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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Dave Skelton, Senior Planner
Tim McHarg, Planning Director
SUBJECT: Kirk Annexation #A12005
MEETING DATE: August 6, 2012
AGENDA ITEM TYPE: Action (Legislative Item)
RECOMMENDATION: The City Commission adopts the provided findings and approves
annexation request A-12005, 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-12005, 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 the applicable
parties.
BACKGROUND: The property owner and applicant, Roger Kirk, represented by C & H
Engineering and Surveying, Inc., has made application requesting to annex the subject 1.92 acres
to the corporate limits of the City of Bozeman and establish an initial municipal zoning
designation of R-1 (Residential, Single-Household, Low Density District). The purpose of the
annexation request is to obtain municipal infrastructure and services as a result of the Montana
Department of Natural Resources and Conservation (DNRC) and Montana Department of
Environmental Quality (DEQ) determination that wells for domestic use in the subject area will
not be permitted as a result of the plume associated with the Bozeman solvent site.
The subject property is located on the 100 block of Gibson Drive and is legally described as Lot
9, Block 1 of the Walker Property Subdivision located in the SW 1/4 of Section 25, T1S, R5E,
PMM, Gallatin County, Montana. The property is situated on the south side of Gibson Drive off
of Campbell Road and is located approximately a half mile northeast of the intersection of
Springhill Road and US Highway 10.
The Development Review Committee considered the application and on May 30, 2012
recommended annexation of the property subject to several terms of annexation presented on
pages 2-3 of the staff report.
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UNRESOLVED ISSUES: None determined at this time.
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: July 26, 2012
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City Commission Staff Report for the Kirk Annexation - File #A-12 005
Item: Annexation Application #A-12005, an application requesting annexation of 1.92 acres located on
the south side of Gibson Drive and sited in Walker Property Subdivision Planned Unit Development.
Applicant/Owner: Roger Kirk, 11 Kean Drive, Bozeman, MT 59718
Representative: C & H Engineering and Surveying, Inc., 1091 Stoneridge Drive, Bozeman, MT 59718
Date: Before Bozeman City Commission on Monday, August 6, 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 Terms of Annexation
______________________________________________________________________________
Project Location
The subject property is located in the Walker Property Subdivision Planned Unit Development (PUD)
situated northeast of the intersection of Spring Hill Road/Highway 10 frontage road and is generally
located on 100 block of Gibson Drive off of Campbell Road. The site is approximately 1.92 acres and is
legally described as a tract of land located in the SW 1/4 of Section 25, T1S, R5E, PMM, Gallatin
County, Montana being Lot 9, Block 1 of Walker Property Subdivision PUD. Please refer to the vicinity
map below.
Proposal
The property owner, Roger Kirk, represented by C & H Engineering and Surveying, Inc., has made
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application to the Bozeman Department of Planning and Community Development to annex the
approximate 1.92-acre subject property to the corporate limits of the City of Bozeman and establish an
initial municipal zoning designation of “R-1” (Residential, Single-Household, Low Density District).
The site being considered is not presently located within the corporate limits of the City of Bozeman and
Zone Map Amendment is being processed concurrently with the annexation application. 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”. The property is currently vacant,
undeveloped land.
On May 30, 2012 the Development Review Committee (DRC) recommended approval of the annexation
application with the recommended terms of annexation and said 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
“Kirk Lot 9, Block 1 Walker Property Subdivision 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 “Kirk Lot 9, Block 1 Walker Property Subdivision 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. 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
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 prior
the City Commission adopting the Resolution of Annexation and accepting the Annexation
Agreement.
7. The property is located within the regulatory floodplain of the East Gallatin River shown on Flood
Insurance Rate Map panel 30031C08006D. A floodplain development permit shall be obtained
pursuant to the city’s Floodplain Regulations (Chapter 38, Article 31 Bozeman Municipal Code)
prior to issuance of a building permit. The lowest floor of the building shall be constructed no
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lower than 2’ above the base flood elevation and an Elevation Certificate shall be prepared to
document compliance with this standard.
8. The future building shall connect to the existing municipal water and sewer services and pay
impact fees commensurate to the service size.
Background
The Walker Property Subdivision PUD was approved by the City of Bozeman and Gallatin County
under joint jurisdiction as part of the three-mile City/County planning “doughnut” in 1990 and currently
falls within the jurisdiction of Gallatin County. The existing overall zoning patterns within this planned
unit development (PUD) includes a mix of Agricultural Suburban (AS), Residential, Single-Household
Low Density District (R-1), Residential Single-Family Medium Density (R-2), Residential Medium
Density (R-3), Residential Office (R-O), and Neighborhood Service (B-1). The property under
consideration is part of a mixed-use major subdivision consisting of single-household residences,
condominiums, offices, day care center, restaurant, motel, car wash and gas station/convenience store.
The remaining subdivision lots are not yet developed.
The Montana Department of Natural Resources and Conservation (DNRC) and Montana Department of
Environmental Quality (DEQ) in 2002 determined that wells for domestic use will not be permitted as a
result of the plume associated with the Bozeman solvent site and connection to the recently installed
municipal water supply will be required for all new potable service. Thus, annexation for new
development of the remaining lots is required to access municipal infrastructure, as well as municipal
zoning.
In May of 2002, the City Commission approved the Walker Property Zone Map Amendment (#Z-0252)
that approved a blank zone map amendment for all twenty-two (22) subdivision lots contingent on
receiving a complete annexation application for each lot(s) before May 20, 2004. The intent of this
blank zone map amendment application was to maintain, as much as possible, the existing zoning and
land use patterns, as well as promote efficient annexation to the City limits due to the need and
availability of services. The proposed amendment implemented by the City in 2002 was intended to
give each property the ability to essentially keep the existing zoning designations if and when property
owners choose to annex to the City of Bozeman.
While some of the existing residential dwellings predate the DNRC and DEQ requirement to annex to
the City and tie into municipal infrastructure only seven of the approximate twenty-two subdivision lots
have annexed. Those that have annexed are illustrated on the applicant’s annexation and zone map
amendment exhibits.
Zoning Designation & Land Uses
The property is currently vacant undeveloped lands contiguous to an annexed parcel (Lot 7, Block 1)
situated immediately to the north and zoned “R-1”. The following existing land uses and zoning are
adjacent to the subject property:
North: Annexed land zoned “R-1” (Lot 7, Block 1 Walker Property Subdivision) – Designated
“Residential” on the City of Bozeman Future Land Use Map.
South: Partially developed; Unannexed County land zoned “AS” (Agricultural Suburban
District) – (Lot 1A, Walker Property Subdivision) - Designated “Residential” on the City of
Bozeman Future Land Use Map.
East: Vacant; Uannexed County land zoned “AS” (Agricultural Suburban District) – (Lot 8,
Block 1, Walker Property Subdivision) - Designated “Residential” on the City of Bozeman
Future Land Use Map.
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West: Developed; Uannexed County land (Lot 10A, Block 9, Walker Property Subdivision)
zoned “AS” (Agricultural Suburban District) – 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
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 under separate cover.
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. 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 as established with Lot 7, Block 1 of Walker
Property Subdivision immediately to the north.
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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 totally surrounded by the City. As discussed previously, the area in question
is the result of a decision by the Montana Department of Natural Resources and Conservation (DNRC)
and Montana Department of Environmental Quality (DEQ) in 2002 that private wells for domestic use
in the subject area will not be permitted as a result of the plume associated with the Bozeman solvent
site. As a result, connection to the recently installed municipal water supply will be required with
development of each individual subdivision lot, which includes formal annexation to 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
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. As part of an existing subdivision, the area’s transportation network system for
this area has been completed, including stormwater facilities improvements. The City Engineer‘s Office
has not identified the need for any additional waivers, easements or rights-of-way with this request for
annexation.
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” on the Future Land Use Plan of the Bozeman Community Plan.
This annexation, and the zoning proposed (#Z-12091), 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-12091) to establish an initial municipal
zoning designation of R-1 (Residential, Single-Household, Low Density District) on the 1.92 acres. The
Zoning Commission held a public hearing on the Zone Map Amendment application on July 17, 2012,
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and voted 3-0 in favor of a recommendation of the proposed R-1 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 has indicated that they prefer a zoning designation of R-1 (Residential, Single-
Household, Low 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
unpaved county roads will be the most commonly used route to gain access to the property.
The property proposed for annexation fronts onto a paved local street constructed to County standard as
part of the Walker Property Subdivision PUD. The area’s transportation network system for the
proposed zoning designation was evaluated and constructed with the approval of Walker Property
Subdivision PUD in 1990. The existing lot is accessed by the local street Gibson Drive which connects
with Campbell Road and then links with two arterial roads, Springhill Road and US Highway 10.
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 at the time of
annexation, based on an amount determined by the Director of Public Services 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
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limits or lying outside the City limits but within the identified sewer or water service area
boundaries, shall generally not apply.
City infrastructure and emergency services are immediately available to the subject property. As noted
previously the intent of the applicant for annexing the subject property is to access municipal
infrastructure. Assessment of the impacts to infrastructure, public services, schools, park land, and other
community requirements was achieved and evaluated during subdivision review in 1990. Said impacts
identified with development of the subdivision were mitigated with the filing of the final plat. For this
application, the DRC has determined that municipal infrastructure is located in the immediate area and
could be extended from their current location in Gibson Drive (i.e., 8” water and sanitary sewer mains).
Emergency services are currently serving this area, and municipal police and fire are within adequate
response times of the site.
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 development of the property. The applicant
is reminded by the City Engineer’s Office that the property is located within the regulatory floodplain of
the East Gallatin River and that a floodplain development permit shall be obtained pursuant to the city’s
Floodplain Regulations (Chapter 38, Article 31 Bozeman Municipal Code) prior to issuance of a
building permit (see Engineer Office recommended annexation term #8).
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 Services 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 development on the propert y as a single family dwelling, 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 as set forth under this policy.
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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
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:
Roger Kirk, 11 Kean Drive, Bozeman, MT 59718
C & H Engineering and Surveying, Inc., 1091 Stoneridge Drive, Bozeman, MT 59718
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