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HomeMy WebLinkAboutApprove Wenzel-Smiley Annexation-parcels Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Chris Saunders Andrew Epple Chris Kukulski SUBJECT: A-09001, Wenzel-Smiley Part 46 Annexation at 2502 W. Babcock Street MEETING DATE: Monday, July 20, 2009 AGENDA ITEM TYPE: Consent RECOMMENDATION: Approve annexation of the parcels at 2502 W. Babcock Street, known as the Wenzel-Smiley annexation. BACKGROUND: The City received an application for annexation on May 27, 2009. The property is located at 2502 West Babcock Street and is wholly surrounded by the City. The annexation is desired to gain access to City water and sewer services. The parcel is about .42 acres in size and has a single home on it. The application is eligible for, and has been processed as a Part 46 annexation. No public hearing is required for a Part 46 annexation. The application satisfies goals and policies of Commission Resolution 3907 as shown in the staff report. FISCAL EFFECTS: Effects are expected to be minor but positive as the property will begin to participate in local special districts. ALTERNATIVES: As suggested by the City Commission. Attachments: Application Staff Report Report compiled on: July 15, 2009 160 CITY COMMISSION STAFF REPORT WENZEL-SMILEY ANNEXATION FILE NO. #A-09001 #A-09001 Wenzel-Smiley Annexation Staff Report 1 Item: Annexation Application #A-09001 -- An application requesting to annex 0.4282 acres of residential land at 2502 West Babcock Street Owner/Applicant: Steve Wenzel and Susan Smiley, 52 Stafford Avenue, Bozeman, MT 59718 Date: Before the Bozeman City Commission on Monday, July 20, 2009, 6:00 p.m., in the Commission Room, City Hall, 121 N Rouse Avenue, Bozeman MT. Report By: Chris Saunders, Assistant Director Recommendation: Approval with Contingencies ____________________________________________________________________________________ PROJECT LOCATION The subject property is legally described as Certificate of Survey 63 & the plat shown on File 144 page 538, book of deeds, situated in the SE ¼, Section 11, T2S, R5E, PMM, Gallatin County, Montana, being approximately 0.4282± acres in size. The site is located at the southwest of the intersection of West Babcock Street and North 25th Avenue. Please refer to the vicinity map below . Vicinity Map 161 #A-09001 Wenzel-Smiley Annexation Staff Report 2 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. That the documents and exhibits to formally annex the subject property shall be identified as “Wenzel-Smiley Annexation”. 2. 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. 3. That provision 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. 4. 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. 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. 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. 7. An Annexation Map, titled “Wenzel-Smiley Residence 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. 8. 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 162 #A-09001 Wenzel-Smiley Annexation Staff Report 3 approval shall be null and void. 9. If the property is redeveloped the applicant will coordinate development of and extend future parks and trails with parks and trails in adjacent redevelopment. 10. Prior to Annexation, payback amounts as determined by the City Engineering Department shall be provided for the following payback districts: Main Mall Sewer, SID 622 Water, and West Babcock Street SID. 11. Within 6 months following annexation, the existing residence on the property shall connect to existing water and sewer services. The existing on-site wastewater treatment system must be properly abandoned in accordance with County and/or State regulations. Existing wells used for domestic purposes may be retained for irrigation purposes, but no physical connection to the domestic water piping is allowed. 12. A Public Street and Utility Easement shall be granted for West Babcock Street that provides for a total right-of-width of 45 feet south of centerline of the road, which is one-half of the collector standard as shown in the Greater Bozeman Area Transportation Plan. PROPOSAL The applicant is requesting to annex the subject property to the corporate limits of the City of Bozeman for the previously described 0.4282± 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 substantial slopes) 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, Zoning District #1, and is currently zoned as “R” (Residential District). The intent of the “R” residential district is to develop residences and provides for single household and two-household residences as primary uses. BACKGROUND The parcel is one of a group of three wholly surrounded residential parcels near the intersection of 25th Avenue and Babcock Street. The existing single household residence was constructed in 1954. The City has been annexing individual properties along the Babcock corridor as applications have been received. The site has a failed on-site septic system and City water and sewer services are immediately adjacent. ADJACENT LAND USES & ZONING The subject property is currently occupied by a single family residence. The site was developed as a single lot and not as part of a larger subdivision. 163 #A-09001 Wenzel-Smiley Annexation Staff Report 4 The following land uses and zoning are adjacent to the subject property: North: Primarily annexed lands zoned “R-3” (Residential Medium Density District) and “R-2” (Residential Two-household, Medium Density District) with some unannexed County areas to the NW along Western Drive. South: Annexed lands zoned B-2 (Community Business District). East: Unannexed county lands zoned “R” (County Zoning District One) developed as single household. West: Annexed land zoned “R-3” (Residential Medium Density District). 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, south, and the west side of the property. 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. 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 easement immediately to the west 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 164 #A-09001 Wenzel-Smiley Annexation Staff Report 5 depicted in the Bozeman Growth Policy, and to encourage annexations within the urban growth area identified in the Bozeman Growth Policy. The property is located within the service area of the sewer system with mains located along the west and north edges of the property. The area is within the residentially planned portion of the growth policy. The site is considered an infill annexation. 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 property is adjacent to West Babcock Street. Improvements to West Babcock were partially funded by an SID. There is a payback/catch-up provision in place for annexation of properties during the SID duration. No waivers for SIDs have been identified as necessary, with the exception of the waiver for a parks maintenance district. Water rights will be provided in accordance with the City’s adopted cash-in-lieu policy. Provision of a street easement will be necessary to complete the required right-of-way for West Babcock Street as depicted in the transportation plan. 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 designated as Residential in the adopted Growth Policy. The “Residential” land use classification indicates locations within the Planning Area where the land development pattern is expected to be urban in nature. Based on the description in Chapter 3 of the Bozeman Community Plan, the proposed annexation will conform to 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-3”, Residential Medium Density District which is adjacent to the property on two sides. c. The applicant may indicate his or her preferred zoning classification as part of the annexation application. 165 #A-09001 Wenzel-Smiley Annexation Staff Report 6 The applicant has applied for a Zone Map Amendment to amend the City of Bozeman Zone Map and establish an initial “R-3”, Residential Medium Density District. The Bozeman Zoning Commission considered the applicant’s zoning request after receiving public testimony and the recommendation of the Planning Office on July 7, 2009. An overview of the requested zoning is contained in the staff report for the accompanying zone map amendment, Z-09097. The recommendation of the Zoning Commission is provided in Zoning Resolution No. Z-09097 and will be considered on July 20, 2009 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 access to the property is along Babcock Street which is a paved road. 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 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. 166 #A-09001 Wenzel-Smiley Annexation Staff Report 7 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. These facilities have been designed to accommodate service to this area. Connection to municipal infrastructure will discourage the potential of groundwater degradation and contamination of existing wells in the immediate area. The annexation will allow the removal of an on-site septic system within 370 feet of an active stream. 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 services are currently being provided. The applicants have applied for municipal sewer connection prior to annexation. Connection both water and sewer services will be made after annexation. 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 annexing 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. 167 #A-09001 Wenzel-Smiley Annexation Staff Report 8 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. Any public testimony submitted to the Planning Office will be forwarded to the City Commission for consideration. 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: Steve Wenzel and Susan Smiley, 52 Stafford Avenue, Bozeman, MT 59718 168 169 170 171 172 173 174 175 176