HomeMy WebLinkAboutE2 - Norton East Ranch Annexation A-06002 CC Packet Complete
Report compiled on July 11, 2006
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Andy Epple, Planning Director
Chris Kukulski, City Manager
SUBJECT: Commission Resolution 3919, Resolution of Intent to Annex for the Norton
East Ranch Annexation, #A-06002
Consent Item
MEETING DATE: Monday, July 17, 2006
BACKGROUND: An annexation application has been submitted for the annexation of 241
contiguous acres located at 8553 Huffine Lane.
UNRESOLVED ISSUES: The only unresolved issue is related to buffering between the subject
property and the agricultural conservation easements to the west. A recommended term of
annexation would require the applicant to address this issue as part of their Master Plan. What
remains unresolved is what sort of buffering would be acceptable to the applicant AND the
property owners to the west. Additional terms of annexation, or at least greater detail in
recommended term of annexation #3, may be required.
RECOMMENDATION: The City Commission acknowledges receipt of the request for
annexation, adopt Commission Resolution 3919, and direct staff to bring back a Staff Report and
the Resolution of Annexation, in regards to application #A-06002. The public hearing is scheduled
for August 21, 2006.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased
property tax revenues from annexation of the property, and costs from additional service demand.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please feel free to email Jody Sanford at jsanford@bozeman.net if you have any
questions.
Respectfully submitted,
_________________________________ _________________________________
Andrew C. Epple, Planning Director Chris Kukulski, City Manager
Attachments: Resolution of Intent to Annex (#3919)
Staff Report
Aerial Photograph
Applicant’s Submittal
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COMMISSION RESOLUTION NO. 3919
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE
CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE
INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF
BOZEMAN, AND HEREIN MORE PARTICULARLY DESCRIBED, TO
EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO
INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE
LIMITS THEREOF.
WHEREAS, there has been presented to the City Commission of the City of Bozeman a written
application from Norton Ranch Inc., owner of the tract sought to be annexed herein, requesting the City
Commission to extend the boundaries of the City of Bozeman so as to include within the boundaries of
the City of Bozeman, Montana, a certain contiguous tract of land lying at approximately 8553 Huffine
Lane.
WHEREAS, the legal description of this contiguous tract, in the County of Gallatin, State of
Montana, is as follows:
A tract of land being the southeast one-quarter of the northwest one-quarter, the southwest one-
quarter of the northeast one-quarter, the east one-half of the southwest one-quarter and the west
one-half of the southeast one-quarter of Section 9, Township 2 South, Range 5 East, P.M.M.,
Gallatin County, Montana.
WHEREAS, this tract contains 241± acres of land, more or less, along with and subject to all
existing easements of record or of fact; and
WHEREAS, the above-described tract is the subject of plats or Certificates of Survey, filed in
the office of the Gallatin County Clerk and Recorder's Office; and
WHEREAS, an annexation staff report will be prepared and submitted to the Commission; and
WHEREAS, the Commission will duly review and consider said written annexation staff
report; and
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WHEREAS, prior to annexation, an agreement between the City and the owner of said tract
addressing issues that are in the best interests of the City of Bozeman, such as, but not limited to, rights of
way, public street and utility easements, water rights or cash-in-lieu, waivers of right to protest creation of
Special Improvement Districts, impact fees, water and sewer hookup fees, sewer and water capacity
analysis, and traffic impacts to said contiguous tract and other parcels directly affected or impacted by this
annexation, shall be fully executed; and
WHEREAS, it will be in the best interests of the City of Bozeman and the inhabitants thereof
and of the inhabitants of the contiguous tract hereinbefore described to extend the boundaries of the City
of Bozeman so as to include said contiguous tract of land hereinbefore described within the corporate
limits of said City of Bozeman, Montana.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana:
Section 1
That it is hereby declared, subject to the condition that the provision of the services to the
contiguous tract hereinbefore described will be the subject of a mutual agreement between the City of
Bozeman and the real property owners of the tract, that it is in the best interests of the City of Bozeman
and the inhabitants thereof and of the inhabitants of said contiguous tract that the boundaries of said City
of Bozeman be extended so as to include the contiguous tract hereinbefore described within the
boundaries and corporate limits of the City of Bozeman, Montana.
Section 2
That the regular session of the Commission of the City of Bozeman, Montana, to be held in the
Community Room in the Gallatin County Courthouse on the 21st day of August 2006, at 6:00 p.m., is
hereby designated as the time and place at which comments in favor of or opposed to the annexation of
the property will be heard by the Commission.
- 3 -
Section 3
Pursuant to Section 7-2-4312, M.C.A., the City Clerk shall:
a. Immediately notify in writing, addressed to the address to which tax notices
are sent, all owners and purchasers under contract for deed of the property
in said contiguous tract to be annexed; and
b. Cause a notice to be published in the Bozeman Daily Chronicle, the
newspaper nearest the parcel of land to be embraced within the corporate
limits and boundaries of the City of Bozeman, at least once a week for two
successive weeks.
Section 4
The notice to be given by the City Clerk shall be to the effect that such resolution has been duly
and legally passed, and that the City Clerk will receive written comments of approval or disapproval of
the proposed extension of the boundaries of the City of Bozeman from real property owners of the area
proposed to be annexed, and that the written comments, if any, must be filed with the City Clerk not later
than 5:00 p.m. 16th day of August, 2006.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 17th day of July, 2006.
____________________________________
JEFFREY K. KRAUSS, Mayor
ATTEST:
____________________________________
BRIT FONTENOT
City Clerk
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APPROVED AS TO FORM:
___________________________________
PAUL J. LUWE
City Attorney
N O T I C E
NOTICE IS HEREBY GIVEN that at a regular session of the Commission of the City of
Bozeman held on the 17th day of July, 2006, Commission Resolution No. 3919 was duly and regularly
passed and adopted. Said Resolution is entitled:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE
CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE
INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF
BOZEMAN, AND HEREIN MORE PARTICULARLY DESCRIBED, TO
EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO
INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE
LIMITS THEREOF.
The 241± acres of real property, proposed for annexation by Norton Ranch Inc., lying at
approximately 8553 Huffine Lane, in the County of Gallatin, State of Montana, is described as follows:
A tract of land being the southeast one-quarter of the northwest one-quarter, the southwest one-
quarter of the northeast one-quarter, the east one-half of the southwest one-quarter and the west
one-half of the southeast one-quarter of Section 9, Township 2 South, Range 5 East, P.M.M.,
Gallatin County, Montana.
For a period of twenty (20) days following the first publication of this Notice, the City Clerk
will receive comments, in writing, of approval or disapproval of the proposed extension of the boundaries
of the City of Bozeman from the real property owner of the area proposed to be annexed. The deadline
for this written comment is 5:00 p.m. on 16th day of August, 2006. In addition, a public hearing shall be
held on the 21st day of August, 2006 at 6:00 p.m. in the Community Room of the Gallatin County
Courthouse, at 311 West Main Street, Bozeman, Montana, for the purpose of hearing testimony in support
of or in opposition to the annexation of the above-described real property.
DATED this 18th day of July, 2006.
Publish: Thursday, July 27, 2006 ____________________________________
Thursday, August 3, 2006 BRIT FONTENOT
City Clerk
NORTON EAST RANCH ANNEXATION
CITY COMMISSION STAFF REPORT FILE NO. A-06002
Norton East Ranch Annexation Staff Report, #A-06002 1
Item: Annexation Application #A-06002 requesting to annex 241 acres of
land, located at 8553 Huffine Lane, to the corporate limits of the City
of Bozeman.
Owner: Norton Ranch Inc.
P.O. Box 1684
Lindale, TX 75771
Applicant: Freund-Spencer LLC
63020 NE Lower Meadow
Suite A
Bend, OR 97701
Representative: Morrison-Maierle, Inc.
901 Technology Blvd
Bozeman, MT 59771
Date/Time: Acknowledge receipt of Staff Report and adopt Resolution of Intent to
Annex on Monday, July 17, 2006, at 6:00 p.m., and tentatively schedule
the public hearing for Monday, August 21, 2006, also at 6:00 p.m.
Report By: Jody Sanford, Senior Planner
Recommendation: Approval with the terms of annexation
PROJECT LOCATION & MAP
The subject property is located on the north side of Huffine Lane at 8553 Huffine Lane, and is
legally described as a tract of land being the southeast one-quarter of the northwest one-quarter, the
southwest one-quarter of the northeast one-quarter, the east one-half of the southwest one-quarter
and the west one-half of the southeast one-quarter of Section 9, Township 2 South, Range 5 East,
P.M.M., Gallatin County, Montana. The property falls within the Gallatin County Bozeman Area
Zoning District, and has a county zoning designation of A-S (Agricultural Suburban District).
Please refer to the aerial photograph provided at the end of the staff report and to the following
vicinity map.
Norton East Ranch Annexation Staff Report, #A-06002 2
PROPOSAL AND BACKGROUND INFORMATION
The property owner, Norton Ranch Inc., and applicant, Freund-Spencer LLC, propose to annex the
241-acre subject property to the corporate limits of the City of Bozeman and to establish a mix of
initial municipal zoning designations including: 20 acres of B-P (Business Park District), 60 acres of
R-O (Residential Office District), 100 acres of R-4 (Residential High Density District), 40 acres of
R-3 (Residential Medium Density District) and 20 acres of R-2 (Residential, Two-Household
Medium Density District). The purpose of the annexation and zone map amendment request is to
extend municipal water and sanitary sewer infrastructure to the property and obtain public services
(i.e., police and fire) in order to develop at urban densities as outlined in the Bozeman 2020
Community Plan.
The subject property contains several existing buildings including a residence, and various
outbuildings such as barns and sheds. The property is crossed by several streams, ditches and
stream/ditch combinations. The property is currently used for agricultural uses and for a residence.
Please note that an application was recently approved to amend the growth policy land use
designation on the subject property from Future Urban to Business Park for approximately 20 acres
and to Residential for the remaining acreage.
ZONING DESIGNATION & LAND USES
As previously noted, the applicants propose a Zone Map Amendment to establish a mix of initial
municipal zoning designations including B-P, R-O, R-4, R-3 and R-2.
The intent of the B-P (Business Park District) is to provide for high quality settings and facilities for
the development of a variety of compatible employment opportunities. These areas should be
developed so as to recognize the impact on surrounding or adjacent development, and contribute to
the overall image of the community. Compatibility with adjacent land uses and zoning is required.
Norton East Ranch Annexation Staff Report, #A-06002 3
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 non-residential designation the primary use shall be
office and other non-residential uses. Primary use shall be measured by percentage of building floor
area.
The intent of the R-4 (Residential High Density District) is to provide for high-density residential
development through a variety of housing types within the City with associated service functions.
This will provide for a variety of compatible housing types to serve the varying needs of the
community’s residents. The net density, as defined in Chapter 18.80, BMC, for new developments
shall be 8 dwellings per acre or greater. Although some office use is permitted, it shall remain as a
secondary use to residential development. Secondary status shall be as measured by percentage of
total building area.
The intent of the R-3 (Residential Medium Density District) is to provide for the development of
one- to five-household residential structures near service facilities within the City. It should provide
for a variety of housing types to serve the varied needs of households of different size, age and
character, while reducing the adverse effect of nonresidential uses.
The intent of the R-2 (Residential Two-household, Medium Density District) is to provide for one-
and two-household residential development at urban densities within the City in areas that present
few or no development constraints, and for community facilities to serve such development while
respecting the residential quality and nature of the area.
The following land uses and zoning are adjacent to the subject property:
North: Valley West development, currently used for agriculture; zoned R-2
Bronken Park; zoned PLI (Public Lands and Institutions District)
The intent of the PLI (Public Lands and Institutions District) is to provide for major public
and quasi-public uses outside of other districts. Not all public and quasi-public uses need to
be classified PLI. Some may fit within another district, however larger areas will be
designated PLI.
South: Agricultural uses; zoned county A-S (Agricultural Suburban District)
East: Valley West Development, currently used for agriculture; zoned RMH (Residential
Manufactured Home Community District) and R-4
Vacant land; zoned B-P
The intent of the RMH (Residential Manufactured Home Community District) is to provide
for manufactured home community development and directly related complementary uses
within the City at a density and character compatible with adjacent development. The district
is intended to be residential in character and consistent with the standards for other forms of
residential development permitted by this title.
Norton East Ranch Annexation Staff Report, #A-06002 4
West: Residential and agricultural uses with a conservation easement; zoned county A-S
(Agricultural Suburban District)
GROWTH POLICY DESIGNATION
The area that is subject to this application was recently approved for land use designations, as shown
on the Future Land Use Map in the City’s growth policy, of Business Park on 20 acres and
Residential on the remaining acreage. These designations are described as follows:
Business Park. This classification provides for areas typified by office and light industrial
uses. Additional uses such as retail, services, or industrial, may be approved if they are
compatible with, and in support of, the underlying Business Park intent.
Residential. This category designates places where the primary activity is urban density
living quarters. Other uses which complement residences are also acceptable such as parks,
low intensity home based occupations, fire stations, churches, and schools. The residential
designation also 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. It is expected that areas of higher density housing
would be likely to be located in proximity to commercial centers to facilitate the broadest
range of feasible transportation options for the greatest number of individuals and support
businesses within commercial centers. Low density areas should have an average minimum
density of six units per net acre. Medium density areas should have an average minimum
density of twelve units per net acre. High density areas should have an average minimum
density of eighteen units per net acre. A variety of housing types should be blended to
achieve the desired density with large areas of single type housing being 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 classification.
All residential housing should be arranged with consideration given to the existing character
of adjacent development, any natural constraints such as steep slopes, and in a fashion
which advances the overall goals of the Bozeman 2020 Community Plan. The residential
designation is intended to provide the principal locations for additional housing within the
Planning Area.
The following growth policy designations are adjacent to the subject property:
North: Valley West development, currently used for agriculture; designated Residential
Bronken Park; designated Parks, Open Space and Recreational Lands which is described as
follows:
Parks, Open Space, and Recreational Lands. All publicly owned recreational lands,
including parks, fall within this category, as well as certain private lands. These areas are
generally open in character and may or may not be developed for active recreational
purposes.
Norton East Ranch Annexation Staff Report, #A-06002 5
South: Agricultural uses; designated Future Urban which is described as follows:
Future Urban. This category designates areas where development is considered to
be generally inappropriate over the 20 year term of the Bozeman 2020 Community
Plan, either because of natural features, negative impacts on the desired development
pattern, or significant difficulty in providing urban services. The Residential category
contains adequate area to accommodate over 200 percent of expected residential
development over the 20 year horizon of the Bozeman 2020 Community Plan.
Development within the Future Urban area would be generally disruptive to the
desired compact urban land use pattern depicted in the Plan. As Bozeman develops
over time, it is expected that the City would expand outward into areas previously
designated as Future Urban. As the City’s growth policy is updated from time to
time, some areas currently classified as Future Urban are expected to be reclassified
to urban designations.
The land shown with a Future Urban designation is comprised of parcels in a variety
of different sizes, but typically in larger acreages. Suburban or rural density
subdivisions adjacent to the City may impede an orderly and cost effective expansion
of the City. In order to prevent such conflicts and problems in the future, use of land
in the Future Urban land use designation should follow one of three paths, which are
listed in order of the City’s preference:
1. Remain as currently utilized, until annexed and municipal services are
available to support a Residential or other urban land use category
development as described in this plan;
2. Develop at a density of a single dwelling per existing parcel, with
consolidation of smaller parcels into single ownerships for development
being supported; or
3. If further subdivision is proposed, to develop at urban densities and
standards with provisions for connection to City services when they become
available.
Annexation of most Future Urban areas is unlikely over the term of the Bozeman
2020 Community Plan and final authority to deny or approve development in
County areas shown with this designation remains with the County Commission. As
Gallatin County completes its own county-wide growth policy, additional and more
detailed planning is expected within the County zoning district surrounding the City.
This more detailed level of planning is expected to help identify areas that are
preferred for, or inappropriate for, development and give guidance to the County
Commission in their review of individual development proposals.
East: Valley West Development, currently used for agriculture; designated Residential
Vacant land; designated Business Park
West: Residential and agricultural uses with a conservation easement; designated Future Urban
Norton East Ranch Annexation Staff Report, #A-06002 6
REVIEW 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 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 241-acre subject property is not totally surrounded by the City; however as more
properties in this area annex to the City, the subject property will likely become more
contiguous. The property will likely never be totally surrounded since the
conservation easement properties to the west are unlikely to annex.
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 applicant is not currently contracting with the City for any services. The
applicant does have a need to contract with the City for municipal services to
develop the property at residential urban densities.
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 newly adopted 2006 Bozeman Wastewater Facilities Plan.
The subject property lies within the Bozeman 2020 Community Plan planning
boundary, but not the “Capital Facilities Overlay District” (Figure 6-2). The “Capital
Facilities Overlay District” is intended to establish a priority area for development
within the larger scope of the Bozeman 2020 Community Plan future land use plan.
The designation of the Capital Facilities Overlay District is not intended to
prohibit development in areas that are not contained within it. Instead, 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 2020 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.
Norton East Ranch Annexation Staff Report, #A-06002 7
The terms of annexation include the provision of public street and utility easements
for Laurel Parkway (90 feet), West Babcock Street (90 feet), Cascade Street (60 feet)
and Fallon Street (60 feet). The applicant must also provide an easement for the
north half (60 feet minimum from the section line) for Huffine Lane. The terms of
annexation also include waivers of right-to-protest against the creation of
improvement districts for park maintenance, street improvements, signalization
improvements, trunk sewer mains and a regional lift station.
The applicant will need to provide useable water rights, or an appropriate fee in lieu,
based on the zoning designations assigned to the property. Since this annexation is
larger than 10 acres in size, the water rights will be due prior to final plat approval,
final site plan approval or the issuance of any building permit, whichever occurs first
provided the applicant executes a promissory note or other appropriate document to
the City.
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 Commission recently approved a Growth Policy Amendment for the
subject property. The Land Use Plan Element of the Bozeman 2020
Community Plan now designates this property to develop as Residential and
Business Park.
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 to establish a mix of
initial municipal zoning designations including: 20 acres of B-P (Business
Park District), 60 acres of R-O (Residential Office District), 100 acres of R-4
(Residential High Density District), 40 acres of R-3 (Residential Medium
Density District) and 20 acres of R-2 (Residential, Two-Household Medium
Density District). The Zoning Commission will conduct a public hearing on
the Zone Map Amendment application on Tuesday, July 18, 2006. A
resolution and minutes will be forwarded to the City Commission for the
August 21, 2006 public hearing.
c. The applicant may indicate his or her preferred zoning classification as
part of the annexation application.
The applicant and owner have indicated that they prefer a mix of zoning
designations including B-P, R-O, R-4, R-3 and R-2.
Norton East Ranch Annexation Staff Report, #A-06002 8
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 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 Huffine Lane, which is paved and
designated as a Principal Arterial in the Greater Bozeman Area Transportation Plan
2001 Update. 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.
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.
The applicant will need to provide useable water rights, or an appropriate fee
in lieu, based on the zoning designations assigned to the property. Since this
annexation is larger than 10 acres in size, the water rights will be due prior to
final plat approval, final site plan approval or the issuance of any building
permit, whichever occurs first provided the applicant executes a promissory
note or other appropriate document to the City.
b. For any annexation or portion thereof proposed for use as a church as
that term is defined in the Bozeman zoning ordinance, the R-1,
Residential Single-Family, Low Density District shall be used in place
of the property’s zoning designation for calculating the water
requirement. If the use changes from a church at any time in the
future, the owner of the property will enter into a separate agreement
providing that, at the time of the change, the owner or successor shall
supply any additional water rights or fees which might be due, based
on the actual zoning designation at the time of the change.
This policy is not applicable to this annexation.
Norton East Ranch Annexation Staff Report, #A-06002 9
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.
The DRC has found that adequate services can be provided to the subject property.
The Annexation Agreement will contain provisions that discuss the developer’s
responsibility for extending the necessary services (water, sewer, streets, storm water
facilities, etc.) to the site under consideration.
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 development of the property,
municipal infrastructure will be extended to the site by the developer for the purpose
of developing the property at urban residential densities. The terms of annexation
specify that the existing structures will be required to connect to City water and
sewer services upon annexation and the availability of services. The terms further
specify 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.
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 the terms of annexation.
Policy 9: It shall be the policy of the City of Bozeman to assess a system
development/impact fee in accordance with Chapter 3.24, Bozeman
Municipal Code, and in accordance with the Bozeman Growth Policy and
other policies as they are developed.
The terms of annexation require the existing home, and any other structures that
would normally be connected to water and sewer services, to be either removed
from the property or to be connected to municipal water and sewer upon annexation
and availability of services. Water and sewer impact fees will be required from the
landowners or successors upon connection. The landowners or successors must pay
all street and fire impact fees for any existing structures upon annexation.
Norton East Ranch Annexation Staff Report, #A-06002 10
At the time of any further development on the properties, the land owners or their
successors shall pay all additional impact fees required by Chapter 3.24, Bozeman
Municipal Code.
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
18.76.020.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, posted on the site, and published 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 is specified in the recommended terms of annexation.
Policy 12: When possible, the use of Part 46 annexations is preferred.
The subject property is currently used for agricultural operations. Therefore, state
law prohibits the use of a Part 46 annexation procedure in this instance.
AGENCY REVIEW
The Planning Department has requested written summary-review comments from the Bozeman
Development Review Committee and other applicable review agencies regarding the request for
annexation. Comments received as of the writing of this Staff Report have been outlined above
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 by the City
Commission will be forwarded to the governing body.
PUBLIC COMMENT
No public comment has been received to date. Any comments received after the writing of the Staff
Report will be distributed to Commissioners at the public hearing.
Norton East Ranch Annexation Staff Report, #A-06002 11
STAFF RECOMMENDATION
Should the City Commission choose to accept the request for annexation, the Development Review
Committee has recommended that the following terms of annexation be addressed prior to
acknowledging the Annexation Agreement and formal annexation of said property:
1. A cultural resource inventory or a letter from the State Historic Preservation Office
indicating a cultural resource inventory is not necessary shall be submitted to the City
Planning Department with the signed Annexation Agreement.
2. The landowner understands and agrees that to achieve the goals and objectives set forth in
the Bozeman 2020 Community Plan, any contiguous parks, open space, and/or trails shall
be extended to the annexed property, and a master plan of said parks, open space and trails
shall be provided with the signed annexation agreement.
3. The landowner acknowledges and agrees that future development will comply with the goals
and policies of the Bozeman 2020 Community Plan, and having recognized the City’s
concern for implementation of progressive urban design guidelines outlined in the Bozeman
2020 Community Plan for both community and neighborhood design, a Master Plan of the
land use patterns and types for development of the property that addresses compatibility
with and sensitivity to the immediate environment of the site and the adjacent
neighborhoods relative to architectural design, building mass and height, neighborhood
identity, landscaping, historical character, orientation of buildings, and visual integration shall
be provided with the signed annexation agreement.
Special attention to the provision of adequate buffering, between the subject property and
the existing conservation easements to the west, will be of utmost importance.
4. A detailed wetlands map and summary report shall be submitted for the subject property
with the signed annexation agreement. The map must be depicted on an 18-inch x 24-inch
paper copy and a compact disk in accordance with Section 18.56.050 “Wetlands Mapping.”
5. That the applicant execute at the Gallatin County Clerk & Recorder’s Office a waiver of
right-to-protest creation of Special Improvements Districts 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.
6. At the time of annexation, the landowners shall pay all street and fire impact fees that are
attributable for the existing residence unless the structure is removed. At the time of
connection to the City’s water and sewer facilities, the landowners shall pay all applicable
water and sewer impact fees. The applicants should be made aware that at the time of any
further development on the properties, the land owners and their successors shall pay all
additional impact fees required by Chapter 3.24, Bozeman Municipal Code.
7. That provisions for water rights or cash in-lieu of water rights, in an amount determined by
the Director of Public Service, be provided in the Annexation Agreement whereby it is
executed by the land owner prior to final subdivision plat approval, final site plan approval,
or issuance of any building permits, whichever comes first, prior to the City Commission
adopting the Resolution of Annexation and accepting the Annexation Agreement.
Norton East Ranch Annexation Staff Report, #A-06002 12
8. 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 Durston Road, W Babcock Street, Huffine Lane, Laurel
Parkway, and Cottonwood Road; including but not limited to paving, curb and
gutter, sidewalk, and storm drainage improvements.
b. Signalization of the intersection of Laurel Parkway and Durston Road.
c. Signalization of the intersection of Laurel Parkway and W Babcock Street.
d. Signalization of the intersection of Laurel Parkway and Huffine Lane.
e. Signalization of the intersection of W Babcock Street and Cottonwood Road.
f. Trunk sewer main improvements and a regional lift station.
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.
9. 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.
10. 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.
11. The applicant shall provide executed Public Street and Utility easements for the following:
a. Laurel Parkway (90-feet)
b. W Babcock Street (90-feet)
c. Cascade Street and Fallon Street (60-feet)
d. North half (60-feet minimum from Section line) of Huffine Lane
12. A detailed Traffic Impact Analysis Report may be required prior to future development of the
subject annexation.
13. The applicant is advised that substantial limitations for growth exist in the wastewater
collection system for this property, which will need to be addressed in conjunction with
development of the parcel.
Norton East Ranch Annexation Staff Report, #A-06002 13
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 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.
14. Upon annexation and upon availability of service, any existing residences/businesses on the
property must be connected to City water and sewer utilities. The existing on-site treatment
systems must be properly abandoned and certification provided the abandonment occurred. Any
wells presently used for domestic purpose can be retained for irrigation only with no physical
connection to domestic water piping.
15. The Final Annexation Map and legal metes and bounds descriptions shall include the full width of
all adjacent rights-of-way. Note that the metes and bounds descriptions for adjacent rights-of-way
must be described separately from that of the parcel. The applicant is responsible for obtaining any
required affidavits or signatures from the Montana Department of Transportation (MDT) and/or
Gallatin County.
16. The Annexation Agreement, which addresses all terms placed on the annexation application by the
City Commission, 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,
or annexation approval shall be null and void.
17. The applicants shall submit an annexation map, titled “Norton East Ranch Annexation,” with a
legal description of the property shall be submitted by the applicant for use with the Annexation
Agreement. The map must show the existing public utilities (water, sewer, roadways and storm
drainage), improvements on the property, adjacent developments (subdivision name, block and
lots), rights-of-way, and public easements within and adjacent to the property. The map must be
supplied on a: 1) 18-inch by 24-inch mylar for City records; 2) a reduced 8 ½-inch x 11-inch or 14-
inch exhibit for filing with the Annexation Agreement at the County Clerk & Recorder’s Office;
and 3) 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.
SUMMARY & CONCLUSION
The Planning Department, Development Review Committee, 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, the Planning Department 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.
Norton East Ranch Annexation Staff Report, #A-06002 14
Report sent to: Norton Ranch Inc., P.O. Box 1684, Lindale, TX 75771
Freund-Spencer LLC, 63020 NE Lower Meadow, Suite A, Bend, OR 97701
Morrison-Maierle, Inc., 901 Technology Blvd, Bozeman, MT 59771
Attachments: Aerial photograph
Applicant’s submittal materials