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HomeMy WebLinkAboutPacket 2_12-68_Meadow Creek Phase III and IV Annexation #A-06015, opened and continued from February 26 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Brian Krueger, Associate Planner SUBJECT: Meadow Creek Phase III and IV Annexation, #A-06015 MEETING DATE: Monday, March 5, 2007 Public Hearing --Open and Continued from February 26, 2007 RECOMMENDATION: The City Commission approves the annexation, with the 11 recommended terms of annexation listed on Page 10, 11, and 12 of the Staff Report, and direct staff to prepare an annexation agreement for signature by the parties BACKGROUND: This application was open and continued from the February 26, 2007 meeting. 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 61.86 acres in size. UNRESOLVED ISSUES: The Department of Planning is not aware of any unresolved issues for the proposed development at this time. .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 Brian Krueger at bkrueger@bozeman.net if you have any questions. APPROVED BY: Andrew Epple, Planning Director Chris Kukulski, City Manager 166 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 172167 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 173168 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. 174169 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, 175170 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 176171 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. 177172 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 178173 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. 179174 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. 180175 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 181176 Meadow Creek III and IV Staff Report, #A-06015 11 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. 182177 Meadow Creek III and IV Staff Report, #A-06015 12 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 183178 184179 Canvasback, LLC Annexation Application Bozeman, Montana November, 2006 Prepared by: MADISON ENGINEERING Madison Engineering, LLC. 924 Stoneridge Dr. Ste. 1 Bozeman, Mt. 59718 Phone: (406) 586-7355 Fax: (406) 586-7357 185180 APPLICATIONS 186181 187182 188183 APPLICATION CHECKLISTS 189184 190185 191186 ANNEXATION CHECKLIST RESPONSES A. Annexation Goals 1. Is the property contiguous to the City of Bozeman? Yes, the proposed annexation property is contiguous with the City of Bozeman. The south east corner is adjacent to the Meadow Creek Subdivision. 2. Is the property wholly surrounded by the City of Bozeman? No, with the exception of the south east corner the property is surrounded by the County. 3. Is the property currently contracting with the City for municipal services such as water, sanitary sewer, and/or fire protection? If so which City services are being contracted for? No, the property has a well and septic, with rural fire protection. 4. Does the property lie within the service boundary of the existing sewer system as depicted in the City’s growth policy? Yes, the property is located within the 20-Year Sewer Plan Boundary as depicted in the Bozeman 2020 Community Plan. B. Annexation Policies 1. Is the property owner(s) willing to dedicate needed easements and/or right-of-way for collector and arterial streets? Yes 2. Is the property owner(s) willing to sign waivers of right to protest for the creation of future Special Improvement Districts to provide the essential services for future development of the City? Yes 3. Is the property owner(s) willing to transfer usable water rights, or an appropriate fee in- lieu thereof, to serve the expected population of the land when fully developed? Yes 4. Does the desired future development of the subject property conform to the City’s growth policy? If not, a growth policy amendment will be necessary to accommodate the anticipated uses, which may be initiated by the applicant and reviewed concurrently with this application. a. If a growth policy amendment is necessary, is it included with this application? Yes, the property does conform to the City’s growth policy and therefore no amendment is needed. Meadow Creek Phase III Annexation Checklist Page 1 of 2 192187 5. The property will need to be rezoned with an initial urban zoning designation. The zone map amendment will be reviewed concurrently with this application. Is a zoning map amendment application included with this application? Yes, the zoning map amendment application is included. 6. Do unpaved county roads comprise the most commonly used route to gain access to the property? No, the property is currently accessed from the north via Stuck Road. Stucky Road is paved from 19th east to the drive. The proposed development will be accessed from the south via at the corner Graf Street and South 27th. Both Graf Street and South 27th are new paved City streets as part of the Meadow Creek Subdivision. 7. If it is found that adequate services cannot be provided to ensure public health, safety and welfare, has the property owner(s) provided a written plan for the accommodation of these services? This project will require connection to City services including sanitary sewer, and water. 8. Does the property owner acknowledge that the City of Bozeman assesses a system development/impact fee and agrees to pay any applicable development/impact fees in accordance with Chapter 3.24 of the Bozeman Municipal Code? Yes C. Supplemental Information 1. If the property is currently in agricultural use, please identify the crops: The property is currently being used for the grazing of horses and cattle. 2. Number of residential units existing on the property. One 3. Number and types of commercial structures existing on property. Zero 4. Estimate of existing population of the property. One family resides at the residence. 5. Assessed value of the property: $271,938 (2006 Taxable Market Value) 6. Existing on-site facilities and utilities (gas, power, telephone, cable, septic systems, well, etc.): The existing on-site facilities and utilities include: gas, power, telephone, cable, septic system and a well. 7. Any additional information you feel would assist in the review of this application: Meadow Creek Phase III Annexation Checklist Page 2 of 2 193188 CERTIFICATE OF ADJOINING PROPERTY LIST 194189 195190 ADJACENT PROPERTY OWNERS LIST 196191 CANVASBACK, LLC ANNEXATION APPLICATION ADJOINING PROPERTY OWNERS-200’ RADIUS Tract 1A-1 COS No. 2029 COS 1861 Marshall & C. Luzann Bennett Daniel Goodman 5535 Stucky Road. Diane Brawner Bozeman, MT 59715 503 W Cleveland St Bozeman, MT 59715 Tract 3 COS No. 2532 Marshall & C. Luzann Bennett Tract 4 COS No. 2532 5535 Stucky Road. Meadow Creek Partners, LLC Bozeman, MT 59715 924 Stoneridge Dr. Suite 1 Bozeman, MT 59718 NE ¼ NE ¼ NW 1/4 Larry & Mildred Raffety 106-252 Peggy Harper Don Harry Miller PO Box 371 Jane L. Schaaf Livingston, MT 59047 204 Kennedy Belgrade, MT 59714 W ½ NE ¼ NW 1/4 Nehls Enterprises, LLC 166 Lyndale Lane Butte, MT 59701 COS 1996 TR 1 400 Development LLC PO Box 4776 Bozeman, MT 59772 COS 1996 TR 2 Charles Marvin 405 35th Ave NE Minneapolis, MN 55418 119-215 Roy & Elizabeth Bradley 3939 Walnut Ave Unit 104 Carmichael, CA 95608 COS 2074 Daniel Goodman Diane Brawner 503 W Cleveland St Bozeman, MT 59715 Canvasback, LLC Adjoining Property Owners List Page 1 of 1 197192 FIGURES 198193 199194 200195 201196 Raffety Annexation Application Bozeman, Montana December, 2006 Prepared by: MADISON ENGINEERING Madison Engineering, LLC. 924 Stoneridge Dr. Ste. 1 Bozeman, Mt. 59718 Phone: (406) 586-7355 Fax: (406) 586-7357 202197 APPLICATIONS 203198 CITY OF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT ALFRED M. STIFF PROFESSIONAL OFFICE BUILDING – 20 EAST OLIVE STREET P.O. BOX 1230, BOZEMAN, MONTANA 59771-1230 (406) 582-2260; FAX (406) 582-2263 DEVELOPMENT REVIEW APPLICATION 1. Name of Project/Development: Meadow Creek Phase III A 2. Property Owners Information: Canvasback, LLC Phone: (406) 522-0787 924 Stoneridge Drive, Suite 1 Bozeman, MT. 59715 Mildred M. Raffety Trust Phone: (406) 222-7208 P.O. Box 371 Livingston, MT 59047 3. Applicant Information: Canvasback, LLC Attn: Neal Ainsworth Phone: (406) 586-7355 924 Stoneridge Drive, Suite 1 Bozeman, MT. 59715 4. Representative Information: Madison Engineering, LLC Phone: (406) 556-4417 Attn: Chris G. Budeski, PE Fax: (406) 586-7357 924 Stoneridge Dr. Ste. 1 Bozeman, MT. 59718 5. Legal Description: T2S, R5E, Section 23, Gallatin County, Montana 20 FM 196 108-269 6. Street Address: Stucky Road between South 19th and Fowler 7. Project Description: Residential Subdivision Meadow Creek Phase III A Development Review Application Page 1 of 3 204199 8. Zoning Designations: County Agricultural-Suburban (A-S) 9. Current Land Uses: Agriculture 10. Bozeman 2020 Community Plan Designation: Residential 11. Gross Area: Acres: 10.59 Square Feet: 461,302 12. Net Area: Acres: N/A Square Feet: N/A 13. Is the Subject Site within an Overlay District: No 14. Will this application require a deviation? No 15. Application Type: Annexation This application must be accompanied by the appropriate checklist(s), number of plans or plats, adjoiner information and materials, and fee (see Development Review Application Requirements and Fees). The plans or plats must be drawn to scale on paper not smaller than 8 ½ by 11-inches or larger than 24 by 36-inches folded into individual sets no larger than 8 ½ by 14-inches. If 3-ring binders will be used, they must include a table of contents and tabbed dividers between sections. Application deadlines are 5:00 pm every Tuesday. This application must be signed by both the applicants(s) and the property owner(s) (if different) before the submittal will be accepted. Meadow Creek Phase III A Development Review Application Page 2 of 3 205200 206201 APPLICATION CHECKLISTS 207202 208203 209204 210205 211206 ANNEXATION CHECKLIST NARRATIVE A. Annexation Goals 1. Is the property contiguous to the City of Bozeman? Yes. The north property line of the proposed properties in contiguous with the City of Bozeman. 2. Is the property wholly surrounded by the City of Bozeman? No. With the exception of the north property line, the proposed property is surrounded by the county. 3. Is the property currently contracting with the City for municipal services such as water, sanitary sewer, and/or fire protection? If so which City services are being contracted for? No. The proposed property is not contracting with the City for municipal services. 4. Does the property lie within the service boundary of the existing sewer system as depicted in the City’s growth policy? Yes, the property is located within the 20-Year Sewer Plan Boundary as depicted in the Bozeman 2020 Community Plan. B. Annexation Policies 1. Is the property owner(s) willing to dedicate needed easements and/or right-of-way for collector and arterial streets? Yes 2. Is the property owner(s) willing to sign waivers of right to protest for the creation of future Special Improvement Districts to provide the essential services for future development of the City? Yes 3. Is the property owner(s) willing to transfer usable water rights, or an appropriate fee in- lieu thereof, to serve the expected population of the land when fully developed? Yes 4. Does the desired future development of the subject property conform to the City’s growth policy? If not, a growth policy amendment will be necessary to accommodate the anticipated uses, which may be initiated by the applicant and reviewed concurrently with this application. a. If a growth policy amendment is necessary, is it included with this application? Yes, the property does conform to the City’s growth policy and therefore no amendment is needed. Meadow Creek Phase III A Annexation Checklist Narrative Page 1 of 5 212207 5. The property will need to be rezoned with an initial urban zoning designation. The zone map amendment will be reviewed concurrently with this application. Is a zoning map amendment application included with this application? Yes, the zoning map amendment application is included. 6. Do unpaved county roads comprise the most commonly used route to gain access to the property? No, the property is adjacent to and accessed from Stucky Road, a paved county road. 7. If it is found that adequate services cannot be provided to ensure public health, safety and welfare, has the property owner(s) provided a written plan for the accommodation of these services? This project will require connection to City services including sanitary sewer, and water. 8. Does the property owner acknowledge that the City of Bozeman assesses a system development/impact fee and agrees to pay any applicable development/impact fees in accordance with Chapter 3.24 of the Bozeman Municipal Code? Yes C. Supplemental Information 1. If the property is currently in agricultural use, please identify the crops: Pasture 2. Number of residential units existing on the property. None 3. Number and types of commercial structures existing on property. None 4. Estimate of existing population of the property. Zero 5. Assessed value of the property: $4,832 (2006 Taxable Market Value) 6. Existing on-site facilities and utilities (gas, power, telephone, cable, septic systems, well, etc.): There is no existing on site facilities or utilities. 7. Any additional information you feel would assist in the review of this application: Meadow Creek Phase III A Annexation Checklist Narrative Page 2 of 5 213208 214209 215210 216211 CERTIFICATE OF ADJOINING PROPERTY LIST 217212 218213 ADJACENT PROPERTY OWNERS LIST 219214 ANNEXATION APPLICATION ADJOINING PROPERTY OWNERS-200’ RADIUS Tract 1A-1 COS No. 2029 Marshall & C. Luzann Bennett 5535 Stucky Road. Bozeman, MT 59715 Tract 3 COS No. 2532 Marshall & C. Luzann Bennett 5535 Stucky Road. Bozeman, MT 59715 7 FM 1765 Nehls Enterprises, LLC 166 Lyndale Lane Butte, MT 59701 106-252 Don Harry Miller Jane L. Schaaf 204 Kennedy Belgrade, MT 59714 125-511 State of Montana Board of Land Commissioners PO Box 201601 Helena, MT 59620-1601 COS 1245 TR B MSU Foundation PO Box 173490 Bozeman, MT 59717 MINOR SUB 191 LOT 2 Ralph & Steven Aaker 1461 Monroe Pl Louisville, CO 80027 Canvasback, LLC Adjoining Property Owners List Page 1 of 1 220215 FIGURES 221216 222217 223218 224219 225220 226221