HomeMy WebLinkAboutBozeman Public School District request for Annexation for 8th Elementary School, A-12002
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Doug Riley, Associate Planner
Tim McHarg, Planning Director
SUBJECT: 8th Elementary School Annexation #A-12002
MEETING DATE: June 4, 2012
AGENDA ITEM TYPE: Action (Legislative Item)
RECOMMENDATION: Review the applicant’s materials and the City’s annexation criteria and
findings included in the staff report. As determined by the City Commission to amend or add to
the 17 recommended terms of annexation listed on pages 3-6 of the Staff Report, approve the
annexation and authorize staff to negotiate a final annexation agreement with the applicant to be
presented for consideration at a future City Commission meeting.
RECOMMENDED MOTION: Based upon the analysis and findings in the staff report,
and as reviewed and discussed by the City Commission, I move to approve Annexation #A-
12002, with the 17 recommended terms of annexation listed on Pages 3-6 of the Staff
Report (or as amended by the City Commission), and direct staff to negotiate a final
annexation agreement with the applicant to be presented for consideration at a future City
Commission meeting.
BACKGROUND: The property owner, Vesta Fern Anderson, Baxter Ranch Holding, Ltd. and
applicant, Bozeman Public School District, represented by TD & H Engineering, proposes to
annex the 42.93 acre subject property to the corporate limits of the City of Bozeman and
establish an initial municipal zoning designation of PLI (Public Lands and Institutions District).
The applicant’s indicated intent for the property is the construction of an 8th elementary school
and possible future middle school. The underlying land use designation for the property is
“Residential” in which schools and PLI zoning are considered a complementary land use. The
property is currently vacant and used for agricultural purposes.
Attached to the staff report is a copy of the applicant’s April 30, 2012 letter and “Improvements
Phasing Plan” to supplement their annexation application to “clarify the District’s plan for
improvements associated with development of the subject property”. This phasing plan is
intended to address the provision of services findings required for annexations and specifically
Annexation Policy Item #6 as contained on page 9 of the staff report. That annexation policy
states: “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 the public health, safety and welfare, it shall be the general policy
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of the City to require the applicant to provide a written plan for accommodation of these
services, or not approve the annexation….”.
Compared to many annexations that do not have specific or immediate development plans, and
where the typical annexation agreement references future City review of improvements, the
School District has immediate plans for elementary school construction and has been working on
their site and associated development plans (as evidenced by the subsequent Site Plan Informal
Review Application also on the Commission agenda). Therefore, the applicant’s proposed
phasing/improvements plan, as well as staff’s recommended terms of annexation, are being
presented to the City Commission to address the annexation criteria assuring that an adequate
level of improvements are proposed to serve the indicated school uses. If authorized by the City
Commission, City staff and the School District will negotiate the final Annexation Agreement
and its terms to be presented for Commission consideration at a future meeting.
Similar to recent City Code amendments authorizing phased Master Site Plans, with
corresponding phased infrastructure deemed necessary to serve individual phases, the applicant’s
proposed phasing plan follows this same approach. This phased infrastructure approach was also
recently utilized in the review and approval of the Fellowship Baptist Church project on Oak and
27th that was approved by the City Commission last year.
For the School District’s annexation application, proposed phase 1 proposed improvements are
tied to the initial development of the elementary school in the southeast corner of the site. Phase
2 improvements are tied to future development of a middle school in the southwest portion of the
property.
Phase 1 - Initial Elementary School - infrastructure improvements include:
1) Improvements to the north side of Durston Road, (a designated Arterial street), including
sidewalk, from Flanders Mill Road to Cottonwood Road.
2) Reconstruction of both sides of Flanders Mill Road, (a designated Local street), including
sidewalk on the west side, from Durston Road to their proposed access drive.
3) Construction of a new pedestrian and bicycle path on the north side of Durston Road
from Flanders Mill Road to Ferguson Road (approximately 1300 feet).
Phase 2 - Future Middle School - infrastructure improvements include:
4) Construction of the east half of Cottonwood Road, (a designated Arterial Street)
including sidewalk on the east side, from Durston Road to their north property boundary
(and future Annie Street).
5) Construction of both sides of Annie Street, (a designated Local Street), including
sidewalk on the south side, from Cottonwood Road to Flanders Mill Road (assuming the
middle school is built before other adjacent development would trigger this road
construction).
6) Reconstruction of both sides of the remainder of Flanders Mill Road to their north
boundary/future Annie Street (again assuming the middle school is built before other
adjacent development would trigger this road construction).
Therefore, the staff report and the draft “Recommended Terms of Annexation” located on pages
3-6 of the staff report are structured in response to and address this proposed phasing of
improvements plan.
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Note: This agenda item is related to the following (corresponding) Zone Map Amendment
(ZMA) request on the agenda but procedurally is required to be reviewed prior to the ZMA.
The applicant has also submitted an Informal Site Plan Review Application for the initial
Elementary School construction which is also included as a separate agenda item. In the
applicant’s April 30, 2012 phasing letter, they also discuss potential exemptions they may
request as part of elementary school construction and their intent in these regards. This issue is
further discussed as part of that Informal review item.
UNRESOLVED ISSUES: As identified by the City Commission.
ALTERNATIVES: 1) The City Commission can decide to modify or add to the
“Recommended Terms of Annexation”.
2) 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 City sewer and water services and service by the
public services (police, fire, streets, etc.) of the City. Impact fees, water rights and other related
fees as indentified in the recommended terms of annexation will have to be paid as part of
development of the property. The City will accrue additional costs to service the property with
municipal services.
Attachments: Staff Report, Applicant’s submittal materials, Pedestrian and Traffic Safety Comments,
Public Comment
Report compiled on: May 24, 2012
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#A-12002 8th Elementary School Annexation Staff Report 1
City Commission Staff Report for the 8th Elementary School Annexation – File #A-12002
Item: Annexation #A-12002, an application requesting annexation of 42.93 acres
located on the north side of Durston Road, between Cottonwood Road and Flanders Mill
Road.
Owner: Vesta Fern Anderson, Baxter Ranch Holding, Ltd.
P.O. Box 3253
Billings, MT 59103-3253
Applicant: Bozeman Public School District, Kevin Barre, Director of Facilities
404 W. Main Street
Bozeman, MT 59715
Representative: TD & H Engineering
108 W. Babcock Street
Bozeman, MT 59715
Date: Bozeman City Commission on Monday, June 4, 2012 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
______________________________________________________________________________
Property Location
The subject property is located on the north side of Durston Road, between Cottonwood Road and
Flanders Mill Road. The approximately 42.93 acres is legally described as Future COS, Part of Tr. 2,
COS 2554, in SW ¼, Sec. 3, T2S, R5E, PMM, Gallatin County, Montana. Please refer to the vicinity
map below.
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#A-12002 8th Elementary School Annexation Staff Report 2
Proposal
The property owner, Vesta Fern Anderson, Baxter Ranch Holding, Ltd. and applicant, Bozeman Public
School District, represented by TD & H Engineering, proposes to annex the 42.93 acre subject property
to the corporate limits of the City of Bozeman and establish an initial municipal zoning designation of
PLI (Public Lands and Institutions District). The applicant’s indicated intent for the property is the
construction of an 8th elementary school and possible future middle school. The underlying land use
designation for the property is “Residential” in which schools and PLI zoning are considered a
complementary land use. The property is currently vacant and used for agricultural purposes.
Attached is a copy of the applicant’s April 30, 2012 letter and “Improvements Phasing Plan” to
supplement their annexation application to “clarify the District’s plan for improvements associated with
development of the subject property”. This phasing plan is intended to address the provision of services
findings required for annexations and Annexation Policy Item #6 as contained on page 9 of this report.
Compared to many annexations that do not have specific or immediate development plans, and where
the typical annexation agreement references future City review of improvements, the School District has
immediate plans for elementary school construction and has been working on that site and associated
development plans (as evidenced by the subsequent Site Plan Informal Review Application also on the
Commission agenda). Therefore, the applicant’s proposed phasing/improvements plan, and staff’s
recommended terms of annexation, are being presented to the City Commission who shall review and
potentially amend or add to said terms. If authorized by the City Commission, City staff and the School
District will negotiate the final Annexation Agreement to be presented for Commission consideration at
a future meeting.
Similar to recent City Code amendments authorizing phased Master Site Plans, with corresponding
phased infrastructure deemed necessary to serve individual phases and projected impacts, the proposed
phasing plan follows this same approach. This phased infrastructure approach was also recently utilized
in the review and approval of the Fellowship Baptist Church project on Oak and 27th that was approved
by the City Commission last year.
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#A-12002 8th Elementary School Annexation Staff Report 3
For the applicant’s annexation application, phase 1 proposed improvements are tied to the initial
development of the elementary school in the southeast corner of the site. Phase 2 improvements are tied
to future development of a middle school in the southwest portion of the property.
Phase 1 - Initial Elementary School - infrastructure improvements include:
1) Improvements to the north side of Durston Road, (a designated Arterial street), including
sidewalk, from Flanders Mill Road to Cottonwood Road.
2) Reconstruction of both sides of Flanders Mill Road, (a designated Local street), including
sidewalk on the west side, from Durston Road to their proposed access drive.
3) Construction of a new pedestrian and bicycle path on the north side of Durston Road from
Flanders Mill Road to Ferguson Road (approximately 1300 feet).
Phase 2 - Future Middle School - infrastructure improvements include:
4) Construction of the east half of Cottonwood Road, (a designated Arterial Street) including
sidewalk on the east side, from Durston Road to their north property boundary (and future Annie
Street).
5) Construction of both sides of Annie Street, (a designated Local Street), including sidewalk on the
south side, from Cottonwood Road to Flanders Mill Road (assuming the middle school is built
before other adjacent development would trigger this road construction).
6) Reconstruction of both sides of the remainder of Flanders Mill Road to their north
boundary/future Annie Street (again assuming the middle school is built before other adjacent
development would trigger this road construction).
Therefore, this report and staff’s review of this annexation application and the draft “Recommended
Terms of Annexation” located below are structured in response to and address this proposed phasing of
improvements plan.
Note: In the applicant’s April 30, 2012 phasing letter, they also discuss potential exemptions
they may request as part of elementary school construction and their intent in these
regards. This issue is further discussed as part of the Elementary School Site Plan
Informal Review item later on the agenda.
Recommended Terms of Annexation
Should the City Commission choose to accept the request for annexation, staff and the Development
Review Committee (DRC) recommend the following terms of annexation be addressed prior to
acknowledging the Annexation Agreement and formal annexation:
Planning Department Recommended Terms of Annexation:
1. The documents and exhibits to formally annex the subject property shall be identified as
the “8th
Elementary School Annexation”.
2. An Annexation Map, titled “8th Elementary School 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
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map must be acceptable to the Director of Public Services and City Engineer’s Office,
and shall be submitted with the signed Annexation Agreement.
3. The land owners and their successors shall pay all fire, street, water and sewer impact
fees at the time of connection or creation of impact to the applicable system(s); and for
future development, as required by Chapter 2, Bozeman Municipal Code, or as amended
at the time of application for any permit listed therein.
4. As part of the Annexation Agreement, the applicant shall execute and record 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.
5. Prior to the execution of the Annexation Agreement, a Preliminary Site Plan application
shall be submitted and be the subject of a public hearing at a City Commission meeting in
which the specific exemptions being requested can be noticed as required by State Statute
and the Bozeman Municipal Code.
6. These recommended terms of annexation shall be presented to the City Commission who
will review and potentially amend or add to said terms. If authorized by the City
Commission, City Staff and the School District will negotiate the final Annexation
Agreement to be presented for consideration at a City Commission meeting. The final
Annexation Agreement, as approved by the City Commission, shall be executed and
returned to the City within 60 days of distribution to the applicant, unless another time
period is specifically identified by the City Commission, or annexation approval shall be
null and void.
Engineering Department Recommended Terms of Annexation:
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. Durston Road
b. Cottonwood Road
c. Flanders Mill Road
B. Signalization Improvements for the following intersections:
a. Durston Road/Cottonwood Road
b. Durston Road/Ferguson Avenue.
c. Baxter Lane/Cottonwood Road
C. Trunk Sewer and Water mains to serve the property.
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.
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8. Unless previously dedicated through another instrument, the owner shall provide public street
and utility easements for Durston Road, Cottonwood Road, Flanders Mill Road, and Annie
Street. The easements shall be 50 feet wide from the centerline for Durston Road, 60 wide
from the centerline for Cottonwood Road, 30 feet wide from centerline for Flanders Mill
Road, and a total width of 74 feet for Annie Street.
9. Water rights sufficient to supply the annual water demand for the developed property, or
payment of cash-in-lieu thereof, as determined by the Director of Public Services, shall be
provided. This provision may be deferred until the time of future development for parcels
over 10 acres. This includes, but is not necessarily limited to, development achieved by
subdivision, site plan, or building permit.
10. A portion of this property is located within the Valley West Sewer, Water, and Street
payback boundaries. These paybacks must be made at the time of annexation of the
property. The payback rates are as follows:
Sewer: $1,482.47/gross acre
Water: $1,278.29/gross acre
Street: $2,900.04/gross acre
11. Only a portion of this property was included in the Valley West Trunk Sewer service area.
The total average daily flow allocated to the property was 26,142 gpd. Future development
of the property shall be limited to this discharge until such time as the new trunk sewer main
to serve the property is installed as shown in the Wastewater Facility Plan.
12. The north half of Durston Road shall be improved to match the typical section used to
construct the south half. This shall include the entire frontage of the property including
tapers meeting AASHTO standards as necessary to transition back to existing asphalt on the
east end. All of the improvements to Durston Road shall be completed with Phase I of the
development of the property. If the sidewalk is installed on private property north of the
right of way as proposed, a public access easement shall be provided.
13. Flanders Mill Road shall be improved to a local street standard along the entire frontage of
the property centered on the 1/16th line. This shall include curb and gutter on both sides, full
width of asphalt, and sidewalk on the west side only. Phase I shall include completion of
these improvements from Durston Road to the northern phase line, either as proposed by the
applicant or as otherwise determined by the Commission. The remaining improvements
from the approved phase line to the northern property line shall be completed with phase II.
14. The east half of Cottonwood Road including any required utility extensions shall be
constructed along the frontage of the property. The typical section shall mirror the existing
western half. All improvements to Cottonwood Road shall be completed in their entirety
with phase 2 of the development unless otherwise required by the Commission.
15. Annie Street shall be improved to match the typical section previously constructed to the east
and west of this property. This shall include curb and gutter on both sides, full width of
asphalt, and sidewalk on the south side only. All improvements to Annie Street shall be
completed in their entirety with phase 2 of the development unless otherwise required by the
Commission.
16. The all weather path on Durston between Flanders Mill and Ferguson described in the
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applicant’s supplemental application information shall be completed with phase I of the
development unless otherwise determined by the Commission.
17. Upon annexation and rezoning to the proposed PLI zoning designation, this property will be
subject to annual street and tree maintenance assessments. PLI zoned land is assessed at 25%
of the total square footage of the land, which equates to 108,900 sq.ft. for phase 1.
Assessments have been established for FY 12, and may not apply to this annexation, but
future assessments will apply to the property. For informational purposes, at $0.1395 per
sq.ft., which is the current FY12 assessment for streets, the assessment would be $1,519.16,
and at $0.00225 per sq. ft. trees would be $245.03. Assessment rates are set each year by the
Commission. The remaining 30 acres of vacant, undeveloped land will be “capped” at
15,000 sq. ft. for the purposes of street and tree assessments. At $0.1395/sq. ft. for streets,
that cap is $209.25 for the year, and at $0.00225/sq. ft. $33.75 for the year for trees. At the
time the remainder of the property is subdivided or developed, assessments will be calculated
based on 25% of the remaining square footage.
Surrounding Zoning & Land Uses
The property is currently vacant and used for agricultural purposes. The following existing land uses
and zoning are adjacent to the subject property:
North: Vacant/Agricultural; Unannexed County Land – Designated “Residential” on the City of
Bozeman Future Land Use Map
South: (Across Durston Road) Residential/Condos and Vacant/Platted Residential Lots; Zoned
R-3 (Residential Medium Density District) and R-4 (Residential High Density District)
East: (Across Flanders Mill Road); Church, Residential and Vacant/Agricultural; Zoned R-2
(Residential Two Household Medium Density District), Unannexed County Land – Designated
“Residential” on the City of Bozeman Future Land Use Map and R-3
West: (Across Cottonwood Road) – Residential; Zoned R-3
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
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
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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 requested written summary-review comments from the Bozeman
Development Review Committee (DRC) 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 will be
forwarded to the Commission as received.
Public Comment
Attached at the end of this report is a copy of the only public correspondence received by the
Department of Planning and Community Development (which was previously sent to the School
District, City Commission and Pedestrian and Traffic Safety Committee) regarding pedestrian linkages
to the school site. Any additional written comments received by the Planning Office specific to the
annexation will be forwarded to the City Commission prior to or during the public hearing.
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 subject property is contiguous to City of Bozeman boundaries to the south, west and east.
Goal 2: The City shall seek to annex all areas that are totally surrounded by the City, without
regard to parcel size.
As previously indicated, the subject property is contiguous to City of Bozeman boundaries to the south,
west and east. The property is not contiguous to City boundaries to the north. However, the City of
Bozeman Community Plan –Future Land Use Map includes the property to the north in future City
Planning designations.
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 subject 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
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 and the urban growth area identified in the Bozeman Community
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Plan (Growth Policy).
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 requirements for waivers of right-to-protest against the
creation of improvement districts for park maintenance (Recommended Term of Annexation #4) and
street and stormwater improvements for Durston Road, Cottonwood Road and Flanders Mill Road. This
also includes waivers for signalization improvements for the Durston/Cottonwood, Durston/Ferguson
and Baxter/Cottonwood intersections as well as future trunk sewer and water mains to serve the property
(Recommended Term of Annexation #7). The annexation agreement would also require the dedication
of required street and utility easements for Durston, Cottonwood, Flanders Mill and Annie Street as part
of the annexation (Recommended Term of Annexation #8).
Water rights are addressed in Recommended Term of Annexation #9. As this property is over 10 acres
in size, this provision may be deferred until the time of actual development on the property (subdivision,
site plan or building permit issuance).
As a portion of this property is located within the Valley West Sewer, Water and Street payback
boundaries, these paybacks must be made at the time of annexation of the property as reflected in
recommended Term of Annexation #10.
Upon annexation and rezoning to PLI, this property is also subject to annual street and tree maintenance
assessments as reflected in Recommended Term of Annexation #17.
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 applicant’s proposed PLI (Public Lands and Institutions District) zoning, (Zone Map Amendment
application #Z-12055), would be in compliance with this designation. As noted in the subsequent Zone
Map Amendment materials/agenda item, PLI zoning and the proposed school use is considered a
“complimentary” land use to the City’s designated residential areas.
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-12055) to establish an initial municipal
zoning designation of PLI (Public Lands and Institutions District) on the property. The Zoning
Commission held a public hearing on the Zone Map Amendment application on May 15, 2012 and voted
for a recommendation for approval of the proposed PLI zoning. (The zone map amendment and the
Zoning Commission’s recommendation are addressed under that respective action item and packet
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materials).
c. The applicant may indicate his or her preferred zoning classification as part of the annexation
application.
The applicant/owner has indicated that they prefer a zoning designation of PLI (Public Lands and
Institutions District) and that item is addressed under that respective 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
unpaved county roads will be the most commonly used route to gain access to the property.
The roads that border this property, Durston, Cottonwood and Flanders Mill are all currently paved. The
improvement of these roads to serve the property and proposed school(s) are addressed in the applicant’s
proposed phasing plan and Recommended Terms of Annexation items #12 through #15. These road
improvements are additionally discussed under Annexation Policy item 6 below.
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.
This policy item has now been codified under Section 38.23.180 of the BMC. As this property is over 10
acres in size, this provision may be deferred until the time of actual development on the property
(subdivision, site plan or building permit issuance) as reflected in Recommended Term of Annexation
#9. The applicant has indicated “we understand that the school district will be subject to the cash-in-lieu
of water rights requirement.”
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 applicant has submitted the attached letter dated April 30, 2012 and “Improvements Phasing Plan”
to supplement their annexation application to “clarify the District’s plan for improvements associated
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with development of the subject property”. This phasing plan is intended to address the provision of
services findings and this specific policy. Similar to recent code amendments authorizing phased
master site plans, with corresponding phased infrastructure deemed necessary to serve individual phases,
this proposed phasing plan follows this same approach. This phased infrastructure approach was also
recently utilized in the review and approval of the Fellowship Baptist Church project on Oak and 27th
that was approved by the City Commission last year.
Recommended Terms of Annexation #12, #13, #14 and #15 address the improvements to Durston Road,
Flanders Mill Road, Cottonwood Road and Annie Street as proposed in the applicant’s phasing plan at a
level to serve the proposed phases (schools) or as otherwise determined by the Commission. This would
include the improvement of associated pedestrian facilities for those sections. Recommended Term of
Annexation #16 addresses the all weather path proposed along the north side of Durston Road from
Flanders Mill Road east to Ferguson Road to provide a needed link to other established
pedestrian/sidewalk systems in the immediate area. (It should also be noted that the applicant has
informally requested future dialogue regarding possible City participation with this improvement as
well).
As specified in Recommended Term of Annexation #11, only a portion of this property was included in
the Valley West Trunk Sewer service area. The total average daily flow allocated to the property was 26,
142 gpd. Future development of the property shall be limited to this discharge until such time as the new
trunk sewer main to serve the property is installed as shown in the City’s Wastewater Facility Plan.
The applicant has also submitted an Elementary School Site Plan Informal Review item (also on the City
Commission agenda) which has been reviewed by the Development Review Committee for other public
safety and welfare considerations, especially in regards to Fire Protection as noted in that staff
memorandum. Also, staff has included Recommended Term of Annexation #5 which would require,
following the Informal review of the site plan by the City Commission and prior to the execution of the
Annexation Agreement, a Preliminary Site Plan application shall be submitted and be the subject of a
public hearing at a future City Commission meeting. This would address any of the remaining on site
considerations (e.g. hydrant placement), for the site plan and also include any exemptions being
requested by the applicant in order that they can be noticed as required by State Statute and the Bozeman
Municipal Code.
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. Upon annexation and 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 Recommended Term of
Annexation #2).
Policy 9: It shall be the policy of the City of Bozeman to assess a system development/impact fee in
accordance with Chpt. 2, Art. 6, Div. 9 Bozeman Municipal Code (Impact Fees), and in
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#A-12002 8th Elementary School Annexation Staff Report 11
accordance with the Bozeman Growth Policy and other policies as they are developed.
At the time of any development on the property, the land owner or their successors shall pay all impact
fees required by Chpt. 2 BMC. This policy item is reflected in Recommended Term of Annexation #3.
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 38.40.020.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 Durston Road, Cottonwood Road and
Flanders Mill Road in front of property 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 item is reflected in Recommended Term of Annexation #6.
Policy 12: When possible, the use of Part 46 annexations is preferred.
This annexation is being processed under Part 46 provisions.
Summary and Conclusion
Staff, the DRC 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. As reflected in Recommended Term of Annexation #6, the recommended terms
of annexation are being presented to the City Commission who shall review and potentially amend or
add to said terms. If authorized by the City Commission, City Staff and the School District will
negotiate the final Annexation Agreement to be presented for consideration at a City Commission
meeting prior to acknowledging the Annexation Agreement and formal annexation of said property.
Attachments: Applicant’s Submittal Materials
Pedestrian and Traffic Safety Committee Comments
Public Comment
Report Sent to: Vesta Fern Anderson, Baxter Ranch Holding, Ltd., P.O. Box 3253, Billings, MT
59103-3253
Bozeman Public School District, Kevin Barre, Director of Facilities, 404 W. Main
Street, Bozeman, MT 59715
TD & H Engineering, 108 W. Babcock Street, Bozeman, MT 59715
165
108 West Babcock Bozeman, MT 59715 (406) 586-0277 FAX (406) 586-4951
April 30, 2012
Doug Riley (Hand Delivered)
City of Bozeman
Department of Planning and Community Development
20 E. Olive
Bozeman, MT 59715
RE: 8th Bozeman Elementary School Improvements
On behalf of the Bozeman School District #7, we submit this letter to clarify the District’s plan
for improvements associated with development of the subject property at Flanders Mill Road and
Durston Road. This letter supplements our application for “Informal Advice and Direction” and
our application for annexation and zone map amendment for the proposed 8th Bozeman
Elementary School.
I have attached an exhibit showing the District’s improvements phasing plan. The project will be
completed in two phases, as shown. Phase 1 involves the construction of the new 8th elementary
school on approximately 10 acres in the southeast corner of the property. Phase 2 would include
the construction of a future middle school on the remaining approximately 30 acres. The
following describes the City street improvements to be provided in each phase, assuming the
middle school is built before other adjacent development to Annie Street and Flanders Mill
Road. (No improvements to the City water or sewer system are anticipated in either phase, other
than those required on site to extend services to the school buildings.)
Phase 1
1. Widen the north side of Durston Road, including curb, gutter, and paving, from Flanders
Mill Road to Cottonwood Road to match the improved section to the west of Cottonwood
Road (approximately 1350 feet). Sidewalk would be constructed outside of the right-of-
way on the school's property.
2. Reconstruct both sides of Flanders Mill Road in the standard location, including curb,
gutter, sidewalk on the west side, paving and ditch relocation, from Durston Road north
to the proposed Phase 1 access drive to a local standard (approximately 600 feet). Build a
transition to connect to the existing road to the north.
3. Construct a new pedestrian and bicycle path from Flanders Mill Road to Ferguson Road
(approximately 1300 feet).
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Phase 2
4. Construct the east half of Cottonwood Road in the standard location to complete the four
lane arterial section, including curb, gutter and paving on both sides, sidewalk on the east
side only, from Durston Road to Annie Street (approximately 1300 feet).
5. Construct Annie Street in the standard location, including curb, gutter and paving on both
sides, sidewalk on the south side only, from Cottonwood Road to Flanders Mill Road to a
local standard (approximately 1350 feet).
6. Reconstruct both sides of Flanders Mill Road in the standard location, including curb,
gutter, sidewalk on the west side, paving and ditch relocation, from Annie Street south to
the proposed Phase 1 access drive to a local standard (approximately 800 feet).
In our letter April 10, 2012 with the Application for Informal Advice and Direction, we talked
about the exemptions the District anticipated requesting during the review. We want to clarify
that the District still intends to comply with the intent of the code to the maximum extent
feasible, while still protecting the interests of their primary mission of safely educating kids. So
while the site plan may not meet all the landscaping rules in the City code, or may not exactly
every section of the lighting rules, their intent is to provide ample landscaping, lighting and
plenty of open space. For example, they will design their lighting to direct light down to limit
light pollution, and provide a safe environment for the school functions. They may not have as
many landscaped islands as the code would require, as another example. But the District shares
the City’s desire to be good neighbors. We will show all the proposed improvements in detail at
the time the formal site plan is submitted, after the bond election.
I wanted to thank you and all the City staff again for such a cooperative effort to move this
project through the review process. Please let me know if you have any questions.
Sincerely,
Thomas, Dean & Hoskins, Inc.
David J. Crawford, P.E.
Project Manager
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