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HomeMy WebLinkAboutH3 Norton East Ranch Annexation Report compiled on August 16, 2006 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Andy Epple, Planning Director Chris Kukulski, City Manager SUBJECT: Norton East Ranch Annexation, #A-06002 Public Hearing MEETING DATE: Monday, August 21, 2006 BACKGROUND: An annexation application to annex 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, could be considered. RECOMMENDATION: The City Commission approves the annexation, with the 17 recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. 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: Staff Report Aerial photo Applicant’s submittal 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 ANNEXATION MAP NORTON EAST RANCH PROPERTY © 901 Technology Blvd. Bozeman, MT 59718 Phone: (406) 587-0721 Fax: (406) 587-1176An Employee-Owned Company Planners Scientists Surveyors EngineersMORRISON MAIERLE, INC. SHEET NUMBER PROJECT NUMBER DRAWING NUMBER DRAWN BY: CHK'D. BY: APPR. BY: DATE: Q.A. REVIEW DATE: BY: COPYRIGHT MORRISON-MAIERLE, INC., VERIFY SCALE! THESE PRINTS MAY BE REDUCED. LINE BELOW MEASURES ONE INCH ON ORIGINAL DRAWING. MODIFY SCALE ACCORDINGLY! REVISIONS DATEDESCRIPTIONNO.BY H:\2843\029\ACAD\EXHIBITS\ANNEXATION MAPsubmittal.dwg Plotted by mhansen on 9/19/2005 2843.029 1 1 BOZEMAN MONTANA MRH TMH TMH 05/15/06 NORTON EAST RANCH PROPERTY ANNEXATION MAP BEING A PARCEL OF LAND LOCATED IN THE SE1/4NW1/4, SW1/4NE1/4, E1/2SW1/4, W1/2SE1/4 IN SECTION 9 TOWNSHIP 2S, RANGE 5E, P.M.M. GALLATIN COUNTY, MONTANA ( IN FEET ) 0300 300150 S.16 S.15 S.9 S.10 S.8 S.9 S.17 S.16 S.9 S.16 S.10 S.9 S.8 S.9 EXISTING CITY BOUNDARY EXISTING CITY BOUNDARY EXISTING WATER & SEWER PROPOSED ZONING BOUNDARYS PROPOSED ANNEXATION BOUNDARY S S S S S 4B J.C. BILLION AUTO PLAZA SUBDIVISIONPLAT #J180 CL U.S. HIGHWAY 191 S.16 S.15 S.9 S.10 S.8 S.9 S.17 S.16 S.9 S.16 S.10 S.9 S.8 S.9 COTTONWOOD ROADWESTBAXTER CREEK60' DEDICATED ON J.C. BILLION AUTO PLAZA SUBDIVISION PLAT #J180 BAXTER DITCH30' 30' 60'60' ROAD & UTILITY EASEMENT 45' R/W 60' STREET & UTILITY EASEMENT DEED 1 : 1 7 2 , 3 5 4 4 D,4 /2 9 /9 7 ZONED AS Allan & Connie Lein 8507 Huffine Ln Boze man, MT. 59718DEED 1 : 1 8 0 , 1 9 3 8 D, 1 /6 /9 8 ZONED AS HAPPEL FAMILY TRUST 4700 GOOCH HILL RD Boze man, MT. 59718 CASCADE STREET WEST BABCOCK STREET COTTONWOOD ROADS SSSSSSSSSSSSS S S S S S S S S S S S S S S S S HYDOBW S OBW WVWVWVWVOB WPRV & VAULT WVDYHWVDYHWVWV OBW DYHWVDYH DYH DYH TRACT 2 , COS #1 5 8 1 ZONED R2 ALAN D. FULTON 910 BLACKTAIL LOOP BUTTE, MT 59701 TRACT 1 , COS #1 0 0 5 BZONED R2 BOZEMAN LAKES LLC 2415 E. CAMELBACK RD, STE 900 PHOENIX, A Z. 85016 TRACT 2 A, COS #1 0 0 5 CZONED R2 BOZEMAN LAKES LLC 2415 E. CAMELBACK RD, STE 900 PHOENIX, A Z. 85016 VALLEY WEST SUBDIVISION BRONKEN PARK ZONED PL1 TRACT 1, BLK 3, VALLEY WEST SUBDIVISION ZONED RMH BOZEMAN LAKES LLC 2415 E. CAMELBACK RD, STE 900 PHOENIX, AZ. 85016 TRACT 2, BLK 3, VALLEY WEST SUBDIVISION ZONED RMH BOZEMAN LAKES LLC 2415 E. CAMELBACK RD, STE 900 PHOENIX, A Z. 85016 DEED BOOK 2158 PAGE285D, 124,398 ZONED R4 JOE BILLION 32 KEAN DR. BOZEMAN, MT. 59718 W2SE4SE4 LESS HWRW PT OF COS # 1 0 0 5 ZONED BP FLOWERREE FAMIL TRUST P.O. BOX 1071 BEND, OR. 97709 45' R-2 R-4 R-3 R-4 R-0 R-0 R-O B-P HUFFINE LANEGOOCH HILL ROADR-3 R-4 W 1 /2 NE1 /4 LESS COS 1 4 5 6 , HW RW E1 /2 NW 1 /4 LESS HW ZONED AS p Enterprises Limited Pa rtnership 6475 Churchill Rd. Manhattan, Mt. 59741TRACT 1B, COS 1074-B ZONED AS Sentry Storage LLC . 268 Painted Hills Rd. Boze man, Mt. 59715 TRACT 1, COS 1456 ZONED AS Bud H. & Burnice Visser 8552 Huffine ln. Boze man, MT 59718 NW 1 /4 NE1 /4 NE1 /4 , COS 2 5 ZONED AS Covenant LLC. P.O. Box 11428 Boze man, Mt. 59719 NE1 /4 NE1 /4 NE1 /4 , COS 2 5 ZONED AS B etty Madill Trust 5031 Cottonwood Rd. Boze man, Mt. 59718 CURRENT LAND USE AGRICULTURE CURRENT LAND USE AGRICULTURE CURRENT LAND USE AGRICULTURE CURRENT LAND USE AGRICULTURE CURRENT LAND USE AGRICULTURE CURRENT LAND USE AGRICULTURE CURRENT LAND USEMIXED CURRENT LAND USE AGRICULTURE CURRENT LAND USE AGRICULTURE CURRENT LAND USE AGRICULTURE CURRENT LAND USE AGRICULTURE CURRENT LAND USE AGRICULTURE CURRENT LAND USE AGRICULTURE CURRENT LAND USE AGRICULTURE PROPOSED SEWER PROPOSED WATER LEGEND EXISTING BUILDINGS SOUTH R/W LINE U.S. HIGHWAY 191 EXISTING CITY BOUNDARY