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HomeMy WebLinkAbout006 - ANNEXATION NARRATIVE October 03, 2025 L Street Annexation Narrative EXECUTIVE SUMMARY This project encompasses three parcels that are proposed for annexation into the City of Bozeman (City). The parcels are hereinafter referred to as Parcel I, Parcel II, and Parcel V. They will be referred to as Subject Property collectively. Parcel I is 9.00 acres, Parcel II is 0.96 acres, and Parcel V is 7.96 acres, totaling 17.92 acres. Parcel I & II are located west of L Street and Parcel V is located southeast of L Street. The Subject Property is currently a part of Gallatin County and is zoned as A-S (Agriculture Suburban). The legal descriptions are as follows: Parcel I: S05, T02 S, R06 E, ACRES 9, SW4NW4 W OF RD & E OF RIVER Parcel II: S05, T02 S, R06 E, ACRES 0.96, ABANDONED MENARD LINE LYING SW4NW4 Parcel V: S05, T02 S, R06 E, ACRES 7.96, TRACT J IN SW4NW4 SEC 5 & SE COR SE4NE4 SEC 6 20FM376PLAT See Exhibit F for the recorded metes and bounds for each parcel. The applicant formally requests these legal descriptions be accepted in lieu of a formal boundary survey. • Parcel I—Grant Deed Film 124 Page 4443 • Parcel II—Grant Deed Film 124 Page 4443 • Parcel V—Notice Affecting Title To Real Property Film 135 Page 3404 PROJECT OVERVIEW The applicant is requesting that the Subject Property be annexed into the City. The Subject Property is currently a part of Gallatin County. This annexation will eliminate a County inholding within the City limits of Bozeman which is a priority of the City. The neighboring property to the north was annexed in 2007. Other surrounding properties were annexed prior to 1996. Annexation and future development of the Subject Property will allow for a more contiguous boundary for the City’s limits and a more desired land use pattern that adheres to the City’s growth policy. IDAHO POLE CO. SUPERFUND SITE The Subject Property is located within the Idaho Pole Co. Superfund Site boundary and the associated Controlled Groundwater Area (CGA). Any future development of the property will require the installation of municipal utilities provided by the City to support residential use. The CGA requires that any excavation or disturbance of the soil be approved by the Environmental Protection Agency (EPA) and the Montana Department of Environmental Quality (MDEQ). The applicant acknowledges this requirement and will obtain the necessary approval prior to development. The Subject Property lies outside of both the Treated Soils Area (TSA) and the Residential Restricted Area. It is currently zoned A-S by Gallatin County, which permits residential dwellings. Given these conditions, it is anticipated that EPA and MDEQ will approve the necessary excavation and utility installation to allow for future development of the site. See Exhibit K for a more detailed history of the site, testing, and declining contamination levels. RESPONSES TO ANNEXATION CRITERIA The applicant understands that the annexation of the Subject Property is contingent upon the specified policies outlined in the Annexation Application Checklist. The checklist criteria are below with relevant responses to each question or statement. Annexation exhibits are included with the application for reference. 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 annexation of the Subject Property will include all rights of way for L Street as a collector per the City’s transportation master plan. The right of way for Story Mill Road is designated as a collector street and has an existing width of 100 FT. This is continued as shown in Exhibit M. 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. Acknowledged. The Subject Property does not contain or border any existing non-continuous local streets. L Street and Story Mill Road are existing collector streets that border the Subject Property and extend well beyond the Subject Property connecting to Bridger Canyon Drive to the north and Wallace Avenue to the south. 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. 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. Annexation of the Subject Property is in conformance with the current Bozeman land use plan (growth policy). The policy encourages annexation of contiguous land and the development of more intense and diverse housing. The Future Land Use map identifies the Subject Property as Urban Neighborhood. The proposed land use is residential and the accompanying ZMA requests R-3 zoning. Therefore, an amendment to the land use plan is not necessary for annexation. 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. The Subject Property contains three parcels that total 17.92 acres. Parcel II is the only one that is less than five acres and is located adjacent to Parcel I. Parcels I and II of the Subject Property represent 9.96 contiguous acres. The Subject Property and 13 other adjacent properties are currently County inholdings within the City limits. Annexation of the Subject Property will reduce the overall size of the inholdings and create a more regular boundary within the City. 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 Subject Property borders existing properties previously annexed into the City. Sanitary sewer, water, and emergency services for future development can be provided along L Street and Story Mill Road. Fire hydrants will be connected and spaced per city standards along all street frontages. This will ensure the requirements for public health, safety, and welfare are met with future development. 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. 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 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. 9. The use of Part 46 annexations is preferred. Acknowledged. 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. 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. 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. Acknowledged. Each parcel of the Subject Property is contiguous to the existing City limits.