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HomeMy WebLinkAboutResolution 4400, Goals and Policies related to annexation Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Chris Saunders, Assistant Director Tim McHarg, Planning Director SUBJECT: Commission Resolution 4400 MEETING DATE: September 10, 2012 AGENDA ITEM TYPE: Action (Legislative Item) RECOMMENDATION: Adopt Resolution 4400 amending the resolution establishing goals and policies relating to annexation to coordinate wording with Resolution 4399 establishing policy on water rights and Ordinance 1839 amending Section 38.23.180, Water Rights. RECOMMENDED MOTION: “Having reviewed the draft resolution, considered public comment, and considered all of the information presented, I find the amended resolution to be in the public interest and consistent with other City policies and move to approve Resolution 4400.” BACKGROUND: The Commission adopted its first resolution setting policies and goals for annexation on May 29th, 1984 with Resolution 2502. This original resolution included water rights in the subjects addressed. All subsequent resolutions setting annexation goals and policies also addressed water rights. The City Commission adopted Resolution 3907 on April 24, 2006 to revise and reestablish certain goals and policies pertaining to annexation. The policies of Resolution 3907 included references to provision of water rights. Ordinance 1796 was adopted on January 3, 2011 which placed water rights directly into the municipal code. The City Commission preliminarily adopted Ordinance 1839 on August 27, 2012 amending Section 38.23.180 which governs the acquisition of water rights to mitigate impacts of development. Final adoption is scheduled for September 10, 2012. It is in the public’s interest to have all of the City’s policies on a single subject be coordinated. The City Commission directed Staff to prepare revisions to Resolution 3907 to ensure the various ordinances and resolutions are consistent with the terms of Ordinance 1839. Resolution 4400 also includes corrections to citations necessary to reflect the renumbering that occurred with the recent recodification of the municipal code. UNRESOLVED ISSUES: None ALTERNATIVES: The City Commission could decline to approve the resolution or could propose alternative text. 666 FISCAL EFFECTS: None Attachments: Resolution 4400 Report compiled on: August 30, 2012 667 1 of 4 COMMISSION RESOLUTION NO. 4400 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, REVISING AND RE-ESTABLISHING GOALS AND POLICIES FOR ANNEXATION OF PROPERTIES TO THE CITY OF BOZEMAN, AND SUPERSEDING COMMISSION RESOLUTION NO. 3907. WHEREAS, the City of Bozeman wishes to establish updated comprehensive annexation goals and policies, to provide for orderly, well-planned growth; and WHEREAS, adoption of such goals and policies will provide our community with clear guidelines for informed annexation proposals; and WHEREAS, the City establishes these goals and policies in accordance with annexation statutes as set forth in Title 7, Chapter 2, Parts 43, 45, 46 and 47, M.C.A. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Section 1 Goals The following goals are hereby established for the consideration of annexations to the City of Bozeman. 1. It shall be the goal of the City of Bozeman to encourage annexations of land contiguous to the City. 2. The City shall seek to annex all areas that are totally surrounded by the City, without regard to parcel size. 3. The City shall seek to annex all property currently contracting with the City for City services such as water, sanitary sewer and/or fire protection. 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. 668 Resolution No. 4400, Goals and Policies for Annexation 2 of 4 Section 2 Policies The following policies are hereby established for the consideration of all future annexations to the City of Bozeman. 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. 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 of the application for annexation. b. Initial zoning classification 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. c. The applicant may indicate his or her preferred zoning classification as part of the annexation application. 3. Fees for Annexation procedures shall be established by the City Commission. No fee will be charged for any City-initiated annexation. 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. 5. Prior to annexation of property, it shall be the policy of the City of Bozeman to acquire adequate and usable water rights, or an appropriate fee in lieu thereof, in accordance with Section 38.23.180 of the municipal code, 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 (10) acres, it shall be carried out prior to final plat approval, final site plan approval or the issuance of any building permit, whichever occurs first provided applicant executes a promissory note or other appropriate document acceptable to the City. 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-Household, 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 669 Resolution No. 4400, Goals and Policies for Annexation 3 of 4 future, the owner of the property will enter into a separate agreement providing that, at the time of the change, the owner or its successor shall supply any additional water rights or fee which might be due, based on the actual zoning designation at the time of the change. 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 accommodation 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 identified sewer or water service area boundaries, shall generally not be approved. 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. 8. The annexation application shall be accompanied by mapping to meet the requirements of the Director of Public Service. 9. It shall be the policy of the City of Bozeman to assess a system development/ impact fee in accordance with Chapter 3.24Chapter 2, Article 6, Division 9, Bozeman Municipal Code, and accordance with the Bozeman Growth Policy and other policies as they are developed. 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 last declared county real estate tax records, not more than forty-five days nor less than fifteen 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 required by Section 18.76.020.A38.40.020.A & B.1, 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. 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. 12. When possible, the use of Part 46 annexations is preferred. 670 Resolution No. 4400, Goals and Policies for Annexation 4 of 4 PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 10th day of September 2012. The effective date of this Resolution shall be October 13, 2012. __________________________________________ SEAN A. BECKER Mayor ATTEST: _________________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: ________________________________________ GREG SULLIVAN City Attorney 671