HomeMy WebLinkAboutE6 Morgan Annexation
Report compiled on October 31, 2006
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Martin Knight, Assistant Planner
SUBJECT: Morgan Annexation, #A-06010
Consent Item
MEETING DATE: Monday, November 6th, 2006
BACKGROUND: An annexation application to annex 1.097 acres located at 3017 West Babcock
Street. The subject property is wholly surrounded by the City of Bozeman.
UNRESOLVED ISSUES: The Department of Planning is not aware of any unresolved issues for
the proposed development at this time.
RECOMMENDATION: The City Commission approves the annexation, with the 12
recommended terms of annexation listed on Page 8 and 9 of the Staff Report, 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 Martin Knight at mknight@bozeman.net if you have any
questions.
APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
MORGAN ANNEXATION
CITY COMMISSION STAFF REPORT FILE NO. A-06010
Morgan Annexation Staff Report, #A-06010 1
Item: Annexation Application #A-06010, requesting to annex 1.097 acres of land,
located at 3017 West Babcock, to the corporate limits of the City of
Bozeman.
Owner/Applicant: Morgan Homes, Inc.
Attn: John Morgan
1423 Cougar Drive
Bozeman, MT 59715
Representative: Madison Engineering, LLC
Attn: Chris Budeski
924 Stoneridge Drive, Suite 1
Bozeman, MT 59718
Date/Time: Before the Bozeman City Commission on Monday, November 6th, 2006 at
6:00 p.m. in the Community Room, Gallatin County Courthouse, 311 West
Main Street, Bozeman, Montana.
CONSENT ITEM
Report By: Martin Knight, Assistant Planner
Recommendation: Approval with the terms of annexation
PROJECT LOCATION & MAP
The subject property is approximately 1.097 acres located at 3017 West Babcock Street, on the north-side
of Babcock Street & west of Michael Grove Avenue. Legally described as tract 2 of COS No. 2276, in the
NW ¼ of section 11, 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
Residential (Gallatin County Zoning District #1).
Please refer to the aerial photograph provided at the end of the staff report and to the following vicinity
map.
PROPOSAL AND BACKGROUND INFORMATION
The property owner, Morgan Homes, Inc., represented by Madison Engineering, LLC, propose to annex
the 1.097-acre subject property to the corporate limits of the City of Bozeman and to establish an initial
municipal zoning designation (ZMA Application #Z-06197) of R-3 (Residential 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
currently contains one single-household residence.
No public comment has been received.
ZONING DESIGNATION & LAND USES
The subject property is currently zoned County Residential (Gallatin County Zoning District #1). As
previously noted, the applicants propose a Zone Map Amendment (#Z-06197) to establish an initial
municipal zoning designation of R-3 (Residential Medium Density District).
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 following land uses and zoning are adjacent to the subject property:
North: Two-household residence; zoned R-2 (Residential two-household, Medium Density
District);
South: Single-household residence; zoned R-3 (Residential Medium Density District);
East: Multi-Household residences; zoned R-3 (Residential Medium Density District);
West: Two-Household residences; zoned R-2 (Residential two-household, Medium Density
District).
GROWTH POLICY DESIGNATION
The area that is subject to this application has a land use designation of Residential. All adjacent properties
have a growth policy designation of Residential. This designation is described as follows:
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
Morgan Annexation Staff Report, #A-06010 2
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.
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 the City limits.
Goal 2: The City shall seek to annex all areas that are totally surrounded by the City,
without regard to parcel size.
The 1.097-acre subject property is totally surrounded by the City.
Goal 3: The City shall seek to annex all property currently contracting with the City for
services such as water, sanitary sewer and/or fire protection.
The 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,
and 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. It designates an area within the
long-range growth area of the City where services would be most efficiently provided in
Morgan Annexation Staff Report, #A-06010 3
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.
The recommended terms of annexation include the provision of public street and utility
easements for West Babcock Street. The terms of annexation also include waivers of right-
to-protest against the creation of improvement districts for park maintenance, street
improvements, and signalization improvements.
The applicant will need to provide useable water rights, or an appropriate fee in lieu, based
on the zoning designations assigned to the property. This amount, as determined by the
City Engineer, shall be provided in the Annexation Agreement whereby it is executed by
the land owner prior to adopting the Resolution of Annexation and accepting the
Annexation Agreement.
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 currently designed Residential in the Bozeman 2020 Community
Plan. This annexation, and the zoning proposed (#Z-06197), would be in
compliance with this designation.
b. Initial zoning classifications of the property to be annexed shall be
determined by the City Commission, in compliance with the Bozeman
Growth Policy and upon a recommendation of the City Zoning Commission,
prior to final annexation approval.
The applicant has applied for a Zone Map Amendment (#Z-06197) to establish an
initial municipal zoning designation of R-3 (Residential Medium Density District)
on 1.097-acres. The Zoning Commission held a public hearing on the Zone Map
Amendment application on Tuesday, October 17th, 2006, and voted 5-0 on the
requested zoning. A recommendation of approval is forwarded to the Bozeman
City Commission.
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 zoning designation of
R-3 (Residential Medium Density District).
Morgan Annexation Staff Report, #A-06010 4
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 West Babcock Street, which is paved. West
Babcock Street is designated as a Collector 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.
This policy is not applicable to this annexation.
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.
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.
Morgan Annexation Staff Report, #A-06010 5
The Annexation Agreement should contain provisions that discuss the developer’s
responsibility for extending the necessary services (water, sewer, streets, storm water
faculties, etc.) to the site under consideration. This would include language that advises the
developer of the potential need for a comprehensive design report evaluating existing
capacity of water and sewer utilities, storm water master plan facilities, and anticipated
traffic impacts. At such time that any subdivision or site plan proposal is considered by the
City of Bozeman, the extension of services will be determined in detail based upon the type
of land uses and urban densities being reviewed by the advisory and decision-making
bodies.
The D.R.C. considered the annexation request and did not identify any significant impacts
to the City’s sanitary sewer and water municipal facilities, or transportation system that
could not be addressed or fulfilled by the applicant during subdivision or site plan review.
The City Engineer’s Office recommends that the applicant execute waivers of right-to-
protest creation of Special Improvement Districts for improvements to: 1) West Babcock
Street, 2) Signalization improvements for the intersection of West Babcock Street and
Fowler Avenue, and 3) Signalization improvements for the intersection of West Babcock
Street and Ferguson Avenue. Waivers of right to protest creation of Special Improvement
Districts shall be executed and filed with the Annexation Agreement.
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 within 6 months of annexation.
Morgan Annexation Staff Report, #A-06010 6
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.
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 and posted on the site as set forth under this
policy.
Policy 11: Annexation agreements shall be executed and returned to the City within 60 days of
distribution of the annexation agreement, unless another time period is specifically
identified by the City Commission.
This policy is specified in the recommended terms of annexation.
Policy 12: When possible, the use of Part 46 annexations is preferred.
This application is being processed as a Part 46 annexation.
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.
Any comments received after the writing of the Staff Report will be distributed to Commissioners at the
public meeting.
Morgan Annexation Staff Report, #A-06010 7
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) That the applicant execute at the Gallatin County Clerk & Recorder’s Office a waiver of right-to-
protest creation of S.I.D.’s for a City-wide Park Maintenance District, which would provide a
mechanism for the fair and equitable assessment of maintenance costs for City parks as part of the
Annexation Agreement.
2) That provisions for water rights or cash in-lieu of water rights in an amount determined by the City
Engineer 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.
3) The Annexation Agreement shall include the following language: “Existing mature vegetation shall
be saved and relocated within the subject property, to the maximum extent feasible.”
4) The existing residence shall either be connected to municipal water and sewer, or removed upon
annexation of the property and availability of service.
5) At the time of annexation, the landowners shall pay all street and fire impact fees that are
attributable for the existing residence. 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.
6) An Annexation Map, titled “Morgan Tract 2 Annexation Map” with a legal description of the
property and any adjoining unannexed rights-of-way and/or street access easements shall be
submitted by the applicant for use with the Annexation Agreement. The map must be supplied on
a mylar for City records (18" by 24"), a reduced 8 ½" x 11" or 8 ½” by 14" exhibit for filing with
the Annexation Agreement at the County Clerk & Recorder, and a digital copy for the City
Engineer’s Office. This map must be acceptable to the Director of Public Services and City
Engineer’s Office, and shall be submitted with the signed Annexation Agreement.
7) 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.
8) That the applicant executes all contingencies and terms of said Annexation Agreement with the
City of Bozeman within 60 days of the receipt of the annexation agreement, or annexation
approval shall be null and void.
9) The land owner will coordinate development of and extend future parks and trails with parks and
trails in adjacent developments.
Morgan Annexation Staff Report, #A-06010 8
10) 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.
Engineering:
1. The Applicant shall provide and file with the County Clerk & Recorder executed Waivers of Right
to Protest Creation of SIDs for the following:
A. Street improvements including but not limited to paving, curb/gutter, sidewalk and storm
drainage facilities for West Babcock Street.
B. Signalization improvements for the intersection of West Babcock Street and Fowler
Avenue.
C. Signalization improvements for the intersection of West Babcock Street and Ferguson
Avenue.
The documents filed shall specify that in the event an SID is not utilized for the completion of
these improvements, the developer agrees to participate in an alternate financing method for the
completion of said improvements on a fair share, proportionate basis as determined by square
footage of property, taxable valuation of the property, traffic contribution from the development
or a combination thereof.
2. The owner shall provide a public street and utility easement for West Babcock Street. The
easement shall be 45 feet wide from the centerline of the road, which is one-half of the collector
standard as shown in the Greater Bozeman Area Transportation Plan.
3. The subject property is located in the following payback districts: Far West Sewer, Water SID 622,
and West Babcock Street SID 683. The applicant shall provide payback amounts for the
respective districts at the time of Annexation.
4. Within 6 months following annexation, the existing residence on the property shall connect to the
existing water and sewer services provided to the project site through the West Babcock Street
improvement project. The existing on-site wastewater treatment system must be properly
abandoned in accordance with County and/or State regulations. Existing wells used for domestic
purposes may be retained for irrigation purposes, but no physical connection to the domestic water
piping is allowed.
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
Morgan Annexation Staff Report, #A-06010 9
annexation listed in this Staff Report be addressed prior to acknowledging the Annexation Agreement and
formal annexation of said property.
CC: Morgan Homes, Inc., 1423 Cougar Drive, Bozeman, MT 59715
Madison Engineering, LLC, 924 Stoneridge Drive, Suite 1, Bozeman, MT 59718
Attachments: Aerial Photograph
Applicant Submittal Materials
Morgan Annexation Staff Report, #A-06010 10