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HomeMy WebLinkAbout004 Project Narrative Synergy Engineering and Konsulting 1 | Page Project Narrative: Walker Property Subdivision Block 1 Lot 5 – Annexation Request Location: Walker Property Subdivision, Section 26, T01, R05, Block 1, Lot 5, 2.042 Acres Owners: William Thompson Jr. and Christine Thompson Background: Walker Property Subdivision A Planned Unit Development was approved by Gallatin County in June of 1992. The subdivision review and application were pre-1999. Pre 1999 all subdivision applications went through the Bozeman City-County Planning Review department. The COSA (Certificate of Subdivision Plat Approval) for the Walker Property Subdivision was approved by MDEQ in March of 1992. The subdivision consists of 19 lots. The approval included the following conditions: • That the lots in Blocks 1 and 5 shall be used for residential purposes • That the public sewer system shall be provided by the City of Bozeman • That storm drainage designs shall be submitted to the City Engineering Office as the lots are developed, and at a minimum, the storm drainage anticipated from the 2-year 6-hour storm must be contained on-site Applicant was informed by the City of Bozeman that prior to providing sewer service as required by the State of Montana this parcel must be annexed to the City. City of Bozeman Annexation Goals: 1. The City of Bozeman encourages annexations of land contiguous to the City. Lot 5 is not contiguous to the City limits as it is separated from the boundary by open space within the Walker Property Subdivision. Utilizing the City’s Community Development Viewer, it appears that several individual lots with the Walker Property Subdivision have been annexed to the City. 2. The City encourages all areas that are totally surrounded by the City to annex. Utilizing the City’s Community Development Viewer it appears that within the Walker Property Subdivision Block 1 – Lot 2A, Lot 3A-1, Lot 4A, Lot 7 and Lot 9 have all been annexed to the City. 3. The City encourages all properties currently contracting with the City for City services a such as water, sanitary sewer, and/or fire protection to annex. Lot 5 is currently undeveloped and has no existing services. 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. An existing 12’’ ductal iron water main and existing 8’’ PVC sewer main run along either side of Campbell Road and appear to service Lots 2A, Lot 3A-1, Lot 4A, Lot 7 and Lot 9. Review of the current facility plans on the City’s website indicates that Lot 5 is within the Future Ultimate Build-Out (UBO) Boundary for the City. 5. The City encourages annexations within the urban area identified on the future land use map in the current Bozeman Growth Policy. Review of the Future Land Use Map contained in the Bozeman Community Plan 2020 (Final) indicates that Lot 5 is within the Urban Neighborhood designation. Synergy Engineering and Konsulting 2 | Page 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. Annexation of Lot 5 will leave unannexed gaps consisting of open space within the Walker Property Subdivision. 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. Annexation of Lot 5 will have no effect on existing traffic circulation. 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 small annexation. Lot 5 is less than 5 acres and has sanitary disposal needs. 9. The City seeks to obtain water rights adequate for future development of the property with annexation. Lot 5 does not have any existing water rights. 10. The City of Bozeman encourages annexations for City provision of clean treated water and sanitary sewer. Lot 5 will connect to both City water and sewer services. City of Bozeman Annexation 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. Lot 5 does not contain any existing easements. The owners of Lot 5 are agreeable to waiving the right to protect the creation of special or improvement districts. 2. Issues pertaining to master planning and zoning must be addressed prior to or in conjunction with the application for annexation. No issues to master planning or zoning will occur due to the annexation of Lot 5. 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 of Lot 5 in conformance with the Bozeman Community Plan 2020 (Final). 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. Lots 2A, 3A-1, and 4A within the Walker Property Subdivision are zoned R-3 and Lots 7 and 9 are zoned R-1. It is anticipated that the City Commission will assign one of these zones to Lot 5. 5. The applicant must indicate their preferred zoning classification as part of the annexation petition. R-3 residential medium density zoning classification is preferred as the current Gallatin County zoning is RX-MD residential existing medium density. Synergy Engineering and Konsulting 3 | Page 6. Fees for annexation processing will be established by the City Commission. Resolution 5286 Exhibit A effective July 6, 2021 indicates that the Annexation application including initial Zone Map Amendment fee is $2,122. 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. Lot 5 is accessed by Campbell Road which is a paved road. 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. The property owner understands that there will be an appropriate fee in lieu of water rights. 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 of annexation. Additionally, the parcel to be annexed may only be provided sanitary sewer via the applicable drainage basin defined in the City Wastewater Collection Facilities Plan. No infrastructure or emergency service issues are anticipated in conjunction with the annexation of Lot 5. 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 initiation 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 condition 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 City is requiring annexation of Lot 5 prior to providing sanitary sewer service as is required by the State of Montana approved COSA for the property. 11. The annexation application shall be accompanied by mapping to meet the requirements of the Director of Public Works. Mapping for Lot 5 has not been provided 12. The mapping may be waived by the Director of Public Works. Applicant requests that mapping requirements be waived for Lot 5. 13. The City will assess system development/impact fees in accordance with Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code. The applicant understands that the City will asses development/impact fees in accordance with Montana Law. Synergy Engineering and Konsulting 4 | Page 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. 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. Understood. 16. When possible, the use of Part 46 annexations is preferred. This annexation request is for Lot 5 only and not by petition. 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. Understood. 18. The City will notify the Gallatin County Planning Department and Fire District providing service to the area of applications for annexation. 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 property 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. Lot 5 is undeveloped and does not have any existing septic system nor well to disconnect.