HomeMy WebLinkAboutEvans Annexation No. A-10002.pdf Report Complied On June 1, 2010
REPORT TO: Honorable Mayor & City Commission
FROM: Doug Riley, Associate Planner
Chris Saunders, Interim Planning Director
Chris Kukulski, City Manager
SUBJECT: Evans Annexation #A-10002
MEETING DATE: June 7, 2010
AGENDA MEETING ITEM: Action
RECOMMENDATION: The City Commission adopts the provided findings and approves the
annexation, with the 11 recommended terms of annexation listed on Pages 2-3 of the Staff Report, and
directs staff to prepare an annexation agreement for signature by the parties.
BACKGROUND: McRay and Delone Evans of 1524 South Rouse Avenue propose to annex 1.925+-
acres into the City of Bozeman. The purpose of the annexation request is to allow connection to
municipal water and sanitary sewer services and to obtain other essential public services (e.g. police and
fire). The owner/applicant’s, who currently live in the adjoining lot to the west, (already within the City
limits), have indicated in meetings with staff, that upon annexation and zoning approval, they intend to
construct one (1) single family home on the property and move to this property. Having this home
connected to municipal sewer and water is beneficial for the future protection of the groundwater,
Bozeman Creek and the other existing wells in this area. The subject property is currently vacant with
the exception of a storage building and some miscellaneous materials. Trees line Bozeman Creek along
the property’s east boundary. Existing right-of-way for East Lincoln Street runs along the property’s
north boundary.
A concurrent zone map amendment application has also been submitted to establish an initial municipal
zoning designation of R-1 (Residential, Single Household Low Density District) and is included as a
subsequent agenda item. The R-1 zoning request has been recommended for approval by Staff and the
Zoning Commission as noted in those packet materials.
Annexations of this type (Part 46) are typically placed on the consent agenda for the City Commission.
This annexation was placed on the Action portion of the agenda as some of the comments/concerns
expressed at the Zoning Commission meeting for the R-1 zone map amendment are actually items being
addressed under the terms of annexation.
This includes recommended terms of annexation #4 and #5 (page 2 & 3 of the staff report) which
provide notice and advisement, as part of the annexation agreement, that any development or
subdivision of the property, beyond the construction of one single family residence will require the
provision of full municipal services to the property in accordance with the City’s infrastructure Master
Commission Memorandum
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Report Complied On June 1, 2010
Plan, adopted Growth Policies, and all city policies and guidelines that may be in effect at the time of
development. This may include, but not be limited to, construction/extension of E. Lincoln Street along
the entire northern boundary of the property along with sewer and water main extensions.
As analyzed in the staff report on page 6 (Annexation Policy #2) “Issues pertaining to master planning
and zoning shall be addressed in conjunction with the application for annexation”, this property is also
located within the Bozeman Creek Neighborhood Plan area. In order to demonstrate zoning compliance
for the construction of a home on the property, and to accomplish the objectives of the Bozeman Creek
Neighborhood Plan on protecting the watershed, recommended terms of annexation #10 requires the
applicant to submit a map delineating the location of the 100 year floodplain and required watercourse
setback along Bozeman Creek (in accordance with the terms of the BMC) prior to the City Commission
adopting the Resolution of Annexation and accepting the Annexation Agreement. In addition,
recommended annexation term #11 requires that any structures or storage of material or equipment
owned by the applicant shall be removed from the E. Lincoln Street right-of-way and/or Bozeman Creek
floodplain prior to the City Commission adopting the Resolution of Annexation and accepting the
Annexation Agreement.
Lastly, as discussed in the staff report on page 5 (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 Bozeman Creek Neighborhood Plan calls for the granting of a
trail easement along Bozeman Creek (within the watercourse setback). Recommended term of
annexation #9 requires the applicant to provide this trail easement (but does not require trail
construction) prior to the finalization of the annexation agreement.
UNRESOLVED ISSUES: None determined at this time.
ALTERNATIVES: 1) Approve the annexation with the findings and terms as recommended
above by Staff.
2) Approve the annexation with revised findings and additional terms as
directed by the City Commission.
3) Deny the annexation request.
FISCAL EFFECTS: Annexing the property and establishing the new municipal zoning will enable the
applicant to construct a home and connect to the City sewer and water adjacent to the subject property.
This would increase tax values and corresponding revenue from the property. The City will accrue
additional costs to service the property with municipal service.
Attachments: Staff Report
Aerial Photograph
Applicant’s Submittal Materials
Public Comment
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CITY COMMISSION STAFF REPORT
EVANS ANNEXATION FILE NO. #A-10002
#A-10002 Evans Annexation Staff Report 1
Item: Annexation Application #A-10002 -- An application requesting to
annex 1.925+- acres of land described as Tract 1, COS No. 688, SE ¼
of Sec. 18, T2S, R6E, PMM, Gallatin County, Montana
Owner/Applicant: McRay and Delone Evans
1524 South Rouse Avenue
Bozeman, MT 59715
Representative: TD&H, Inc. (Steven C. Anderson)
108 West Babcock
Bozeman, MT 59715
Date: Before the Bozeman City Commission on Monday, June 7, 2010, 6:00
p.m., in the Commission Meeting Room, City Hall, 121 North Rouse
Avenue Bozeman, Montana
Report By: Doug Riley, Associate Planner
Recommendation: Approval with Contingencies
____________________________________________________________________________________
PROJECT LOCATION
The property is located directly behind (east) of the owner/applicant’s current home located at 1524
South Rouse Avenue on the southeast corner of S. Rouse Avenue and East Lincoln Street. The property
is legally described as: Tract 1, COS No. 688, SE ¼ of Sec. 18, T2S, R6E, PMM, Gallatin County,
Montana. The property under consideration is approximately 1.925 acres in size, excluding the adjacent
East Lincoln Street right of way. Bozeman Creek constitutes the east border of the property. Please refer
to the vicinity map on the following page and the aerial photo attached at the end of this report.
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RECOMMENDED CONDITIONS OF APPROVAL
The Planning Office has solicited comments from the Development Review Committee (DRC)
and other applicable review agencies regarding this 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, with the recommended terms of
annexation, 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 the
“Evans Annexation” and shall include the adjacent right-of-way for East Lincoln Street.
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 provisions for water rights or cash in-lieu of water rights be provided in an amount
determined by the City Engineer, prior to the City Commission adopting the Resolution of
Annexation and accepting the Annexation Agreement.
4. The property owner is advised that prior to development of the property, beyond the construction
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of a single family residence, that 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 shall include notice that prior to development of the property,
beyond the construction of a single family residence, 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, adopted Growth Policies, and all city policies and
guidelines that may be in effect at the time of development. This may include, but not be limited
to, construction/extension of E. Lincoln Street and sewer and water main extensions.
6. The land owners and their successors shall pay all fire, street, 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 “Evans 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
approval shall be null and void.
9. The applicant shall provide a 25 foot wide trail easement to the City of Bozeman in Zone 2 of the
required watercourse setback along Bozeman Creek under the terms of Section 18.42.100 of the
BMC prior to the City Commission adopting the Resolution of Annexation and accepting the
Annexation Agreement.
10. The applicant shall submit a map delineating the location of the 100 year floodplain and required
watercourse setback along Bozeman Creek (in accordance with the terms of the BMC) prior to
the City Commission adopting the Resolution of Annexation and accepting the Annexation
Agreement.
11. Any structures or storage of material or equipment owned by the applicant shall be removed
from the E. Lincoln Street right-of-way and/or Bozeman Creek floodplain prior to the City
Commission adopting the Resolution of Annexation and accepting the Annexation Agreement
PROPOSAL
The applicant is requesting to annex the subject property to the corporate limits of the City of Bozeman
for the previously described 1.925± acres of land. The purpose of the annexation request is to allow
connection to municipal water and sanitary sewer services and obtain other essential pubic services (e.g.
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police and fire). The owner/applicant, who currently lives in the adjoining lot to the west, (as shown on
the attached aerial photograph), has indicated in meetings with staff, that upon annexation and zoning
approval, they intend to construct one (1) single family home on the property and move to this property.
The subject property is currently vacant with the exception of a storage building. Trees line Bozeman
Creek along the property’s east boundary. Existing right-of-way for East Lincoln Street runs along the
property’s north boundary.
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
The owner/applicant, who currently lives in the adjoining lot to the west, (as shown on the attached
aerial photograph), has indicated in meetings with staff, that upon annexation and zoning approval, they
intend to construct one (1) single family home on the property and move to this property. This property
is one of the few properties in the southern portion of the Bozeman Creek Neighborhood Planning Area
that has both City sewer and water immediately available to serve the property through service
connections to the west (via the East Lincoln Street stub).
The landowner has also made application to the Bozeman Planning Office for a Zone Map Amendment
to establish a municipal zoning designation on the property to R-1 (Residential, Single Household Low
Density District) in conjunction with the annexation of the property into the City. The Zoning
Commission considered the “R-1” zoning request on May 4, 2010 and voted to recommend approval to
the City Commission on a 2-1 vote.
The intent of the “R-1” (Residential, Single Household Low Density) district is to provide for primarily
single-household residential development and related uses within the City at urban densities, and to
provide for such community facilities and services as will serve the area’s residents while respecting the
residential character and quality of the area.
ADJACENT LAND USES & ZONING
The subject property is currently vacant with the exception of a storage building and other miscellaneous
items. Trees line Bozeman Creek along the property’s east boundary. Existing right-of-way for East
Lincoln Street runs along the property’s north boundary.
The following land uses and zoning are adjacent to the subject property:
North: Residential Use, Zoned: “R-2” (Residential Two Household, Medium Density District).
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South: Vacant (West side of Bozeman Creek), Residential (East side of Bozeman Creek), Un-
annexed County Land.
East: (Across Bozeman Creek) Northwest Energy Substation, Un-annexed County Land.
West: Residential Use, Zoned “R-3” (Residential Medium Density District).
COMPLIANCE WITH THE 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 and west sides.
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 has un-annexed County property abutting it to the east and south. In the
larger context, the property is functionally surrounded by the City of Bozeman.
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 for this property.
Connection to municipal infrastructure for the site in question will be the responsibility of the
landowner at the time of development of said property. Currently there are sanitary sewer and
water services located in the East Lincoln Street right of way abutting the site to the west that can
serve home construction on the subject property.
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 subject property is located within the service area of the City sewer system and can be
served via a service line connection to the main in the East Lincoln Street right-of-way. The
property is also located within the urban growth area (identified as “Suburban Residential” land
use category) of the Bozeman Growth Policy. This site in 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
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improvement districts necessary to provide the essential services for future development of the
city.
The site is bound on the north by existing East Lincoln Street right-of-way (unimproved). As part
of the annexation, an additional 10.5 feet of right-of-way will be required to provide East
Lincoln Street with a full 60 feet of right-of-way. As reflected in the recommended terms of
annexation (term #5), construction of a single family home on the property does not trigger East
Lincoln Street road construction along the northern boundary of the property according to the
Bozeman Municipal Code (BMC). However, development beyond a single family home or
future subdivision of the property does require installing any facilities required to provide full
municipal services to the property in accordance with the City’s infrastructure Master Plan,
adopted Growth Policies, and all city policies and guidelines that may be in effect at the time of
development. This may include, but not be limited to, construction/extension of E. Lincoln Street
and sewer and water main extensions. Necessary waivers of right to protest have been identified
by the City Engineer’s Office and will be included in the annexation agreement.
This site is also located within the Bozeman Creek Neighborhood Plan area which is a sub-area
plan that was adopted by the City in 2004. The Plan’s introduction states that “this document
attempts to prevent the haphazard development of this area by protecting open spaces and by
encouraging well planned infill development that is compatible with both the existing adjacent
neighborhoods and the overall growth pattern of the City.” The Bozeman Creek Neighborhood
Plan also details the desirability of a trail/easement along the west side of Bozeman Creek for
this area and Implementation Strategy 5.2.2 Creating Open Space and Trails, item 10.b. states
that the “City of Bozeman should actively pursue the acquisition of trail easements and open
space through the development approval process.” Recommended term of annexation #9
requires that the applicant provide a 25 foot wide trail easement to the City of Bozeman in Zone
2 of the required watercourse setback along Bozeman Creek under the terms of Section
18.42.100 of the BMC (but does not require actual trail construction) prior to the City
Commission adopting the Resolution of Annexation and accepting 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.
The Future Land Use Map of the Bozeman Community Plan designates the property to develop
as “Suburban Residential.” The Plan indicates that “this category indicates locations generally
outside of City limits, but within the planning area, where a 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. The area is able to be served with municipal water and
sewer services with appropriate extensions of main lines. Any further development within this
area should be clustered to preserve functional open space. Individual septic and well services
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are discouraged. If development is proposed within reasonable access distances to waste water
and water services, annexation to the City should be completed prior to development”
(underlining added).
The requested “R-1” (Residential, Single Household Low Density) zoning district designation
for the property would implement the Suburban Residential land use designation. This site is
below 2 acres in size and can be served by municipal water and sewer via connection to the
mains that serve the residential areas along South Rouse Avenue to the west. The allowed R-1
District uses are also limited in intensity with the primary focus being single family homes and
accessory uses.
This site is also located within the Bozeman Creek Neighborhood Plan which is a sub-area plan
that was adopted by the City in 2004. The Plan’s introduction states that “this document attempts
to prevent the haphazard development of this area by protecting open spaces and by
encouraging well planned infill development that is compatible with both the existing adjacent
neighborhoods and the overall growth pattern of the City.” In that plan, the property is
designated within a large block of properties located on the west side of Bozeman Creek as
“Preferred Open Space”. In Section 5.1.1. (Land Use) of this plan, it indicates that “the land use
pattern depicted in the preferred alternative, which features significant amounts of open space,
represents a desired future land use pattern. However, this plan is not intended to impact the
right to legally use land; the plan recognizes that property owners have development rights
based on current zoning, and these property owners will be allowed to develop their land if they
comply with applicable City and/or County land development regulations.
In order to demonstrate zoning compliance for the construction of a home on the property, and to
accomplish the objectives of the Bozeman Creek Neighborhood Plan on protecting the
watershed, recommended term of annexation #10 and #11 require the applicant to submit a map
delineating the location of the 100 year floodplain and required watercourse setback along
Bozeman Creek (in accordance with the terms of the BMC) prior to the City Commission
adopting the Resolution of Annexation and accepting the Annexation Agreement. In addition,
recommended annexation term #11 requires that any structures or storage of material or
equipment owned by the applicant shall be removed from the E. Lincoln Street right-of-way
and/or Bozeman Creek floodplain prior to the City Commission adopting the Resolution of
Annexation and accepting the Annexation Agreement.
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 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. 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
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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 May 4, 2010. An overview of the
requested zoning is contained in the staff report for the accompanying zone map amendment Z-
10047. The recommendation of the Zoning Commission is provided in Zoning Resolution No. Z-
10047 and will be considered on June 7, 2010 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 from South Rouse Avenue and East Lincoln Street which are paved
to the edge of the subject property.
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,
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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 building permit issuance and construction of a
home on the property. Very importantly, connection to municipal infrastructure will discourage
the potential for 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
being contracted.
No services are currently being provided to this property. The applicants intend to seek
municipal sewer and water connections for new home construction 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 the 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 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 on
the subject property as noted in recommended term of annexation #6. Standard language
addressing this policy has been developed by the City Attorney for inclusion with all annexation
agreements.
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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. One letter (e-mail) of public
testimony opposing the request for annexation has been received as of this writing and is
attached at the end of the packet materials. Any additional public testimony submitted to the
Planning Office will be forwarded to the City Commission for consideration at the meeting.
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 could appear before the City Commission as a Consent Agenda
item. However, staff has placed this item on the action portion of the agenda as some of
the public comments made at the Zoning Commission hearing on this item are items
addressed as terms of annexation. This includes the requirement for trail easement
dedication and floodplain and watercourse setback delineations as called for in the
Bozeman Creek Neighborhood Plan and to demonstrate zoning compliance.
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 2 and 3 of this staff report be addressed
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prior to acknowledging the Annexation Agreement and formal annexation of said property.
Attachments: Aerial Photograph
Applicant’s Submittal Annexation Application
Public Comment
Report Sent To: McRay and Delone Evans, 1524 South Rouse Avenue, Bozeman, MT 59715
TD & H, Inc. (Steven C. Anderson), 108 West Babcock, Bozeman, MT 59715
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