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HomeMy WebLinkAbout09-17-07 Resolution No 4072 Report compiled on September 12, 2007 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Martin Knight, Assistant Planner SUBJECT: Resolution No. 4072, Cahill Tracts 4 & 5 Annexation, #A-07004 Consent Item MEETING DATE: Monday, September 17th, 2007 RECOMMENDATION: The City Commission approves Resolution No. 4072, Cahill Tracts 4 & 5 Annexation, #A-07004 with the 14 recommended terms of annexation listed on Page 8 and 9 of the Staff Report. BACKGROUND: An annexation application to annex 3.0195 acres located at 414 & 415 Wilda Lane. The subject property is wholly surrounded by the City of Bozeman. UNRESOLVED ISSUES: The Department of Planning is not aware of any unresolved issues for the proposed development at this time. 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 108 - 1 - COMMISSION RESOLUTION NO. 4072 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, EXTENDING THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE WITHIN THE CORPORATE LIMITS OF THE CITY OF BOZEMAN A TRACT OF LAND TO SAID CITY, KNOWN AS “TRACTS 4 AND 5 OF THE CAHILL SUBDIVISION AND THE WILDA LANE RIGHT-OF- WAY ADJACENT TO TRACTS 3 THROUGH 6 OF THE CAHILL SUBDIVISION, AND LOCATED IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 11, T2S, R5E, PMM, GALLATIN COUNTRY, MONTANA”AND HEREIN MORE PARTICULULARLY DESCRIBED. WHEREAS, the City of Bozeman received a request for annexation from KAM, LLC, PO Box 1273, Bozeman, MT, 59718, owner of the tracts of land, requesting the City Commission to extend the boundaries of the City of Bozeman so as to include certain contiguous tracts of land legally described as Tracts 4 and 5 of the Cahill Subdivision and the Wilda Lane Rights-of-Way adjacent to tracts 3 through 6 of the Cahill Subdivision, located in the northwest quarter of southwest quarter of Section 11, T2S, R5E, PMM, PMM, Gallatin County, State of Montana; and WHEREAS, an annexation staff report has been prepared in accordance with the Commission's goals and policies for annexation and was presented to the Commission on September 17, 2007; and WHEREAS, the parcel being annexed under Title 7, Chapter 2, Part 46 MCA no resolution of intent or public hearing was required; and WHEREAS, a public meeting on the annexation was duly noticed according to the City’s annexation policy and held on September 17, 2007; and WHEREAS, on September 17, 2007, the Commission authorized and directed staff, upon satisfaction by the applicant of the terms of approval, to prepare the necessary annexation agreement and other documents to proceed with the annexation of the privately held portion of these tracts in accordance with terms and conditions approved by the Commission; and 109 - 2 - WHEREAS, on September 17, 2007, the Commission authorized and directed staff to prepare the necessary extension of services plan and other documents to proceed with the annexation of the publicly held portion of these tracts; and WHEREAS, the provision of available services, including, but not limited to, rights-of-way, easements, water rights or cash in lieu, waivers of protest against creation of SID's and impact fees to said contiguous tract is the subject of a written agreement between the City of Bozeman and KAM, LLC, record owner of the tract; and WHEREAS, said contiguous tract is the subject of a certificate of survey, filed in the office of the Gallatin County Clerk and Recorder's Office; and WHEREAS, the Bozeman City Commission hereby finds that the annexation of this contiguous tract is in the best interests of the City of Bozeman and the inhabitants thereof and of the inhabitants of the contiguous tract. Section 1 That it is hereby declared that, pursuant to Title 7, Chapter 2, Part 46, M.C.A., the following- described property be annexed to the City of Bozeman and that the boundaries of said City shall be modified so as to embrace and include such 3.0195 acres of land, to wit, and as further described on Exhibit A, attached hereto: A 3.0195 acre Tracts 4 and 5 of the Cahill Subdivision and the Wilda Lane Rights-of- Way adjacent to Tracts 3 though 6 of the Cahill Subdivision, located in the northwest quarter of the southwest quarter of Section 11, T2S, R5E, PMM, and generally located at 414 and 415 Wilda Lane, Gallatin County, Montana; and Section 2 The effective date of this annexation is ________________________, 2007. Section 3 110 - 3 - The annexation of the above-described tract is subject to the terms of the Agreement dated _____________________, by and between the City of Bozeman and KAM, LLC; and the extension of services plan prepared for the portion owned by the City of Bozeman. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the day 2007. _________________________________________ JEFF KRAUSS Mayor ATTEST: _________________________________________ CYNTHIA JORDAN DELANEY Acting City Clerk APPROVED AS TO FORM: _________________________________________ PAUL J. LUWE City Attorney 111 CAHILL TRACTS 4 & 5 ANNEXATION CITY COMMISSION STAFF REPORT FILE NO. A-07004 Cahill Tracts 4 & 5 Annexation Staff Report, #A-07004 1 Item: Annexation Application #A-07004, requesting to annex 3.0195± acres of land located at 414 & 415 Wilda Lane, to the corporate limits of the City of Bozeman. Owner/Applicant: KAM, LLC PO Box 1273 Bozeman, MT 59718 Representative: C & H Engineering and Surveying, Inc. 1091 Stoneridge Drive Bozeman, MT 59718 Date/Time: Before the Bozeman City Commission on Monday, September 17th, 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 property is generally located on the east and west side of the dead-end of Wilda Lane; is legally described as Tracts 4 and 5 of the Cahill Subdivision, and the Wilda Lane public Rights-of-Way adjacent to Tracts 3-6 of the Cahill Subdivision; and located in the NW ¼ of the SW ¼ of Section 11, T2S, R5E, PMM, Gallatin County, Montana. The property is currently zoned Residential in the Gallatin County Zoning District Number 1. The subject properties are approximately 3.0195 acres in size. Please refer to the aerial photograph provided at the end of the Staff Report and to the following vicinity map. 112 PROPOSAL AND BACKGROUND INFORMATION The applicant has made application to the Bozeman Planning Department to annex the 3.0195-acre subject properties to the corporate limits of the City of Bozeman and to establish an initial municipal zoning designation (ZMA Application #Z-07163) of R-3 (Residential Medium Density District). The subject property currently contains two single-household residences and associated accessory structures. Further development of the property may incorporate some of these structures. No watercourses, wetlands, trails, or similar features are found on the subject properties. This application is being reviewed concurrently with a Zone Map Amendment application (#Z-07163) for the subject properties. The purpose of the annexation and zone map amendment requests is to extend municipal water and sanitary sewer infrastructure to the property and obtain pubic services (i.e., police and fire) in order to develop at urban densities as outlined in the Bozeman 2020 Community Plan. No written public comment has been received to date. Verbal comments from adjacent properties owners have been received. These have primarily been general inquires into what is or may be proposed on the subject properties. Concerns over future improvements to Wilda Lane were discussed. ZONING DESIGNATION & LAND USES Again, the subject properties currently contain two single-household residences. The applicants propose a Zone Map Amendment to establish an initial municipal zoning designation of R-3 (Residential Medium Density District). The intent of the R-3 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 existing land uses and current zoning designations located in the immediate area of the subject property are: North: Vacant and single-household residences; un-annexed and zoned Gallatin County Residential (Gallatin County Zoning District 1). Cahill Tracts 4 & 5 Annexation Staff Report, #A-07004 2 113 South: Gallatin Valley Mall and Bozeman Pond recreation area; annexed and zoned B-2 (Community Business District) and PLI (Public Lands & Institutions District). East: Multi-household residences; annexed and zoned R-3 (Residential Medium Density District). West: Vacant and multi-household residences; annexed and zoned R-3 (Residential Medium Density District). GROWTH POLICY DESIGNATION The subject property is currently designated as “Residential” on the Future Land Use Map of the Bozeman 2020 Community Plan. The “Residential” 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 features such as floodplains may cause an area to be designated for development at a lower density than normally expected within this classification. All residential housing should be arranged with consideration given to the existing character of adjacent development, any natural constraints such as steep slopes, and in a fashion which advances the overall goals of the Bozeman 2020 Community Plan. The residential designation is intended to provide the principal locations for additional housing within the Planning Area. REVIEW CRITERIA Resolution No. 3907 Goals Goal 1: It shall be the goal of the City of Bozeman to encourage annexations of land contiguous to the City. The property in question is contiguous to the City limits. Goal 2: The City shall seek to annex all areas that are totally surrounded by the City, without regard to parcel size. The 3.0195-acre subject property is totally surrounded by the City. Goal 3: The City shall seek to annex all property currently contracting with the City for services such as water, sanitary sewer and/or fire protection. Cahill Tracts 4 & 5 Annexation Staff Report, #A-07004 3 114 The applicant is not currently contracting with the City for any services. The applicant does have a need to contract with the City for municipal services to develop the property at residential urban densities. Goal 4: It shall be the goal of the City of Bozeman to require annexation of all land proposed for development lying within the service boundary of the existing sewer system as depicted in the Bozeman Growth Policy, and to encourage annexations within the urban growth area identified in the Bozeman Growth Policy. The subject property lies within the 20-year sewer service boundary as depicted in the newly adopted 2006 Bozeman Wastewater Facilities Plan. The subject property lies within the Bozeman 2020 Community Plan planning boundary, and the “Capital Facilities Overlay District” (Figure 6-2). The “Capital Facilities Overlay District” is intended to establish a priority area for development within the larger scope of the Bozeman 2020 Community Plan future land use plan. It designates an area within the long-range growth area of the City where services would be most efficiently provided in the near term and where development in the near term would advance the goals of the 2020 Plan. Resolution No. 3907 Policies Policy 1: Annexations shall include dedication of all easements, rights-of-way for collector and arterial streets, water rights, and waivers of right-to-protest against the creation of improvement districts necessary to provide the essential services for future development of the city. The recommended terms of annexation include the provision of public street and utility easements for Wilda Lane. The terms of annexation also include waivers of right-to- protest against the creation of improvement districts for street and signalization improvements. The applicant will need to provide parkland dedication, or cash-in-lieu of, prior to execution of the Annexation Agreement. A fair market appraisal shall be provided for the calculation of cash-in-lieu of parkland. This appraisal shall be for the fair market value of un-subdivided, un-improved, annexed, and zoned property. This appraisal shall be no sooner than 90 days prior to the submittal of the final maps and exhibits. The City Commission must approve all cash in lieu donations for park land. 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-07163), would be in compliance with this designation. Cahill Tracts 4 & 5 Annexation Staff Report, #A-07004 4 115 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-07163) to establish an initial municipal zoning designation of R-3 (Residential Medium Density District) on 3.0195-acres. The Zoning Commission held a public hearing on the Zone Map Amendment application on Wednesday, September 5th, 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 R-3 (Residential Medium Density District). 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 Wilda Lane, which is currently an un- improved gravel roadway. 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. These improvements will include bringing Wilda Lane up to City Standards for local streets (paved, curb/gutter, sidewalks, etc). Policy 5: Prior to annexation of property, it shall be the policy of the City of Bozeman to acquire usable water rights, or an appropriate fee in lieu thereof, equal to the average annual diversion requirement necessary to provide the anticipated average annual consumption of water by residents and/or users of the property when fully developed on the basis of the zoning designation(s). The fee may be used to acquire water rights or for improvements to the water system which would create additional water supply capacity. This policy may be subject to the following exceptions: a. For any annexation in excess of ten acres, it shall be carried out prior to final plat approval, final site plan approval or the issuance of any building permits, whichever occurs first, provided that the applicant executes a promissory note or other appropriate document acceptable to the City. This policy is not applicable to this annexation. b. For any annexation or portion thereof proposed for use as a church as that term is defined in the Bozeman zoning ordinance, the R-1, Residential Cahill Tracts 4 & 5 Annexation Staff Report, #A-07004 5 116 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 Annexation Agreement should contain provisions that discuss the developer’s responsibility for extending the necessary services (water, sewer, streets, storm water faculties, etc.) to the site under consideration. This would include language that advises the developer of the potential need for a comprehensive design report evaluating existing capacity of water and sewer utilities, storm water master plan facilities, and anticipated traffic impacts. At such time that any subdivision or site plan proposal is considered by the City of Bozeman, the extension of services will be determined in detail based upon the type of land uses and urban densities being reviewed by the advisory and decision-making bodies. The D.R.C. considered the annexation request and did not identify any significant impacts to the City’s sanitary sewer and water municipal facilities, or transportation system that could not be addressed or fulfilled by the applicant during subdivision or site plan review. The City Engineer’s Office recommends that the applicant execute waivers of right-to- protest creation of Special Improvement Districts for improvements for 1) Signalization improvements to the intersection of West Babcock Street and Fowler Avenue. Waivers of right to protest creation of Special Improvement Districts shall be executed and filed with the Annexation Agreement. Policy 7: It shall be the general policy of the City of Bozeman to require annexation of any contiguous property for which city services are requested or for which city services are currently being contracted. No City services are currently being contracted. With development of the property, municipal infrastructure will be extended to the site by the developer for the purpose of developing the property at urban residential densities. The terms of annexation specify that the existing structures will be required to connect to City water and sewer services upon annexation and the availability of services. The terms further specify that prior to development the applicant will be responsible for installing any facilities required to provide full municipal services to the property in accordance with the City of Bozeman’s Cahill Tracts 4 & 5 Annexation Staff Report, #A-07004 6 117 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 all existing structures to be connected to municipal services either upon annexation, availability of service, or once so instructed by the City of Bozeman. Water and sewer impact fees will be required from the landowners or successors upon any such connections. The landowners or successors must pay all street and fire impact fees for any existing structures upon annexation. At the time of any further development on the properties, the land owners or their successors shall pay all additional impact fees required by Chapter 3.24, Bozeman Municipal Code. Policy 10: Public notice requirements shall be in compliance with Montana Code Annotated. In addition, notice shall be posted in at least one conspicuous location on the site in question, and mailed to all owners of real property of record within 200 feet of the site in question using the last declared county real estate tax records, not more than 45 days nor less than 15 days prior to the scheduled action to approve or deny the annexation by the City Commission, specifying the date, time and place the annexation will be considered by the City Commission. The notice shall contain the materials specified by Section 18.76.020.A, BMC. In addition, where a commonly identifiable street address is not visible on the property to be annexed, the notice shall provide a map of the area in question so as to indicate its general location and proximity to surrounding properties. Notices of the public hearing have been sent and posted on the site as set forth under this policy. Policy 11: Annexation agreements shall be executed and returned to the City within 60 days of distribution of the annexation agreement, unless another time period is specifically identified by the City Commission. This policy is specified in the recommended terms of annexation. Policy 12: When possible, the use of Part 46 annexations is preferred. This application is being processed as a Part 46 annexation. Cahill Tracts 4 & 5 Annexation Staff Report, #A-07004 7 118 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 Again, no written public comment has been received to date. Verbal comments from adjacent properties owners have been received. These have primarily been general inquires into what is or may be proposed on the subject properties. Concerns over future improvements to Wilda Lane were discussed. 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: 1) Parkland dedication, or cash-in-lieu of, shall be provided prior to execution of the Annexation Agreement. A fair market appraisal shall be provided for the calculation of cash-in-lieu of parkland. This appraisal shall be for the fair market value of un-subdivided, un-improved, annexed, and zoned property. This appraisal shall be no sooner than 90 days prior to the submittal of the final maps and exhibits. The City Commission must approve all cash in lieu donations for park land. 2) An ADA accessible sidewalk ramp shall be installed on the south-side of the hammerhead at the end of Wilda Lane for future connection to the adjacent trail corridor. The applicant shall work with GVLT and the City of Bozeman Parks Department to ensure proper location of this access. This access must be accurately depicted on the Final Annexation Map. 3) All mature Spruce and Cottonwood trees shall be preserved with any subsequent development. Development proposals (i.e. subdivisions, site plans, etc) shall integrate these features into further development to the maximum extent feasible. 4) 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. 5) An Annexation Map, titled “Cahill Tracts 4 & 5 Annexation Map” with a legal description of the property and any adjoining annexed and/or 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 Cahill Tracts 4 & 5 Annexation Staff Report, #A-07004 8 119 Agreement. 6) 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. 7) 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. 8) 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. Prior to Annexation, payback amounts as determined by the City Engineering Department shall be provided for the following payback districts: Far West Sewer, SID 622 Water and West Babcock Street SID. 2. Unless otherwise filed with property, the Applicant shall provide and file with the County Clerk & Recorder executed Waivers of Right to Protest Creation of SIDs for the following: (A) Signalization improvements to the intersection of West Babcock Street and Fowler Ave. The documents filed shall specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. 3. Public street and utility easements shall be provided at the southern end of Wilda Lane on Tracts 4 & 5 to provide for a 120’ long, 20’ wide hammer-head turnaround for emergency vehicles. The easement shall be acceptable in form and content and executed by the landowner(s) prior to Annexation approval. 4. A 20’ wide Water Pipeline and Access Easement and Agreement shall be provided at the proposed looping location. The easement shall be acceptable in form and content and executed by the landowner(s) prior to Annexation approval. 5. Unless otherwise established on the properties, a 10’ wide utility easement shall be provided along the entire Wilda Lane frontage of Tracts 4 & 5. An easement document acceptable in form and content shall be executed by the landowner(s) prior to Annexation approval. 6. All existing structures shall be connected to municipal services either upon annexation, availability of service, or once so instructed by the City of Bozeman. Cahill Tracts 4 & 5 Annexation Staff Report, #A-07004 9 120 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: KAM, LLC, PO Box 1273, Bozeman, MT 59718 C & H Engineering and Surveying, Inc., 1091 Stoneridge Drive, Bozeman, MT 59718 Attachments: Aerial Photograph Applicant Submittal Materials Cahill Tracts 4 & 5 Annexation Staff Report, #A-07004 10 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148