HomeMy WebLinkAbout004 Annexation Goals & Policies Narrative
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Thomas Drive Annexation
Annexation Goals and Policies Narrative
THOMAS DRIVE ANNEXATION
ANNEXATION GOALS AND POLICIES NARRATIVE
GOALS
1. The City of Bozeman encourages annexations of land contiguous to the City.
Response: The proposed annexation is contiguous to the City of Bozeman on north,
south, and east sides of the parcel.
2. The City encourages all areas that are totally surrounded by the City to annex.
Response: The subject property is surrounded by the City on the north, south, and east
portions of the property.
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.
Response: The subject property is not currently contracting with the City for municipal
services. However, public infrastructure is available within the future
Thomas Drive public right-of-way.
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.
Response: The subject properties lie within the service boundaries for water and sewer
service.
5. The City encourages annexations within the urban area identified on the future land use
map in the current Bozeman Growth Policy.
Response: The proposed annexation lies 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.
Response: The proposed annexation will create a more regular boundary by filling in a
gap of currently unannexed land.
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Thomas Drive Annexation
Annexation Goals and Policies Narrative
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.
Response: Thomas Drive right-of-way lies directly east of the proposed annexation and
continues south from the intersection of N. 27th Ave. and Cattail St. Road
improvements to Thomas Dr. will occur with the future development of the
subject property and will connect the paved intersection of N. 27th Ave. and
Cattail St. to the future development. Additional right-of-way may be
required to provide for full width right-of-ways and access to future
development.
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.
Response: The total area of the parcel to be annexed is 15 acres.
9. The City seeks to obtain water rights adequate for future development of the property
with annexation.
Response: The applicant acknowledges this goal.
10. The City of Bozeman encourages annexations for City provision of clean treated water
and sanitary sewer.
Response: The proposed annexation is not currently served by City water or sewer.
There is one existing home located within the proposed annexation. It is
likely the existing home will be removed for the efficient development of the
property. All future development within the proposed annexation will utilize
City water and sewer.
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.
Response: The applicant acknowledges this policy and is willing to provide any required
right of way and sign Waiver(s) of Right to Protest the Creation of Special or
Improvements agreement upon annexation.
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Thomas Drive Annexation
Annexation Goals and Policies Narrative
2. Issues pertaining to master planning and zoning must be addressed prior to or in
conjunction with the application for annexation.
Response: An initial zone map amendment is being submitted in conjunction with the
annexation application. The proposed zoning for the subject properties is
Residential Mixed-Use (REMU). Please refer to the zone map amendment
application narrative for more information.
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.
Response: The application for annexation is in compliance with the current Bozeman
Growth Policy. A Growth Policy Amendment is not required.
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.
Response: The applicant acknowledges this policy. The applicant proposes a zoning
designation of REMU for the property upon annexation. Please refer to the
zone map amendment application narrative for supporting documentation as
to why the property should be designated REMU.
5. The applicant must indicate their preferred zoning classification as part of the annexation
petition.
Response: REMU zoning is proposed.
6. Fees for annexation processing will be established by the City Commission.
Response: The applicant acknowledges this policy.
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.
Response: The main access to the proposed annexation will be from Thomas Dr. Road
improvements of Thomas Dr. will occur with the development of the subject
property and will comply with City street standards. The afore-mentioned
road improvements will connect the paved intersection of N. 27th Ave. and
Cattail St. to the future development.
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Thomas Drive Annexation
Annexation Goals and Policies Narrative
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.
Response: The applicant acknowledges this policy.
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.
Response: The applicant acknowledges this policy. In the event the City determines
adequate emergency services cannot be provided to ensure public health,
safety and welfare, the property owner will provide a written plan for
accommodation of these services.
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.
Response: The applicant does not request to utilize the emergency provision to connect
any contiguous unannexed property. Sewer and water stubs currently exist
in the Cattail Properties Subdivision located directly north of the unannexed
parcel contiguous to the subject property. In addition, water and sewer
mains are located in the Thomas Drive alignment for connection of future
main extensions to serve the property.
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.
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Thomas Drive Annexation
Annexation Goals and Policies Narrative
Response: Included in this application is an Annexation Map per the requirements
outlined in the Annexation Application Checklist.
12. The mapping may be waived by the Director of Public Works.
Response: A waiver to the map requirement is not being requested.
13. The City will assess system development/impact fees in accordance with Montana law
and Chapter 2, Article 6, Division 9, Bozeman Municipal Code.
Response: The applicant acknowledges this policy.
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.
Response: The public notice will be completed as required.
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.
Response: The applicant acknowledges this policy.
16. When possible, the use of Part 46 annexations is preferred.
Response: The applicant acknowledges this policy.
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.
Response: The applicant acknowledges this policy.
18. The City will notify the Gallatin County Planning Department and Fire District providing
service to the area of applications for annexation.
Response: The applicant acknowledges this policy.
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
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Thomas Drive Annexation
Annexation Goals and Policies Narrative
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.
Response: The applicant acknowledges this policy.
END OF NARRATIVE