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HomeMy WebLinkAbout011 Narrative_Harper's Annexation 05.22.2024 EXECUTIVE SUMMARY This project is pursuing annexation into the City of Bozeman (City) along with an initial zoning of R-3 and R-4 for two (2) parcels totaling approximately 40.12 acres. The two parcels are hereinafter referred to as Tract 1 and Tract 2, and collectively as the Subject Property. Tract 1 is proposed to be zoned R-3 and Tract 2 is proposed to be zoned R-4. The Subject Property is located on the east side of Hidden Valley Road and west of Davis Lane. The properties currently lie completely within Gallatin County and are zoned AS (Agricultural Suburban). The legal description is Tracts 1 and 2 of Certificate of Survey 408A, Section 27, Township 1 South, Range 5 East. The addresses are 1196 Hidden Valley Road and 1200 Hidden Valley Road. The City of Bozeman has recently been consulted regarding the availability of service (specifically utility and access) to the Subject Property. Based on these discussions and a recent update of the City of Bozeman wastewater master plan, it is understood that services are available. The Subject Property is located within the newly created sewer drainage basin for the Valley Center Lift Station. Access and water are available from the east. PROJECT OVERVIEW The Owner is requesting a zoning designation of R-3 for Tract 1 and R-4 for Tract 2 (Residential High Density). The Subject Property is adjacent to (on the west side of) a recent annexation of Eighty-6 Development with designated zoning of REMU (Residential Emphasis Mixed-Use). Another recent City annexation of 114.69 acres northeast of the Subject Property (called Turnrow) was completed with designated zoning of REMU (see attached Vicinity Map for more detail). The Subject Property has been designated as Urban Neighborhood within the Future Land Use Map incorporated into the City’s Community Plan. RESPONSES TO ANNEXATION & ZONE MAP CRITERIA The applicant understands that the annexation of property is subject to the goals and policies established by Commission Resolution No. 4400. These goals and policies are outlined and addressed individually below. Annexation and Zone Map exhibits are included with the application for reference. SECTION ONE: ANNEXATION GOALS 1. The City of Bozeman encourages annexations of land contiguous to the City. - The proposed project is contiguous to the City of Bozeman, as the current City limits are on the eastern property line of this parcel. The property to the east is Parcel 3 of COS 3035 (Eighty-6 Development) which is zoned REMU. Narrative & Overview Harper’s Corner Annexation WGM Project Number: 211024 05.22.2024 2. The City encourages all areas that are totally surrounded by the City to annex. - The property is not completely surrounded by the City. The City of Bozeman is located to the east of the subject 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. - This project will connect to City services including water, sanitary sewer, and fire protection. The existing buildings on the property are serviced by on-site water and sewer. A contract for City services will not be necessary since annexation is proposed. 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, and land proposed for development that proposes to utilize municipal water or sewer systems. - This project will utilize the City’s municipal water and sewer systems. City water and sewer is located east of the property and the intent is to connect to these existing utilities to serve a proposed future development. The property is located within the City’s newly updated Baxter Creek Wastewater Drainage Basin which discharges to a newly planned sewer lift station along Valley Center Road. The Subject Property can discharge sewer to this future lift station via several route options, being Hidden Valley Road or private easement along the east side of the property and through the Turnrow development. The property is also within the City’s 2015 water service plan area. This plan indicates that a new 12-inch water main is planned for future growth and development south and east of the Subject Property. It also indicates that a new eight-inch water main is planned east of the Subject Property. 5. The City encourages annexations within the urban area identified on the future land use map in the current Bozeman Growth Policy. - The Subject Property lies within the urban area identified in the City of Bozeman Growth Policy. The future land use map has designated this property as Urban Neighborhood. This project will be consistent with the City of Bozeman Growth Policy and will be compliant with the Urban Neighborhood land use designation. The adjacent properties are being developed as an urban area and the proposed land use for this development will follow the growth pattern designed by the City. 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. - This project will not create an island of annexed land surrounded by unannexed land. City limits will be extended to the west as a result of the annexation of the Subject Property, which falls within the urban area identified on the future land use map. The extension is not irregular as it aligns roughly with the west end of the City boundary to the south. 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. - The future project will facilitate and enhance both east to west, and north to south traffic connectivity and circulation. The site will connect Hidden Valley Road to Davis Lane by ultimately extending Catamount Street to the west, such that traffic has a central point of circulation and will not, instead need to drive to Valley Center Road or Baxter Lane to move east and west. The project will also enhance north south traffic via Ferguson Road which is planned for the east side of the project site. This connection enhances access for the existing residents and opens up connectivity options for future developments in the area. 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. - The proposed project is larger than five acres in size (40.12 acres). 9. The City seeks to obtain water rights adequate for future development of the property with annexation. - Acknowledged, no water rights currently exist with this property other than a stock water right (number 41H 362-00). 10. The City of Bozeman encourages annexations for City provision of clean treated water and sanitary sewer. - Acknowledged, extension of City sewer to this site will ultimately increase the quality of the groundwater in the area by eliminating the need for septic drainfields and enabling nearby properties on septic drainfields (including the trailer park north of the Subject Property) to connect to City 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. - The annexation will include dedication of all easements, rights-of-way, and waivers of right to protest the creation of improvements. The applicant will work with the City staff to ensure that all of these items are secured in the annexation agreement prior to the City Commission hearing. The annexation will dedicate the west half of the future Ferguson Road (Collector) extension. The annexation will dedicate the north half of the future Catamount Street (Minor Arterial) extension. The annexation will include dedication of right-of-way for the east half of the Hidden Valley Road (Collector) extension. 2. Issues pertaining to master planning and zoning must be addressed prior to or in conjunction with the application for annexation. - Preliminary master planning along with evaluation of availability of utilities and City service has been addressed. The Subject Property will be provided access to the City from the east. Direct (existing) access is also available via Hidden Valley Road. Sewer service will be provided via the future Valley Center Lift Station. Water service will be provided via main extension from the east. The Subject Property tentatively includes a variety of residential housing options and transportation options. The future growth patterns that are envisioned by the City will occur and enhance the compatibility of the surrounding areas. 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. - The annexation is in conformance with the current City of Bozeman Growth Policy. Comparable zoning districts within the Urban Neighborhood Designation include R-S, R-1, R-2, R-3. R-4, R-5, R-O, REMU, RMH, B-1, and PLI. These zoning districts allow a range of densities, however since Tract 2 is adjacent to REMU zoning, a mid-range density of R-4 would be appropriate for the subject property. The proposed zoning of R-3 on Tract 1 will provide a lower density buffer to the neighbors to the west. 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. - Acknowledged, the application is requesting an R-3 zoning for Tract 1 and a R-4 zoning for Tract 2. 5. The applicant must indicate their preferred zoning classification as part of the annexation petition. - The preferred zoning for this development is R-3 for Tract 1 and R-4 for Tract 2. These zoning designations will match the City land use/growth policy, are said to be supportable by the adjacent neighboring landowners to the west, and will meet the intended development of the property. 6. Fees for annexation processing will be established by the City Commission. - Acknowledged, the Owner is paying the required annexation fees. 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. - The proposed development will not be accessed by unpaved County roads. The property will be accessed by Hidden Valley Road (existing paved road) and Catamount Street (proposed paved City road extension). 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. - Acknowledged 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. - The applicable drainage basin for sanitary sewer was recently updated and approved by the City Commission. This update created a new basin and planned for a new lift station (the Valley Center Lift Station) located north of the Subject Property. This new basin can accommodate development on this parcel. Sewer service to the lift station can be achieved via multiple different routes, all of which have been discussed in detail with the City Engineering Department, in coordination with the adjacent development to the east (Eighty-6 Development). Water and access can be provided from the east (Davis Lane). Emergency services can also be provided to the Subject Property via existing and future road connectivity. 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. - Acknowledged 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. - The annexation is accompanied by a map showing the legal description and legal limits of the property. This annexation can be entirely described by reference to a certificate of survey. 12. The mapping may be waived by the Director of Public Works. - Acknowledged 13. The City will assess system development/impact fees in accordance with Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code. - Acknowledged 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. - Applicable public notice will be coordinated with City Planning. 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. - Acknowledged 16. When possible, the use of Part 46 annexations is preferred. - Acknowledged, a Part 46 annexation is being used. 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. - Acknowledged, per the City’s GIS website, there are currently no road improvements districts within the vicinity of the Subject Property. 18. The City will notify the Gallatin County Planning Department and Fire District providing service to the area of applications for annexation. - Acknowledged 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. - The landowner acknowledges that upon development, City utilities will be utilized and connected to within a reasonable time frame. Two septic systems are located on the properties which will be properly abandoned upon development. The following are responses to the requirements stated in the Zone Map Amendment Checklist: a. Is the new zoning designed in accordance with the growth policy? How? - Yes, the new zoning proposed with this development is in accordance with the growth policy. The growth policy and future land use map have designated the Subject Property as Urban Neighborhood. Per the growth policy/community plan, the Urban Neighborhood designation includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. In limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Additionally, higher density residential areas are encouraged to be, but are not required or restricted to, proximity to commercial mixed-use areas to facilitate the provision of services and employment opportunities without requiring the use of a car. The requested R-4 zoning district planned for Tract 2 is adjacent to REMU zoning district, and the R-3 zoning district planned for Tract 1 is adjacent to the more rural area of which remains in the county at this time. Properties in the surrounding area are similarly zoned and the City of Bozeman has multiple areas throughout the City designated as R-3 and R-4. The proposed zoning will provide for a variety of housing types and land uses and follows the goal of an urban-scale development with a diverse mixture of possible uses. The R-4 designation can help to absorb a portion of the growth that is projected for the City while the R-3 zoning is a less dense zoning district that could be supported by the neighbors to the west. The Subject Property’s anticipated development pattern is in accordance with many objectives of community planning. This includes promoting mixed-use developments and higher density areas. Several goals of the City of Bozeman Growth Policy/Community Plan can be facilitated through the annexation, zoning, and development of this property including: N-1.2 Increase required minimum densities in residential districts. • Currently the property is zoned A-S, Agriculture Suburban in the County. While the intent of this goal may be that the City increase densities in the residential districts, the City can also facilitate this goal by increasing residential densities as they annex properties. The Urban Neighborhood future land use designation covers almost all the areas within the planning boundary that would be annexed in the future. Comparable zoning districts within the Urban Neighborhood Designation include R-S, R-1, R-2, R-3. R-4, R-5, R-O, REMU, RMH, B-1, and PLI. These zoning districts allow a range of densities, however since the Subject Property is adjacent to REMU zoning, a mid-range density of R-3 and R-4 would be appropriate for the subject property. N-1.11 Enable a gradual and predictable increase in density in developed areas over time. • The REMU (Eighty-6 Development) to R-4 to R-3 to County is a gradual and predictable transition from the City outward. • By allowing the requested R-3 and R-4 zoning, increased density can be provided along planned minor arterial roads (Catamount Street) and collector roads (Hidden Valley Road). These roads connect to the greater Bozeman area via other minor arterial roads and principal arterial roads. While these roads are not built to current city standards, future development will trigger the requirement for improvements. Given this, and the fact that 19th Street is just over a mile from the Subject Property, density as described in the R-3 and R-4 zones is appropriate. Less dense zoning designations may be more appropriate farther from the greater Bozeman area. N-2.2 Revise the zoning map to support higher intensity residential districts near schools, services, and transportation. • As mentioned above, existing and planned roads that this property would utilize for access are considered minor arterials and collector roads. Meadowlark Elementary School is located approximately 2.0 miles from the Subject Property. Chief Joseph Middle School is located approximately 0.7 miles from the Subject Property and the Gallatin High School is approximately 1.7 from the Subject Property. N-3.5 Strongly discourage private covenants that restrict housing diversity or are contrary to City land development policies or climate action plan goals. • The R-3 zone is a less intense zone than R-4. This zone is planned adjacent to the neighbors on Watts Lane. The R-4 zone encourages a mix of housing types, including single family, but at a higher intensity. Private covenants restricting various housing types are not planned with this future development and rather, a mix of housing types will be proposed. DCD-1.11 Pursue annexations consistent with the future land use map and adopted facility plans for development at urban intensity. • The annexation proposed is consistent with the future land use map designation of Urban Neighborhood. The facility plans also intend for future growth and development in this area, and more specifically to this property. The property is located within the City’s newly updated wastewater basin which discharges to a newly planned Valley Center Lift Station. The Subject Property can discharge sewer to this new future lift station via several route options, being Hidden Valley Road or private easement along the east side of the property. The Subject Property is also within the City’s 2015 water service plan area. This plan indicates that a new 12-inch water main is planned for future growth and development south and east of the Subject Property. It also indicates that a new eight-inch water main is planned east of the Subject Property. DCD-2.1 Coordinate infrastructure development, land use development, and other City actions and priorities through community planning. • Infrastructure development is being facilitated through the City and adjacent landowners. The City recently expanded their sewer facilities and via the new Valley Center Lift Station. This expansion will support future development of the Subject Property. Land use development will be proposed after this annexation and zoning are approved. The development will be compliant with the Bozeman codes and regulations. DCD-2.2 Support higher density development along main corridors and at high visibility street corners to accommodate population growth and support businesses. • The proposed zoning will facilitate higher density development along Hidden Valley Road, a minor arterial/collector road, and future development along Catamount Lane, a minor arterial. This density will support the future business development to the east and northeast. DCD-2.6 Evaluate and pursue joint mitigation of development impacts across multiple developments. • Coordination for future infrastructure, including sewer, water, and roads will occur with the development to the east and northeast. RC-3.3 Prioritize annexations that enable the incremental expansion of the City and its utilities. • The future development of the Subject Property will facilitate incremental expansion of the City and its utilities. The benefit of approving this property for annexation is that infrastructure improvements and utility expansion will happen at the cost of the developer, rather than the City. RC-3.4 Encourage annexation of land adjacent to the City prior to development and encourage annexation of wholly surrounded areas. • This request will annex land adjacent to the City prior to the full development proposal coming forward. b. Will the new zoning secure safety from fire and other dangers? How? - Yes, the Subject Property will be served by the City of Bozeman Fire and Police Departments and designed accordingly. Future development of the property will be required to conform to all City of Bozeman public safety, building, and land use requirements. This includes fire protection as required by the City, setbacks as required by the zoning for fire separation, and building code requirements. c. Will the new zoning promote public health, safety and welfare? How? - Yes, as stated in Section 38.100.040.A, the zoning is intended to protect the public health, safety, and general welfare. The zoning proposed will recognize and balance the various rights and responsibilities relating to land ownership, use, and development identified in the United States and State of Montana constitutions, and statutory and common law; it implements the City's adopted growth policy; and meets the requirements of state law. Environmental Protection: This project will help facilitate City sewer and water main extensions, which ultimately will help connect additional properties to City utility service and eliminate on-site septic systems and drainfields in the area. The zoning regulations will also protect natural resources such as the wetlands on site. Land Use Regulations: The zoning regulations will regulate how the land can be used, ensuring that incompatible land uses are separated. For example, in this instance, the proposed zoning will allow comparable uses to adjacent planned and existing uses. Traffic Management: The zoning and annexation process will require dedication of road easements, promoting safer traffic flow and reducing congestion. The development process will require a traffic study which will spur any required traffic improvements. Building Standards: The zoning regulations include building standards such as setback requirements, height restrictions, and parking regulations. These standards will help ensure that buildings are constructed safely and in a way that contributes positively to the overall streetscape and urban environment. Social Equity: The proposed R-4 zoning can be used to promote social equity by encouraging a mixed-income neighborhood and attainable housing developments. By providing a range of housing options, the zoning can help prevent segregation and promote diverse, inclusive communities. d. Will the new zoning facilitate the adequate provisions of transportation, water, sewage, schools, parks and other public requirements? How? - Yes, the development will allow the consideration of existing conditions and identification of enhancements warranted to provide additional services needed by the new development. Section 38.350.030.D requires that whenever any property is annexed that prior to the issuance of any building permits, municipal water distribution, municipal sanitary sewer collection and streets must be provided to the site. Each building site must utilize and be connected to both the municipal water distribution and municipal sanitary sewer collection systems. Installation of improvements is subject to Division 38.270 of the Municipal Code. Park area requirements will be reviewed per Section 38.420 and there are schools within the area to accommodate educational needs. e. Will the new zoning provide reasonable provision of adequate light and air? How? - Yes, City regulations include requirements for lighting in Section 38.570.060. Adequate provisions of air are considered when setback, on-site open space, and building design standards are taken into consideration. f. Will the new zoning have an effect on motorized and non-motorized transportation systems? How? - The development will include provisions for non-motorized transportation routes throughout the Subject Property including pedestrian trails. The new development will add traffic to the existing traffic system and these effects will be evaluated with the future development. Per the City of Bozeman Community Plan/Growth Policy, there is not a requirement for a development to be less impactful than the existing conditions, whether it be text or map amendment that is the focus. The City relies upon its long-range transportation plan to evaluate transportation needs over the long term for motorized vehicles as well as bikes and pedestrians. The park and trail plan also considers options for extending the trail network. Additionally, new development contributes to the creation of additional capacity through dedication of right-of-way, construction or reconstruction of streets, payment of impact fees, and other contributions as may be applicable to a specific project. These requirements may mitigate the impacts of additional development. Development that is more intense requires greater transportation capacity. Therefore, it is good, but not required, to have more intensive districts near arterial and collector roads, just as we have planned. g. Does the new zoning promote compatible urban growth? How? - This development is consistent with City master planning and provides options for high-density residential housing within the R-4 zoning district. The proposed R-3 zoning also provides a transitional zone between the existing REMU designation of the Eighty-6 Development to the east, the existing low-density residential County uses to the west, and the existing trailer court to the north. Similar uses are allowed in the planned zoning districts as to the adjacent zoning districts. Existing zoning regulations, building, and site design standards will lessen impacts to adjacent lands/persons. h. Does the new zoning promote the character of the district? How? - Yes, the character of the district will be maintained with this development. It will integrate with many of the developing areas around the subject property including the existing County property and the newly annexed City land that is adjacent. Additionally, the residential character of the area will be maintained as the predominate use within the R-3 and R-4 zone is residential. i. Does the new zoning address the affected area’s peculiar suitability for particular uses? How? - The proposed land uses with this development match the suitability of the affected area. The property is suitable for residential development associated with this zoning designation. There are no significant constraints related to floodplains, human-wildlife conflict, or steep slopes. Prior to issuance of any permits, the property will undergo a wetlands determination and pursue mitigation if necessary. j. Was the new zoning adopted with a view of conserving the values of buildings? How? - The existing homes on-site are not considered to be historic or of historic value. There is no defined development plans to impact these buildings currently. It is not anticipated that the values of surrounding buildings will be lessened since the predominant land use within the proposed zoning districts is residential. k. How does the new zoning encourage the most appropriate use of land throughout the jurisdictional area? How? - The Bozeman Community Plan shows appropriate uses for this area. Zoning this property as R-3 and R-4 is appropriate when considering existing and planned densities. Overall, the development will create living opportunities for the community and for professionals working in this area of the City. The future development of the property to the east will be supported by the residential development planned for the Subject Property and essentially reinforce the uses of the land.