Loading...
HomeMy WebLinkAboutStanley Annexation NarrativeStanley Annexation Narrative Current County Zoning: RS Proposed City Zoning: R-1 We are proposing an annexation of the current county portion of ALDWORTHS REARR, S18, T02 S, R06 E, ACRES 0.944, LOT C. This annexation would combine with the current lot addressed 1727 Kenyon Drive, Bozeman, Montana to create one contiguous city lot. We propose that the annexed lot will be zoned R-1 to match the current city portion of the lot and the lots around it. The proposed use for the annexed lot, in a future phase, would be a second residence on the lot creating multiple residences on one lot. The lot frontage, right-of-way and city utilities on Kenyon Drive will not be affected with this annexation. In a future phase, we will be seeking to utilize city sewer and water for a new residence. The surrounding land use is single-household residential with some nearby city-owned parkland and city-owned undeveloped land. Recorded lot area: Existing city-portion of 1727 Kenyon Drive: 0.994 Acres ~ 43,298.64 Square Feet Portion of Lot Proposed to Be Annexed: 0.907 Acres ~ 39,508.92 Square Feet Total Proposed Lot: 1.901 Acres ~ 82,807.56 Square Feet a. Is the new zoning designed in accordance with the growth policy? How? The new zoning is designed in accordance with the Bozeman 2020 Community Plan. The project is within the Growth Policy Boundary.1 The annexation follows the goals listed within the Bozeman 2020 Community Plan: • “Annexation is almost entirely initiated by the landowner. The City has limited ability to start an annexation process. Annexation is often motivated by a desire to develop property or to address a failed onsite septic system. At the time of annexation, land owners commit to provide or do provide easements for major roadways, and to follow 1 (Andrus, Cunningham and Madgic 7) the City’s land development standards requiring the landowner to provide needed infrastructure for development of the land.”2 • “Pursue annexations consistent with the future land use map and adopted facility plans for development at urban intensity.”3 • “Prioritize annexations that enable the incremental expansion of the City and its utilities.”4 • “Bozeman has expanded in population and land area from in-migration, change in the demographic makeup of the community, new births, and annexation of new areas to serve new or existing residents. Community change is dynamic and afected by many forces. It is also inevitable. Even if population stayed the same, there are forces that make outward and inward changes in a community.”5 • “The City of Bozeman and Gallatin County have worked together to encourage annexation and development within the City limits.”6 • “Encourage annexation of land adjacent to the City prior to development…”7 The proposed zoning complies with the Bozeman Code of Ordinances referenced in the Bozeman 2020 Community Plan. The proposed zoning is R-1, Residential Low Density District8. “The intent and purpose of the residential zoning districts is to establish areas within the city that are primarily residential in character and to set forth certain minimum standards for development within those areas. The residential districts also allow complementary non-residential uses.”9 A future phase proposed a single-family residence that is primarily residential in character and will follow the minimum standards for development within the area. “The intent of the R-1 residential low density district is to provide for primarily single- household residential development and related uses within the city at urban densities. These purposes are accomplished by: 1. Providing for a minimum lot size in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and housing types in newly developed areas. 2. Providing for such community facilities and services as will serve the area's residents while respecting the residential character and quality of the area.”10 2 (Andrus, Cunningham and Madgic 14) 3 (Andrus, Cunningham and Madgic 33) 4 (Andrus, Cunningham and Madgic 49) 5 (Andrus, Cunningham and Madgic 9) 6 (Andrus, Cunningham and Madgic 13) 7 (Andrus, Cunningham and Madgic 49) 8 (Andrus, Cunnningham and Pomeroy 38.300.020) 9 (Andrus, Cunnningham and Pomeroy 38.300.100) 10 (Andrus, Cunnningham and Pomeroy 38.300.100) A future phase proposed a single-family residence that is primarily residential in character and will follow the minimum standards for development within the area. The Bozeman 2020 Community Plan classifies the lot within an urban neighborhood. “This category primarily 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 foodplains or steep slopes. Complementary uses such as parks, home-based occupations, fre stations, churches, schools, and some neighborhood- serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. Applying a zoning district to specifc parcels sets the required and allowed density. 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.”11 The lot in discussion is proposed to be zoned for residential and is proposed to be annexed within the municipal boundaries. b. Will the new zoning secure safety from fire and other dangers? How? The new zoning will secure safety from fire and other dangers. The annexation of the portion of the lot does not increase fire risk. The lot currently has fire access off Kenyon Drive. The City of Bozeman has adopted the 2021 International Fire Code.12 A future phase of a single family-residence will comply with requirements per the 2021 International Fire Code. c. Will the new zoning promote public health, safety and welfare? How? The new zoning will promote public health safety and welfare. The project will use all adopted international building codes. The main intent of these codes as stated in the 2021 International Building Code is as follows: “This code is intended to establish provisions that adequately protect public health, safety, and welfare…”13 d. Will the new zoning facilitate the adequate provisions of transportation, water, sewage, schools, parks and other public requirements? How? The new zoning will facilitate the adequate provisions of transportation, water, sewage, schools, parks and other requirements. We are corresponding with the Montana Department of Environmental Quality about the water and sewer concerns produced by City of Bozeman 11 (Andrus, Cunningham and Madgic 52) 12 (Adopted Codes) 13 (International Code Council Preface) representatives. Please let us know what the City of Bozeman wants to receive from the Montana Department of Environmental Quality. Drainage will be addressed to accommodate new hardscapes, buildings, and topography changes. As a small lot in an established R-1 neighborhood, transportation, schools, parks and other public requirements are not impacted by the proposed annexation. e. Will the new zoning provide reasonable provision of adequate light and air? How? The new zoning will provide reasonable provisions of adequate light and air. The portion of the lot to be annexed is currently undeveloped. The proposed zoning is R-1. This zoning promotes adequate provisions of light and air by being low-density. The proposed portion of the lot to be annexed is 39,508.92 square feet leaving plenty of space for a future residence, light, and air and not impacting the light and air of the existing surrounding single family residences. f. Will the new zoning have an effect on motorize and non-motorized transportation systems? How? The new zoning will have a negligible effect on motorized and non-motorized transportation systems. The portion of the lot proposed to be annexed is privately owned conjoining with the portion of the lot that is currently part of the City of Bozeman. No public transportation systems are or will be on the portion of the lot proposed to be annexed. The proposed portion of the lot to be annexed does not contain, nor is it adjacent to, motorized and non-motorized transportation. In a future phase of this project, we are proposing a drive coming off the end of Oconnell Drive. Representatives of the City of Bozeman have said there are no plans to connect the two segments of Oconnell Drive. We will be seeking a public access easement as recommended by Mikaela Schultz. g. Does the new zoning promote compatible urban growth? How? The new zoning promotes compatible urban growth. The surrounding city lots are R-1, Residential Low Density District.14 “The intent of the R-1 residential low density district is to provide for primarily single- household residential development and related uses within the city at urban densities. These purposes are accomplished by: 1. Providing for a minimum lot size in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and housing types in newly developed areas. 14 (Andrus, Cunnningham and Pomeroy 38.300.020) 2. Providing for such community facilities and services as will serve the area's residents while respecting the residential character and quality of the area.”15 The minimum lot size for a single-family residence in R-1 zoning is 4,000 square feet16. The portion of the lot proposed to be annexed is 39,508.92 square feet. Combined, the lot will be 82,807.56 square feet. In a future phase of the lot, a single-family residence will be proposed. It will respect the residential character and quality of the air by locating the residence with several times more space between residences than that of the residences off Kenyon Drive. The surrounding county lots are R-S, Residential Suburban.17 “The intent of the R-S District is to provide for residential single-household country estates in areas that are in compliance with the Gallatin County/Bozeman Area Plan.”18 The intent of the surrounding county-zoned lots is compatible with the intent of the R-1 zoning. h. Does the new zoning promote the character of the district? How? The new zoning of the proposed portion of the lot promotes the character of its surroundings. The surrounding properties are single family residences. In a future phase of this lot, a single-family residence will be proposed. The project will follow the City of Bozeman’s form and intensity standards for R-1 zoning. The form and intensity standards are the same as the surrounding city lots. The developed county lot adjoining the portion of the lot proposed to be annexed contains a single-family residence. i. Does the new zoning address the affected area’s peculiar suitability for particular uses? How? The new zoning addresses the affected area’s particular suitability for particular uses. The lot will comply with the authorized uses for the zoning. The surrounding area is predominantly single-family residential. In a future phase of this lot, a single-family residence will be proposed. The zoning is R-1, Residential Low Density District.19 The intent of a future phase with a single- family residence is to expand upon the low-density residences in this area. j. Was the new zoning adopted with a view of conserving the values of buildings? How? The new zoning was adopted with a view of conserving the values of buildings. The portion of the lot proposed to be annexed is R-S, Residential Suburban.20 There is not an extreme change from the county’s R-S zoning to the proposed city zoning. The city zoning is generally stricter on permitted uses, reducing a chance of future development on the lot negatively affecting the values of the surrounding buildings. 15 (Andrus, Cunnningham and Pomeroy 38.300.100) 16 (Andrus, Cunnningham and Pomeroy 38.320.030.A) 17 (Gallatin County/Bozeman Area Zoning Regulation 7-1) 18 (Gallatin County/Bozeman Area Zoning Regulation 7-1) 19 (Andrus, Cunnningham and Pomeroy 38.300.020) 20 (Gallatin County/Bozeman Area Zoning Regulation 7-1) 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. The new zoning would be R-1, Residential Low Density District.21 The surrounding area is predominantly also low-density residential. Other nearby lots are undeveloped or park land. Low-density residential helps soften the transition out of undeveloped and parkland into a more urban environment. SECTION ONE: GOALS 1. The City of Bozeman encourages annexations of land contiguous to the City. The proposed portion of the lot to be annexed is contiguous with land within the city limits of Bozeman. The majority of the perimeter is contiguous with land within Bozeman city limits. The larger portion of the lot is already within city limits. 2. The City encourages all areas that are totally surrounded by the City to annex. The proposed portion of the lot to be annexed is not surrounded with land within the city limits of Bozeman. The majority of the perimeter is contiguous with land within Bozeman city limits. The larger portion of the lot is already within city limits. 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 proposed portion of the lot to be annexed is not currently contracting with the City of Bozeman for water, sanitary sewer, or fire protection. In a future phase after annexation, the portion of the lot will proposed to use city utilities for a single-family residence. 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 land proposed for development is lying within the existing planned service area of the municipal water and sewer systems. We are pursuing annexation for proposal 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. 21 (Andrus, Cunnningham and Pomeroy 38.300.020) The project is within the Growth Policy Boundary.22 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 annexation of this portion of this lot would be a step toward filling in a hole within the City of Bozeman’s boundary. The city boundaries in this area are currently irregular. There is a city-owned lot to the north that could be annexed as well to help with the irregularity. 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. This portion of the lot proposed to be annexed does not enhance nor mar the traffic circulations systems. It does not have any current circulation systems on or abutting the proposed portion of the lot as it is undeveloped. In a future phase, the project will propose a drive off Oconnell Drive. The project will seek to adjust and enhance the existing trail entry. 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 lot is .907 acres. It is adjacent to a city lot and within the urban area identified in the future land use map. It is a residential area, and the surrounding county lots are owned by others. In a future phase, the portion of the lot proposed to be annexed will seek to use city utilities with the development of a single-family residence. 9. The City seeks to obtain water rights adequate for future development of the property with annexation. Securing water rights for future development makes sense. 10. The City of Bozeman encourages annexations for City provision of clean treated water and sanitary sewer. In a future phase after annexation, the portion of the lot will proposed to use city water and sewer for a single-family residence. 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 22 (Andrus, Cunningham and Madgic 7) 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 portion of the lot proposed to be annexed will include any applicable 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. This proposed annexation will 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. We are corresponding with the Montana Department of Environmental Quality about the water and sewer concerns produced by City of Bozeman representatives. Please let us know what the City of Bozeman wants to receive from the Montana Department of Environmental Quality. 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 application for annexation is in conformance with the current Bozeman 2020 Community Plan. A growth policy amendment is not necessary to accommodate anticipated uses. 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. The proposed zoning is R-1, Residential Low-Density District. The proposed zoning complies with the Bozeman Code of Ordinances referenced in the Bozeman 2020 Community Plan. “The intent and purpose of the residential zoning districts is to establish areas within the city that are primarily residential in character and to set forth certain minimum standards for development within those areas. The residential districts also allow complementary non- residential uses.”23 A future phase proposed a single-family residence that is primarily residential in character and will follow the minimum standards for development within the area. 5. The applicant must indicate their preferred zoning classification as part of the annexation petition. The proposed zoning is R-1, Residential Low-Density District. 23 (Andrus, Cunnningham and Pomeroy 38.300.100) 6. Fees for annexation processing will be established by the City Commission. We recognize that the City Commission will establish the fees for annexation processing and will proceed accordingly. 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. We acknowledge the City’s policy regarding annexations and note that the surrounding roads are currently paved, which aligns with the requirement for access to the 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. We recognize that prior to annexation, the property owner will need to acquire the necessary water rights or pay the appropriate fee, in accordance with the City’s municipal code. 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. We acknowledge that infrastructure and emergency services will be reviewed to ensure public health, safety, and welfare, and that the City may require a plan for accommodations if necessary services cannot be provided. We also recognize that sanitary sewer service will be provided in accordance with the City’s Wastewater Collection Facilities Plan. 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. We acknowledge that the City may require annexation for properties receiving or requesting city services, and that consent to annexation is required for continued water or sewer service outside of the City limits. We also recognize the provisions for emergency connections and the requirement for annexation or disconnection of services as outlined. 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. We acknowledge that the annexation application will need to include mapping that meets the requirements of the Director of Public Works, and that reference to an existing certificate of survey or subdivision plat may suffice for describing the area to be annexed. 12. The mapping may be waived by the Director of Public Works. We recognize that the Director of Public Works has the discretion to waive the mapping requirement for the annexation application. 13. The City will assess system development/impact fees in accordance with Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code. We acknowledge that the City will assess system development/impact fees in line with Montana law and the Bozeman Municipal Code, Chapter 2, Article 6, Division 9. 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. We recognize that public notice for annexation must be coordinated with the required notice for the zone map amendment, and that the zone map amendment notice will include the materials specified in 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. We acknowledge that annexation agreements must be executed and returned to the City within 60 days of distribution, unless a different timeframe is specified by the City Commission. 16. When possible, the use of Part 46 annexations is preferred. We acknowledge that the use of Part 46 annexations is preferred when possible. 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. We recognize that the creation of a road improvement district will not be repealed by annexation, and the City will not assume operations of the district until it has been fully annexed. Additionally, funds held in trust for the district will be used for its benefit after transfer to the City, and inclusion in the district does not exempt the property from participating in general city programs addressing the same issues. 18. The City will notify the Gallatin County Planning Department and Fire District providing service to the area of applications for annexation. We acknowledge that the City will notify the Gallatin County Planning Department and the Fire District providing service to the area regarding 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. We acknowledge that the City will require connection to all City services upon development of annexed properties, including the abandonment of septic systems and connection to the City’s sanitary sewer system. We also recognize that water wells may be used for irrigation, but potable water must come from the City water system, and verification of disconnects must be done through the City Water and Sewer Superintendent. References Adopted Codes. n.d. Web. 3 March 2025. <https://www.bozeman.net/departments/community- development/building/adopted-codes>. Andrus, Cindy, et al. "Community Plan." 17 November 2020. Bozeman MT. Web. 3 March 2025. <https://www.bozeman.net/home/showpublisheddocument/1074/638212934420400000>. Andrus, Cynthia, et al. Code of Ordinances. 19 December 2024. City of Bozeman. Web. 3 March 2025. <https://library.municode.com/mt/bozeman/codes/code_of_ordinances?nodeId=BOZEM AN_MUNICIPAL_CODE>. Gallatin County/Bozeman Area Zoning Regulation. May 2024. Web. 6 March 2025. <https://www.gallatinmt.gov/sites/g/files/vyhlif606/f/pages/do_05_24_0.pdf>. International Code Council. 2021 International Building Code. 2025. International Code Council, Inc. Web. 3 March 2025. <https://codes.iccsafe.org/content/IBC2021P2>. —. 2021 International Fire Code. 2025. International Code Council, Inc. Web. 3 March 2025. <https://codes.iccsafe.org/content/IFC2021P2>. —. 2021 International Residential Code. 2025. International Code Council, Inc. Web. 3 March 2025. <https://codes.iccsafe.org/content/IRC2021P3>.