HomeMy WebLinkAboutA13004 Simment Annexation staff report- Corrected maps
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Chris Saunders, Policy and Planning Manager
Wendy Thomas, Community Development Director
SUBJECT: Simmental Annexation, annexation of 4.309 acres located southeast of the intersection of Campbell Road and Springhill Road. File Number – A13004
MEETING DATE: January 13, 2014
AGENDA ITEM TYPE: Action
RECOMMENDATION: Approval of the Simmental Annexation located southeast of the intersection of Campbell Road and Springhill Road. It is legally described as Lot 1, Block 2,
Walker Property PUD Subdivision.
RECOMMENDED MOTION: “Having reviewed the staff report, 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-13004 and approve the Simmental annexation subject to the identified contingencies.”
Staff report page references: terms of annexation, page 5; findings criteria, page 8.
BACKGROUND: The property owner First Montana Bank, made application to the
Department of Community Development for annexation of approximately 4.309 acres. The site is presently vacant. The subject property is located southeast of the intersection of Campbell Road and Springhill Road. No public comment has been received regarding this application.
If the Commission approves this application the staff and applicant will draft and complete an
annexation agreement for consideration by the City Commission at a future meeting.
UNRESOLVED ISSUES: None identified.
ALTERNATIVES: 1) Approve the annexation as recommended by the DRC.
2) Deny the annexation
FISCAL EFFECTS: None identified.
Attachments: Staff Report, Applicant’s submittal materials.
Report compiled on: January 2, 2013
90
Page 1 of 11
A-13004, Staff Report for the Simmental Annexation
Date: City Commission meeting is on January 13, 2014
Project Description: Annexation of 4.309 acres.
Project Location: Southeast of the intersection of Campbell Road and Springhill Road. It is
legally described as Lot 1, Block 2, Walker Property PUD Subdivision.
Recommendation: Approval with conditions
Recommended Motion: Having reviewed the staff report, 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 -13004 and approve
the Simmental annexation subject to the identified contingencies.
Report Date: Monday, January 13, 2014
Staff Contact: Chris Saunders
TABLE OF CONTENTS
SECTION 1 - MAP SERIES .................................................................................................... 2
SECTION 2- RECOMMENDED TERMS OF ANNEXATION ............................................. 4
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 6
SECTION 4 - STAFF ANALYSIS........................................................................................... 6
Resolution 3907 Criteria ..................................................................................................... 6
APPENDIX A –PROJECT DESCRIPTION AND BACKGROUND ................................... 10
APPENDIX B – NOTICING AND PUBLIC COMMENT ................................................... 10
APPENDIX C – PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 11
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 11
A-13004, Staff Report for the Simmental Annexation Page 2 of 11
SECTION 1 - MAP SERIES
Vicinity Map showing adjacent zoning
Surrounding Zoning and Land Uses
North: Unannexed, vacant: zoned AS, Agricultural Suburban
South: N. 19th Avenue : zoned B-1, Neighborhood Commercial
East: Unannexed, open space: zoned AS, Agricultural Suburban
West: Unannexed, Retail: zoned B-1, Neighborhood Commercial
A-13004, Staff Report for the Simmental Annexation Page 3 of 11
Vicinity Map from Figure 3-1 of the Bozeman Community Plan
A-13004, Staff Report for the Simmental Annexation Page 4 of 11
Vicinity Map of existing City boundary
SECTION 2- RECOMMENDED TERMS OF ANNEXATION
The following terms of annexation are recommended to enable the application to comply
with the City’s Annexation Policy and the requirements of state law for the provision of
services.
Recommended terms of annexation:
1. That the documents and exhibits to formally annex the subject property shall be identified
as the “Simmental Annexation”.
2. That the applicant execute at the Gallatin County Clerk & Recorder’s Office in
conjunction with the annexation 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 “Simmental Annexation Map” with a legal description of the
property and any adjoining unannexed rights-of-way and/or street access easements
(including for Campbell 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 Works 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.
A-13004, Staff Report for the Simmental Annexation Page 5 of 11
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.
6. This property is located within the Bozeman Solvent Site Payback District (Commission
Resolution 3519). The payback specifies that the property shall be assessed $0.082 per
square foot (plus the cost of the consumer price index adjustment). This assessment is due in
full to the City of Bozeman at the time of hook up to municipal water.
7. 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’s) for the
following:
a. Street improvements to Springhill Road and Campbell Road including but not limited
to paving, curb and gutter, sidewalk, and storm drainage improvements
b. Improvements to the intersection of Springhill Road and N. 19th Avenue.
c. Improvements to the intersection of Springhill Road and Frontage Road (US 10).
The document 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.
8. The annexation agreement shall include notice that, prior to 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 infrastructure master plans and all
city policies that may be in effect at the time of development.
9. Prior to any development of the subject annexation, a stormwater drainage and grading
plan shall be provided to and approved by the City Engineer. The plan must demonstrate that
adequate treatment of runoff from the public streets and all future lots will be achieved by
providing spot elevations, flow direction arrows, detention and/or retention basin details
(including basin sizing calculations and basin typical sections), outlet structure details, and
culvert capacity calculations. The plan must also locate and provide easements for adequate
drainage ways within the annexation area to transport treated runoff to the stormwater
receiving channel.
10. The applicant shall provide and file with the County Clerk and Recorder's office executed
Public Street and Utility easements for the following:
a. East half (50-ft) of Springhill Road (Minor Arterial Standard Right of Way).
11. At the time of future development the portion of Campbell Road fronting this property
will be required to be improved to a City standard local street including curb/gutter,
boulevard, and sidewalk or as specified in the Walker Property PUD.
12. Prior to development of the subject annexation, the applicant’s engineer will be required
to prepare a comprehensive design report evaluating the existing capacity of both the water
and sewer utilities. The report must include hydraulic evaluations of each utility for both
A-13004, Staff Report for the Simmental Annexation Page 6 of 11
existing and post development demands. The report findings must demonstrate that adequate
capacity is available to serve full development of the annexation area.
If adequate water and/or sewer capacity is not available for the full development, the report
must identify the water and sewer system improvements required to provide the necessary
capacity. Any improvements necessary to serve the full development must be in place prior
to further development of the site.
13. The applicant must perform a water rights search to determine if any exist for this
property. Any water rights that exist for this property must be transferred to the City of
Bozeman prior to development. If insufficient water rights exist, cash in lieu of water rights,
in an amount determined by the Director of Public Service, must be paid prior to
development.
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: Simmental Annexation
File: A-13004
Having considered the criteria established for an annexation, the Development Review
Committee (DRC) voted on November 27, 2013 to recommend approval with the
contingencies identified above.
The City Commission will hold a public meeting on the annexation on January 13, 2014. The
meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6 p.m.
SECTION 4 - STAFF ANALYSIS
In considering applications for approval of the requested annexation, the advisory boards and
City Commission shall consider the following:
Resolution 3907 Criteria
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 south and west sides of the
property.
Goal 2: The City shall seek to annex all areas that are totally surrounded by the
City, without regard to parcel size.
Not applicable. The property is not surrounded.
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.
Not applicable. The property is not currently receiving services.
A-13004, Staff Report for the Simmental Annexation Page 7 of 11
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 is proposed for office development. The property is located within the
City’s water and sewer service area and is within the identified growth area for the City on
Figure 3-1 of the Bozeman 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 provision of easements
and appropriate waivers of right to protest a park maintenance district and improvements to
streets. The annexation agreement includes a provision addressing this requirement.
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 as residential on Figure 3-1 of the growth policy. The zoning
requested in conjunction with annexation is consistent with this designation. The site has an
unusual zoning approval history which is discussed in detail in the zone map amendment
staff report. It has been determined that no growth policy amendment is required.
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-13255) to establish an initial
municipal zoning designation of 4.309 acres as R-O (Residential-Office district). The zoning
commission made a favorable recommendation on December 17th.
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-O (Residential
Office 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.
A-13004, Staff Report for the Simmental Annexation Page 8 of 11
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.
There are no unpaved county roads used to access the property. The site is adjacent to
Springhill Road and Campbell Road. Access will be taken from Campbell Road which is
paved.
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 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 property is of a size and development type that allows deferral of payment until future
development as authorized by Section 38.23.180, BMC. The annexation agreement includes
a provision addressing this requirement.
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 be approved.
City infrastructure and emergency services can be provided upon development of the
property. The City provides services to adjacent properties at this time. This property does
not intrude on capacity reserved for another 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.
The applicant intends to develop the property as offices. This will require municipal services
in the future. No services are currently being contracted. The provision of municipal services
is the primary focus of the annexation agreement which establishes the basic responsibilities
for the private parties and the City.
A-13004, Staff Report for the Simmental Annexation Page 9 of 11
Policy 8: The annexation application shall be accompanied by mapping to meet the
requirements of the Director of Public Works.
Mapping to meet the requirements of the Director of Public works 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 # 3).
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.
There are no existing buildings on the site. This will be addressed at the time of 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 posted on the site as set forth under this
policy. Notice was also included as part of the related zoning change.
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 #5. The agreement shall
be prepared upon action by the City Commission to approve the annexation.
Policy 12: When possible, the use of Part 46 annexations is preferred.
This annexation is being processed under Part 46 provisions.
A-13004, Staff Report for the Simmental Annexation Page 10 of 11
APPENDIX A –PROJECT DESCRIPTION AND BACKGROUND
The Simmental annexation and zone map amendment were submitted on October 30, 2013.
The site is approximately 4.309 acres located southeast of the intersection of Springhill Road
and Campbell Road. The initial application also included a growth policy amendment (GPA).
After researching past zoning actions on the property, staff determined that the GPA was not
required. The history outlined below provides the explanation as to why the GPA is not
required.
The Walker Property PUD was approved in the early 1990’s by the Bozeman City
Commission and was subject to the municipal zoning code. Although the property at that
time was outside of the City, and is only now being annexed, the City had extraterritorial
zoning authority in place. Developments outside of the official City limits but within
approximately 3 miles of town were reviewed by the Bozeman City-County Planning Office
and municipal zoning applied.
The project site was, at that time, zoned as Residential-Office. When the extraterritorial
zoning was terminated in July 1999, the County reestablished the same Residential-Office
designation on that site through their zoning authority. The present project now seeks to
designate the property within the City as Residential-Office.
The site is planned for residential uses and the Residential-Office zoning district is an
implementing district for the future land use designation. See Appendix G of the growth
policy. The applicants wish to construct an office building on the site. The Residential-Office
zoning district requires that a residential component be included. However, the Walker
Property PUD specifically lists the allowed uses for the subject lot, including offices without
residences. The City respects entitlements which have been established for specific lots. It is
an unusual situation for the property to have obtained a development entitlement from the
City, left the City’s jurisdiction, and then come back into the City’s jurisdiction.
Due to the pre-existing entitlement granted by the City prior to the current annexation the site
will be allowed to develop as a purely office development.
APPENDIX B – NOTICING AND PUBLIC COMMENT
Notice was published in the legal section of the Bozeman Daily Chronicle on September 29th,
December 1st and December 15, 2013. The site was posted on November 27, 2013. Notice
was mailed to all property owners within 200 feet of the outer boundary of the site on
November 27, 2013. Notice was provided at least 15 and not more than 45 days prior to the
Zoning Commission public hearing on December 17, 2013 and the City Commission public
hearing on January 13, 2014.
As of the writing of this report no public comment has been received. Any comments
received will be provided to review agencies prior to or at the public hearings. No public
comment was received at the public hearing held by the Zoning Commission.
A-13004, Staff Report for the Simmental Annexation Page 11 of 11
APPENDIX C – PROJECT GROWTH POLICY AND PROPOSED ZONING
Zoning Designation and Land Uses:
The intent of the R-O residential-office district is to provide for and encourage the
development of multi-household and apartment development and compatible professional
offices and businesses that would blend well with adjacent land uses. The primary use of a
lot, as measured by building area, permitted in the R-O district is determined by the
underlying growth policy land use designation. Where the district lies over a residential
growth policy designation the primary use shall be non-office uses; where the district lies
over a nonresidential designation the primary use shall be office and other nonresidential
uses. Primary use shall be measured by percentage of building floor area.
Adopted Growth Policy Designation:
The property is designated as “Residential” in the Bozeman Community Plan. The 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.
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owner: First Montana Bank, 1336 Stoneridge Drive, Bozeman MT 59718
Applicant: American Simmental Association, 1 Simmental Way, Bozeman MT 59715
Representative: Madison Engineering, 895 Technology Blvd, Ste 203, Bozeman, MT 59718
Report By: Chris Saunders, Policy and Planning Manager
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134