HomeMy WebLinkAboutApprove the 19th Capital Group Annexation A-07006
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brian Krueger, Associate Planner
SUBJECT: 19th Capital Group Annexation, #A-07006
Consent Agenda Item
MEETING DATE: Monday, January 14, 2008
RECOMMENDATION: The City Commission approves the annexation, with the 17
recommended terms of annexation listed on Pages 2-5 of the Staff Report, and direct staff to
prepare an annexation agreement for signature by the parties.
BACKGROUND: An annexation application to annex 3.07 acres located at south west corner
of Kagy Boulevard and South 19th 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 Brian Krueger at bkrueger@bozeman.net if you have any
questions.
APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
43
19th CAPITAL GROUP ANNEXATION
CITY COMMISSION STAFF REPORT FILE NO. A-07006
19th Capital Group Annexation Staff Report, #A-07006 1
Item: Annexation Application #A-07006 requesting to annex 3.07 acres located at
the south west corner of the intersection of Kagy Boulevard and South 19th
Avenue to the corporate limits of the City of Bozeman.
Owner: 19th Capital Group, LLC
19 Lariat Loop
Bozeman, MT 59715
Representative: C & H Engineering and Surveying, Inc.
1091 Stoneridge Drive
Bozeman, MT 59718
Date/Time: Before the Bozeman City Commission on Monday, January 14, 2008 at 6:00
p.m. The City Commission will conduct their meeting in the Community
Room, Gallatin County Courthouse, 311 West Main Street, Bozeman,
Montana.
Consent Agenda Item
Report By: Brian Krueger, Associate Planner
Recommendation: Approval with terms of annexation
PROJECT LOCATION & MAP
The subject property is located at the south west corner of the intersection of Kagy Boulevard and
South 19th Avenue and is legally described as Tracts 1A of COS No. 2008A located in the SE ¼ of
Section 14, T2S, R5E, PMM in Gallatin County Montana. The property falls within the Gallatin
County Bozeman Area Zoning District, and has a county zoning designation of A-S (Agricultural
Suburban District).
Please refer to the following vicinity map.
44
19th Capital Group Annexation Staff Report, #A-07006 2
PROPOSAL AND BACKGROUND INFORMATION
The property owner and applicant, 19th Capital Group, LLC proposes to annex the 3.07-acre subject
property to the corporate limits of the City of Bozeman and to establish an initial municipal zoning
designation of B-2 (Community Business District). The purpose of the annexation and zone map
amendment request is to extend municipal water and sanitary sewer infrastructure to the property and
obtain public services (i.e., police and fire) in order to develop Commercial Services as outlined in the
Bozeman 2020 Community Plan.
The subject property contains one single family household detached residence. The property is
currently used for a residence.
No public comment has been received.
STAFF RECOMMENDATION
Should the City Commission choose to accept the request for annexation, the Development Review
Committee has recommended that the following terms of annexation be addressed prior to
acknowledging the Annexation Agreement and formal annexation of said property:
PLANNING
CONDITIONS
1. 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.
2. The property owner shall provide usable water rights, or cash in-lieu thereof, in the amount
45
19th Capital Group Annexation Staff Report, #A-07006 3
determined by the Director of Public Service at the time the property is annexed to the corporate
limits to the City of Bozeman.
3. 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.
4. That at the time of any new development on the property, fire, street, water and wastewater impact
fees will be assessed.
5. 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.
6. An Annexation Map, titled “19th Capital Group Annexation Map” with a legal description of the
property and adjoining 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.
7. That the applicants execute all contingencies and terms of said Annexation Agreement with the
City of Bozeman within sixty days (60) of distribution of the annexation agreement unless another
time period is specifically identified by the City Commission.
ENGINEERING
CONDITIONS
8. That the applicant execute all contingencies and terms of said Annexation Agreement with the City
of The annexation agreement shall include notice that, prior to development, the applicant will be
responsible for installing any facilities required to provide full municipal services to the property in
accordance with the City of Bozeman’s infrastructure master plans and all city policies that may be
in effect at the time of development.
9. The applicant shall provide and file with the County Clerk and Recorder's office executed Waivers
of Right to Protest Creation of Special Improvement Districts (SID’s) for the following:
a. Street improvements to South 19th Avenue; including but not limited to paving, curb and
gutter, sidewalk, and storm drainage improvements.
b. Street improvements to Kagy Boulevard; including but not limited to paving, curb and
gutter, sidewalk, and storm drainage improvements.
The document filed shall specify that in the event an SID 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
46
19th Capital Group Annexation Staff Report, #A-07006 4
footage of property, taxable valuation of the property, traffic contribution from the
development, or a combination thereof.
10. The applicant must perform a water rights search to determine if any exist for this property. Any
water rights that exist for this property must be transferred to the City of Bozeman prior to
annexation. If no water rights exist, cash in lieu of water rights must be paid prior to annexation.
STREETS
11. The applicant is advised that improvements to Kagy Boulevard in the vicinity if this
annexation may be necessary prior to any future development. The specific requirements will be
determined at the time of future development.
12. Fifteen feet of additional Right of Way on the South side of Kagey Boulevard will be require to
be dedicated to complete the south half of the total Right of Way of 120’ for a principal arterial
street standard.
STORMWATER MANAGEMENT
13. Prior to any development of the subject annexation, a stormwater drainage and grading plan shall
be provided to and approved by the City Engineer. The plan must demonstrate that adequate
treatment of runoff from the public streets and all future lots will be achieved by providing spot
elevations, flow direction arrows, detention and/or retention basin details (including basin sizing
calculations and basin typical sections), outlet structure details, and culvert capacity calculations.
The plan must also locate and provide easements for adequate drainage ways within the annexation
area to transport treated runoff to the stormwater receiving channel.
SEWER & WATER
14. Plans and specifications for any water, sewer and/or storm sewer main extensions, and Public or
Private Streets (including curb, gutter & sidewalks) prepared by a Professional Engineer (PE)
shall be provided to and approved by the City Engineer upon development. Water and sewer
plans shall also be approved by the Montana Department of Environmental Quality. The
applicant shall also provide Professional Engineering services for construction inspection,
post-construction certification, and preparation of mylar record drawings. Specific comments
regarding the existing and proposed infrastructure shall be provided at that time.
Construction shall not be initiated on the public infrastructure improvements until the plans and
specifications have been approved and a pre- construction conference has been conducted.
15. No building permits will be issued prior to City acceptance of the infrastructure
improvements.
16. Upon annexation and upon availability of service, any existing residences/businesses on the
property must be connected to City water and sewer utilities. The existing on-site treatment
systems must be properly abandoned and certification provided the abandonment occurred. Any
wells presently used for domestic purpose can be retained for irrigation only with no physical
connection to domestic water piping.
47
19th Capital Group Annexation Staff Report, #A-07006 5
17. The applicant is advised that water main extensions in excess of 500-ft must be looped.
ZONING DESIGNATION & LAND USES
As previously noted, the applicants propose a Zone Map Amendment to establish an initial municipal
zoning designation of B-2.
The intent of the B-2 (Community Business District) is to provide for a broad range of mutually
supportive retail and service functions located in clustered areas bordered on one or more sides by
limited access arterial streets.
The following land uses and zoning are adjacent to the subject property:
North: Stockman Bank; zoned B-2 (Community Business District)
South: Agricultural uses; zoned county A-S (Agricultural Suburban District)
West: Agricultural uses; zoned county A-S (Agricultural Suburban District)
East: Agricultural uses; zoned county A-S (Agricultural Suburban District)
GROWTH POLICY DESIGNATION
The area that is subject to this application is assigned a Community Commercial land use designation,
as shown on the Future Land Use Map in the City’s growth policy. The Community Commercial
designation is described as follows:
Community Commercial. Activities within this land use category are the basic employment and
services necessary for a vibrant community. Establishments located within these categories draw from
the community as a whole for their employee and customer base and are sized accordingly. A broad
range of functions including retail, education, professional and personal services, offices, residences,
and general service activities typify this designation. In the “center-based” land use pattern,
Community Commercial areas are integrated with significant transportation corridors, including transit
and non-automotive routes, to facilitate efficient travel opportunities.
The following growth policy designations are adjacent to the subject property:
North: Stockman Bank, designated Community Commercial.
West: Agricultural uses; designated Community Commercial
East: Agricultural uses; designated Residential which is described as follows:
Residential. This category designates places where the primary activity is urban density living
quarters. Other uses which complement residences are also acceptable such as parks, low
intensity home based occupations, fire stations, churches, and schools. The residential
designation also indicates that it is expected that development will occur within municipal
boundaries which may require annexation prior to development. The dwelling unit density
48
19th Capital Group Annexation Staff Report, #A-07006 6
expected within this classification varies. It is expected that areas of higher density housing
would be likely to be located in proximity to commercial centers to facilitate the broadest range
of feasible transportation options for the greatest number of individuals and support businesses
within commercial centers. Low density areas should have an average minimum density of six
units per net acre. Medium density areas should have an average minimum density of twelve
units per net acre. High density areas should have an average minimum density of eighteen
units per net acre. A variety of housing types should be blended to achieve the desired density
with large areas of single type housing being discouraged. In limited instances the strong
presence of constraints and natural features such as floodplains may cause an area to be
designated for development at a lower density than normally expected within this
classification.
All residential housing should be arranged with consideration given to the existing character of
adjacent development, any natural constraints such as steep slopes, and in a fashion which
advances the overall goals of the Bozeman 2020 Community Plan. The residential designation
is intended to provide the principal locations for additional housing within the Planning Area.
South: Agricultural uses; designated Community Commercial
REVIEW CRITERIA & FINDINGS
Resolution No. 3907 Goals
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 limits.
Goal 2: The City shall seek to annex all areas that are totally surrounded by the City,
without regard to parcel size.
The 3.07-acre subject property is mostly surrounded by the City. One parcel of county
land are adjacent to the subject properties; lying along southern and western boundaries.
Goal 3: The City shall seek to annex all property currently contracting with the City for
services such as water, sanitary sewer and/or fire protection.
The applicant is not currently contracting with the City for any services. The applicant
does have a need to contract with the City for municipal services to develop the
propertyfor commercial uses.
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 Growth Policy.
The subject property lies within the 20-year sewer service boundary as depicted in the
newly adopted 2006 Bozeman Wastewater Facilities Plan.
The subject property lies within the Bozeman 2020 Community Plan planning
boundary, and the “Capital Facilities Overlay District” (Figure 6-2). The “Capital
49
19th Capital Group Annexation Staff Report, #A-07006 7
Facilities Overlay District” is intended to establish a priority area for development
within the larger scope of the Bozeman 2020 Community Plan future land use plan. 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.
Resolution No. 3907 Policies
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 recommended terms of annexation include the provision for fifteen feet of
additional Right of Way on the South side of Kagy Boulevard will be require to be
dedicated to complete the south half of the total Right of Way of 120’ for a principal
arterial street standard. The terms of annexation also include waivers of right-to-protest
against the creation of improvement districts for park maintenance, street
improvements, stormwater improvements, water and sewer service.
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.
The property is currently designed Community Commercial in the Bozeman
2020 Community Plan. This annexation, and the zoning proposed (#Z-07251),
would be in compliance with this 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 (#Z-07251) to establish
an initial municipal zoning designation of B-2 (Community Business District)
on 3.07-acres. The Zoning Commission held a public hearing on the Zone Map
Amendment application on Wednesday, December 18, 2007, and voted 3-0 in
favor of the requested zoning. A recommendation of approval is forwarded to
the Bozeman City Commission.
c. The applicant may indicate his or her preferred zoning classification as
part of the annexation application.
The applicant and owner have indicated that they prefer a zoning designation of
B-2 (Community Business District).
50
19th Capital Group Annexation Staff Report, #A-07006 8
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 property proposed for annexation fronts on Kagy Boulevard and S. 19th Avenue,
which are paved and designated as arterial roadways in the Greater Bozeman Area
Transportation Plan 2001 Update. The Annexation Agreement will include notice that
prior to future development, the applicant will be responsible for installing any facilities
required to provide full municipal services to the property in accordance with the City
of Bozeman’s facility plans and all City policies that may be in effect at the time of
development.
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 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 that the applicant executes a
promissory note or other appropriate document acceptable to the City.
The applicant will need to provide useable water rights, or an appropriate fee in
lieu, based on the zoning designations assigned to the property.
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 successor shall supply any additional water rights or
fees 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
51
19th Capital Group Annexation Staff Report, #A-07006 9
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 Annexation Agreement should contain provisions that discuss the developer’s
responsibility for extending the necessary services (water, sewer, streets, storm water
facilities, etc.) to the site under consideration. This would include language that the
existing structures shall be connected to municipal water and sewer upon further
development of the property or once instructed by the City of Bozeman; and that the
applicants should be made aware that at the time of any further development on the
properties, the land owners and their successors shall pay all additional impact fees At
such time that any site plan or further development proposal is considered by the City of
Bozeman, the extension of services will be determined in detail based upon the type of
development being reviewed by the advisory and decision-making bodies.
The DRC 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 any subsequent review for
further development of the property.
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 being contracted.
No City services are currently being contracted. With further development of the
property, municipal infrastructure will be extended to the site. The terms of annexation
specify that existing structures shall be connected to municipal water and sewer upon
further development of the property or once instructed by the City of Bozeman.
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 must be provided
with the Annexation Agreement. Typically, this includes an 18-inch x 24-inch mylar
map, a reduced 8½-inch by 11 or 14-inch annexation map exhibit, and a digital copy
containing the metes and bounds legal description of said property. Mapping
requirements are addressed in the terms of annexation.
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 the Bozeman Growth Policy and other policies as they are developed.
The terms of annexation require the existing structures shall be connected to municipal
water and sewer upon further development of the property or once instructed by the
City of Bozeman. Water and sewer impact fees will be required from the landowners or
successors upon connection.
52
19th Capital Group Annexation Staff Report, #A-07006 10
At the time of any further development on the properties, the land owners or their
successors shall pay all additional impact fees required by Chapter 3.24, Bozeman
Municipal Code.
Policy 10: Public notice requirements shall be in compliance with Montana Code Annotated.
In addition, notice shall be posted in at least one conspicuous location on the site in
question, and mailed 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 action to approve or deny
the annexation by the City Commission, specifying the date, time and place the
annexation will be considered by the City Commission. The notice shall contain
the materials specified by Section 18.76.020.A, BMC. In addition, where a
commonly identifiable street address is not visible on the property to be annexed,
the notice shall provide a map of the area in question so as to indicate its general
location and proximity to surrounding properties.
Notices of the public hearing have been sent and posted on the site as set forth under
this policy.
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.
This policy is specified in the recommended terms of annexation.
Policy 12: When possible, the use of Part 46 annexations is preferred.
This application is being processed as a Part 46 annexation.
AGENCY REVIEW
The Planning Department has requested written summary-review comments from the Bozeman
Development Review Committee and other applicable review agencies regarding the request for
annexation. Comments received as of the writing of this Staff Report have been outlined above
according to the goals and policies of City Commission Resolution No. 3907. Additional comments
and/or recommendations received prior to consideration of this request for annexation by the City
Commission will be forwarded to the governing body.
PUBLIC COMMENT
No public comment has been received.
Any comments received after the writing of the Staff Report will be distributed to Commissioners at
the public meeting.
SUMMARY & CONCLUSION
The Planning Department, Development Review Committee, and other local review agencies have
reviewed the request for annexation and have provided the above comments as they relate 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 Department recommends that the terms of
53
19th Capital Group Annexation Staff Report, #A-07006 11
annexation listed in this Staff Report be addressed prior to acknowledging the Annexation Agreement
and formal annexation of said property.
REPORT SENT TO
19th Capital Group, LLC, 19 Lariat Loop, Bozeman, MT 59715
C & H Engineering and Surveying, Inc., 1091 Stoneridge Drive, Bozeman, MT 59718
ATTACHMENTS
Applicant’s submittal materials
54
Page 1 Appropriate Review Fee Submitted
CITY OF BOZEMAN
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
Alfred M. Stiff Professional Building
20 East Olive Street
P.O. Box 1230
Bozeman, Montana 59771-1230
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net
DEVELOPMENT REVIEW APPLICATION
1. Name of Project/Development:
2. Property Owner Information:
Name: E-mail Address:
Mailing Address:
Phone: FAX:
3. Applicant Information:
Name: E-mail Address:
Mailing Address:
Phone: FAX:
4. Representative Information:
Name: E-mail Address:
Mailing Address:
Phone: FAX:
5. Legal Description:
6. Street Address:
7. Project Description:
8. Zoning Designation(s): 9. Current Land Use(s):
10. Bozeman 2020 Community Plan Designation:
55
Page 2
(Development Review Application – Prepared 11/25/03)
11. Gross Area: Acres: Square Feet: 12. Net Area: Acres: Square Feet:
13. Is the Subject Site Within an Overlay District? Yes, answer question 13a No, go to question 14
13a. Which Overlay District? Casino Neighborhood Conservation Entryway Corridor
14. Will this application require a deviation(s)? Yes No
15. Application Type (please check all that apply): O. Planned Unit Development – Concept Plan
A. Sketch Plan for Regulated Activities in Regulated Wetlands P. Planned Unit Development – Preliminary Plan
B. Reuse, Change in Use, Further Development Pre-9/3/91 Site Q. Planned Unit Development – Final Plan
C. Amendment/Modification of Plan Approved On/After 9/3/91 R. Planned Unit Development – Master Plan
D. Reuse, Change in Use, Further Development, Amendment /COA S. Subdivision Pre-application
E. Special Temporary Use Permit T. Subdivision Preliminary Plat
F. Sketch Plan/COA U. Subdivision Final Plat
G. Sketch Plan/COA with an Intensification of Use V. Subdivision Exemption
H. Preliminary Site Plan/COA W. Annexation
I. Preliminary Site Plan X. Zoning Map Amendment
J. Preliminary Master Site Plan Y. Unified Development Ordinance Text Amendment
K. Conditional Use Permit Z. Zoning Variance
L. Conditional Use Permit/COA AA. Growth Policy Map Amendment
M. Administrative Project Decision Appeal BB. Growth Policy Text Amendment
N. Administrative Interpretation Appeal Other:
This application must be accompanied by the appropriate checklist(s), number of plans or plats, adjoiner information and materials, and fee
(see Development Review Application Requirements and Fees). The plans or plats must be drawn to scale on paper not smaller than 8½-
by 11-inches or larger than 24- by 36-inches folded into individual sets no larger than 8½- by 14-inches. If 3-ring binders will be used,
they must include a table of contents and tabbed dividers between sections. Application deadlines are 5:00 pm every Tuesday. This
application must be signed by both the applicant(s) and the property owner(s) (if different) before the submittal will be accepted.
As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this application for review under the terms and
provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken to complete a development, approved by the
City of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special conditions established by
the approval authority. Finally, I acknowledge that the City has an Impact Fee Program and impact fees may be assessed for my project.
I (We) hereby certify that the above information is true and correct to the best of my (our) knowledge.
Applicant’s Signature: Date:
Applicant’s Signature: Date:
Property Owner’s Signature: Date:
Property Owner’s Signature: Date:
Property Owner’s Signature: Date:
56
Page 3
(Annexation Checklist – Prepared 12/05/03; revised 9/8/04, revised 5/30/06)
ANNEXATION CHECKLIST
This checklist shall be completed and returned as part of the submittal. Any item checked “No” or “N/A” (not applicable)
must be explained in a narrative attached to the checklist. Incomplete submittals will be returned to the applicant.
A. The following questions pertain to the goals adopted by the City Commission in Commission Resolution No. 3137.
Annexation Goals Yes No N/A
1. Is the property contiguous to the City of Bozeman?
2. Is the property wholly surrounded by the City of Bozeman?
3. Is the property currently contracting with the City for municipal services such as water,
sanitary sewer and or fire protection?
a. If so, which City services are currently being contracted for?
4. Does the property lie with the service boundary of the existing sewer system as depicted in the
City’s growth policy?
B. The following questions pertain to the policies adopted by the City Commission in Commission Resolution No. 3137.
Annexation Policies Yes No N/A
1. Is the property owner(s) willing to dedicate needed easements and/or right-of-way for
collector and arterial streets?
2. Is the property owners(s) willing to sign waivers of right to protest the creation of future
Special Improvement Districts to provide the essential services for future development of the
City?
3. Is the property owner(s) willing to transfer usable water rights, or an appropriate fee in-lieu
thereof, to serve the expected population of the land when fully developed?
4. Does the desired future development of the subject property conform to the City’s growth
policy? If not, a growth policy amendment will be necessary to accommodate the anticipated
uses, which may be initiated by the applicant and reviewed concurrently with this application.
a. If a growth policy amendment is necessary, is it included with this application?
5. The property will need to be rezoned with an initial urban zoning designation. The zone map
amendment will be reviewed concurrently with this application. Is a zoning map amendment
application included with this application?
6. Do unpaved county roads comprise the most commonly used route to gain access to the
property?
7. If it is found that adequate services cannot be provided to ensure public health, safety and
welfare, has the property owners(s) provided a written plan for the accommodation of these
services?
8. Does the property owner acknowledge that the City of Bozeman assesses a system
development/impact fee and agrees to pay any applicable development/impact fees in
accordance with Chapter 3.24 of the Bozeman Municipal Code?
C. Supplemental Information. Please provide the following information to assist the City in the review of this
application:
1. If the property is currently in agricultural use, please identify the crops.
2. Number of residential units existing on the property.
3. Number and type of commercial structures existing on the property.
4. Estimate of existing population of the property.
5. Assessed value of the property.
6. Existing on-site facilities and utilities (gas, power, telephone, cable, septic systems, wells, etc.).
7. Any additional information you feel would assist in the review of this application.
57
Page 4
D. Mapping Requirements. The annexation map shall contain the following information. The map shall include the
vicinity within one-half mile surrounding the subject property.
Mapping Requirements Yes No N/A
1. Scale not greater than 1 inch to 20 feet nor less than 1 inch to 100 feet
2. Scale, north point arrow and date of preparation
3. Subject property well defined
4. Land use pattern of surrounding area
5. Existing zoning of surrounding property
6. Boundaries of proposed zoning (if more than one designation being requested) well defined
7. Proximity of all existing and proposed water and sewer mains and extensions
8. Location of all structures on the subject property
9. Adjacent streets and street rights-of-way
10. Existing on-site streets and street rights-of-way
11. Water bodies and wetlands
I (We), the undersigned, hereby certify that the information contained in this application is true and correct to the best
of my (our) knowledge.
Property Owner’s Signature(s) Date
State of
County of
On this day of , 20 , before me, a Notary Public for the State of ,
personally appeared ,
known to me to be the person(s) whose name(s) is(are) subscribed to the above instrument and acknowledge to me that
he/she/they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above
written.
Notary Public for State of
Residing at
My Commission Expires
58
ANNEXATION CHECKLIST SUPPLEMENTAL INFORMATION
19 CAPITAL GROUP ANNEXATIONth
1.If the property is currently in agriculatural use, please identify the crops.
The property is not in agricultural use.
2.Number of residential units existing on the property.
One
3.Number and type of commercial structures existing on the property.
None.
4.Estimate of existing population of the property.
2 persons.
5.Assessed value of the property.
The land is currently assessed at a value of $57,447.00 and the buildings are assessed at
$161,500.00. The full value is $28,947.00 with a 2006 taxable market value of $130,340.00.
6.Existing on-site facilities and utilities (gas, power, telephone, cable, septic systems, wells, etc.).
The existing home is currently serviced by gas, power, telephone and cable. There are several
utility boxes and two overhead power poles fronting the property along South 19 Avenue. Theth
electrical connection to the house comes in via an overhead line. The house is connected to a
well on the south side and a septic system is located on the north side. The driveway approach
is located on Kagy Boulevard near the western property line.
G:\c&h\06\06586\Office\AnnexationSupplementalinfo.wpd
59
60
61