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HomeMy WebLinkAbout006 - ANNEXATION NARRATIVE 25775 Hanson Lane Annexation Narrative EXECUTIVE SUMMARY This project encompasses one parcel proposed for annexation into the City of Bozeman (City), hereinafter referred to as Subject Property. The Subject Property is a total of 9.979 acres. It is currently a Gallatin County inholding and is zoned for Semi- Rural Residential (SRR). The legal description is as follows: S03, T02 S, R05 E, ACRES 9.979, TRACT 4 E2E2SE4 & W2W2SW4 SEC 2 LESS RW The Subject Property is adjacent to services provided by the City and is adjacent to several existing residential neighborhoods. 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 help incorporate an island that exists within the City limits. Neighboring properties are currently within City limits and were annexed into the City between 1997 and 2014. 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 Bozeman Community Plan. RESPONSES TO ANNEXATION CRITERIA The applicant understands that the annexation of the Subject Property is subject to the specified goals and policies established by Commission Resolution No. 4400 and outlined in the Annexation Application Checklist. The checklist criteria are below with relevant responses to each question or statement made. Annexation exhibits are included with the application for reference. 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 annexation of the Subject Property will include dedication of all rights-of- way for collector and arterial streets including public water, sewer, and stormwater mains. Hanson Lane has an existing easement attached to the Subject Property. Durston Road has an existing rights-of-way that is wholly within the City limits. This application includes a draft public street and utility easement for the future extensions of Annie Street and Fowler Avenue. All rights-of-way and easements are shown in Exhibit G 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. This application includes a draft public street and utility easement for the future extensions of Annie Street and Fowler Avenue. All rights-of-way and easements are shown in Exhibit G. 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 is 9.979 acres, exceeding the required five acre minimum for annexation. 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. Existing sanitary sewer, water, and emergency services are available nearby for use by future development, as shown in Exhibit G. The Subject Property is located within an existing sewer drainage basin as defined in the Wastewater Facilities Plan. All public health, safety, and welfare standards will be met with future public infrastructure and private development improvements as required by the Unified Development Code. 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. The Subject Property is contiguous with and wholly surrounded by the existing City limits.