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HomeMy WebLinkAboutRequest for Sewer and Water Service Outside City Limits, 2320 WestCatron Creek LLC Request for Sewer Service Outside City Limits Page 1 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Debbie Arkell, Director of Public Services SUBJECT: Request for Sewer and Water Service Outside City Limits, 2320 West Babcock Street, Catron Creek LLC, Luke Welborn, Manager, MEETING DATE: July 23, 2012 AGENDA ITEM TYPE: Action RECOMMENDATION: Approve the request to allow the residence at 2320 West Babcock Street to connect to the city sewer and water system prior to annexation subject to conditions recommended in this report. RECOMMENDED MOTION: I move to approve the request to allow the residence at 2320 West Babcock Street to connect to the city sewer system prior to annexation subject to the following conditions: 1. Prior to connection to the city sewer and/or water main, all record owners of the property must sign a Waiver of Right to Protest Annexation to the City of Bozeman. The City will file the document at the Gallatin County Clerk and Recorder’s Office. 2. The property owner shall file a complete application for annexation and zoning of the property within one year of connection to city sewer, and complete the annexation and zoning processes within the second year after connection to city sewer. 3. The property owner shall be responsible for all costs associated with the extension of the sewer service to the home. 4. An application to connect to the sewer main must be made through the City Building Department, and sewer impact fees and connection fees must be paid prior to receiving approval of the application. This application must be approved before work begins on extending the sewer service line to the property. 5. The property is located within the Main Mall Sewer Payback District. As such, this payback must be paid to the City prior to connection to the sewer main. 99 Catron Creek LLC Request for Sewer Service Outside City Limits Page 2 6. The existing on-site treatment system must be properly abandoned. The property owner shall contact the Gallatin City-County Environmental Health Department to coordinate and document this activity. Proof of proper abandonment shall be submitted to the City Engineer. 7. The City Finance Department will bill the owner of the property monthly as an “unmetered customer” for sewer charges (pro-rated from the date connected). If and when the property is connected to city water, the sewer charge will then be based on metered water use. FURTHER, that at the applicant’s discretion, they may connect the residence to the city water main prior to annexation at the same time they connect to the sewer main, to potentially reduce the costs of construction, subject to the additional following conditions: 8. The property owner shall be responsible for all costs associated with the extension of the water service to the residence. 9. An application to connect to the water main must be made through the City Building Department, and water impact fees and connection fees must be paid prior to receiving approval of the application. This application must be approved before work begins on extending the water service line to the property. 10. The property is located within Special Improvement District #622 Water Payback District. As such, this payback must be paid to the City prior to connection to the water main. 11. The existing on-site well must be properly disconnected from all points of domestic use. The well may only be used for outside irrigation purposes. The property owner shall contact the City Water Department for inspection to ensure proper disconnection and reconnection to only the irrigation system, if applicable. 12. Upon activate of city water service, the City Finance Department will bill the owner of the property monthly as a “metered customer” for water and sewer charges (pro-rated from the date connected). 13. Per 38.23.180.A of the Bozeman Municipal Code, prior to final approval of future development of this property through a site plan, conditional use permit, planned unit development or subdivision, and/or prior to annexation of the land, water rights or payment in-lieu of water rights adequate to provide the volume of water the development will require must be provided to the city. BACKGROUND: The property owner has requested permission to connect to the City sewer and water mains located directly in front of the property at 2320 West Babcock Street. This 1.483-acre site has one residential structure and three outbuildings. There is a creek on the west portion of the property. The applicant has indicated the residence on the property is currently operating on a failing septic system. This property is surrounded on all but the west side by 100 Catron Creek LLC Request for Sewer Service Outside City Limits Page 3 annexed property. City water and sewer mains are located in West Babcock Street, and service stubs for both water and sewer were extended from the mains to the property line prior to the completion of improvements to West Babcock Street. Because the City sewer main is adjacent to this property, the Gallatin City-County Health Department will generally not issue a permit to replace the on-site septic system. The applicant recognizes the connection to city sewer service is beneficial to the environment. Section 40.03.1380 of the Bozeman Municipal Code requires a landowner requesting water or sewer service for land located outside of city limits to execute a Waiver of Right to Protest Annexation of the property to be served by water or sewer services prior to connecting to the service. The landowner is willing to sign a Waiver of Right to Protest Annexation. The property owner plans to eventually annex the property into the city. Given the total costs of annexation and restructuring the plumbing for connection to city services, the applicant has indicated it is not financially feasible to do both simultaneously. Because it takes close to six months to complete the annexation and rezoning application process, there is concern the system will totally fail before that process can be completed. It has been a requirement of past commissions to require property to annex to the city if they desire city services. Given the expense of connecting the property to municipal services, staff recommends the property owner be given a two year period to complete the annexation and rezoning processes. As noted in condition 2 above, staff recommends the property owner be required to file a complete application for annexation and zoning of the property within one year of connection to city sewer, and complete the annexation and zoning processes within the second year after connection to city sewer. Per Section 40.03.1360 of the Municipal Code, the following criteria are to be considered by the City Commission when reviewing requests for property located out city limits to connect to municipal services: 1. Orderly growth and development of the city. The property is nearly surrounded by city limits and water and sewer mains are adjacent to the property. Prior to reconstruction of West Babcock Street, service stubs from the mains were extended to the property lines of unannexed parcels in anticipation of their future annexation and need for the services. The property is located in the City’s future growth boundary. 2. Water and land pollution abatement or control. The septic system was installed prior to the requirement of County Health Department septic permits and inspection. Because the existing septic system is failing, the connection of the property to city sewer service will abate potential water and land pollution issue. 3. Need of persons or industries requesting service as determined by the City Commission. The need for connection to the city sewer system is imminent due to the failure and age of the on-site septic system. 101 Catron Creek LLC Request for Sewer Service Outside City Limits Page 4 4. Capacity of the utility system of the city to serve property outside of the city limits of the city. The property is located in SID 622, which extended the water system to serve this area. It is also located in the Main Mall sewer payback district, which extended the sewer system to serve this area. Thus, the water and sewer systems have capacity to serve this property. While the Bozeman Municipal Code is silent with regard to connection to city water service prior to annexation, it may be more practical and financially prudent to connect the residence to city water at the same time it is connected to the sewer main. Thus, staff is recommending that the commission also authorize the applicants to connect to city water at the same time they connect to city sewer, if they so chose, with the conditions mentioned above. FISCAL EFFECTS: Following is an estimate of fees that would be collected as a result of connection to sewer, water, and future annexation. The applicant will have additional costs for connection of the services, and for the preparation of maps and application materials for annexation/rezoning. Water and sewer impact, connection and payback fees will be collected prior to connection to municipal services (approximately $9,000), and the applicants will be billed monthly for the sewer and water services used. Future annexation and rezoning application, water rights, and West Babcock Improvement Annexation Area fees would be collected at the time of annexation and rezoning (approximately $4,300). Estimated fees with One Single-Family Residence Sewer Impact Fee $3,436.90 Sewer connection inspection $21.00 Water Impact fee $3,849.79 Water meter and inspection $360.43 Plumbing permit $30.00 Main Mall sewer payback at 0.01/sqft of property $646.29 SID 622 water payback at 0.016/sq.ft. of property $1,034.06 Estimated fees for future annexation West Babcock Street Improvement Annexation Area $1,119.87 Annexation application (fee plus advertising) $450.00 Zone Map Amendment application (fee plus advertising) $735.00 Cash in-lieu of water rights (if no rights available for transfer) $2,000.00 ALTERNATIVES: 1) Deny connection to municipal services until the property is fully annexed. 2) As suggested by the City Commission. Attachments: None Copy of Report sent to: - Luke Welborn, Manager, Catron Creek LLC - Catron Creek LLC - Tom Moore, Gallatin City-County Health Department+ 102