HomeMy WebLinkAboutPine Meadows Annexation #A-12007
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Doug Riley, Associate Planner
Steve Worthington, Community Development Director
SUBJECT: Pine Meadows Annexation #A-12007
MEETING DATE: February 4, 2013
AGENDA ITEM TYPE: Action (Legislative)
RECOMMENDATION: The City Commission adopts the provided findings and approves the
annexation, with the 12 recommended terms of annexation listed on pages 2-4 of the Staff
Report, and directs staff to prepare an annexation agreement for signature by the parties.
RECOMMENDED MOTION: Based upon the analysis and findings in the Staff Report, and after consideration of public comment, I move to approve Annexation #A-12007, with the 12 recommended terms of annexation listed on Pages 2-4 of the Staff Report, and direct
staff to prepare an annexation agreement for signature by the parties.
BACKGROUND: The property owner and applicant, Lorie L. Hovanec, represented by Madison Engineering, proposes to annex the 4.02 acre subject property and adjacent road right-of-ways to the corporate limits of the City of Bozeman and to establish an initial municipal
zoning designation of R-3 (Residential Medium Density District) on approximately 0.58 acres
adjoining Durston Road and Valley Drive and for R-2 (Residential Two-Household Medium
Density District) for the remaining 3.44 acres. 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”. There is an existing home on the southern
portion of the property on Valley Drive. The northern portion of the property is currently vacant.
Note: This agenda item is related to the following (corresponding) Zone Map Amendment (ZMA) request on the agenda but procedurally is required to be reviewed prior to the ZMA.
UNRESOLVED ISSUES: Similar to the Christenot annexation (located two parcels to the east
of this location that was reviewed by the Commission in 2011), the Applicant made four requests
as part of their annexation application:
1) Defer the payment to the Durston Road payback district for Special Improvement District No. 684 until occupancy of new construction; 2) Eliminate the requirement for connecting the existing structure to sewer and water;
3) Eliminate the levying of all impact fees for the existing structure; and
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4) Defer the provision of or payment of cash-in-lieu of water rights until occupancy of new
construction.
Considering the similarities of this application to the Christenot property to east, the same
approval as the Christenot annexation, or conditions of approval, in regards to these requests are recommended. Each one of these items has been discussed within the framework of the attached staff report under the “Review Criteria & Findings” section (p. 5) and the respective staff
recommendations on each of these requests is addressed under the first six (6) “Recommended
Terms of Annexation” beginning on page 2 of the staff report.
ALTERNATIVES: 1) The City Commission can decide to modify the “Recommended Terms of Annexation”.
2) The City Commission could decide to not annex the property.
FISCAL EFFECTS: Annexing the property and establishing the new municipal zoning will
enable future development with connection to City 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.
Attachments: Staff Report, Applicant’s submittal materials
Report compiled on: January 24, 2013
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#A-12007 Pine Meadows Annexation Staff Report 1
City Commission Staff Report for the Pine Meadows Annexation - File #A-12007
Item: Annexation #A-12007, an application requesting annexation of approximately 4.02 acres and adjacent road right-of-ways located on the southeast corner of Durston Road and Valley Drive.
Applicant/Owner: Lorie L. Hovanec
PO Box 240886 Anchorage, AK 99524-0886
Representative: Madison Engineering
895 Technology Blvd., Suite 203
Bozeman, MT 59718 Date: Bozeman City Commission on Monday, February 4, 2013 at 6:00 PM in the
Commission Meeting Room, City Hall, 121 North Rouse Avenue, Bozeman, Montana
Report By: Doug Riley, Associate Planner Recommendation: Approval with Terms of Annexation
______________________________________________________________________________
Project Location The subject property is located on the southeast corner of Durston Road and Valley Drive and is
addressed as 310 Valley Drive. The approximately 4.02 acres is legally described as Tract 7, Smith
Subdivision, located in the NW 1/4 of Section 11, T2S, R5E, PMM, Gallatin County, Montana. Please
refer to the vicinity map below.
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#A-12007 Pine Meadows Annexation Staff Report 2
Proposal
The property owner and applicant, Lorie L. Hovanec, represented by Madison Engineering, proposes to annex the 4.02 acre subject property and adjacent road right-of-ways to the corporate limits of the City
of Bozeman and to establish an initial municipal zoning designation of R-3 (Residential Medium
Density District) on approximately 0.58 acres adjoining Durston Road and Valley Drive and for R-2
(Residential Two-Household Medium Density District) for the remaining 3.44 acres. 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”. There is an existing home on the
southern portion of the property on Valley Drive. The northern portion of the property is currently
vacant.
Similar to the Christenot annexation (located two parcels to the east of this location that was reviewed by the Commission in 2011), the Applicant made four requests as part of their annexation application:
1) Defer the payment to the Durston Road payback district for Special Improvement District
No. 684 until occupancy of new construction;
2) Eliminate the requirement for connecting the existing structure to sewer and water; 3) Eliminate the levying of all impact fees for the existing structure; and 4) Defer the provision of or payment of cash-in-lieu of water rights until occupancy of new construction.
Each one of these items has been discussed within the framework of this staff report under the
“Review Criteria & Findings” section and the respective staff recommendations on each of these requests is addressed under the first six (6) “Recommended Terms of Annexation” below.
Recommended Terms of Annexation
Should the City Commission choose to accept the request for annexation, staff and the Development
Review Committee (DRC) recommend the following terms of annexation be addressed prior to
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acknowledging the Annexation Agreement and formal annexation:
1. The Durston Road SID payback shall be in accordance with Resolution 4359.
2. The existing structure may continue to utilize the on-site sewer system until: a) the
existing fails; b) the existing structure is converted to any use other than a residence; c)
the existing structure is removed or destroyed, by whatever means, beyond 50 percent of
the market value, or d) other habitable development occurs anywhere on the annexed
parcel. If the existing on-site sewer system fails, the existing structure must connect to the public sanitary sewer main. A replacement on-site sanitary sewer system cannot be
utilized.
3. At the time the existing on-site sewer system is disconnected, the on-site system must be
properly vacated and removed, which at a minimum entails the septic to be pumped and filled in with gravel/dirt, or the tank totally removed, as required by the Gallatin County
Health Department.
4. The existing structure may continue to utilize the on-site groundwater well for
domestic use until: a) the existing well fails to the point it needs to be drilled deeper or replaced; b) the existing structure is converted to any use other than a residence; c) the
existing structure is removed or destroyed, beyond 50 percent of the market value,
or d) other habitable development occurs anywhere on the annexed parcel.
5. The land owners and their successors shall pay:
A) Fire impact fees equal to the amount for the existing residence per Chpt. 2, Art. 6. Div. 9
BMC, or as amended, at time of annexation.
B) Water impact fees as required by Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at the time
of application for connection to city water. C) Sewer impact fees as required by Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at the time
of application for connection to city sewer.
6. Water rights or cash-in-lieu of water rights shall be provided in accordance with Section
38.23.180 of the UDC unless a variance is approved by the Commission.
7. That the documents and exhibits to formally annex the subject property shall be identified
as the “Pine Meadows Annexation”.
8. 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.
9. An Annexation Map, titled “Pine Meadows Annexation Map” with a legal description of the property and any adjoining unannexed rights-of-way and/or street access easements
(including for Valley Drive and Durston Road west to the edge of the Smith Subdivision)
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
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the signed Annexation Agreement.
10. That the applicant executes all contingencies and terms of said Annexation Agreement
with the City of Bozeman within 60 days of the City Commission action to annex the property, or annexation approval shall be null and void.
11. That the applicant shall provide and file with the County Clerk and Recorder's office
executed Waivers of Right to Protest Creation of Special Improvement Districts (SID) for
the following:
A. Street improvements including paving, curb/gutter, sidewalk and storm drainage
facilities for the following streets:
a. Fowler Avenue
B. Signalization Improvements for the following intersections:
a. Durston Road/27th Ave.
b. Durston Road/Fowler Ave.
c. West Babcock St/Fowler Ave.
The documents filed shall specify that in the event an SID is not utilized for the
completion of these improvements, the developer agrees to participate in an alternate
financing method for the completion of said improvements on a fair share, proportionate
basis as determined by square footage of property, taxable valuation of the property,
traffic contribution from the development or a combination thereof.
12. The owner shall provide a public street and utility easement for West Villard Street. The
easement shall be 60 feet wide which is the local street standard as shown in the Greater
Bozeman Area Transportation Plan.
Zoning Designation & Land Uses
The following land uses and zoning are adjacent to the subject property:
North: (Across Durston Road): Residential; Zoned R-1 (Residential Single-Household Low Density District)
South: Residential; Unannexed County Land – Designated “Residential” on the City of Bozeman
Future Land Use Map
East: Residential and Vacant; Vacant portions approved zoning for R-3 and R-4 (Residential
High Density District)
West: (Across Valley Drive): Residential; Unannexed County Land – 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:
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“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 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
As of the writing of this staff report, the Department of Planning and Community Development has not
received any written public testimony specific to the annexation. (Public comment has been received
regarding the zoning of the subject property and is addressed under that agenda item and those packet
materials). Any written comments received by the Planning Office specific to the annexation will be forwarded to the City Commission prior to or during the public hearing.
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 the north and east 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, (and some additional un-annexed neighboring properties), are 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
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such as water, sanitary sewer and/or fire protection.
The subject 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 and utility service
boundary. 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 Recommended Terms of Annexation include requirements for waivers of right-to-protest against the creation of improvement districts for park maintenance, street and stormwater improvements
(Recommended Terms of Annexation #8 & #11). The annexation agreement would also require the
dedication of street and utility easements for W. Villard Street through the subject property
(Recommended Term of Annexation #12). MCA Section 7-2-4211 also requires that, “in all instances of annexation allowed under parts 42 through 47 of this chapter, the municipality shall include the full width of any public streets or roads, including the rights-of-way, that are adjacent to the property being
annexed.” Therefore, the adjacent unannexed existing right-of-ways for Durston Road and Valley Drive
shall be included in the final annexation materials (Recommended Term of Annexation # 9).
Water rights are discussed under Policy Item No. 5 later in this report.
Regarding the applicants request to defer the payment to the Durston Road payback district for Special
Improvement District No. 684 until occupancy of new construction, this policy issue was discussed and
resolved by the City via Resolution #4359 which the Commission adopted on March 19, 2012.
Essentially, this new resolution requires a financial contribution from all properties within the Durston
Road Improvement Annexation Area for all existing residential units and sets that formula. If the
property is vacant, the payback is made at the time of future subdivision or development (i.e. site plan
approval) based on the number of lots or units being proposed on the property. This resolution was
passed with the intent of encouraging annexation of these infill properties. Therefore, Recommended Term of Annexation #1 makes reference to this new Resolution.
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,
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said amendment process may be initiated by the applicant and conducted concurrently with the processing for annexation.
The property is designated “Residential” within the Bozeman Community Plan. This annexation, and the applicant’s proposed R-3 and R-2 zonings (#Z-12298), 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-12298) to establish an initial municipal
zoning designation of R-3 (Residential Medium Density District) on approximately 0.58 acres adjoining
Durston Road and Valley Drive and for R-2 (Residential Two-Household Medium Density District) for the remaining 3.44 acres. The Zoning Commission held a public hearing on the Zone Map Amendment
application on January 15, 2013, and voted 4-0 to recommended approval of the requested zonings. (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-3 (Residential Medium
Density District) on approximately 0.58 acres adjoining Durston Road and Valley Drive and for R-2 (Residential Two-Household Medium Density District) for the remaining 3.44 acres 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.
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 on Durston Road, which is paved and designated as an
arterial roadway in the Greater Bozeman Area Transportation Plan, and Valley Drive (an unpaved
County Road). The existing home on the southern portion of the property currently takes access to
Valley Drive. As an unpaved County road, Valley Drive will be required to be upgraded as part of any future development proposal on the subject property. With the dedication of the West Villard Street
right-of-way across the subject property (Recommended Term of Annexation #12) an additional access
connection to the east will also be available once the adjacent properties are developed.
The Annexation Agreement will include notice that, prior to future development, the applicant will be responsible for installing any facilities required to provide full municipal services to the property in
accordance with the City of Bozeman’s facility plans and all City policies that may be in effect at the
time of development.
Note: The annexation and the placement of a zoning district designation on the property by the City does not guarantee available services. Section 38.07.010.C of the Unified Development Code states:
“Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on
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the part of the city that the range of uses allowed within that district are generally acceptable in that
location. It is not a guarantee of approval for any given use prior to the completion of the appropriate
review procedure and compliance with all of the applicable requirements and development standards of this chapter and other applicable policies, laws and ordinances. It is also not a guarantee of immediate infrastructure availability or a commitment on the part of the city to bear the cost of extending services”.
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.
The applicant, as was requested with the previous Christenot and Leep annexations to the east, requested that “levying of fee-in-lieu of water rights be made proportional to and incremental, per occupancy
permit requests”.
Since the Christenot and Leep Annexations where this issue was discussed by the Commission, 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. The city may elect to accept a transfer to the city of ownership of water rights if
the water rights proposed to be transferred are legally and physically adequate as
determined by the city to provide the annual volume of water the development will
require. A transfer of ownership of water rights must be in a form and manner
suitable for municipal purposes and as approved by the review authority.
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 pursuant to subsection A 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:
1. By phase for phased developments.
2. For annexations of vacant land when the annexation is in excess of ten acres.
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3. For annexation of parcels of ten acres or less or for any size parcel if
development exists on the area being annexed prior to the annexation and
provision of water rights or payment-in-lieu pursuant to subsection A provided
at the time of annexation for the uses present on the site at the time of
annexation. Subsequent development is subject to the provisions of subsection
A.
4. For additional development beyond one dwelling unit per lot for lots zoned
residential within a subdivision if water rights or payment-in-lieu is provided
pursuant to subsection A prior to final plat for at least one residential unit on that
lot. Additional development requires compliance with this section. A notice of
restriction on future development in a form acceptable to the city shall be
recorded with the Gallatin County Clerk and Recorder prior to the city granting a
waiver under this subsection.
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 unit cost for payment-in-lieu shall be established 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.
This code amendment/policy is reflected in Recommended Term of Annexation #6.
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.
Full City infrastructure and emergency services are available to the subject property. The Annexation
Agreement shall contain provisions that discuss the developer’s responsibility for extending the necessary services (water, sewer, streets, storm water facilities, etc.) to/into the site under consideration. The purpose of the annexation is to prepare the property for future development. The existing structure
has been served by an on-site sewer system and groundwater well since the time it was constructed. As
long as the existing on-site sewer system and groundwater well are operable and safe, and the structure
continues to only be used as a residence, the continued use of these systems is acceptable. While connection to municipal services is typically required, Sections 40.02.350 and 40.03.330, BMC, provides that the Director of Public Services may temporarily waive the connection to the municipal
water and sewer system if the rule introduces unusual difficulty. The Director of Public Services has
found this to be an unusual difficulty, and has granted a temporary waiver to these connections, subject
to the following conditions: A. The existing structure may continue to utilize the on-site sewer system until: a) the existing
fails; b) the existing structure is converted to any use other than a residence; c) the existing
structure is removed or destroyed, by whatever means, beyond 50 percent of the market
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value, or d) other habitable development occurs anywhere on the annexed parcel. If the
existing on-site sewer system fails, the existing structure must connect to the public sanitary
sewer main. A replacement on-site sanitary sewer system cannot be utilized. (Recommended
Term of Annexation #2)
B. At the time the existing on-site sewer system is disconnected, the on-site system must be
properly vacated and removed, which at a minimum entails the septic tank to be pumped and
filled in with gravel/dirt, or the tank totally removed, as required by the Gallatin County
Health Department. (Recommended Term of Annexation #3)
C. The existing structure may continue to utilize the on-site groundwater well for domestic use
until: a) the existing well fails to the point it needs to be drilled deeper or replaced; b) the
existing structure is converted to any use other than a residence; c) the existing structure is
removed or destroyed, by whatever means, beyond 50 percent of the market value, or d) other habitable development occurs anywhere on the annexed parcel. (Recommended Term
of Annexation #4)
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 additional 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.
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.
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 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 # 9).
Policy 9: It shall be the policy of the City of Bozeman to assess a system development/impact fee in
accordance with Chpt. 2, Art. 6, Div. 9 Bozeman Municipal Code (Impact Fees), and in accordance with the Bozeman Growth Policy and other policies as they are developed. As previously noted, the applicant has requested to eliminate the requirement for connecting the existing
home to sewer and water and to eliminate the levying of all impact fees for the existing dwelling. The
Director of Public Services granted the request to delay connection of the existing structure to municipal services. As such, Sewer and Water Impact Fees do not have to be paid until the time an application is
made to connect to these services (Recommended Terms of Annexation #5B & 5C).
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The payment of fire impact fees for the existing structure will be required upon annexation per Chpt. 2,
Art. 6, Div. 9 BMC as this new demand/service is being supplied by the City upon annexation.
(Recommended Term of Annexation #5A)
A street impact fee would not have to be paid unless or until there is some new construction or further
development on the property that would trigger a building permit. At the time of any further
development on the property, the land owner or their successors shall pay all additional impact fees
required by Chpt. 2, Art. 6, Div. 9 BMC.
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 posted on the site 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 #10.
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
Report Sent to: Lorie L. Hovanec, PO Box 240886, Anchorage, AK 99524-0886 Madison Engineering, 895 Technology Blvd., Suite 203, Bozeman, MT 59718
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