HomeMy WebLinkAboutRevised Public Hearing for Christenot Annexation Application
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Doug Riley, Associate Planner
Tim McHarg, Planning Director
SUBJECT: Christenot Annexation #A-11001
MEETING DATE: August 29, 2011
AGENDA ITEM TYPE: Action
RECOMMENDATION: The City Commission adopts the provided findings and approves the
annexation, with the 10 recommended terms of annexation listed on Pages 2-4 of the Staff
Report, and directs staff to prepare an annexation agreement for signature by the parties.
Note: This agenda item is related to the following (corresponding) Zone Map Amendment
request on the agenda but procedurally is required to be reviewed prior to the Zone Map
Amendment. The public comment received to date on this project has been in relation to the
Zone Map Amendment.
RECOMMENDED MOTION: Based upon the analysis and findings in the Staff Report, I
move to approve the the annexation, with the 10 recommended terms of annexation listed
on Pages 2-3 of the Staff Report, and direct staff to prepare an annexation agreement for
signature by the parties.
BACKGROUND: The property owner and applicant, Paul Christenot, Executor for Orville
Christenot RLT, represented by Madison Engineering, proposes to annex the 6.663 acre subject
property to the corporate limits of the City of Bozeman and to establish an initial municipal
zoning designation of R4 (Residential High Density District). The purpose of the annexation and
zone map amendment request is to obtain municipal infrastructure and services in order to
develop the property for residential purposes as outlined in the Bozeman Community Plan. The
underlying Future Land Use designation for the property is “Residential”. There is currently an
existing home and associated accessory buildings located on the northern portion of the property
along Durston Road. The southern portion of the property is currently undeveloped. On July 27,
2011 the Development Review Committee (DRC) recommended approval of the application and
their recommended terms of annexation and comments are included in the attached report.
UNRESOLVED ISSUES: In the representative’s June 29th application letter, several special
requests were made in regards to deferring or eliminating typical annexation related fees. These
can be summarized as follows:
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1) Deferring the Durston Road Special Improvement District (SID) payments for the
property until occupancy for any new construction.
2) Eliminating the requirement for connection of the existing home to sewer and water and
the levying of any impact fees for that existing dwelling.
3) Deferral of cash-in-lieu of water rights until occupancy of new construction.
City staff and the DRC cannot support the granting of any of these requests. The City’s
annexation policies and past practices have required the payment of these types of fees at time of
annexation. This property has benefited from the Durston Road improvements that were
completed via the Special Improvements District. Regarding the request to not connect the
existing home to sewer and water, the City has been very consistent with this connection
requirement and the applicant would have 60 days following annexation to complete this
connection. While impact fees for this connection will be required, the property will get credit
for that structure’s connection (if the structure is removed to allow redevelopment) towards new
development. Finally, City policy has been (and is now codified in Section 18.42.180.C) to
require payment of cash in-lieu of water rights, or usable water rights, for parcels under 10 acres
in size at time of annexation. Section 18.42.180.C specifically indicates that “provisions of water
rights or payment-in-lieu may be deferred by phase for phased developments or annexations
when the phase or annexation is in excess of 10 acres” (in this case this property is 6.663 acres in
size).
Staff would be very concerned with the precedent the granting of these requests would set as any
“future development parcel” would certainly want to make the same deferment requests.
ALTERNATIVES: The City Commission could decide to not annex the property.
FISCAL EFFECTS: Annexing the property and establishing the new municipal zoning will
enable future development with connection to the City sewer and water services and service by
the public services (police, fire, streets, etc.) of the City. This would increase tax values and
corresponding revenue from the property. The City will accrue additional costs to service the
property with municipal services.
Attachments: Applicant’s submittal materials, Staff Report.
Report compiled on: August 18, 2011
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#A-11001 Christenot Annexation Staff Report 1
City Commission Staff Report for the
Christenot Annexation - File #A-11001
Item: Annexation Application #A-11001, an application requesting annexation of 6.663 acres located
on the south side of Durston Road which is addressed as 5200 Durston Road.
Applicant/Owner:
Paul Christenot, Executor for Orville Christenot RLT
2400 Durston Road #68
Bozeman, MT 59718
Representative:
Madison Engineering
895 Technology Blvd., Suite 203
Bozeman, MT 59718
Date: Bozeman City Commission on Monday, August 29, 2011 at 6:00 PM in the Commission
Meeting Room, City Hall, 121 North Rouse Avenue, Bozeman, Montana
Report By: Doug Riley, Associate Planner
Recommendation: Approval with Terms of Annexation
______________________________________________________________________________
Project Location
The subject property is located on the south side of Durston Road across from Springbrook Avenue and
is addressed as 5200 Durston Road. The approximately 6.663 acres is legally described as a portion of
Tract 6, Smith Subdivision located in the NW 1/4 of Section 11, T2S, R5E, PMM, Gallatin County,
Montana. Please refer to the vicinity map below.
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#A-11001 Christenot Annexation Staff Report 2
Proposal
The property owner and applicant, Paul Christenot, Executor for Orville Christenot RLT, represented by
Madison Engineering, proposes to annex the approximately 6.663-acre subject property to the corporate
limits of the City of Bozeman and establish an initial municipal zoning designation of R4 (Residential
High Density District). The purpose of the annexation and zone map amendment request is to obtain
municipal infrastructure and services in order to develop the property for residential purposes as outlined
in the Bozeman Community Plan. The underlying land use designation for the property is “Residential”.
There is an existing home and associated accessory buildings on the northern portion of the subject
property along Durston Road. The southern portion of the property is currently vacant.
On July 27, 2011 the Development Review Committee (DRC) recommended approval of the annexation
application and their recommended terms of annexation and comments are included in this report.
Recommended Terms of Annexation
Should the City Commission choose to accept the request for annexation, the DRC has recommended
that the following terms of annexation be addressed prior to acknowledging the Annexation Agreement
and formal annexation of said property:
Planning Terms
1. That the documents and exhibits to formally annex the subject property shall be identified as the
“Christenot 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 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 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.
5. An Annexation Map, titled “Christenot 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.
6. 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.
Engineering Terms
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7. Applicant shall provide and file with the County Clerk and Recorder's office executed Waivers
of Right to Protest Creation of SIDs for the following:
A. Street improvements including paving, curb/gutter, sidewalk and storm drainage facilities for
the following streets:
a. Fowler Avenue
B. Signalization Improvements for the following intersections:
a. Durston Road/27th Ave.
b. Durston Road/Fowler Ave.
c. West Babcock St/Fowler Ave.
The documents filed shall specify that in the event an S.I.D. is not utilized for the completion of
these improvements, the developer agrees to participate in an alternate financing method for the
completion of said improvements on a fair share, proportionate basis as determined by square
footage of property, taxable valuation of the property, traffic contribution from the development
or a combination thereof.
8. The owner shall provide a public street and utility easement for West Villard Street. The
easement shall be 60 feet wide which is the local street standard as shown in the Greater
Bozeman Area Transportation Plan.
9. Upon annexation, the existing structures shall be connected to municipal services unless
approved otherwise by the Commission and all provisions of 18.38.030.D of the UDO are met.
10. The Durston Road SID payback shall be made and the SID payments shall commence at the time
of annexation unless otherwise approved by the Commission.
Zoning Designation & Land Uses
The following land uses and zoning are adjacent to the subject property:
North (Across Durston Road): Residential; Zoned: R-1 (Residential Single-Household Low
Density District)
South: Residential; Zoned R-1 and R-2 (Residential Two-Household Medium Density District)
East: Residential and School; Zoned R-4 (Residential High Density District)
West: Residential and vacant: Unannexed County Land – Designated “Residential” on the City
of Bozeman Future Land Use Map
Adopted Growth Policy Designation
The subject property is recognized as “Residential” on Figure 3-1 (Future Land Use Map) of the
Bozeman Community Plan. The Residential land use designation of the Bozeman Community Plan
indicates that:
“This category designates places where the primary activity is urban density dwellings. Other uses
which complement residences are also acceptable such as parks, low intensity home based occupations,
fire stations, churches, and schools. High density residential areas should be established in close
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proximity to commercial centers to facilitate the provision of services and employment opportunities to
persons without requiring the use of an automobile. Implementation of this category by residential
zoning should provide for and coordinate intensive residential uses in proximity to commercial centers.
The residential designation indicates that it is expected that development will occur within municipal
boundaries, which may require annexation prior to development.
The dwelling unit density expected within this classification varies between 6 and 32 dwellings per net
acre. A higher density may be considered in some locations and circumstances. A variety of housing
types can be blended to achieve the desired density. Large areas of single type housing are 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
category. All residential housing should be arranged with consideration of compatibility with adjacent
development, natural constraints such as watercourses or steep slopes, and in a fashion which advances
the overall goals of the Bozeman growth policy. The residential designation is intended to provide the
primary locations for additional housing within the planning area.”
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 within this
report 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
As of the writing of this staff report, the City of Bozeman Department of Planning and Community
Development has not received any public testimony specific to the annexation. (Public comment has
been received regarding the zoning of the subject property and is addressed under that agenda item and
those packet materials). Any written comments received by the Planning Office specific to the
annexation will be forwarded to the City Commission during the public hearing.
Review Criteria & Staff findings
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 subject property (and some additional un-annexed neighboring properties) are surrounded by the
City.
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 property is not currently contracting with the City for any services.
Goal 4: It shall be the goal of the City of Bozeman to require annexation of all land proposed for
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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 adopted 2007
Bozeman Wastewater Facilities Plan.
The subject property also lies within the Bozeman Community Plan planning boundary, and the “Capital
Facilities Overlay District.” The “Capital Facilities Overlay District” is intended to establish a priority
area for development within the larger scope of the Bozeman Community 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 Community 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 terms of annexation include waivers of right-to-protest against the creation of improvement districts
for park maintenance, street and stormwater improvements. The annexation agreement would also
require the dedication of street and utility easements for W. Villard Street (Engineering Term #8).
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 “Residential” within the Bozeman Community Plan. This annexation, and
the zoning proposed (#Z-11001), 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-11170) to establish an initial municipal
zoning designation of R-4 (Residential High Density District) on the 6.663 acres. The Zoning
Commission held a public hearing on the Zone Map Amendment application on August 16, 2011, and
voted 4-0 against a recommendation of the proposed R-4 zoning. (The zone map amendment and the
Zoning Commission’s recommendation are addressed under that respective action item and packet
materials).
c. The applicant may indicate his or her preferred zoning classification as part of the annexation
application.
The applicant/owner have indicated that they prefer a zoning designation of R-4 (Residential High
Density District) and that item is addressed under that agenda item and packet materials.
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 application processing and review fees accompanied the application.
Policy 4: It shall be the general policy of the City that annexations will not be approved where
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unpaved county roads will be the most commonly used route to gain access to the property.
The property proposed for annexation fronts on Durston Road which is paved and designated as an
arterial roadway in the Greater Bozeman Area Transportation Plan. West Villard Street (to the east) and
Meriwether Avenue (to the south) are paved local streets that have been stubbed to the property’s
boundaries to allow for connection to this property. 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 an
amount determined by the Director of public service and/or as assigned to the property as indicated in
the recommended terms of annexation.
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 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.
Full City infrastructure and emergency services are immediately available to the subject property. 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/into 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
(within 60 days of annexation); 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
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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 into the site.
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.
Water and sewer impact fees will be required from the landowner or successors upon connection.
At the time of any further development on the property, the land owner 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 in several locations 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 annexation is being processed under Part 46 provisions.
Summary and Conclusion
The Planning Department, DRC and other local review agencies have reviewed the request for
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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, staff recommends that the terms of annexation listed in this Staff Report be addressed prior
to acknowledging the Annexation Agreement and formal annexation of said property.
Attachments: Applicant’s Submittal Materials
Report Sent to: Paul Christenot, Executor for Orville Christenot RLT, 2400 Durston Road #68,
Bozeman, MT 59718
Madison Engineering, 895 Technology Blvd., Suite 203, Bozeman, MT 59718
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