HomeMy WebLinkAboutApprove Mount Baldy-Thies Lots 25 & 26 Annexation
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Dave Skelton, Senior Planner
SUBJECT: Mount Baldy-Thies Lot 25 & 26 Annexation, #A-07007
Consent Agenda Item
MEETING DATE: Monday, March 3, 2008
RECOMMENDATION: The City Commission approves the annexation, with the 13
recommended contingencies of annexation listed on Pages 2-3 of the Staff Report, and direct
staff to prepare an annexation agreement for signature by the parties.
BACKGROUND: An annexation application to annex 0.74 acres located at the northwest
corner of Bridger Canyon Road and Northview Avenue has been submitted for review. The
subject property is contiguous to the City of Bozeman. The Development Review Committee has
reviewed the application and presents the findings and recommended terms of annexation
outlined in the staff report to the Commission. This is a part 46 Annexation and does not require
a public hearing.
UNRESOLVED ISSUES: The Department of Planning is not aware of any unresolved issues
for the proposed development at this time.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased
property tax revenues from annexation of the property, and costs from additional service
demand.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please feel free to email Dave Skelton at dskelton@bozeman.net if you have any
questions.
APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
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CITY COMMISSION STAFF REPORT
MT BALDY LOTS 25&26 ANNEXATION FILE NO. #A-07007
#A-07007 Mt Baldy–Thies Lots 25&26 Annexation Staff Report 1
Item: Annexation Application #A-07007 -- An application requesting to
annex 0.74 acres of residential land described as Lot 25 and Lot 26,
Mount Baldy Subdivision, situated in Section 32, T1S, R6E, P.M.M.,
Gallatin County, Montana and more commonly referred to as 1505
Bridger Drive
Owner/Applicant: Ethel Thies Family Trust
%Dwight McCarty
37736 Buck Road NE
Hansville, WA 98340
Representative: Morrison Maierle, Inc.
901 Technology Boulevard
P.O. Box 1113
Bozeman, MT 59771
Date: Before the Bozeman City Commission on Monday, March 3, 2008,
6:00 p.m., in the Community Room, Gallatin County Courthouse, 311
West Main Street.
Report By: Dave Skelton, Senior Planner
Recommendation: Approval with Contingencies
____________________________________________________________________________________
PROJECT LOCATION
The subject property is legally described as Lot 25 and Lot 26 of Mount Baldy Subdivision, situated in
the SW ¼ and SE ¼ of Section 32, T1S, R6E, PMM, Gallatin County, Montana, being approximately
0.74± acres in size. The site is located at the northeast corner of the intersection of Northview Street and
Bridger Canyon Drive – MT Highway 86. Please refer to the vicinity map on the following page.
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Vicinity Map
RECOMMENDED CONDITIONS OF APPROVAL
The Planning Office has solicited comments from the Development Review Committee (DRC)
and other applicable review agencies regarding the request for annexation. Comments received
as of the writing of this staff report are included below according to the goals and policies of
Commission Resolution #3907. Upon review of the application, staff finds that the annexation
request addresses all policies as stated in Resolution #3907, and none of the policies would be
violated with the annexation of the property. If the Commission elects to approve the proposal,
staff recommends the following terms be addressed prior to, or in the Annexation Agreement:
TERMS FOR ANNEXATION
1. Applicant shall provide and file with the County Clerk and Recorder's office executed Waivers
of Right to Protest Creation of Special Improvement Districts for the following:
A. Street improvements including paving, curb/gutter, sidewalk and storm drainage facilities for
the following streets:
a. Bridger Drive
b. Story Mill Road
B. Signalization Improvements for the following intersections:
a. Bridger Drive/Story Mill Road
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The documents filed shall specify that in the event an S.I.D. is not utilized for the completion of
these improvements, the developer agrees to participate in an alternate financing method for the
completion of said improvements on a fair share, proportionate basis as determined by square
footage of property, taxable valuation of the property, traffic contribution from the development
or a combination thereof.
2. The owner shall provide a public street and utility easement for Bridger Drive. The easement
shall be 60 feet wide from the centerline which is half of the principal arterial standard as shown
in the Greater Bozeman Area Transportation Plan.
3. Upon annexation, the existing structures shall be connected to municipal services.
4. That the documents and exhibits to formally annex the subject property shall be identified as
“Mount Baldy-Thies Lots 25 & 26 Annexation”.
5. That the applicant execute at the Gallatin County Clerk & Recorder’s Office a waiver of right-to-
protest creation of S.I.D.’s for a City-wide Park Maintenance District, which would provide a
mechanism for the fair and equitable assessment of maintenance costs for City parks as part of
the Annexation Agreement.
6. That provisions for water rights or cash in-lieu of water rights be provided in an amount
determined by the Director of Public Service, prior to the City Commission adopting the
Resolution of Annexation and accepting the Annexation Agreement.
7. The property owner should be advised that prior to development of the property, the future
developer(s) may be required to prepare, at their own expense, a comprehensive design report
evaluating existing capacity of water and sewer utilities, storm water master plan and traffic
impacts.
8. The Annexation Agreement should include notice that, prior to development, the developer will
be responsible for installing any facilities required to provide full municipal services to the
property in accordance with the City’s infrastructure Master Plan and all city policies and
guidelines that may be in effect at the time of development.
9. That upon annexation of the subject property the land owners shall connect the existing residence
to municipal sanitary sewer and water.
10. The land owners and their successors shall pay all fire and street impact fees for existing
development at time of annexation; water and sewer impact fees at the time of connection; and
for future development as required by Chapter 3.24, Bozeman Municipal Code, or as amended at
the time of application for any permit listed therein.
11. The applicant will coordinate development of and extend future parks and trails with parks and
trails in adjacent development.
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12. An Annexation Map, titled “Mount Baldy-Thies Lots 25 & 26 Annexation Map” with a legal
description of the property and any adjoining unannexed rights-of-way and/or street access
easements shall be submitted by the applicant for use with the Annexation Agreement. The map
must be supplied on a mylar for City records (18" by 24"), a reduced 8 ½" x 11" or 8 ½” by 14"
exhibit for filing with the Annexation Agreement at the County Clerk & Recorder, and a digital
copy for the City Engineer’s Office. This map must be acceptable to the Director of Public
Services and City Engineer’s Office, and shall be submitted with the signed Annexation
Agreement.
13. That the applicant executes all contingencies and terms of said Annexation Agreement with the
City of Bozeman within 60 days of the receipt of the annexation agreement, or annexation
approval shall be null and void.
PROPOSAL
The applicant is requesting to annex the subject property to the corporate limits of the City of Bozeman
for the previously described 0.74± acres of land. The purpose of the annexation request is to extend
municipal water and sanitary sewer infrastructure to the property and obtain pubic services (i.e., police
and fire). This would potentially allow for further development of the property contingent on proper
municipal zoning and compliance with Bozeman Municipal Code.
The property under consideration is presently occupied by a single household residential dwelling and
related improvements. There are no topographical or physical features (i.e.., watercourse, wetlands or
mature vegetation) identified on the site in question.
The subject property is currently located outside the corporate limits of the City of Bozeman, is under
the jurisdiction of the Gallatin County, and is currently zoned as “RS” (Residential Suburban District).
The intent of the “RS” residential suburban district is to encourage cluster development so that areas of
agriculture and areas of environmental concern are preserved. It is intended that through the use of this
district, agricultural pursuits and/or open space will be preserved and environmental pursuits and/or
open space will be preserved and environmental concerns, such as high water table and floodplains, will
be protected.
BACKGROUND
In August of 2006 the Zoning Commission and City Commission considered a similar request for
annexation and zone map amendment for Lot 21 and Lot 22 of Mount Baldy Subdivision (i.e.,
Jackson/Ebelke Annexation and ZMA). The Zoning Commission considered the “R-1” zoning request
of Lot 21 and 22 on August 15, 2006 and voted 5-0 to recommend approval to the City Commission.
On August 28, 2006 the City Commission considered the request for annexation and zone map
amendment. The annexation and zone map amendment failed to pass before the City Commission
finding that said annexation was inappropriate until such time that services were immediately available
and a larger number of residents in the area expressed interest with annexation. The Commission found
that the proposed “R-1” zoning designation would be appropriate in the long term development of this
area, but was inappropriate based on current land use patterns of the established suburban subdivisions
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in the immediate area (i.e., Ed Vogel Subdivision No. 1 and Mount Baldy Subdivision). As a result, a
motion to approve the annexation by the City Commission failed on a vote of 0-5 to annex the property.
Subsequently, the zone map amendment application was tabled indefinitely.
ADJACENT LAND USES & ZONING
The subject property is currently occupied by a single family residence as part of the Mount Baldy
Subdivision and zoned County Zoning RS (Residential Suburban).
The following land uses and zoning are adjacent to the subject property:
North: Annexed lands (i.e., Legends at Bridger Creek Subdivision) zoned “R-1” (Residential
Single Household, Low Density District).
South: Annexed lands (i.e., Headlands Subdivision P.U.D.) zoned “RS” (Residential Suburban
District).
East: County lands (i.e., Mount Baldy Subdivision and Ed Vogel Subdivision No. 1) zoned
“RS” (County Zoning Agricultural Suburban).
West: County lands (i.e., Mount Baldy Subdivision and agricultural lands) zoned “RS”
(Residential Suburban) and city lands zoned “RS” (i.e., Headlands Subdivision P.U.D.).
COMPLIANCE WITH GOALS AND POLICIES EXPRESSED IN
CITY COMMISSION RESOLUTION NO. 3907
City Commission Resolution #3907 establishes four goals and eleven policies used to evaluate all
annexation requests. Staff requested comments from City Departments regarding the request. Those
comments have been incorporated into the following review of Resolution #3907.
GOAL #1: It shall be the goal of the City of Bozeman to encourage annexations of land
contiguous to the City.
The property in question is contiguous to the City of Bozeman on the north (Legends at Bridger
Creek II annexation), south (Headlands Annexation), and along the west side of the property
(Northview public street right-of-way).
GOAL #2: The City shall seek to annex all areas that are totally surrounded by the City,
without regard to parcel size.
The subject property is wholly surrounded by the City of Bozeman at this time.
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GOAL #3: The City shall seek to annex all property currently contracting with the City for
City services such as water, sanitary sewer and/or fire protection.
The applicant has not contracted with the City for municipal services. Extension of municipal
infrastructure to the site in question will be the responsibility of the landowner at the time of
subdivision and development of said property. Currently there are sanitary sewer and water
services located in the 30-foot wide alley immediately to the north of the site.
GOAL #4: It shall be the goal of the City of Bozeman to require annexation of all land
proposed for development lying within the service boundary of the existing sewer system as
depicted in the Bozeman Growth Policy, and to encourage annexations within the urban growth
area identified in the Bozeman Area Master Plan.
The annexation request is located in the urban growth area and the Capital Facilities Overlay
District delineated on the Land Use Map of the Bozeman 2020 Community Plan (figure 6-2).
The Plan delineates a Capital Facilities Overlay District on Figure 6-2 of the Master Plan that is
intended to establish a priority area for development within the larger scope of the Bozeman
2020 Community Plan future land use plan. The designation of the Capital Facilities Overlay
District is not intended to prohibit development in areas that are not contained within it, which
the subject property is not. Instead, it designates an area within the long-range growth area of
the city where services would be most efficiently provided in the near term and where
development in the near term would advance the goals of the 2020 Plan. The property
requesting annexation with this application is located inside the defined Capital Facilities
Overlay District.
POLICY #1: Annexations shall include dedication of all easements, rights-of-way for collector
and arterial streets, water rights and waivers of right-to-protest against the creation of
improvement districts necessary to provide the essential services for future development of the
city.
The site is bound on the west by a local street (i.e., Northview Street) that provides access to
Legends at Bridger Creek Subdivision. The principal arterial, Bridger Canyon Road – MT
Highway 86, abuts the property along the south. The City Engineer’s Office is recommending
acquisition of a 60-foot public street and utility easement for Bridger Canyon Road from the
current centerline which is half of the principal arterial standard. The applicant is willing to
dedicate an additional 30 feet along the north boundary to alter the function of the alley in
Legends at Bridger Creek to a 60-foot right-of-way. Necessary waivers of right to protest have
been identified by the City Engineer’s Office and will be included in the annexation agreement.
POLICY #2: Issues pertaining to master planning and zoning shall be addressed in conjunction
with the application for annexation.
a. The initial application for annexation shall be in conformance with the current Bozeman
Growth Policy. If a Growth Policy Amendment is necessary to accommodate anticipated
uses, said amendment process may be initiated by the applicant and conducted
concurrently with the processing for annexation.
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The property is designated as Suburban Residential in the adopted Growth Policy. The
“Suburban Residential” land use classification indicates locations outside the City limits but
within the Planning Area where the land development pattern has already been set by rural
subdivisions. Subdivisions in this area are generally characterized by lots two acres in size or
less. It is probable that portions of this area may be proposed for annexation within the next
twenty years. Any further development within this area should be clustered to preserve
functional open space and allow for more advanced sewage disposal than individual septic tanks
Based on the description in Chapter 6 of the Bozeman 2020 Community Plan, the proposed
annexation would be in conformance with the land use designation.
b. Initial zoning classifications of the property to be annexed shall be determined by the City
Commission, in compliance with the Bozeman Growth Policy and upon a recommendation
of the City Zoning Commission, prior to final annexation approval.
The applicant has applied for a Zone Map Amendment finding that the subject property is
presently under the zoning jurisdiction of the Gallatin County. As a result, an application for a
Zone Map Amendment is being processed concurrently with the annexation request to establish
the appropriate “municipal” zoning designation(s). The applicant has requested an “R-1”,
Residential, Single-Household Low Density District, zoning designation on said lands.
c. The applicant may indicate his or her preferred zoning classification as part of the
annexation application.
The applicant has applied for a Zone Map Amendment to amend the City of Bozeman Zone Map
and establish an initial “R-1”, Residential, Single-Household Low Density District. The
Bozeman Zoning Commission considered the applicant’s zoning request after receiving public
testimony and the recommendation of the Planning Office on February 20, 2008. An overview
of the requested zoning is contained in the staff report for the accompanying zone map
amendment, Z-07283. The recommendation of the Zoning Commission is provided in Zoning
Resolution No. Z-07283 and will be considered on March 3, 2008 by the City Commission.
POLICY #3: Fees for Annexation procedures shall be established by the City Commission. No
fee will be charged for any City-initiated annexation.
The appropriate review fees accompanied the application.
POLICY #4: It shall be the general 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.
The current access to the property is along Bridger Canyon Road which is a paved road. Further
development of the site may occur from the local street to the west or public alleyway to the north.
POLICY #5: Prior to annexation of property, it shall be the policy of the City of Bozeman to
acquire usable water rights, or an appropriate fee in lieu thereof, equal to the average annual
diversion requirement necessary to provide the anticipated average annual consumption of water
by residents and/or users of the property when fully developed on the basis of the zoning
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designation(s). The fee may be used to acquire water rights or for improvements to the water
system which would create additional water supply capacity. This policy may be subject to the
following exceptions:
a. For any annexation in excess of ten acres, it shall be carried out prior to final plat
approval, final site plan approval or the issuance of any building permits, whichever occurs
first, provided applicant executes a promissory note or other appropriate document
acceptable to the City.
The property owner shall provide usable water rights, or cash in-lieu of water rights thereof, in
an amount to be determined by the Director of Public Service, as outlined in Policy 5A above.
This will be addressed during annexation, as the site in question is less than ten (10) acres. The
calculated amount will be determined by the Director of Public Service and based on the zoning
designation approved by the City Commission.
b. For any annexation or portion thereof proposed for use as a church as that term is defined
in the Bozeman zoning ordinance, the R-1, Residential Single-Family, Low Density District
shall be used in place of the property’s zoning designation for calculating the water
requirement. If the use changes from a church at any time in the future, the owner of the
property will enter into a separate agreement providing that, at the time of the change, the
owner or its successor shall supply any additional water rights or fee which might be due,
based on the actual zoning designation at the time of the change.
This policy is not applicable to this annexation.
POLICY #6: Infrastructure and emergency services for an area proposed for annexation will be
reviewed for the health, safety and welfare of the public. If it is found that adequate services
cannot be provided to ensure public health, safety and welfare, it shall be the general policy of the
City to require the applicant to provide a written plan for accommodations of these services, or
not approve the annexation. Additionally, annexation proposals that would use up infrastructure
capacity already reserved for properties lying either within undeveloped portions of the City
limits or lying outside the City limits but within the identified sewer or water service area
boundaries, shall generally not apply.
The D.R.C. considered the annexation request and did not identify any significant impacts to the
City’s sanitary sewer and water municipal facilities, or transportation system that could not be
addressed or fulfilled by the applicant during subdivision or site plan review. The City Engineer’s
Office recommends that the applicant execute waivers of right-to-protest creation of Special
Improvement Districts for improvements to: 1) street improvements to Bridger Drive and Story
Mill Road, and 2) signalization improvements for the intersection of Bridger Drive and Story Mill
Road. Waivers of right to protest creation of Special Improvement Districts shall be executed
and filed with the Annexation Agreement. Connection to municipal infrastructure will
discourage the potential of groundwater degradation and contamination of existing wells in the
immediate area.
POLICY #7: It shall be the general policy of the City of Bozeman to require annexation of any
contiguous property for which city services are requested or for which city services are currently
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being contracted.
No services are currently being provided. The applicants intend to seek municipal sewer
connection after annexation is approved.
POLICY #8: The annexation application shall be accompanied by mapping to meet the
requirements of the Director of Public Service.
Mapping to meet the requirements of the Director of Public Service shall be provided as
fulfillment of terms for the Annexation Agreement. The submittal shall include a legal
description of the property, show any existing public utility easements (water, sewer, roadways
and storm drainage), and identify adjacent developments (subdivision name, block and lots).
Typically, this includes an 18" x 24" mylar map, reduced 8 ½’ by 11” or 14” annexation map
exhibit, and two (2) 3 ½" digital copies of legal description of said property.
POLICY #9: It shall be the policy of the City of Bozeman to assess a system development/impact
fee in accordance with Chapter 3.24, Bozeman Municipal Code, and in accordance with Page 72,
et seq., of the Bozeman Area Master Plan and other policies as they are developed.
Impact fees and impact fee credits have been adopted in accordance with Chapter 3.24 of the
Municipal Code and will be assessed if building permits are issued for any new construction
within the subject property. The City’s policy is to require annexation property which is
currently developed to pay fire and street impact fees at the time of annexation and water and
sewer at the time of connection. Standard language addressing this policy has been developed by
the City Attorney for inclusion with all annexation agreements.
POLICY #10: Public notice requirements shall be in compliance with Montana Code Annotated.
In addition, posting in at least one conspicuous location on the site in question, and mailing to all
owners of real property of record within 200 feet of the site in question using the last declared
county real estate tax records, not more than 45 days nor less than 15 days prior to the scheduled
public hearing, specifying the date, time and place for said hearing. It shall specify the name and
address of the applicant, the name and address of the owner of record of the property to be
annexed, a legal description of the property affected, the street address or its location by
approximate distance from the nearest major street or road intersections so the property can be
readily identified, and a brief statement of the nature of the hearing. The notice shall provide a
map of the area in question so as to indicate its general location and proximity to surrounding
properties.
All noticing has complied with the criteria as outlined above. No pubic testimony on the request
for annexation has been received as of this writing. However, staff has received testimony on the
accompanying zone map amendment. Any public testimony submitted to the Planning Office
will be forwarded to the City Commission for consideration.
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POLICY #11: Annexation agreements shall be executed and returned to the City within 60 days
of distribution of the annexation agreement, unless another time period is specifically identified by
the City Commission.
Said Annexation Agreement will be executed and processed accordingly.
POLICY #12: When possible, the use of Part 46 annexations is preferred.
A part 46 annexation was used for this annexation. Therefore, in lieu of a public hearing
on this matter this item will appear before the City Commission as a Consent Agenda
item.
Staff Summary:
The Planning Office, Development Review Committee, and other local review agencies have reviewed
the request for annexation, and as a result, have provided the above summary review comments as it
relates to the Goals and Policies set forth in Commission Resolution No. 3907.
Should the City Commission choose to proceed with the request for annexation, the Planning Office has
recommended that the contingencies and terms outlined on page two and three of this staff report be
addressed prior to acknowledging the Annexation Agreement and formal annexation of said property.
Attachments: Applicant’s Submittal Annexation Application
Report Sent To: Dwight McCarty, 37736 Buck Road NE, Hansville, WA 98340
Morrison Maierle, Inc., 901 Technology Blvd., Bozeman MT 59771
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