HomeMy WebLinkAboutA-12006, Annexation of 10 acres located at the SE corner of Huffine & Cottonwood Commission Memorandum
REPORT TO: Honorable Mayor and City Commission FROM: Chris Saunders, Assistant Director
Tim McHarg, Director
SUBJECT: A-12006, Annexation of 10 acres located at the SE corner of the intersection of Huffine Lane and S. Cottonwood Road.
MEETING DATE: October 1, 2012
AGENDA ITEM TYPE: Action
RECOMMENDATION: Approve application A-12006 with terms as presented in the staff
report and direct the preparation of an annexation agreement.
SUGGESTED MOTION: Having reviewed the application materials, considered public
comment, and considered all of the information presented, I hereby adopt the findings presented
in the staff report for application A-12006 and move to approve the annexation with conditions
and subject to all applicable code provisions and direct the preparation of the required annexation agreement.
BACKGROUND: An application to annex 10 acres was received on August 8, 2012. The
parcel to be annexed is adjacent to the City on two sides and the annexation meets the criteria
from Commission Resolution 3907. The Development Review Committee recommends that the City Commission approve annexation of the property.
UNRESOLVED ISSUES: None
ALTERNATIVES: 1) Approve or deny the requested annexation. 2) Modify the terms of
annexation.
FISCAL EFFECTS: No immediate fiscal impacts are expected from this action. Future
development will generate both costs and revenues dependent on the nature of any future
development.
Attachments: Annexation staff report Application materials
Report compiled on: September 20, 2012
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City Commission Staff Report for the Cresent Cross Annexation - File #A-12006
Item: Annexation #A-12006, an application requesting annexation of 10 acres
located at the SE corner of the intersection of Huffine Lane and Cottonwood Road. Applicant/Owner: Cresent Cross limited partnership
5550 Blackwood Road
Bozeman MT 59718
Representative: Madison Engineering 895 Technology Blvd, Ste 3
Bozeman, MT 59718
Date: Bozeman City Commission on Monday, October 1, 2012 at 6:00 PM in the Commission Meeting Room, City Hall, 121 North Rouse Avenue, Bozeman, Montana
Report By: Chris Saunders, Assistant Director
Recommendation: Approval with Terms of Annexation ______________________________________________________________________________
Project Location
The subject property is located e SE corner of the intersection of Huffine Lane and Cottonwood Road. The 10 acres is legally described as a portion of Tract 2, Certificate of Survey 2229, Section 15, Township 2 South, Range 5 East, Gallatin County, Montana. Please refer to the vicinity map below.
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Proposal
The property owner and applicant proposes to annex the 10 acre subject property to the corporate limits
of the City of Bozeman and establish an initial municipal zoning designation of B-2 (Community Business District). 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 zoning is being reviewed as application Z-12200. The
underlying land use designation for the property is “Suburban Residential”. The property is currently
vacant. Recommended Terms of Annexation
Should the City Commission choose to accept the request for annexation, the Development Review
Committee (DRC) recommends the following terms of annexation be addressed prior to authorizing the
City Manager’s signature on 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
“Crescent Cross 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. 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 improvements to Cottonwood Road and Huffine Lane, which
would provide a mechanism for the fair and equitable assessment of installation of curbs, gutters,
and sidewalks as part of the Annexation Agreement.
4. 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 Lighting District, which would provide a mechanism for the fair
and equitable assessment of installation and maintenance costs for City street lighting as part of
the Annexation Agreement.
5. An Annexation Map, titled “Crescent Cross Annexation Map” with a legal description of the
property which includes the adjoining unannexed rights-of-way and/or street access easements
for Cottonwood Road 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.
6. That provisions for water rights or cash in-lieu of water rights be provided in an amount
determined by the City Engineer, prior to the City Commission adopting the Resolution of
Annexation and accepting the Annexation Agreement. As the tract is 10 acres in size provision
of the required amount is deferred until site development or subdivision.
7. 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
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Code, or as amended at the time of application for any permit listed therein.
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.
Zoning Designation & Land Uses
The property is vacant. The following land uses and zoning are adjacent to the subject property:
North: – Designated “Community Commercial Mixed Use” on the City of Bozeman Future Land
Use Map; presently zoned a combination of Business Park and Community Business. Active
uses are banks, medical offices, car dealerships, and vacant property.
South: Unannexed county property, Municipal planned for Residential; Zoned RS, Residential Suburban by Gallatin County.
East: Unannexed County Land – Designated “Residential” on the City of Bozeman Future Land
Use Map; presently zoned as Residential Suburban in the County and developed as an industrial
site.
West: Designated “Community Commercial Mixed Use” on the City of Bozeman Future Land Use Map; presently zoned B-2 and mostly vacant with a building materials wholesaler on one
lot, also some residential open space.
Adopted Growth Policy Designation
The subject property was recently the subject of an amendment to “Figure 3-1 Future Land Use Map of
the Bozeman Community Plan. The amendment reclassified the future use of the property as
Community Commercial Mixed Use.” The Community Commercial land use designation of the
Bozeman Community Plan indicates that:
“Activities within this land use category are the basic employment and services necessary for a
vibrant community. Establishments located within these categories draw from the community as
a whole for their employee and customer base and are sized accordingly. A broad range of
functions including retail, education, professional and personal services, offices, residences, and general service activities typify this designation.”
The property is concurrently being proposed for annexation which will make municipal water and sewer
service available. Development of the site with on-site well and septic services would be contrary to the growth policy. Table C-16 on page C-17 of the growth policy presents a general correlation of the growth policy designations and the various zoning districts in the City. The proposed zoning
corresponds to the future land use designation.
Figure 3-1 (Future Lane Use Map) is not the only element of the growth policy which must be considered. There are many goals, objectives, and other text which must also be evaluated. While not every element will apply to every proposal, a broad evaluation of compliance is needed. A proposal may
comply with Figure 3-1 but not the other elements of the plan. To be in accordance with the growth
policy compliance must be to both Figure 3-1 and the other plan elements.
The property is well within the service area for municipal services. The property is proposed for future development although no design has been submitted at this point. The application appears to conform to
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those elements of the growth policy which can be evaluated at this time. Additional review will occur
during any development proposal.
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. 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 will be
forwarded to the Commission as received.
Public Comment
The Department of Planning and Community Development has received no written public testimony
regarding the annexation. Any written comments received by the Planning Office specific to the
annexation will be forwarded to the City Commission prior to or at the public hearing. Interested parties
have reviewed the application file and voiced concerns to staff on possible building locations of future
development. However, these concerns are not applicable to the provision of services questions which annexation must address. They are relevant to any future site development review.
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 on its west and north boundaries. 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 adjacent to municipal boundaries and is near to
existing water and sewer facilities. Resolution No. 3907 Policies
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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 , and lighting districts
(Recommended Terms of Annexation #2-4). The annexation agreement would also require the
dedication of street and utility easements for Cottonwood Road (Recommended Term of Annexation #5). Cottonwood Road is designated as a principal arterial street in the long range transportation plan. A
pending minor subdivision for the parent parcel would also create right of way parcels for the east half
of Cottonwood Road. The adjoining right of way will be included with the annexation.
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 “Community Commercial Mixed Use” within the Bozeman Community Plan. This is an urban classification and anticipates annexation to the city prior to any development.
This annexation, and the applicant’s proposed B-2 zoning (#Z-12200), would be in compliance with this
designation in accordance with Table C-16 of the Bozeman Community Plan. 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-12200) to establish an initial municipal zoning designation of B-2 (Community Business District) on the 10 acres. The Zoning Commission
held a public hearing on the Zone Map Amendment application on September 18, 2012, and
recommended approval of the B-2 zone. (The zone map amendment and the Zoning Commission’s
recommendation are addressed under that respective action item and packet materials for application #Z-
12200).
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 B-2 (Community Business 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.
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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 Huffine Lane and S. Cottonwood Road. Both of these streets are developed and paved to a partial urban standard at this time. Access locations will be determined during
review of a future development proposal. Additional improvements will be required as part of any site
development.
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.
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.
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The parcel size is 10 acres. Water rights or a fee in lieu will be deferred and provided later in
conjunction with the development of the site through subdivision or zoning review.
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.
When the property has been annexed it will be provided with municipal services. Water mains currently
exist along the South Cottonwood and Huffine Lane right-of-way which can be readily tapped to
provide fire hydrants a supply of water. Water rights will be provided as part of the annexation to enable delivery of water. The City is presently expanding its water and sewer treatment plants to enable
services to be delivered to additional development. These will be completed shortly and will be able to
meet demand from this site.
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 applicable 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.
The developer of the adjacent Loyal Garden subdivision has verbally indicated that they wish to have City approval of a payback agreement for water and sewer extensions which will also benefit this
property. No paperwork or written request has been received as of the writing of this report.
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 #5).
Policy 9: It shall be the policy of the City of Bozeman to assess a system development/impact fee in
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accordance with Chapter 2, Article 6, Division 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 property, 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 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 Cottonwood Road 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
Vicinity maps packet
Report Sent to: Cresent Cross Limited Partnership, 5550 Blackwood Road, Bozeman MT 59718 Madison Engineering, 895 Technology Blvd, Ste 3, Bozeman, MT 59718
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