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HomeMy WebLinkAbout04_Annexation Narrative 1 45 ARCHITECTURE & INTERIORS | 4204 Ravalli St. #101, Bozeman, MT 59718 | P: (406) 577-2345 Date: 08/25/2025 To: City of Bozeman Planning From: Joseph D’Angelo, 45 Architecture & Interiors In representation of: Great Northern Golf Company of Montana ABN: Bridger Creek Golf Course Re: Annexation Narrative To Whom It May Concern, The following contains a list of Annexation Goals and Policies and a narrative of compliance. The current Gallatin County Zoning is M-1. The proposed/requested City Zoning is R-1. Resolution No. 3907 Goals: Goal #1 - The City of Bozeman encourages annexations of land contiguous to the City. The subject property is directly adjacent to the City limits along its eastern, northern, and western boundaries. Goal #2 - The City encourages all areas that are surrounded by the City to annex. The subject property lies within a county island that is entirely enclosed by the City. This application pertains specifically to one of the eleven parcels that comprise the in-holding. Goal #3 - The City encourages all properties currently contracting with the City or City services such as water, sanitary sewer, and/or fire protection to annex. No current contracts exist for city services to the property. No city services are currently being provided to the property in question. 2 45 ARCHITECTURE & INTERIORS | 4204 Ravalli St. #101, Bozeman, MT 59718 | P: (406) 577-2345 Goal #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 property in question plans to utilize municipal water and sewer with any future development. Goal #5 - The City encourages annexations within the urban area identified on the future land use map in the current Bozeman Growth Policy. The property in question is within the urban area of the Bozeman Growth Policy Map. Goal #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 would contribute to the regularization of the City boundary. Goal #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. Annexation of the subject property is not anticipated to materially affect the existing traffic circulation system, as the parcel is located within a county island surrounded by the City and has functioned as part of the established traffic pattern for over three decades. Goal #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 property under consideration is a single parcel of less than five acres located within a county land island inside the City. This petition addresses one of the eleven parcels that together form the in-holding. The combined acreage of the island exceeds five acres. Annexation of this parcel would constitute one in a series of steps to remove the in-holding from the county land island. 3 45 ARCHITECTURE & INTERIORS | 4204 Ravalli St. #101, Bozeman, MT 59718 | P: (406) 577-2345 Goal #9 - The City seeks to obtain water rights adequate for future development of the property with annexation. The owner’s would address this with the city during consideration of this annexation petition or at the time of future development. Goal #10 - The City of Bozeman encourages annexations for City provision of clean treated water and sanitary sewer. This is, ultimately, the reason for the annexation request. City utility services are currently available on both streets adjoining the subject property. Establishing a permanent sanitation facility on the property will ensure compliance with the City’s adopted plans and provide a reliable long-term solution. 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. This policy would not apply to the consideration of this annexation petition. 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. This policy is not applicable to the present petition. The property under consideration is a single 1.173-acre parcel situated at the junction of two established City rights-of-way. There are no internal streets. 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. The owner’s of this property would comply with this policy upon request during this application process. 4 45 ARCHITECTURE & INTERIORS | 4204 Ravalli St. #101, Bozeman, MT 59718 | P: (406) 577-2345 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. Bozeman Growth Policy Designation for the area in question: 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 floodplains or steep slopes. Complementary uses such as parks, home-based occupations, fire 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 specific 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. (Bozeman 2020 Community Plan - page 52) Zoning Designations in correlation with the Urban Neighborhood Growth Policy Designation include R-S, R-1, R-2, R-3, R-4, R-5, R-O, REMU, RMH, B-1, PLI The proposed/requested City Zoning of R-1 aligns with the Bozeman land use plan (Growth Policy) and would not therefore need a growth policy amendment 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. 5 45 ARCHITECTURE & INTERIORS | 4204 Ravalli St. #101, Bozeman, MT 59718 | P: (406) 577-2345 The property in question is less than five acres but it is also an island of county land within the city. Annexation would make the City boundaries more regular and would provide a more consistent and less ambiguous boundary for emergency services 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. City utility services are currently available on both streets adjoining the subject property. Reliance on temporary restroom facilities presents a potential risk to public health, safety, and welfare in the event of equipment failure or vandalism. Establishing an opportunity for permanent sanitation facilities on the property will ensure compliance with the City’s adopted plans and provide a reliable long-term solution. 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. No City services are currently being provided to the property in question. 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. This petition is not a request for an emergency connection. 6 45 ARCHITECTURE & INTERIORS | 4204 Ravalli St. #101, Bozeman, MT 59718 | P: (406) 577-2345 9. The use of Part 46 annexations is preferred. This application is submitted in compliance with the procedures outlined in Part 46, Annexation by Petition, Section 7-2-4601 of the Montana Code Annotated (2023). 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. This petition does not involve any road improvement districts. No such districts are located within the boundaries of the proposed annexation area. 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. This petition does not pertain to on-site water or wastewater facilities, as no well or septic system currently exists on the property. 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 subject property is directly adjacent to the City limits along its eastern, northern, and western boundaries. It lies within a county island that is entirely enclosed by the City. This application pertains specifically to one of the eleven parcels that comprise the in-holding.