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HomeMy WebLinkAbout04- 133 Maus Lane- Annexation and Zoning Morrison Mailerle 2880 TECHNOLOGY BLVD.W. • BOZEMAN,MT 59718 engineers• surveyors planners scientists 406.587.0721 • www.m-m.net 133 Maus Lane Annexation and Zoning Tract 20 of Gordon Mandeville State School Section Subdivision 1 PROJECT NARRATIVE The owner of Tract 20 of Gordon Mandeville State School Section Subdivision is pursuing annexation into the City of Bozeman with M-1 zoning. The annexation will include approximately 0.89 acres of Maus Lane right-of-way adjacent to the southern boundary of the property. The property is fully surrounded by City of Bozeman land (zoned M-1 and M-2) and is immediately adjacent to existing City sewer mains and within 100 feet of City water mains. The 4.24 acre property has a current County zoning designation of M-1 (Gallatin County/ Bozeman Area Zoning District) and is currently designated as Industrial on Future Land Use Map in the Bozeman Community Plan. No development is proposed concurrently with this application. The existing on-site septic system on the property has failed and annexation is required before the property can connect to the City systems. 2 ANNEXATION POLICIES 1.Annexations must include dedication of all rights of way for collector and arterial streets, public water, sanitary sewer, or storm or sewer mains. When required, rights of way for anchor routes as recognized in the City's adopted parks and trails plans, must be provided when such anchor routes are not located within the right of way for arterial or collector streets. The applicant understands the requirements for annexation. The applicant is willing to dedicate necessary easements and rights-of-way. The applicant is willing to sign waivers of right to protest the creation of Special Improvement Districts (SID's). 2.Annexations may be required to include dedication of rights of way for adjacent or internal local streets to complete street connectivity and provide required legal and physical access. The annexation of this property includes a portion of Maus Lane fronting the property, resulting in a complete loop of City right-of-way through the area (Maus Lane and Lea Avenue). 3.Annexations must include written waivers of a property owner's right to protest the creation of special improvement districts necessary to provide essential services. The waivers must run with the land, be binding on the owner and owner's successors in interest and be recorded concurrently with the annexation agreement. Acknowledged. The owner is willing to sign waivers of right to protest the creation of SID's. Morrison 133 Maus Lane IIIIIII� Maierle Annexation and Zoning Applicationl1 engln eiz 5urveyoic pla iineic zcienists 4. The petition for annexation must be in conformance with the current Bozeman land use plan (growth policy). If a land use plan (growth policy) amendment is necessary for anticipated land uses, the land use plan amendment process must be completed prior to any action for approval of a petition for annexation. The requested M-1 zoning is authorized for application within the Industrial Future Land Use category. No amendment to the growth policy map is required for this request. 5. The City prefers petitions for annexation of land larger than five acres. However, the City will consider annexation of smaller areas of land when one or more of the following are present: topographic limitations; the land is served by one or more City utilities; septic system failure; extension and integration of transportation infrastructure; enhancement of the existing traffic circulation system or to provide for transportation systems that do not currently exist; annexation will make the City boundaries more regular; annexation will better incorporate unannexed property for the provision of City fire, police, and emergency services; or when annexation provides improved access to and maintenance of public facilities. Tract 20 is 4.24 acres. With the adjacent right-of-way, the total area included in this petition for annexation is 5.13 acres. The property is completely surrounded by previously annexed land and the existing septic system has failed. 6. The City will review infrastructure and emergency services available to an area proposed for annexation for the health, safety and welfare of the public and conformance with the City's adopted plans. If the City determines adequate services cannot be provided to ensure public health, safety and welfare, the City may deny the petition for annexation. Alternatively, the City may require all property owners within the land to be annexed provide a written plan for accommodation of services at the expense of the property owner(s). The land to be annexed may only be provided sanitary sewer service via the applicable drainage basin defined in the City Wastewater Collection Facilities Plan. Acknowledged. The property is surrounded by City land and existing City utilities, including water and sanitary sewer, situated in the middle of the East Gallatin River drainage basin. The property is within the boundaries of the City of Bozeman Fire District. See Exhibit A: Conceptual Utility Exhibit for depiction of the existing utilities in the area and a conceptual water main extension required to serve the property. 7. 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 record a consent to annexation of the property serviced by the City. Acknowledged. The property and adjacent right-of-way proposed to be annexed are entirely surrounded by property within the City limits. Annexation of this land does not exclude any contiguous property. 8. The City Manager may enter into an agreement with a property owner for an emergency connection to the City's sanitary sewer or water system. In doing so, the property owner must submit a petition for annexation and file a notice of consent to annex with the Gallatin County Clerk and Recorder's Office prior to connection to City utilities. The City will prepare the notice of consent to annex. The agreement for connection to City sewer or water must Morrison 133 Maus Lane so Maierle Annexation and Zoning Applicationl2 engln eiz 5urveyoic pla iineic zcienists require the property owner to complete annexation 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. The failure of the existing septic system is a leading driver for this annexation petition. No development is currently planned for this project, but it is understood that connection to the City water and sanitary sewer system will be required. It is the owners intent to achieve annexation prior to requesting any connections to the City systems. 9. The use of Part 46 annexations is preferred. A part 46 annexation is not applicable. 10. Where a road improvement district has been created, annexation does not repeal the creation of the district. The City will not assume operations of a road improvement 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 absolve a landowner of the obligation to participate in general City programs that address the same subject. Acknowledged. There is no existing road improvement district associated with Maus Lane or the property. 11. The City requires connection to and use of City utilities and services upon development of annexed properties. The City may establish a fixed time frame for connection to municipal services. Upon development, unless otherwise approved by the City, septic systems must be properly abandoned, and the development must be 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 must be disconnected from any structure. Potable water must be supplied from the City water distribution system. The property owner must contact the City Water and Sewer Division to verify disconnection of wells and septic systems. Acknowledged. The failure of the existing septic system is a leading driver for this annexation petition. No development is currently planned for this project, but it is understood that connection to the City water and sanitary sewer system will be required. 12. All annexations must be contiguous with or wholly surrounded by the existing City boundary. The City Commission may agree to annex property that is not contiguous or wholly surrounded. If the land to be annexed is not contiguous to or wholly surrounded by the City, the reasoning and justification for annexation must be explicitly addressed within the petition and approved by the Commission prior to adoption of a Resolution of Annexation. The property is contiguous to the City of Bozeman, surrounded by previously annexed City land on all sides. Morrison 133 Maus Lane Maierle Annexation and Zoning ApplicationJ3 engln eiz 5urveyoic pla iineic zcienists 3 ZONING NARRATIVE a. Is the new zoning designed in accordance with the growth policy? How? Yes. The requested M-1 zoning classification is allowed in the Industrial Future Land Use category for this site. Properties in the immediate area are similarly zoned M-1 and M-2. The property is wholly surrounded by City land; annexation will allow improvements to the City infrastructure to complete the water, storm drain and road infrastructure in the area. This M-1 zoning classification will allow for development opportunities of the site that have the potential to provide economic benefit to the community. This proposed zoning is in accordance with several goals and objectives of the Community Plan including: R-2.3 Make good financial investments that have the potential for economic benefit to the investor and the broader community both through direct and indirect returns. R-2.8 Harmonize with Existing Activity: Expand, enhance, or leverage work being done to build on existing efforts. DCD-1.5 Identify underutilized sites, vacant, and undeveloped sites for possible development or redevelopment, including evaluating possible development incentives. DCD-1.11 Pursue annexations consistent with the future land use map and adopted facility plans for development at urban intensity. RC-3.4 Encourage annexation of land adjacent to the City prior to development and encourage annexation of wholly surrounded areas. b. Will the new zoning secure safety from fire and other dangers? How? Yes. The property is currently located within the jurisdiction of the City of Bozeman Fire and Police Departments, and the service area of the American Medical Response vehicles. Future site development will conform to the City of Bozeman public safety, building, watercourse setbacks, and land use requirements in compliance with UDC and building codes. c. Will the new zoning promote public health, safety and welfare? How? Yes. The immediate goal of this project is to be able to connect the City's sewer and water systems, eliminating potential pollution from on-site septic systems. All future development on the property will comply with the City Unified Development Code, administration of which is employed by the City to ensure the promotion of public health, safety, and general welfare. The requested M-1 zoning matches the existing and future designated land use of the area. d. Will the new zoning facilitate the adequate provisions of transportation, water, sewage, schools, parks and other public requirements? How? Yes. The City's adopted plans for municipal transportation, water, sewer, parks, and other facilities and services ensure this site will have services necessary for new development. Future submittals will be reviewed to ensure compliance with the City code Morrison 133 Maus Lane Maierle Annexation and Zoning ApplicationJ4 engln eiz 5urveyoic pla iineic zcienists to ensure adequate provisions of transportation, water, sewage, and other public requirements. e. Will the new zoning provide reasonable provision of adequate light and air? How? Yes. The City of Bozeman UDC includes standards which address setbacks, park dedication, on-site open space, and building design standards to address this requirement. f. Will the new zoning have an effect on motorized and non-motorized transportation systems? How? Neutral. The proposed zoning is consistent with the existing County zoning and historical uses for this industrial area. The transportation network is fully built out in the vicinity of the property. Annexation of the property and adjacent Maus Lane right-of-way will provide a complete loop of City right-of-way in the area. Any future site development on the property will be required to improve Maus Lane to meet City standards. g. Does the new zoning promote compatible urban growth? How? Yes. M-1 zoning is acceptable under the Industrial Future Land Use category specified in the Growth Plan. h. Does the new zoning promote the character of the district? How? Yes. This proposal seeks to amend the zoning map and not the text. Therefore, no element of this amendment modifies the standards of any zoning district. The character of the districts as created by those standards remains intact. The surrounding properties are also zoned M-1 and M-2. The land uses allowed in this zoning designation will maintain the existing industrial character of the area. i. Does the new zoning address the affected area's peculiar suitability for particular uses? How? Yes. The property is located in an area planned for industrial uses and is suitable for the site given its historical uses and surrounding industrial uses. j. Was the new zoning adopted with a view of conserving the values of buildings? How? Yes. The proposed M-1 zoning will allow continued use of the existing building and allow for many potential redevelopment opportunities. k. How does the new zoning encourage the most appropriate use of land throughout the jurisdictional area? How? Yes, the proposed M-1 zoning designation encourages the most appropriate use of land as the growth policy designates the property as industrial. The existing area is fully developed and has a long history of industrial uses, including transportation, commercial and light manufacturing. M-1 zoning encourages the continuation of similar uses. ■ Morrison 133 Maus Lane No Maierle Annexation and Zoning ApplicationJ5 engineers surveyors planners scie,isls EXHIBIT A: CONCEPTUAL UTILITY EXHIBIT h ■ F rT \ KKT-- \ e c \ � ! PROPERTY BOUNDARY m PROPOSED \ ANNEXATION AREA CONCEPTUAL I CONCEPTUAL \ WATER SERVICE SEWER SERVICE \ \ s\ �S— 7 —S OLD BUFFALO TRL I EXISTING SEWER MAIN (TYP.) , � II EXISTING 6-INCH w CONCEPTUAL WATER MAIN I I WATER MAIN Q (APPROX 700 LF 8-INCH = DUCTILE IRON) EXISTING 8-INCH � I w WATER MAIN I Z I I > _N_ '► COQ II w Ic J II 0 100 200 GRIFFIN DR _ I SCALE IN FEET 2880'u5 PROJECT NO. Morrison BozeTechnologyBlvdWest DRAWN BY: KJS MAUS LANE ANNEXATION a nil ■ v Bozeman,MT 59718 10768.001 p DSGN.BY: CPK g !! BOZEMAN MONTANA M a l e r e Y 406.587.0721 APPR.BY: CPK FIGURE NUMBER ® www.m-m.net DATE: 04/2025 EX 1 o engineers.surveyors.planners.scientists CONCEPTUAL UTILITY EXHIBIT _ COPYRIGHT®MORRISON-MAIERLE,.11 z Plotted by kart sand on Apr/18/2025