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August 5, 2024
1519 Alder Court Ln Annexation & Zone Map Amendment Project Narrative:
The property owners of the existing parcel of land located at 1519 Alder Court Ln intend to annex their 0.3-
acre lot into the City of Bozeman and simultaneously amend the zoning map as required by the application
process. The existing Gallatin County/ Bozeman Area Zoning is Residential Suburban (R-S). The proposed
City of Bozeman Zoning is Residential High Density District (R-4) that will coincide with the surrounding
zoned property to the north and west. The owners are proposing to demolish the existing single-family
house and construct a multi-family condominium similar to the surrounding project.
Included in the Annexation Checklist (ANNX) and Zone Map Amendment (ZMA) are application requirements
for a project narrative. Please find below a list of detailed responses in bold to the specific questions
enquired in each application:
Annexation Checklist (ANNX):
Section One: Goals
1. The City of Bozeman encourages annexations of land contiguous to the City.
The subject parcel is directly adjacent to City land to the north and west
2. The City encourages all areas that are totally surrounded by the City to annex.
The subject parcel is partially surrounded by the City.
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.
The subject parcel is believed to be on an individual onsite wastewater treatment system and
well. Once annexed, the project is proposed to connect to City 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.
The best of our knowledge there are no planned service areas of municipal water and sewer
systems through this area but once annexed, the project is proposed to extend water and sewer
systems to the boundary of the annexed land.
5. The City encourages annexations within the urban area identified on the future land use map in the
current Bozeman Growth Policy.
The subject parcel in identified on the future land use map as “Urban Neighborhood.” This
designation fits well with the proposed scope of use.
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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.
The proposed annexation boundaries would not create any unnecessary gaps or islands between
annexed and 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.
The subject parcel is located off of Alder Court Ln which is a dead-end road. The existing
circulation system internal to the project could potentially enhance traffic with the surrounding
parcels.
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 subject parcel is less than 5 acres in size. However, there is no septic permit or well log onsite
and the integrity of these systems is unknown at this time. Additionally, this annexation and main
extension could be beneficial to the neighborhood allowing connection to City services in the
future.
9. The City seeks to obtain water rights adequate for future development of the property with
annexation.
Acknowledged. The proposed project would obtain, if necessary, any water rights required for the
annexation.
10. The City of Bozeman encourages annexations for City provision of clean treated water and sanitary
sewer.
The proposed project proposes to connect to City water and sewer, ultimately benefiting the
natural surrounding environment.
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.
Acknowledged. Alder Court Ln provides frontage to the subject parcel and is a 60’ dedicated right-
of-way and will include a waiver of right to protest.
2. Issues pertaining to master planning and zoning must be addressed prior to or in conjunction with
the application for annexation.
Acknowledged. Any issues pertaining to master planning and zoning will be addressed with the
City Planning Division upon request.
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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 Bozeman Community Plan contains seven Themes that describe the City’s growth policy.
Please find below a list of the seven Themes and a summary of each one on how this project
conforms to the future growth of Bozeman:
Theme 1: A Resilient City – This theme is all about being resourceful and robust as a community
and development. This project positively adapts to the changing conditions of the City and this
area. By providing a similar use to the adjacent City Limit development and more affordable
housing, this project addresses the short-term and long-term stressors of the needs in our
community.
Theme 2: A City of Unique Neighborhoods – This theme describes the need for “complete
communities,” which offer a mix of housing, services and opportunities. This project most
certainly addresses this theme as it provides a good mix of high-density residential buildings with
some lower density areas and MSU campus is nearby as well as some shops and services.
Theme 3: A City Bolstered by Downtown and Complementary Districts – This theme prioritizes
infill development which is exactly what this project achieves. It improves the area’s connectivity
and overall health of the community.
Theme 4: A City Influenced by our Natural Environment, Parks, and Open Lands – This theme talks
about protecting our regional ecosystem and health of our water systems and air systems and
prioritizes parks, trails, and opens spaces. This project will abandon the existing onsite wastewater treatment system and onsite well to connect the City’s services. In doing so, the
annexation project will further protect our water systems, groundwater, and regional ecosystem
by connecting to the water and sewer services the City provides.
Theme 5: A City that Prioritizes Accessibility and Mobility Choices – This theme is all about
housing and transportation that affects livability, affordability, and sustainability. This project
most certainly will update the existing transportation and housing options in this area by
providing adequate sidewalks, streets, and additional housing.
Theme 6: A City Powered by Its Creative, Innovative, and Entrepreneurial Economy – This theme is
about the City’s diverse mix of businesses, University opportunities, and continued economic
growth. This projects close proximity to the MSU campus will provide housing for students that
we invest job training and education vital for the support continued economic growth.
Theme 7: A City Engaged in Regional Coordination – This theme describes the need for
communication between regions in order to maintain coherent land use patterns. This project
builds off of the adjacent development and provides a better transition between the City and
County Limits.
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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.
5. The applicant must indicate their preferred zoning classification as part of the annexation petition.
The preferred zoning classification of the subject parcel is Residential High Density District (R-4)
which coincides with the surrounding City zoning.
6. Fees for annexation processing will be established by the City Commission.
Acknowledged.
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.
There are no unpaved county roads used to gain access to the subject property.
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 subject parcel is directly adjacent to City Limits which contain all of the mentioned adequate
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.
The subject parcel is not connected to City water or sewer services and is proposing to extend such
services to the boundary of the proposed annexation.
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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 subject parcel is within the Beatty’s Alder Court Subdivision and more specifically described as
Lot 25, of Beatty’s Alder Court Sub, S13, T2S, R5E, P.M.M., Gallatin County MT. An exhibit showing
the proposed annexation boundaries will be included with this submittal.
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.
A Noticing Checklist (N1) and required adjoining property owners list is included with this
submittal.
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. To the best of our knowledge an annexation by petition under Part 46, MCA is not anticipated at
this time.
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.
18. The City will notify the Gallatin County Planning Department and Fire District providing service to the
area of applications for annexation.
Acknowledged.
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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.
Acknowledged. The project is proposing to extend water and sanitary sewer mains to the
boundaries of the annexation.
Zone Map Amendment Checklist (ZMA):
5. Project narrative including a detailed response to the following:
a. Is the new zoning designed in accordance with the growth policy? How?
Yes. Please see the growth policy response to item number 3 in Section Two: Policies of
the Annexation Checklist above.
b. Will the new zoning secure safety from fire and other dangers? How?
Yes. There is an existing COB fire hydrant on Alder Court Ln directly in front of the subject
parcel (approximately 50’). If necessary, the project will provide a fire line depending on
the final scope of use for the project.
c. Will the new zoning promote public health, safety and welfare? How?
Yes. By abandoning the existing onsite wastewater system, the surrounding area will benefit from reduced amount of nutrients going into the ground and the water connection
will promote public health within the project. Additionally, the project will extend an
important sanitary sewer main to the southern boundary of the annexation allowing for
future connections south of the parcel.
d. Will the new zoning facilitate the adequate provisions of transportation, water, sewage,
schools, parks and other public requirements? How?
Yes. Necessary updates to the existing Alder Court Ln, including sidewalk and curb &
gutter will provide better transportation. Water and sanitary sewer will be provided
through main extensions. There are public schools and the University in close proximately
and multiple parks nearby.
e. Will the new zoning provide reasonable provision of adequate light and air? How?
Yes. The proposed project will adhere to any environmental architecture design qualities
to further protect natural light and air quality.
f. Will the new zoning have an effect on motorize and non-motorized transportation systems?
How?
Yes. The necessary updates talked about in item d. above will provide better
transportation for public requirements.
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g. Does the new zoning promote compatible urban growth? How?
Yes. The surrounding City zoning will be compatible as the proposed R-4 zoning matches
the parcel to the north and west of the project. The proposed zoning also promotes urban
growth for lands to the south.
h. Does the new zoning promote the character of the district? How?
Yes. The recently constructed Lincoln Apartments directly north and west of the subject
parcel will be compatible with the proposed use. The existing single-family house is
surrounded by the new apartments and the owners would like to add to this type of
housing.
i. Does the new zoning address the affected area’s peculiar suitability for particular uses?
How?
Yes. As previously stated above, the proposed zoning and use will be compatible with the
existing particular uses surrounding the project.
j. Was the new zoning adopted with a view of conserving the values of buildings? How?
No. The existing single-family house is proposed to be demolished. However, the updated
use of the multi-family housing will conserve value to the surrounding area by adding high
value buildings and infill interest.
k. How does the new zoning encourage the most appropriate use of land throughout the
jurisdictional area? How?
The new zoning encourages the most appropriate use of land throughout the jurisdictional
area by providing a compatible scope of use to the surrounding multi-family apartments
and increased density in the proximity of the MSU campus.
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