7
BLK 1
LOT 6
BLK 1
LOT 5
BLK 2
LOT 7
BLK 2
LOT 8
BLK 2
LOT 9
BLK 2
LOT 6BLK 2
LOT 5
BLK 2
LOT 4
BLK 1
LOT 4
BLK 1
LOT 3
BLK 1
LOT 2
BLK 1
LOT 1
BLK 2
LOT 1
BLK 2
LOT 2
BLK 2
LOT 3
COS 3030
TRACT 2
COS 3030
TRACT 3
COS 3030
TRACT 1
116B-1116C-1116A-1114B-1114C-1114A-1113D-1113C-1113B-1113A-1112D
-
1
A
112C-
1112B
-
1
112A-
1
LOT 4
LOT 3
LOT 2
LOT 1
109D
109C
109B
109A
107
C
-
1
107
B
-
1
107
A
-
1
105F
-
1
105E
-
1
105
B
-
1
10
5
C
-
1
105
D
-
1
10
5
A
-
1
BL
K
4
LO
T
4
10
2
D
-
1
102
C
-
1
102
B
-
1
102
A
-
1101D 101C101B101A11
D
11
C
11
B
11A
10D
10C
10B
10
A
8D-1
8C-1
8B-1
8A-1
7D-1
7C-1
7B-1
7A-1
5D-1
5C-1
5B-1
5A-1
3C-1
3B-1
3A-1
2C-12B-12A-11A1BCOS 674 SPRINGHILL ROADRIVERSIDE DR.PARKPLAZAGALLATIN DRRIVERSIDE COUNTY WATER & SEWER DISTRICT NO. 310
406-586-8834
1483 North 14th Ave., Suite 101
Bozeman, Montana 59715
WWW.DOWL.COM
ANNEXATION BOUNDARY AND PROPERTY DESCRIPTION EXHIBIT A
PROPOSED ANNEXATION PROPERTY DESCRIPTION
LEGEND
CITY OF BOZEMAN
WATER RECLAMATION
FACILITY SPRING HILL ROADRIVERSIDE COUNTY WATER & SEWER DISTRICT NO. 310
406-586-8834
1283 N. 14th Ave; Suite 101
Bozeman, Montana 59715
WWW.DOWL.COM PRELIMINARY LIFT STATION AND
EXHIBIT B
LEGEND
FORCE MAIN ALIGNMENT
RETURN RECORDED DOCUMENT TO:
Bozeman City Clerk PO Box 1231 Bozeman, MT 59771-1231
PUBLIC UTILITY EASEMENT
Riverside County Club, Inc. a Montana non-profit corporation, of 2500 Springhill Road, Bozeman
MT 59718-8466, the GRANTOR, in consideration of one dollar and other good and valuable
consideration, receipt of which is hereby acknowledged, does hereby grant to City of Bozeman,
121 North Rouse Avenue, P.O. Box 1230, Bozeman, MT 59771, a Municipal Corporation of the
State of Montana, GRANTEE, its successors and assigns, a perpetual easement to lay, construct
and maintain water and sewer mains with the usual services, connections, accessories and
appurtenances for the purpose of transmitting water and sewage in, through and across strips of
land of variable width situated in Gallatin County, Montana, to be located on the following
described real property:
Southwest one-quarter of the southeast one-quarter of Section 23, Township 01 South,
Range 05 East, Principal Meridian Montana (P.M.M), Gallatin County, Montana.
The easements are more particularly shown and dimensioned on the attached Exhibit A,
which by this reference are made a part of this document.
This grant includes the right of the GRANTEE, its successors, permittees, licensees, and
assigns and its and their agents and employees, to enter at all times upon the above-described land
by using existing roads or trails or otherwise by a route causing the least damage and inconvenience
to the GRANTOR(S) in order to survey and establish the route and location of the easement and
the pipeline and to:
(1) Construct, operate, patrol, repair, substitute, remove, enlarge, replace, and maintain the
pipeline, services, connections, accessories and appurtenances;
(2) Trim, remove, destroy, or otherwise control any trees and brush inside or outside the
boundaries of the easement which may, in the opinion of the GRANTEE, interfere or
threaten to interfere with or be hazardous to the construction, operation and maintenance
of the pipeline;
(3) Grade the land subject to this easement and extend the cuts and fills of this grading into
and on the land adjacent to that which is subject to this easement to the extent GRANTEE
may find reasonably necessary; and
(4) Support the pipeline across ravines and water courses with structures which GRANTEE
deems necessary.
THE GRANTEE AGREES:
(1) That, in connection with the construction, operating, patrolling, repairing, substituting,
removing, enlarging, replacing, and maintaining of said pipelines, it will repair or replace,
at its sole expense, or pay to GRANTOR(S) the reasonable value of any damages to
growing crops, existing fences, ditches and other appurtenances of said land that may be
disturbed by its operation.
(2) That, during operations involving excavation, it will remove the topsoil from the trenched
area to a depth of one foot, or to the full depth of the topsoil, whichever is less, and stockpile
said top soil for replacement over the trench. It will remove from the site any large rocks
or surplus excavating material or any debris that may have been exposed by the excavation
and remains after backfilling is completed. And, it will leave the finished surface in
substantially the same condition as existed prior to the beginning of operations except that
the surface of backfilled areas may be mounded sufficiently to prevent the formation of
depressions after final settlement has taken place.
THE GRANTOR(S) AGREES:
(1) At no time will they build, construct, erect or maintain any permanent structure within the
boundaries of said easement without the prior written consent of GRANTEE.
(2) At no time will they modify the finished grade of the land over the pipeline by removal of
existing soil or by placement of fill material within the boundaries of said easement without
the prior written consent of the GRANTEE.
(3) That where the subject improvements are not located under improved public or private
streets or other provided access, a 12 foot wide all-weather access road may be constructed
within the easement where at the City's discretion such access is required for operation and
maintenance purposes.
(4) The GRANTOR(S) warrants that they are lawfully seized and possessed of the real
property described above, that they have a lawful right to convey the property, or any part
of it, and that they will forever defend the title to this property against the claims of all
persons.
(5) The GRANTEE may peaceably hold and enjoy the rights and privileges herein granted
without any interruption by the GRANTOR(S). The terms, covenants and provisions of
this easement and agreement shall extend to and be binding upon the heirs, executors,
administrators, personal representatives, successors and assigns of the parties hereto.
DATED this ________ day of __________________, 2021.
GRANTOR: Riverside County Club, Inc. a Montana non-profit corporation
By: _______________________, President
STATE OF MONTANA )
)ss.
County of Gallatin )
This instrument was signed or acknowledged before me this this _______day of ____________,
2021, by _____________________________________
(SEAL)
Notary Public for the State of Montana
Printed Name: ________________________
Residing at ___________________________
My Commission Expires / _____/20
ACCEPTED - CITY OF BOZEMAN
By: Jeff Mihelich its City Manager
ATTEST:
By: Mike Maas, its City Clerk
STATE OF MONTANA )
)ss.
County of Gallatin )
On this _____day of __________, 202 _________ , before me, a Notary Public for the
State of Montana, personally appeared JEFF MIHELICH and MIKE MAAS, known to me to be
the City Manager and City Clerk, respectively, of the City of Bozeman and the persons whose
names are subscribed to the within instrument, and acknowledged to me that they executed the
same for and on behalf of the City of Bozeman.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day
and year first above written.
(SEAL)
Notary Public for the State of Montana
Printed Name: ________________________
Residing at ___________________________
My Commission Expires / _____/20