HomeMy WebLinkAboutAnnexation application02042022 BOZ E MANMT ANNX
Community Development
ANNEXATION APPLICATION CHECKLIST
ANNEXATION APPLICATION PROCEDURE
Annexation is the process of expanding the boundaries of a city.This handout provides details for the application requirements to
submit to annex a property.The following goals and policies are hereby established for the consideration of annexations to the City
of Bozeman in Resolution No. 5076. Ensure that your narrative acknowledges them in your submittal.
SECTION ONE:GOALS
1. The City of Bozeman encourages annexations of land contiguous to the City.
2. The City encourages all areas that are totally surrounded by the City to annex.
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.
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.
5. The City encourages annexations within the urban area identified on the future land use map in the current Bozeman Growth
Policy.
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.
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.
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.
9. The City seeks to obtain water rights adequate for future development of the property with annexation.
10. The City of Bozeman encourages annexations for City provision of clean treated water and sanitary sewer.
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.
2. Issues pertaining to master planning and zoning must be addressed prior to or in conjunction with the application for
annexation.
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.
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.
6. Fees for annexation processing will be established by the City Commission.
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.
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.
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.
Annexation Application Checklist Page 1 of 3 Revision Date:November 2021
ANNEXATION APPLICATION CHECKLIST
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.
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.
12. The mapping may be waived by the Director of Public Works.
13. The City will assess system development/impact fees in accordance with Montana law and Chapter 2,Article 6, Division 9,
Bozeman Municipal Code.
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.
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.
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.
18. The City will notify the Gallatin County Planning Department and Fire District providing service to the area of applications for
annexation.
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.
ANNEXATION APPLICATION CHECKLIST
1. Create and submit a Planning application using the ProiectDox portal;
a.After completing your Development Review Application,you will receive a Notification Letter(example)
via email. Please download this document and obtain owner's signature. Upload as a PDF to the"Documents"folder in
ProjectDox.
2. The digital copies must be separated into two categories: Documents and Drawings.
a. The Documents folder should include items such as application forms, narrative, response to City comments,
supplemental documents,technical reports,easements, legal documents,etc.
b. The Plans folder should include items such as site plans, civil plans, landscape plans, photometric plans, elevations,etc.
All drawing files must be drawn and formatted for a 24"x 36" sheet file or 11"x 17"sheet file. Plan pages shall be properly
oriented in landscape mode. Refer to our Quick Guide for additional information;
3. Naming protocol.All files should be numbered and named according to their order listed on your provided Submittal Checklist.
File names should start with a numeric value followed by the document name.The numeric value at the beginning of the
file name ensures the order in which they are displayed. Refer to our Quick Guide for additional information;
4. Project narrative describing the project type and proposed use scope. Ensure to include questions asked above in the
narrative.
5. Complete and signed property adjoiners certificate form N1 and materials.
Annexation Application Checklist Page 2 of 3 Revision Date:November 2021
ANNEXATION APPLICATION CHECKLIST
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ANNEXATION MAP REQUIREMENTS
1. Include an exhibit of the property to be modified. Provide existing County zoning designation and the proposed zoning
designation clearly labeled. The exhibit should include the legal limits of the property and size in square feet and acreage.
If adjacent to a right-of-way, the annexation must include the full width of the right-of-way per 7-2-4211 MCA.
2. Scale not greater than 1 inch to 20 feet nor less than 1 inch to 100 feet.
3. Scale, north arrow and date of preparation.
4. Subject property well defined.
5. Land use pattern of surrounding area.
6. Existing zoning of the surrounding property.
7. Boundaries of proposed zoning(if more than one designation being requested)well defined.
8. Proximity of all existing and proposed water and sewer mains and extension.
9. Location of all existing structures on the subject property.
10. Adjacent streets and street right-of-ways.
11. Water bodies and wetlands.
CERTIFICATION AND SIGNATURES - -^--- - ------ --- v-------
I (We),the undersigned hereby certify that the information contained in this application is true and correct to the best of my
(our) knowled
t
OZ- i 00-3Zb?-Z-
Property r Si n Date
State of _1�bnianA
County of Ga)lat,n
On this 3s-6- date of Febc-L)o c-V 2011 before me, a Notary Public and the State of
personally appeared VI V Iona Sazlm in known to me to be the
person(s)whose name(s) is(are)subscribed to the above instrument and acknowledge to me that he/she/they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the date and year first above written.
UC
ADAM C TUCKER
p,• - Notary Public
Notary Public for
State of 17% �"Qno' �.NOTaa�gi 9 for the State of Montana
Residing at C�OZ2MA�1 fY1T * �`= Residing n
SEAL Q- Bozeman, Montana
�P• My Commission Expires:
My Commission Expires DtCGM\,, Qy W25 December4, 2025
REQUIRED FORMS
ANNX,ZMA, N1• GPA (if changing growth policy designation)
APPLICATION FEE ---- --
For most current application fee, see Schedule of Community Development fees. Fees are typically adjusted in January.
ONTACT US
Alfred M. Stiff Professional Building phone 406-582-2260
20 East Olive Street fax 406-582-2263
PO Box 1230 planning@bozeman.net
Bozeman, MT 59715 www.bozeman.net/planning
Annexation Application Checklist Page 3 of 3 Revision Date:November 2021
BOZ E MAN MT ZMA
Community Development T O N E MAP AMENDMENT CHECKLIST
ZONE MAP AMENDMENT APPLICATION PROCEDURE
A Zone Map Amendment (ZMA), requests a change of zoning to an existing parcel or as part of an annexation to a property that
requires a zoning designation. If the rezone is part of an annexation,this handout provides details for the application requirements
required to rezone a property.
ZMA APPLICATION CHECKLIST
1. Create and submit a Planning application using the ProiectDox portal:
a. After completing your Development Review Application,you will receive a Notification Letter(example)
via email. Please download this document and obtain owner's signature. Upload as a PDF to the "Documents" folder
in ProjectDox.
2. The digital copies must be separated into two categories: Documents and Drawings.
a. The Documents folder should include items such as application forms, narrative, response to City comments,
supplemental documents, technical reports, easements, legal documents, etc.
b. The Drawings folder should include items such as site plans, civil plans, landscape plans, photometric plans,
elevations, etc. All drawing files must be drawn and formatted for a 24" x 36" sheet file or 11" x 17" sheet file. Plan
pages shall be properly oriented in landscape mode. Refer to our Quick Guide for additional information;
3. Naming protocol. All files should be numbered and named according to their order listed on your provided Submittal Checklist.
File names should start with a numeric value followed by the document name.The numeric value at the beginning of the file
name ensures the order in which they are displayed. Refer to our Quick Guide for additional information;
4. Complete and signed property adjoiners certificate form N1 and materials.
5. Project narrative including a detailed response to the following:
a. Is the new zoning designed in accordance with the growth policy? How?
b. Will the new zoning secure safety from fire and other dangers? How?
c. Will the new zoning promote public health, safety and welfare? How?
d. Will the new zoning facilitate the adequate provisions of transportation, water, sewage, schools, parks and other
public requirements? How?
e. Will the new zoning provide reasonable provision of adequate light and air? How?
f. Will the new zoning have an effect on motorize and non-motorized transportation systems? How?
g. Does the new zoning promote compatible urban growth? How?
h. Does the new zoning promote the character of the district? How?
i. Does the new zoning address the affected area's peculiar suitability for particular uses? How?
j. Was the new zoning adopted with a view of conserving the values of buildings? How?
k. How does the new zoning encourage the most appropriate use of land throughout the jurisdictional area? How?
ZMA MINIMUM NARRATIVE STANDARD
As an amendment is a legislative action,the Commission has broad latitude to determine a policy direction. The burden of proof
that the application should be approved lies with the applicant.
A zone map amendment must be in accordance with the growth policy(criteria A) and be designed to secure safety from fire
and other dangers (criteria B), promote public health, public safety, and general welfare (criteria C), and facilitate the provision
of transportation, water, sewerage, schools, parks and other public requirements (criteria D). Therefore,to approve a zone map
amendment the Commission must find Criteria A-D are met.
In addition,the Commission must also consider criteria E-K, and may find the zone map amendment to be positive, neutral, or
negative with regards to these criteria. To approve the zone map amendment,the Commission must find the positive outcomes
of the amendment outweigh negative outcomes for criteria E-K. In determining whether the criteria are met,the City considers
the entire body of regulations for land development. Standards which prevent or mitigated negative impacts are incorporated
throughout the entire municipal code but are principally in Chapter 38, Unified Development Code.
The information,or argument, is necessary to make a decision. Statements supporting the application must identify goals and
objectives of the Growth Policy advanced by the proposed change. Conclusory statements are not arguments for a proposed
change.Your argument is critical to the success or failure of your application. Please refer to example finding to help inform your
analysis.
Zone Map Amendment Page 1 of 2 Revision )ate:November 2021
ZMA APPLICATION CHECKLIST
Be aware your application will be analyzed against spot zoning and is a primary component of the public review. You may wish to
comment to ensure your request is successful and defensible.
ZMA MAP REQUIREMENTS
1. Include an exhibit of the property to be modified. Provide existing zoning designation and the proposed zoning
designation clearly labeled. The exhibit should include the legal limits of the property and size in square feet and acreage.
If adjacent to a right-of-way, the zoning should extend to the centerline of the right of way.
2. Scale not greater than 1 inch to 20 feet nor less than 1 inch to 100 feet.
3. Scale, north arrow and date of preparation.
4. Subject property well defined.
5. Existing zoning of the surrounding property, including County zoned properties if applicable.
6. Boundaries of proposed zoning(if more than one designation being requested)well defined.
7. Proximity of all existing and proposed water and sewer mains and extension.
8. Location of all existing structures on the subject property.
9. Adjacent streets and street right-of-ways.
10. Water bodies and wetlands.
CERTIFICATION AND SIGNATURES ---
4th rsig ed e by certify that the information contained in this application is true and correct to the best of my
s Slgnature(s) Date
State of / ?Anfana
County of Ga main
On this 3r& date of F—Al-L)Oi'V 20& before me, a Notary Public and the State of /'I'1Qn�'anGt
personally appeared V,VIa►,a TZrn1io He—\v
known to me to be the
person(s)whose name(s) is(are)subscribed to the above instrument and acknowledge to me that he/she/they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the date and year first above written.
ADAM C TUCKER
Notary Public
I �oTAA"q�. for the State of Montana
Notary Public for State of MontGtnO, _ -- = Residing at:
. Bozeman, Montana
Residing at �bZGmOrfl mT -9�' •... >'' My Commission Expires:
Mo December 4,2025
My Commission Expires �ecery-ln :r QY, Z.OU
REQUIRED FORMS - -- --
N1,ANNX (if property is being annexed into City)
APPLICATION FEE -------~ --- -----
For most current application fee, see Schedule of Community Development fees. Fees are typically adjusted in January.
CONTACT US -__-- --
Alfred M. Stiff Professional Building phone 406-582-2260
20 East Olive Street fax 406-582-2263
PO Box 1230 planning@bozeman.net
Bozeman, MT 59715 www.bozeman.net/planning
Zone Map Amendment Page 2 of 2 Revision Date:November 2021