HomeMy WebLinkAbout03-05-07Report compiled on February 26, 2007
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Martin Knight, Assistant Planner
SUBJECT: East Gallatin Recreation Area/Old C.O.B. Landfill Annexation, #A-06017
Consent Item
MEETING DATE: Monday, March 5th, 2007
BACKGROUND: An annexation application to annex 81.95 acres located at north of Griffin
Drive between Manley Road and North Rouse Avenue. The subject property is contiguous to the
City of Bozeman. The City of Bozeman has initiated this annexation application.
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 7 and 8 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
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EAST GALLATIN RECREATION AREA & OLD C.O.B. LANDFILL ANNEXATION
CITY COMMISSION STAFF REPORT FILE NO. A-06017
East Gallatin Recreation Area & old C.O.B. Landfill Annexation Staff Report, #Z-06017 1
Item: Annexation Application #A-06017, requesting to annex 81.95 acres of land,
located north of Griffin Drive between Manley Road and North Rouse
Avenue, to the corporate limits of the City of Bozeman.
Owners: Montana Fish, Wildlife, & Parks City of Bozeman
1400 S. 19th Avenue PO Box 1230
Bozeman, MT 59718 Bozeman, MT 59771
Applicant: Joe Maurier, Parks Administrator Debbie Arkell
Montana Fish, Wildlife, & Parks City of Bozeman
1400 S. 19th Avenue PO Box 1230
Bozeman, MT 59718 Bozeman, MT 59771
Representative: Raymond F. Heagney, Park Manager
Montana Fish, Wildlife, & Parks Martin Knight
1400 S. 19th Avenue City of Bozeman
Bozeman, MT 59718 PO Box 1230
Bozeman, MT 59771
Date/Time: Before the Bozeman City Commission on Monday, March 5th, 2007 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 properties are legally described as Tracts GL-2 & GL-3, located in the northwest quarter of
Section 31, T1S, R6E Tract; and Tract GL-3 of Certificate of Survey No.12, located in the southern half of
the northwest quarter of Section 31, T1S, R6E, PMM, Gallatin County, Montana. The subject properties
total approximately 81.95 acres; 35.951 acres in the East Gallatin Recreation Area, and 46 acres in the old
City of Bozeman Landfill property. Please refer to the aerial photographs provided at the end of the Staff
Report and to the following vicinity map.
Please refer to the aerial photograph provided at the end of the staff report and to the following vicinity
map.
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PROPOSAL AND BACKGROUND INFORMATION
The property owners, Montana Fish, Wildlife, & Parks, and the City of Bozeman, represented by the City
of Bozeman, propose to annex the 81.95-acre subject properties to the corporate limits of the City of
Bozeman and to establish an initial municipal zoning designation (ZMA Application #Z-07006) of PLI
(Public Lands and Institutions District). The purpose of the annexation and zone map amendment request
is to permit the future extension of municipal infrastructure to the property and obtain public services (i.e.,
police and fire) to the subject properties.
The subject properties currently contain a variety of recreational facilities. This includes multi-use trails,
volleyball courts, horseshoe pits, water-based recreation, picnic pavilions, and restroom facilities.
Vehicular access to the East Gallatin Recreation Area is obtained off Manley Drive; access to the trails on
the old Landfill property is obtained from both the East Gallatin Recreation Area and the North Rouse
Avenue trailhead. No further development or change in use is proposed with this application.
No public comment has been received.
ZONING DESIGNATION & LAND USES
As previously noted, an application has been submitted for a Zone Map Amendment to establish an initial
municipal zoning designation of PLI.
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.
The following land uses and zoning are adjacent to the subject property:
North: Vacant Land & Single-household Residences; zoned R-S (Residential Suburban District)
and R-1 (Residential Single-household, Low Density District);
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South: Mix of manufacturing, industrial, office, and residential uses; zoned M-2 (Manufacturing
and Industrial District), M-1 (Light Manufacturing District), and PLI (Public Lands and
Institutions District);
East: Bridger Creek Golf Course and Vacant Land; zoned R-S (Residential Suburban District);
West: Light manufacturing uses and Single-household residences; zoned M-1 (Light
Manufacturing District) and R-1 (Residential Single-Household, Low Density District).
GROWTH POLICY DESIGNATION
The area that is subject to this application is designated as both “Parks, Open Space, and Recreational
Lands” and “Public Institutions” on the Future Land Use Map in the City’s growth policy. These
designations are 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.
Public Institutions. A variety of activities are undertaken in this land use classification. Schools
are a dominant use including Montana State University. Other Typical uses are libraries, fire
stations, and publicly operated utilities. A significant portion of Bozeman’s employment occurs
within this category.
A variety of land use designations exist on adjacent properties. This includes “Golf Course”,
“Industrial”, and “Future Urban” designations.
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 81.95-acre subject property is mostly surrounded by the City. Two parcels of county
land are adjacent to the subject properties; lying along the northwest and southwest corners
of the subject property.
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.
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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
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 for the acquisition of 15 feet
of additional Right of Way on the East side of Manley Road.
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-07006), 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-07006) to establish an
initial municipal zoning designation of PLI (Public Lands and Institutions District)
on 81.95-acres. The Zoning Commission held a public hearing on the Zone Map
Amendment application on Wednesday, February 21st, 2007, and voted 3-0 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
PLI (Public Lands and Institutions District).
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Policy 3: Fees for Annexation procedures shall be established by the City Commission. No
fee will be charged for any City-initiated annexation.
This annexation has been initiated by the City of Bozeman; thus, no fees have been
charged.
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 has frontage along Manley Road and North Rouse
Avenue, both of which are paved. Manley Road 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.
Since further development is neither proposed nor anticipated, the City of
Bozeman Engineering Department has determined it not necessary to obtain water
rights for the subject properties. Through subsequent review of any further
development on the property, the acquisition of usable water rights, or cash-in-lieu
of, will be evaluated.
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.
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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 Annexation Agreement should 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. This would include language that the
existing structures shall be connected to municipal water and sewer upon further
development of the property or once instructed by the City of Bozeman; and that 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 At
such time that any site plan or further development proposal is considered by the City of
Bozeman, the extension of services will be determined in detail based upon the type of
development 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 any subsequent review for
further development of the property.
Policy 7: It shall be the general policy of the City of Bozeman to require annexation of any
contiguous property for which city services are requested or for which city services
are currently being contracted.
No City services are currently being contracted. With further development of the property,
municipal infrastructure will be extended to the site. The terms of annexation specify that
existing structures shall be connected to municipal water and sewer upon further
development of the property or once instructed by the City of Bozeman.
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 structures shall be connected to municipal
water and sewer upon further development of the property or once instructed by the City
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of Bozeman. Water and sewer impact fees will be required from the landowners or
successors upon connection.
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.
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:
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1) The existing structures shall be connected to municipal water and sewer upon further development
of the property or once instructed by the City of Bozeman.
2) 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.
3) An Annexation Map, titled “East Gallatin Recreation Area 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.
4) 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.
5) That the applicant executes all contingencies and terms of said Annexation Agreement with the
City of Bozeman within 60 days of the receipt of the annexation agreement, or annexation
approval shall be null and void.
6) 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. Fifteen feet of additional Right of Way on the East side of Manley Road will be require to be
dedicated to complete the total Right of Way of 90’.
2. 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.
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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.
CC: Montana FWP, c/o Raymond Heagney, 1400 S. 19th Ave, Bozeman, MT 59718
Attachments: Aerial Photograph
Applicant Submittal Materials
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