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HomeMy WebLinkAboutDitton Request to Annex 20 acres at 2210 Bridger Drive Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Dave Skelton, Senior Planner Tim McHarg, Planning Director SUBJECT: Ditton Annexation #A12003 MEETING DATE: June 11, 2012 AGENDA ITEM TYPE: Action (Legislative Item) RECOMMENDATION: The City Commission adopts the provided findings and approves annexation request A-12003, with the 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 applicable parties. RECOMMENDED MOTION: Having heard and considered public testimony, the application materials, and the staff analysis and findings, I move to approve annexation request #A-12003, with the eight (8) terms of annexation listed on page 2-3 of the staff report, and direct Staff to prepare an annexation agreement for signature by parties. BACKGROUND: The property owner and applicant, Clara O. Ditton Living Trust, c/o Randy Ditton, represented by David M. Albert, PLS has made application requesting to annex the subject 20.0 acres to the corporate limits of the City of Bozeman and establish an initial municipal zoning designation of RS (Suburban Residential District). The purpose of the annexation and zone map amendment request is to create a five-acre parcel for the existing residence and accessory buildings to remain in the family estate and a second, fifteen-acre parcel that will be added to the adjoining landowner’s property, owned by Barnard Land and Livestock, LP. The subject property is located at 2210 Bridger Drive and is legally described as a tract of land located in the SE 1/4 of Section 32, T1S, R6E, PMM, Gallatin County, Montana being Tract B-1 of Certificate of Survey No. 2392-B. The property is situated north of Highway 86/Bridger Drive and Greenwood Subdivision approximately one mile east of the intersection with Story Mill Road. The Development Review Committee considered the application and on April 25, 2012 recommended annexation of the property subject to several terms of annexation presented on pages 2-3 of the staff report. UNRESOLVED ISSUES: None determined at this time. 149 ALTERNATIVES: 1) Approve the annexation as requested. 2) Deny the annexation request. 3) Approve the annexation with alterations to the terms of annexation. 4) Other as identified by the City Commission. FISCAL EFFECTS: Annexing the property and establishing the new municipal zoning will enable future development with connection to City sanitary 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 at the time of future development. Attachments: Staff report and Applicant’s submittal materials Report compiled on: May 30, 2012 150 #A-12004 Mahar Good Medicine Way Annexation Staff Report 1 City Commission Staff Report for the Ditton Annexation - File #A-12003 Item: Annexation #A-12003, an application requesting annexation of approximately 20.0 acres 2210 Bridger Drive and legally described as a tract of land located in the SE 1/4 of Section 32, T1S, R6E, PMM, Gallatin County, Montana being Tract B-1 of Certificate of Survey No. 2392-B. Owner/Applicant: Clara O. Ditton Living Trust, c/o Randy Ditton, 4126 Story Creek Drive, Fort Collins, CO 80525 Representative: David M. Albert, PLS, 404 E. Madison Avenue, Belgrade, MT 59714 Date/Time: Before the Bozeman City Commission on Monday, June 11, 2012 at 6:00 PM in the Commission Meeting Room, City Hall, 121 North Rouse Avenue Bozeman, Montana Report By: Dave Skelton, Senior Planner Recommendation: Approval with Contingencies ______________________________________________________________________________ Location The subject property is located along the south side of Highway 86/Bridger Drive approximately one mile east of the intersection with Story Mill Road and is commonly referred to as 2210 Bridger Drive. The site is approximately 20.0 acres and is legally described as a tract of land located in the SE 1/4 of Section 32, T1S, R6E, PMM, Gallatin County, Montana being Tract B-1 of Certificate of Survey No. 2392-B. Please refer to the vicinity map below. 151 #A-12003 Ditton Annexation Staff Report 2 Proposal The property owner and applicant, Clara O. Ditton Living Trust, c/o Randy Ditton, represented by David M. Albert, PLS, proposes to annex the 20.0 acre subject property to the corporate limits of the City of Bozeman and establish an initial municipal zoning designation of RS (Residential Suburban District). The purpose of the annexation and zone map amendment request is proposed in order to create a five- acre parcel for the existing residence and barn to remain in the family estate and a second, fifteen-acre parcel that will added to the adjoining landowner’s property, owned by Barnard Land and Livestock, LP. Both planning applications are currently scheduled before the City Commission for the June 11, 2012 agenda. The zoning is being reviewed as application Z-12056. The underlying land use designation for the property is “Present Rural”. The property is currently vacant. 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: Recommended Terms of Annexation: 1. That the documents and exhibits to formally annex the subject property shall be identified as the “Ditton 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. An Annexation Map, titled “Ditton 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. 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 2, Bozeman Municipal Code, or as amended at the time of application for any permit listed therein. 5. The Applicant shall provide and file with the County Clerk & Recorder executed Waivers of Right to Protest Creation of SIDs for the following: i. Street Improvements, including but not limited to paving, curb/gutter, sidewalk and storm drainage facilities for Bridger Drive. ii. Public water main improvements providing service to the property identified in the current edition of the City of Bozeman Water Facility Plan. iii. Public sewer main improvements providing service to the property identified in the current edition of the City of Bozeman Wastewater Facility Plan. The documents filed shall specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. 152 #A-12003 Ditton Annexation Staff Report 3 6. 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. 7. At the time of future development, the existing home on the property shall connect to public water and sewer infrastructure and pay impact fees commensurate to service size, or be removed from the property. Water rights, or cash-in-lieu thereof, shall be provided prior to connecting any building to public water and sewer if not previously supplied for the property. 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. Unless otherwise filed with property, Zoning Designation & Land Uses The property is currently occupied by the family residence, farmstead and associated outbuildings and fronts onto Highway 20/Bridger Drive. The following existing land uses and zoning are adjacent to the subject property: North: Residential annexed land (Creekwood Subdivision) zoned RS (Residential Suburban District) – Designated “Suburban Residential” on the City of Bozeman Future Land Use Map. South: Vacant; Unannexed County land zoned AS (Agricultural Suburban District) – Designated “Present Rural” on the City of Bozeman Future Land Use Map. East: Vacant; Uannexed County land zoned “AS” (Agricultural Suburban District) – Designated “Present Rural” on the City of Bozeman Future Land Use Map. West: Developed lands under Gallatin Country jurisdiction (Green Acres Subdivision) zoned “RS” (Residential Suburban District) – Designated “Suburban Residential” on the City of Bozeman Future Land Use Map and large suburban tracts zoned “RS” (Residential Suburban District) – Designated “Present Rural” on the City of Bozeman Future Land Use Map. Adopted Growth Policy Designation The subject property is recognized as “Present Rural” on Figure 3-1 Future Land Use Map of the Bozeman Community Plan as noted on the attached map at the end of this staff report. The “Present Rural” land use designation of the Bozeman Community Plan indicates that: “This category designates areas where development is considered to be generally inappropriate over the 20 year term of the Bozeman Community Plan, either because of natural features, negative impacts on the desired development pattern, or significant difficulty in providing urban services. The Residential and Residential Mixed Use categories contain adequate area to accommodate residential development over the 20 year horizon of the Bozeman Community Plan. Development within the Present Rural area would be generally disruptive to the desired compact urban land use pattern depicted in the Plan. As Bozeman develops over time, it is expected that the City will expand outward into areas previously designated as Present Rural. As the City’s growth policy is updated from time to time, some areas currently classified as Present Rural are expected to be reclassified to urban designations. Reclassification shall occur prior to development. The property is not proposed for future development at this time for the reasons outlined in the applicant’s narrative provided with the application. 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. On April 25, 2012 the Development Review Committee (DRC) recommended approval of the application with the recommended contingencies included above. Comments received as of the 153 #A-12003 Ditton Annexation Staff Report 4 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 The Department of Planning and Community Development has not received written public testimony specific to the requested annexation. However, public comment received at the Zoning Commission meeting on May 15, 2012 from residents in the adjoining subdivision to the west (Green Acres Subdivision) expressed concern with flooding in the area as a result of the present condition of the diversion dam on Bridger Creek. The diversion dam is situated further northeast of the subject property where the watercourse passes under Highway 86/Bridger Drive. The residents expressed concern with the present condition of the diversion dam and questioned who is responsible for the maintenance and upkeep of the facility. Planning Staff has discussed the matter with Dour Ritter, Sr. Water Master for the District Water Court who indicated that once the name of the diversion dam has been determined and legally described that the Montana Department of Natural Resources (DNRC) can determine who is claiming that “point of diversion” for use of water rights. Mr. Ritter referred staff to Kerri Strasheim, DNRC Deputy Regional Manager for Bozeman for further information who can provide a list of who is claiming this diversion dam as a point of diversion, and potentially provide an opinion on who is responsible for maintenance and upkeep of the facility. As of this writing no written comments have been provided by the DNRC. Any comments received from the DNRC prior to the City Commission considering the requested annexation and zone map amendment will be forwarded upon receipt. Review Criteria & Findings 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. 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 on its north boundary, exclusive the adjoining Highway 86/Bridger Drive right-of-way. Goal 2: The City shall seek to annex all areas that are totally surrounded by the City, without regard to parcel size. The subject property is not completely surrounded by the exterior boundaries of 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 subject property is not currently contracting with the City for any services. The property is presently vacant. 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. The property is in proximity to existing municipal water and sanitary sewer services to north in Creekwood Subdivision and to the west in Headlands Subdivision PUD. However, as described above under the growth policy the property is designated as “Present 154 #A-12003 Ditton Annexation Staff Report 5 Rural” where development is considered to be generally inappropriate over the 20 year term of the Bozeman Community Plan, either because of natural features, negative impacts on the desired development pattern, or significant difficulty in providing urban services. 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 and street improvements (Recommended Terms of Annexation #2 & #5). Water rights are discussed under Policy Item No. 5 later in this report. 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 “Present Rural” within the Bozeman Community Plan. This annexation, and the applicant’s proposed RS zoning (#Z-12056), would be in compliance with this designation in accordance with Table C-16 of the Bozeman Community Plan based on the intent of the applicant to not further develop the subject property at this time. A decision on the zoning designation will be evaluated separately. 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-12056) to establish an initial municipal zoning designation of RS (Residential Suburban District) on the 20.0 acres. The Zoning Commission held a public hearing on the Zone Map Amendment application on May 15, 2012 and recommended approval of the requested RS designation. (The zone map amendment and the Zoning Commission’s recommendation are addressed under that respective action item and packet materials for application #Z- 12056). 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 R-1 (Residential Single Household Low Density 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. This property has frontage along Highway 86/Bridger Drive, which is developed and paved to a county standard at this time. Access locations will be determined during review of a future development proposal. 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 155 #A-12003 Ditton Annexation Staff Report 6 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. This section states: A. Prior to a final approval of all development reviewed as a site plan, conditional use permit, planned unit development, or subdivision and prior to an annexation of any land, one of the following must occur: 1. Payment shall be made to the city of a payment-in-lieu of water rights calculated based on the annual demand for volume of water the development will require multiplied by the most current annual unit price; or 2. A transfer to the city of ownership of water rights adequate to provide the volume of water the development will require. A transfer of ownership of water rights must be in a manner approved by the director of public services. B. If adequate water rights or a payment-in-lieu was previously provided to the city for the subject property, evidence of those rights or payment-in-lieu may be offered to demonstrate compliance with this section. If the expected demand for water by the proposed development increases by more than one acre-foot over that for which water rights or payment-in-lieu of water rights were previously provided, additional water rights or payment-in-lieu of water rights equal to the difference between the previously provided water rights or payment-in-lieu and the estimated current demand or payment-in-lieu price shall be provided. C. Provision of water rights or payment-in-lieu may be deferred by phase for phased developments or for annexations when the phase or annexation is in excess of ten acres. D. The city manager may adopt administrative procedures to implement this section. The director of public services shall adopt standards for the calculation of demand for water use. The city commission shall establish the unit cost for payment-in-lieu by resolution. E. The amount paid for a payment-in-lieu shall be calculated using the per unit price in effect on the date the payment-in-lieu of water rights is to be made to the city. The parcel size is greater than 10 acres. Water rights or a fee in lieu will be carried out prior to final plat approval, final site plan approval or the issuance of any building permits, whichever occurs first. 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. At the time of further development municipal services will be extended to the subject property. Water 156 #A-12003 Ditton Annexation Staff Report 7 and sanitary mains currently exist immediately to the north of Highway 86/Bridger Drive in Creekwood Subdivision and one-quarter mile to the west in Headlands Subdivision PUD. As noted previously, there are no plans by the applicant to further develop the subject property at this time. Water rights will be provided at the time of further development. The City is presently expanding its water and sewer treatment plants to enable services to be delivered to additional development. The Insurance Service Office’s Public Protection Classification program evaluates communities according to a uniform set of criteria defined in the Fire Suppression Rating Schedule (FSRS). These criteria incorporate nationally recognized standards developed by the National Fire Protection Association and the American Water Works Association. Utilizing the FSRS, ISO objectively reviews the fire suppression capabilities of a community and assigns a Public Protection Classification- a number from 1 – 10. Class 1 represents exemplary fire protection, and Class 10 indicates that the area’s fire suppression program does not meet minimum recognition criteria. The ISO rating for Bozeman is 3. The Bozeman Fire Department participates in a Mutual Aid Agreement to provide fire protection to subject area from the North Rouse substation. The distance to the site from the substation is approximately 2.72 miles with a calculated response time of 3.96 minutes. The applicants should be made aware that at the time of any further development on the property, 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, the extension of services will be determined in detail based upon the type of development being reviewed by the advisory and decision-making bodies. Responsibility for the extension of services lies with the landowners and successors. 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 requested and 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 #3). 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 accordance with the Bozeman Growth Policy and other policies as they are developed. At the time of any development on the propert y, the land owner or their successors shall pay all impact fees required by Chpt. 2, Art. 6, Div. 9 BMC. No impact fees are due at this time as the property is vacant. After annexation the property will be subject to Chapter 2, Article 6, Division 9 which establishes the impact fees for future development. 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 157 #A-12003 Ditton Annexation Staff Report 8 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 also posted along Highway 86/Bridger Drive in front of the 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 specified in Recommended Term of Annexation #8. 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. 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: Clara O. Ditton Living Trust, c/o Randy Ditton, 4126 Stony Creek Dr., Fort Collins, CO 80525 David M. Albert, PLS, 404 E Madison Avenue, Belgrade, MT59714 158 159 160 161 162 May 8, 2012 Bozeman City Planners RE: Proposed Ditton Annexation and Zone Change This application is to request annexation and a zone change for a tract of land in Section 32, T1S, R6E owned by Clara O. Ditton Living Trust and shown on Certificate of Survey 2392B as Tract B-1A. The desired use of the land is to create a five to six acre tract containing the existing Ditton house and barn by relocating the eastern and southern boundaries. The remaining fifteen acres will be added to the existing tract owned by Barnard Land and Livestock L.P. consisting of Tract B-2A of COS 2392A and Lot 23 of COS 35. The resultant two tracts will thus be the five-plus acre house tract and a 90-plus acre tract that has no residential structures. This result was sought through an application for variance with the county but was rejected because a variance for lot size is not supported by the county variance rules. Clara Ditton is 86 years old and suffering from Alzheimer's and is in a full care nursing home. The proceeds would be used to fund her care and the zone change would allow the Dittons to keep the family home and 5-plus acres thus alleviating the unnecessary hardship of funding this care without access to her land equity. Because this property is adjacent to the city of Bozeman and has small lots adjacent to it and across Bridger Canyon Road, it is reasonable to allow this annexation and the zone change that will allow this desired solution. There will be no change of land use at this time and there are no current plans to develop this land further. This process is our last resort before trying to sell the whole tract along with the house. We tried twice to obtain a variance from the tract size requirement through the county process only to find out that the variance procedure does not apply to lot size. Mr Barnard has agreed to purchase this land by boundary relocation if we can get permission to do it so this is the most expeditious way to do this and it will allow Mrs. Ditton's son to continue living in the house in which he was raised. Sincerely, David M. Albert P.L.S. David M Albert Registered Land Surveyor 404 E Madison Ave Belgrade, Montana 59714 406 539-9086 406 388-7628 davidmalbert@aol.com 163 164 165 166 167