HomeMy WebLinkAboutMeeting_121-140_Adopt Commission Resolution of Intent 3998 for the Meadow Creek Phase III and IV Annexation, #A-06015
Report compiled on January 24, 2007
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brian Krueger, Associate Planner
SUBJECT: Commission Resolution 3998, Resolution of Intent to Annex for the
Meadow Creek Phase III and IV, #A-06015
Consent Item
MEETING DATE: Monday, January 29, 2007
BACKGROUND: An annexation application was submitted for the annexation of 51 contiguous
acres located at 5530 Stucky Road. The application was described as the Meadow Creek Phase 3
Annexation. Subsequently, the applicant submitted an annexation application for an additional 10
acres contiguous to the proposed Meadow Creek Phase 3 annexation. The additional 10 acres was
described as the Raffety annexation. The applicant has requested that the two separate annexation
applications be combined into one application. The Meadow Creek Phase 3 application now
incorporates the Raffety property and will henceforth be described as the Meadow Creek Phase 3
and 4 Annexation. The proposed annexation is 61 acres in size.
UNRESOLVED ISSUES: No unresolved issues exist at this time.
RECOMMENDATION: The City Commission adopts Commission Resolution 3998, and direct
staff to bring back the staff report and the Resolution of Annexation, in regards to application #A-
06015. The public hearing is scheduled for February 26, 2007.
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 email Brian Krueger at bkrueger@bozeman.net if you have any questions.
APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
Attachments: Resolution of Intent to Annex (#3998)
Staff Report
Annexation Map
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COMMISSION RESOLUTION NO. 3998
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 Canvasback, LLC and the Mildred M. Raffety Trust., owners of the tracts 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 5530 Stucky Road.
WHEREAS, the legal description of this contiguous tract, in the County of Gallatin, State of
Montana, is as follows:
Tract 1 and Tract 2 of Certificate of Survey No. 2122, and the N ½ of the E ½ of the NE ¼ of the
NW ¼ of Section 23, T2S, R5E, PMM in Gallatin County Montana as described in 151 FM 1183
and 20 FM 196.
WHEREAS, this tract contains 61± 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
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
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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 26th day of February 2007, 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.
Section 3
Pursuant to Section 7-2-4312, M.C.A., the City Clerk shall:
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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. 21st day of February, 2007.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 29th day of January, 2007.
____________________________________
JEFFREY K. KRAUSS, Mayor
ATTEST:
____________________________________
BRIT FONTENOT
City Clerk
APPROVED AS TO FORM:
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___________________________________
PAUL J. LUWE
City Attorney
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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 29th day of January, 2007, Commission Resolution No. 3998 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 61± acres of real property, proposed for annexation by Canvasback, LLC. and the Mildred M. Raffety
Trust., lying at approximately 5530 Stucky Road, in the County of Gallatin, State of Montana, is legally
described as:
Tract 1 and Tract 2 of Certificate of Survey No. 2122, and the N ½ of the E ½ of the NE ¼ of the
NW ¼ of Section 23, T2S, R5E, PMM in Gallatin County Montana as described in 151 FM 1183
and 20 FM 196.
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 the 21st day of February, 2007. In addition, a public hearing
shall be held on the 26th day of February, 2007 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 30th day of January, 2007.
Publish: Thursday, February 1, 2007 ____________________________________
Thursday, February 8, 2007 BRIT FONTENOT
City Clerk
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MEADOW CREEK PHASE III AND IV ANNEXATION
CITY COMMISSION STAFF REPORT FILE NO. A-06015
Meadow Creek III and IV Staff Report, #A-06015 1
Item: Annexation Application #A-06015 requesting to annex 61.86 acres of land,
located at 5530 Stucky Road, to the corporate limits of the City of Bozeman.
Owners: Canvasback LLC
924 Stoneridge Drive, Suite 1
Bozeman, MT 59715
Mildred M. Raffety Trust
PO Box 371
Livingston, MT 59047
Applicant: Canvasback LLC
924 Stoneridge Drive, Suite 1
Bozeman, MT 59715
Representative: Madison Engineering, LLC
924 Stoneridge Drive, Suite 1
Bozeman, MT 59715
Date/Time: Acknowledge receipt of Staff Report and adopt Resolution of Intent to
Annex on Monday, January 29, 2007, at 6:00 p.m., and tentatively schedule
the public hearing for Monday, February 26, 2007, also at 6:00 p.m.
Report By: Brian Krueger, Associate Planner
Recommendation: Approval with the terms of annexation
PROJECT LOCATION & MAP
The subject property is located on the south side of Stucky Road at 5530 Stucky Road, and is legally
described as Tracts 1 and 2 of COS No. 2111 the N ½ of the E ½ of the NE ¼ of the NW ¼ of Section
23, T2S, R5E, PMM in Gallatin County Montana as described in 151 FM 1183 and 20 FM 196. 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.
PROPOSAL AND BACKGROUND INFORMATION
The property owner and applicant, Canvasback, LLC proposes to annex the 51.27-acre subject property to
the corporate limits of the City of Bozeman and to establish a mix of initial municipal zoning designations
including: 41.19 acres of R-3 (Residential Medium Density District) and 10.08 acres of R-4 (Residential
High Density District). The purpose of the annexation and zone map
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Meadow Creek III and IV Staff Report, #A-06015 2
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 an arena, 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.
ZONING DESIGNATION & LAND USES
As previously noted, the applicants propose a Zone Map Amendment to establish a mix of initial
municipal zoning designations including R-3 and R-4.
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-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
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Meadow Creek III and IV Staff Report, #A-06015 3
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 following land uses and zoning are adjacent to the subject property:
North: Undeveloped land, Montana State University, currently used for agriculture; 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: Agricultural uses, zoned county A-S (Agricultural Suburban District); Genesis Business Park
zoned county R-O (Residential Office District)
West: Residential and agricultural uses; zoned county A-S (Agricultural Suburban District)
GROWTH POLICY DESIGNATION
The area that is subject to this application is assigned a Residential land use designation, as shown on the
Future Land Use Map in the City’s growth policy. The Residential 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
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.
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Meadow Creek III and IV Staff Report, #A-06015 4
The following growth policy designations are adjacent to the subject property:
North: Undeveloped land, Montana State University, currently used for agriculture, designated Other
Public Lands.
Other Public Lands. These areas are maintained by a variety of public agencies, chiefly
Montana State University. Although owned by the public, they may be leased or otherwise
utilized by private parties or government organizations and should not automatically be
considered as recreational lands. A variety of activities take place within these lands. If
they should transfer to private ownership an amendment to the growth policy should be
undertaken to determine the use which will be most advantageous to the community as a
whole. If these lands are utilized for agricultural purposes, annexation is not expected.
Development of these lands at densities greater than that allowed under Future Urban
should only occur after annexation.
West: 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,
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Meadow Creek III and IV Staff Report, #A-06015 5
development and give guidance to the County Commission in their review of individual
development proposals.
East: Vacant land, currently used for agriculture; designated Residential
Genesis Business Park; designated Business Park
West: Residential and agricultural uses; designated Future Urban
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Meadow Creek III and IV Staff Report, #A-06015 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 south east corner
boundaries.
Goal 2: The City shall seek to annex all areas that are totally surrounded by the City,
without regard to parcel size.
The 61.86-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 be totally surrounded in the future.
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.. The “Capital Facilities Overlay
District” 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.
The terms of annexation include the provision of public street and utility easements for
Stucky Road (45 feet), South 27th Avenue (45 feet) and Graf Street (45 feet). 45 ft. is one
half of the collector standard as shown in the Greater Bozeman Area Transportation Plan.
The terms of annexation also include waivers of right-to-protest against the creation of
improvement districts for park maintenance, street improvements, signalization
improvements, and trunk sewer mains and water mains.
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Meadow Creek III and IV Staff Report, #A-06015 7
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 proposed annexation is in conformance with the current Bozeman Growth
Policy. The Land Use Plan Element of the Bozeman 2020 Community Plan now
designates this property to develop as Residential.
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: 21.86 acres of R-4 (Residential High
Density District), 41 acres of R-3 (Residential Medium Density District). The
Zoning Commission will conduct a public hearing on the Zone Map Amendment
application on Tuesday, February 6, 2007. A resolution and minutes will be
forwarded to the City Commission for the February26 , 2007 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 R-3 and R-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 Stucky Road, which is paved and designated
as a collector in the Greater Bozeman Area Transportation Plan 2001 Update. The other
main entrance to the annexation will be from Graf Street which was improved as part of
the initial phases of the Meadow Creek subdivision. 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
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Meadow Creek III and IV Staff Report, #A-06015 8
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.
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.
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Meadow Creek III and IV Staff Report, #A-06015 9
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.
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.
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Meadow Creek III and IV Staff Report, #A-06015 10
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.
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. The property owner shall provide usable water rights, or cash in-lieu thereof, in the amount
determined by the Director of Public Service at the time the property is annexed to the corporate limits to
the City of Bozeman.
3. The property owner should be advised that prior to development of the property, the future
developer(s) may be required to prepare, at their own expense, a comprehensive design report evaluating
existing capacity of water and sewer utilities, storm water master plan and traffic impacts.
4. That at the time of any new development on the property, fire, street, water and wastewater impact
fees will be assessed.
5. The Annexation Agreement should include notice that, prior to development, the developer will be
responsible for installing any facilities required to provide full municipal services to the property in
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accordance with the City’s infrastructure Master Plan and all city policies and guidelines that may be in
effect at the time of development.
6. An Annexation Map, titled “Meadow Creek Phase III Annexation Map” with a legal description of
the property and adjoining 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. That the applicant executes all contingencies and terms of said Annexation Agreement with the
City of Bozeman within sixty days (60) of distribution of the annexation agreement unless another time
period is specifically identified by the City Commission.
8. Applicant shall provide and file with the County Clerk and Recorder's office executed Waivers of
Right to Protest Creation of SIDs for the following:
A. Street improvements including paving, curb/gutter, sidewalk and storm drainage facilities for
the following streets:
a. South 27th Ave.
b. Stucky Road
c. Graf Street
d. Fowler Avenue
e. South 19th Ave.
B. Signalization Improvements for the following intersections:
a. Kagy Boulevard/19th Avenue
b. Stucky Road/19th Avenue
c. Graf Street/19th Avenue
d. Stucky Road/Fowler Avenue
e. Graf Street/South 27th Avenue
f. Graf Street/Fowler Avenue
C. Trunk Sewer and Water mains to serve the property.
The documents filed shall specify that in the event an S.I.D. 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 owner shall provide a public street and utility easement for South 27th Ave., and Graf Street.
The easement shall be 45 feet wide for both, which is one half of the collector standard as shown in the
Greater Bozeman Area Transportation Plan.
10. The owner shall provide a public street and utility easement for Stucky Road. The easement shall
be 45 feet wide, which is one half of the collector standard as shown in the Greater Bozeman Area
Transportation Plan.
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11. Upon annexation and availability of services, the existing structures shall either be connected to
municipal services or removed from the site
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.
Report sent to: Canvasback, LLC, 924 Stoneridge Drive, Suite 1, Bozeman, MT 59718
Madison Engineering., 924 Stoneridge Drive, Suite 1, Bozeman, MT 59718
Mildred M. Raffety Trust, PO Box 371, Livingston, MT 59047
Attachments: Annexation Map
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