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HomeMy WebLinkAboutResolution 4400 Revising and Re-Establishing goals and policies for Annexation of Properties Co.t . 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. 1 of 4 Resolution No. 4400, Goals and Policies for Annexation 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 avefage annual&vefsien requirement neeessai=y te pr-evide�he arAieipated Epiefage af.-iffial eenstmVtieii ef v�elef by fesideiAs aftd/ef tiser-s ef the pr-eperty when fully develeped en the basis of the zoning designation(s). The -&-ee may be iised to aequire water- r-i&s af fe 4s te the water systeffi whieh would er-eate additiena4 walef stipp eapaeib,, This peliey may be &ubjeet to the fellewing exeepti a. Fer-afty aiine�Eatieii in eNeess ef ten(10)aer-es,it shall be eaffied efft pfier-to final plat appreval, final site plan appreva4 or- 4te issiianee of any Wildiiig pefmit, whieheve eeetffs first provided applieai4 exeetites a premissei-y Rote er- other- appr-epi:iale doeument aeeeptable to the Givy. b. Fef aRy annexatien or portien thereof proposed fi)r use as a ehweh as that tefm defined in the Bozeman zoning or-dinanee, the R 1, ResiderAial Single 14ouseheld, Low 's Density Distr-iet shall be used ift plaee of the pfepefty , zening designation f�e ealeulating the water requirement. if!he use ehmges 4em a ehweh at aft),fifne in the 2 of 4 Resolution No. 4400, Goals and Policies for Annexation -9... the time of the ehange, the ewtier- ar- its sueeesser- shall supply any additional wa4 rights or fee whieh fnigh4 be"e,based en the aetual .a the eh 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 systern development/impact fee in accordance with-Chaptef 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 18.76.0-20. 38.40.020.A & B.1, BMC.Ina�d• e ,�-a annexed, nefiee shall provide a map of the area in question so as to indieate its general leeation 11. Annexation agreements shall be executed and returned to the City within 60 days of distribution of the annexation agreement, unless another tirne period is specifically identified by the City Commission. 12. When possible, the use of Part 46 annexations is preferred. 3 of 4 Resolution.No. 4400, Goals and Policies for Annexation. PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the l 01" day of September 2012, The effective date of this Resolution shall be October 13 2012. SEAN A. BECKER Mayor ATTEST: ew m CmC City Jerk M APPROVED AS TO FORM: SULLIVAN City Attorney 4 of