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HomeMy WebLinkAboutVillas - Manley Road Development Public Comment from Ed Adamson, 9-17-14 [_ C��I II Yrff, Bozeman Building Traditions SEP 1 o 2014 Ed Adamson 291 Turtle Way, Bozeman, Montana 59715 DEPART ME.IIT OF (406) 585-7526 + Mobile: (406) 539-3700 COMMUNITY DEVELUI MENT bbtedandbecky@msn.com September 1, 2014 Bozeman City Commissioners Bozeman City Department Officials Bozeman, Montana RE: Villas / Manley Road Development Greetings. The purpose of this letter is to address the concerns of myself, the residents of Sunfish Park, and our neighbors regarding the proposed high density Condominium project proposed for the current Byle / Hash property, the Villas, on Manley Road. Context and Back Ground: Bozeman Building Traditions secured the land for Sunfish Park from Ms. Joyce Nelson in 2004. 1 immediately sought to develop the land as minor sub-division of five single family residences for our unique style of construction. I saw this as the development of a neighborhood for families who enjoy our Bozeman lifestyle. I developed these lots, and Turtle Way, in conformance with all City Regulations and Growth Plans. I was successful in this endeavor; Sunfish Park is now home to five families with children and families. We pride ourselves in keeping Sunfish Park as a showpiece example of rural and urban integration. Concerns: City Planners and Commissioners insisted on a number of conditions for the annexation and development of Sunfish Park. The attachments to this document are the written proscriptions and conditions mandated by the City. Please review these for a complete picture of the conditions that Bozeman Building Traditions adhered to in the development and subsequent occupancy of this minor subdivision. The points of concern we have with the proposed annexation and development are the very same points that City Planning and the City Commission had when Bozeman Building Traditions proposed Sunfish Park. We are opposed to changing the Zoning of this area to high density condomiums for the very same reasons that City Planning pointed out in their directives to Bozeman Building Traditions. The main sentient points in reference to this annexation proposal, alliterated from the attached City directives, are these: 1. Opposition to Zoning Changes. Avoidance of undue concentration of Population and Prevention of Overcrowding of the Land. City Planning rightly pointed out that the size of households in the City of Bozeman, based on US Census data, had been declining since the 1930's. (This is point G in letter from planning regarding zone map amendment application number Z-0429Z attached). City planning also pointed out that the UDO limits would prevent overcrowding of the land. (This is point F in letter from planning regarding zone map amendment application number Z-04292, attached). Planning, therefore, indicated that compliance with the UDO mandated zoning of R-S or R-1 provided for adequately sized dwelling units that would avoid an unnecessary concentration of population. Sunfish Park conformed to this designation. City Planning and the City Commission was adamant that the project be kept to low density. The Annexation Agreement specifies that (Per Section 8, Point g, of the Manley Road/Bozeman Building Traditions Annexation Agreement, attached) ... "the property shall be divided into five (5) parcels complying with R-1 zoning prior to any development. No further subdivision shall be allowed. No more than five (5) dwelling units shall be allowed within the annexation and this restriction shall be noted on the subdivision plat." Reasonable Consideration of the Peculiar Suitability of the Property for Particular Uses. The 2020 growth plan was amended to call for residential development in the area. Planning stated that R-1 and R-S zoning designations were best suited to implement the Residential land use. Sunfish Park conforms to this designation. (This is point K in the letter from planning regarding zone map amendment application numberZ-04292, attached). The proposed high density development does not. Reasonable Consideration to the Character of the District. A direct quotation (per point 1 in the letter from planning regarding zone map ammendment application numberZ-04292, attached) says it best; "The character of this part of town is extremely varied. The Gallatin Park subdivision to the West is only partially built out with a mix of manufacturing and industrial uses as well as some residential aparments on the second floors. The park to the South and East (East Gallatin Recreation Area) is heavily used. To the North is a mix of residential and agricultural uses. Both R-S and R-1 are low density zoning.designations and would give consideration to the varied character of the area." Sunfish Park conforms to this directive. The proposed high density developement obviously does not. There are other issues regarding the character of the district that should also be addressed. The East Gallatin Recreation Area ("The Park") is an excellent resource for the enjoyment of wildlife and wildlife habitat. High density development adjacent to the Park would have an extreme negative affect on this urban wildlife interface. It is enjoyed by families and children of all ages; a high density condominium development would negate the experience of the Park enviornment. Recently, the City approved a micro brewery and "tasting room" on the North side of the Lake. City Commission approved this in the context of a light manufacuring facility; however, the approved consumption of 48 ounces of beer at a sitting defines this as a facility where alcholic beverages will be consumed. This proposed high density project is to be designated R-3. This high density could potentially transform the park into a passage way for the inevitable traffic of people to the "tasting room". The current alcohol problems in the park are well documented by both the Gallatin County Sheriff and the Bozeman Police Department. It is a certainty that this high density development will only add to these problems. 2. Access Problems: The proposed high density development allows for only one access road to the new development, the current access road that services the Park. Our experience adjacent to the park, based on counts from a property owner, is that as many as 300 vehicles per day use the access road currently. Using this same access road for the occupants of 38 town home units would make this kind of traffic loading untennable. Fire and police protection would be severely hampered by this kind of density. It is not difficult to see that with this kind of traffic, fire trucks and police would have extreme difficulty accessing the development, and the Park, as emergencies arise. The current plan does not allow for any alternative access for emergencies to the development. The logistical problems in this high density area for emergency equipment access are obvious. 3. Wetlands Issues: The proposed development site plan has no provision for the wetlands that make up most of the south west end of the site. The proposed development site plan has no provision for review by the City Wetlands Board. These wetlands are a substantial wild life habitat. The proposed site plan has building lots shown where there are now existing swamp and wetlands. 4. Sewer and Water: The proposed development site plan contains no provision for a lift station that will be necessary for the sewers for the project to function to either lift sewage to a new connect from the Gallatin Business Park, or to the existing sewer connection at the end of the Turtle Way cull-de-sac. Since this will require substantial electrical power and a dedicated site, it is an obvious problem that is not addressed in the proposed site plan. 5. Other: The representative of the developer at the most recent meeting indicated that the owners had an ethical prerogative to force this development. This is not necessarily the case. When Glen Hash was finished removing the gravel from the area that is now Glen Lake for the lucrative sale of the gravel, he was faced with either filling in a large hole full of water or deal with ongoing legal liability, taxes, and maintenance of this property which was not developable as a result of the flooding after gravel extraction. Donation to State of Montana Fish, Wildlife, and Parks alleviated this whole problem for Mr. Hash. It is clear that this was just as much a business decision as a desire to gift the area to the State. The attendant easement for road access made the acceptance of the Glen Lake property viable for Fish Wildlife and Parks, and therefore was a part of this business decision. Conclusions: We are not opposed to a development of this site that follows the same mandates of the 2020 growth plan, City planning specifications, and City Zoning directives followed by the development of Sunfish Park in 2005-2006. It is obviously ethically inconsistent for the City to allow this new development to ignore the very strictures placed on Bozeman Building Traditions. We followed these directives in the spirit of cooperation, and with the view that our low density development was the best use for the property. Prior to the development of Sunfish Park, I was personally approached by representatives of the owners to not develop in order to preserve Mrs. Nelson's driveway (now Turtle Way) for a park access, so as to allow for a development very much like the one being currently proposed. These representatives, in exchange, offered to contract with BBT to build some of the condominium units. I flatly rejected this offer. It was my view then, as it is now, that such development would compromise my ethical responsibilities to the City and my neighbors. It is the view of my company, my neighbors, and of r local citizens that this is still very much a reality today. Sinc , amson ozeman Building Traditions MANLEY ROADZONE,MAP AMENDMENT FIL-FlafO.Z—.04292 ZONING COMMISSION STAFF REPORT Item: Zone Map Amendment Application �Z-04292 requesting to amend the City of Bozeman Zone Map to establish an initial municipal zoning designation of R-1 (Residential Single- Household, Low Density District) on approximately 1.84 acres of land located at 780 Manley Road. Owner/Applicant: Bozeman Building Traditions P.O. Box 4480 Bozeman, Montana 59772 Date/Time: Before the Bozeman Zoning Commission on Wednesday, January 19, 2005, at 7:00 p.m., and before the Bozeman City Commission on Tuesday, February 22, 2005, at 7:00 p.m., both in the Commission Meeting Room, 411 East Main Street, Bozeman,Montana. Report By: Susan Kozub,Planner I Recommendation: Approval of R-1 with Contingencies PROTECT LOCATION&MAP: The subject property is legally described as that part of the SWIA of Section 31, T1S,R6E,PMM, Gallatin County, Montana, described as follows: commencing at the Wl/4 corner of said Section 31; thence southerly 177' 45' 52", assumed azimuth from north, 299.9 feet along the west line of the SWl/4 of said Section 31,to the point of beginning of the property to be described;thence easterly 0871 46'48" azimuth 399.82 feet; thence southerly 1770 47' 35" azimuth 200.00 feet; thence westerly 2671 46' 49" azimuth 399.71 feet; thence northerly 357° 45' 52" azimuth 200.00 along said west line to the point of beginning. The property in question contains 1.84 acres of land is located at 780 Manley Road, north of the East Gallatin Recreation Area pond. Please refer to the aerial photograph provided at the end of the Staff Report and to the following vicinity map. Manley Road Zone Map Amendment Staff Report, #Z-04292 R-1 ` } R-1 %oning I Proposed PROPOSAL AND BACKGROUND INFORMATION The property owner and applicant, Bozeman Building Traditions, propose to annex the 1.84-acre subject property to the corporate limits of the City of Bozeman and to establish an initial municipal zoning designation of R-1 (Residential Single-Household, Low Density District). The purpose of the annexation and zone map amendment request is to extend municipal water and sanitary sewer infrastructure to the property and obtain pubic services (i.e., police and fire) in order to develop at urban densities as outlined in the Bozeman 2020 Community Plan. Please note that an application was recently approved (Commission Resolution No. 3761) to amend the growth policy land use designation on the subject property from "Parks, Open Space, and Recreational Lands" to "Residential" on the Future Land Use Map of the Bozeman 2020 Community Plan_ At the Growth Policy Amendment public hearing (10.18.04), one commissioner expressed the desire to see a total of one to two residences on the subject property while another commissioner expressed support for five residences on the subject property. The two lowest density residential zoning districts in the Unified Development Ordinance (UDO) are R-S (Residential Suburban District) and R-1 (Residential Single- Household, Low Density District).Although it is difficult to determine exactly what could happen on the subject property given a certain zoning designation, generally the R-S district,which requires newly created lots to go through the Planned Unit Development (PUD)review process, could allow up to two residences with a density bonus.The R-1 district could allow, up to seven 5,000 square foot lots (netting out the non- developable land such as additional right-of-way). A PUD in the R-1 zone could allow various different development proposals with relaxations and density bonuses. The applicant has indicated a preference to develop five residences on the subject property under the R-1 district. ZONING DESIGNATION& LAND USES The subject property- currently contain one single household residence and is zoned county M-2 (Manufacturing and Industrial District). The applicants propose a Zone Map Amendment to establish an initial municipal zoning designation of R-1 (Residential Single-Household, Low Density District). The intent of the R-1 residential district is to provide for single-household residential development and related uses within the City at urban densities, and to provide for such community facilities and services as will serve the area's residents while respecting the residential character and quality of the area. The following Manley Road Zone Map Amendment Staff Report, #Z-04292 2 chart summarizes the existing, proposed, and potential zoning for the subject property.Requirements for all of the residential zones may be found in Chapter 18.16 of the Unified Development Ordinance. Table 1 Existing Countv Zoning: Potential City Zoning: Proposed City Zoning: 4 I M-2 (Manufacturing&Industrial R-S (Residential R-1(Residential Single District) Suburban District) Household Low Density District) Co centers; family daycare All principal uses eutniaed in the NI.1 district 5 Y Principal Uses (Ambulance sense; Automobile, boat or I A�"cultural uses on 25 acres or home,group dwcare home;public and more; community centers; family private manufactured homes on recreational vehicle sales, service and/or rental; P P Automobile parking lot or garage;Automobile aapcare home;group daycare home; permanent foundations; single repair facilities, Bakery; Banks; Building public and private parks; household dwellings contracror office; s oce; Buil mat ding e.-ials sales; manufactured homes on permanent Business and office machine sales, service and I foundanons single-household repair shop; Cabinet shops; Churches &vellings Community center or meeting hall; Convenience food restaurant;Essential services I (Type 1; Health and exercise center:Hotel or motel; \lanufacuiing, light, and completeh- indoors; Nledical, dental or health clinic; klessenger or telegraph service station• Newsstand; Nursery; Offices; Office suppIr, Optician;Public buildings;Radio and television studio,without transrisson toners;Repair and service establishmen:for light consumer goods. such as appliances and furniture; Research laboratories Restaurant; Sign shops; Trade schools: Travel agency; Truck. bus and rail terminal facilities, Warehousing; 'Mini- warehousing) plus any manufacturing or industrial use is provided in this district if in iI compliance with all provisions of This tide; however, no residential uses, auto wTecl ing yards, jurilzards or garbage dumps shall be pemvtted except as conditional uses. Adult businesses, Amusement and recreational Conditional facilities, Animal shelters; Automobile service Accessory,dwelling units;agricultural Uses and washing station.Dar cart center,Essential uses on 15 acres or less: bed and Accessory dwelling units; community breakfast commercial stable; residential facilities; cooperative services(Type R.Garbage transfer station,Junk salvage yards; Production manufacturing and community residential facilities; housing; daycare centers, golf courses; gcnc.acion facilities; Residences for onmer or cooperative housing, daycare home-based businesses;PUDs carecakcr of junk salvage vards, Recall centers: golf courses; home-based establishments other than principal uses listed in business; recreational vehicle parks subsection A of this section,Solid waste landfill veterinary uses;PUDs Truck repair facilities,Tmck sop,Truck semixe station,Truck washing establishment.Veterin;uy clinics;Am•use approved as part of a planned unit development None except that the lot area shall provide all I For exjsdng lots without communi ' 5,000 for single-household;1,oc0 Lot.Area required yard areas and off-street panting and I -%wc and/or sewer,1 acre; additional for ADUs loading. For existing lots ndth communin' water and/or sewer,'r-acre; Determined through the PUD procedure for newly created lots Lot Width 4 100 fen I For existing lots:100 feet 50 feet 1!! f For newly created lots:Determined through the PUD procedure Manley Road Zone Map Amendment Staff Report, #Z-04292 3 Lot Coverage The entire lot, exclusive of required yards and I For existing lots:not more than 25 Not more than 40 percent t' I parking,may be occupied by the principal and Il percent accessory buildings. For neRvn•created lots. Determined through the PUD procedure Yards Ever}' lot in the M-2 district shall have the For existing lots,35 foot front,25 Front,25 feet adjacent to arterials,20 following minimum yards: Front yard 20 feet; foot rear,25 foot side;Determined feet adjacent to collectors,15 feet i Rear yard none*;Side yards none* through the PUD procedure for adjacent to locals; newly created lots Rear,20 feet; When a lot is adjacent to or across the street Side,5 feet-, from another zone,the yard requirements shall Garage,20 feet be the same as the adjoining zone and buildings shall be screened writh either a decorarive fence or plantings. The provisions of A-S, R-S, PLI and BP shall be interpreted as those of R-1. 40 feet 24 feet roof pitch<3:12; 24 feet roof pitch<3;12; Building 30 feet roof pitch 3:12 or greater but 28 feet roof pitch 3:12 or greater but a Height <612; I <6:12; i34 feet roof pitch 6:12 or greater but 32 feet roof pitch 6:12 or greater but <912; <9.12; 38 feet roof*itch 9:I2 or greater 36 feet roof pitch 9:12 or greater � The existing land uses and current zoning designations located in the immediate area of the proposed annexation are: North: Vehicular access to parking for East Gallatin Recreation Area and outbuildings for agricultural use, zoned countyM-2 (Manufacturing and Industrial District) South: Pond and trails owned by the State, zoned county M-2 (Manufacturing and Industrial District) East: Vehicular access and parking for East Gallatin Recreation Area, zoned county M-2 (Manufacturing and Industrial District) West: Vacant lots in Gallatin Park Subdivision, in the City, zoned M-1 (Light Manufacturing District) GROWTH POLICY DESIGNATION The area that is subject to this application is currently designated "Residential" on the Future Land Use Map in the City's growth policy. This designation is described as follows: Residential. This category designates places where the primary activity is urban density living quarters. Other uses which complement residences are also acceptable such as parks, low intensity home based occupations, fire stations, churches, and schools. The residential designation also 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 Manley Road Zone Map Amendment Staff Report, #Z-04292 4 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. The following growth policy designations are adjacent to the subject properly: North: Vehicular access to parking for East Gallatin Recreation Area and outbuildings for agricultural use, designated as "Parks, Open Space and Recreational Lands" in the 2020 Plan South: Pond and trails owned by the State, designated as "Parks, Open Space and Recreational Lands" in the 2020 Plan East: Vehicular access to parking for East Gallatin Recreation Area, designated as "Parks, Open Space and Recreational Lands" in the 2020 Plan West: Vacant lots within Gallatin Park Subdivision, designated as "Industrial" in the 2020 Plan REVIEW CRITERIA&FINDINGS According to Section 18.70.020 of the Unified Development Ordinance (UDO), the Bozeman Zoning Commission shall cause to be made an investigation of facts bearing on each zone map amendment application. The Zoning Commission must provide necessary information to assure that the action of each zone map amendment application is consistent with the intent and purpose of the UDO. Specifically,the investigation must address the following criteria as required in Section 76-02-304,Montana Code Annotated: A. Consistency with the City's growth policy As previously noted, this property is now designated as "Residential" according to the Bozeman 2020 Community Plan Future Land Use Map;therefore, both R-S and R-1 would be in accordance with the adopted growth policy. Subdivision design will be evaluated for compliance with the growth policy during the subdivision review process. B. Lessening of congestion in the streets This site would be serviced by Manley Road, a collector street. Increased traffic will occur if additional lots and residences are created, however, as part of the terms of annexation, easements and waivers are required to help deal with increased use and to allow for potential road improvements. During subdivision, site plan review*, and/or building permit review, Staff will identify the impacts to the area's transportation network system and determine any required gating measures. Manley Road Zone Map Amendment 5toff Report, #Z-04292 5 C. Securing safety from fire, panic, and other dangers The regulatory provisions established in the R S or R-1 zoning designations, in conjunction with provisions for adequate transportation facilities, will address safety concerns with any further development of the properly. D. Promotion of health and the general welfare The subject property is in the process of requesting annexation to the City of Bozeman.Municipal infrastructure extensions (i.e., water and sanitary sewer) and public services (i.e., police and fire protection) will be available to the subject site if the City Commission grants the annexation request. Connection to City water and sewer will eliminate the need for wells and on-site septic systems. Generally, the standards of development and accompanying development review processes or building permit applications will adequately address the issues of health and general welfare for any zoning designation. E. Provision of adequate light and air The regulatory standards set forth in the UDO for all of the residential zoning districts will provide the necessary provisions (i.e.,yard setbacks, lot coverage, open space and building heights),which are intended to provide for adequate light and air for any additional development on the subject properties. F. Prevention of the overcrowding of land The UDO limits the number of people living in a household to a maximum of four unrelated people (see definition of "household" in Section 18.80.1390). Minimum yard setbacks, height requirements, maximum lot coverage, and required parking are also limiting factors that help prevent the overcrowding of land. G. Avoiding undue concentration of population Compliance with the regulatory standards set forth in the UDO and the Interriational Building Code will aid in providing adequately sized dwelling units to avoid undue concentration of population. According to the census information for the City of Bozeman the average household size has been declining from 5.74 in 1930 to 2.48 in 2000. This historical trend is likely to continue and would indicate that the undue concentration of the population is not an issue with any zoning designation. H. Facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements The Bozeman 2020 Community Plan identifies the annexation request as lying in the "2020 Boundary" but not 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 designation of the Capital Facilities Overlay District is not intended to prohibit development in areas that are not contained within it, Instead, 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 Manley Road Zone Map Amendment Staff Report, #Z-04292 6 term would advance the goals of the 2020 Plan. An assessment of the impacts to infrastructure, public services, schools, parkland, and other community requirements will be evaluated during further development of the property. I. Reasonable consideration to the character of the district The character of this part of town is extremeh,varied. The Gallatin Park subdivision to the west is only partially built-out with a mix of manufacturing and industrial uses as well as some residential apartments on the second floors. The park to the south and east is heavily-used. To the north is a mix of residential and agricultural uses. Both R-S and R-1 are low density zoning designations and would give consideration to the vaned character of the area. J. Conserving the value of buildings The R-S and R-1 zoning designations Rill not negatively affect the value of buildings. K. Reasonable consideration to the peculiar suitability of the property for particular uses. As previously noted, the 2020 Plan was recently amended to call for residential development in this area. Either the R-S or the R-1 zoning designations are suited to implement the "Residential" land use designation. L. Encouraging the most appropriate use of land throughout the municipality. Both zoning designations would allow, appropriate residential uses of the land and for the efficient use of the land without negatively impacting existing land uses and development. AGENCY REVIEW The Planning Office 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. Additional comments and/or recommendations received after the date of this report will be forwarded to the governing body. PUBLIC COMMENT Three letters of public comment have been received to date and are attached to this Staff Report. 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 and to establish any initial municipal zoning designation, the Planning Office has recommended that the following standard ZMA contingencies: Manley Rood Zone Map Amendment Staff Report,#Z-04292 7 1. That the ordinance for the Zone Map Amendment shall not be adopted until the Resolution of Annexation is completed and adopted by the City Commission. If the annexation is not approved,the application shall be void; 2. That the applicant submit a zone amendment map, titled "Manley Road Zone Map Amendment," on: 1) a 24-inch x 36-inch mylar; 2) an 81h-inch by 11- or 14-inch paper exhibit; and 3) a digital copy of the area to be zoned, acceptable to the Director of Public Service, which will be utilized in the preparation of the Ordinance to officially amend the City of Bozeman Zoning Map. Said map shall contain a metes and bounds legal description of the perimeter of the subject property, description of the boundaries of each specific zoning designation, total acreage of the property, acreage of each specific zoning designation,and adjoining rights-of-way and/or street access easements. SUMMARY&CONCLUSION The Planning Office, Development Review Committee, and other local review agencies have reviewed the requested Zone Map Amendment and have provided the above comments as they relate to the review criteria and recommend approval with the above noted contingencies. The recommendation of the Bozeman Zoning Commission will be forwarded to the Bozeman City Commission for consideration at its public hearing on February 22, 2005_ The City Commission will make the final decision on the application. IN THE CASE OF PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF EITHER OF THE AREA OF THE LOTS INCLUDED IN THE PROPOSED CHANGE; OR THOSE LOTS 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, SUCH AMENDMENT MAY NOT BECOME EFFECTIVE EXCEPT UPON A FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. CC: Bozeman Building Traditions, P.O.Box 4480, Bozeman,Montana 59772 Attachments: Aerial Photograph Photographs of site Public Comment (3) Applicant's Submittal Materials Manley Road Zone Map Amendment Staff Report, #Z-04292 g MANILEY ROAD/BOZEIAIAN BUILDING TRADITIONS ANNEXATION AGREEMENT THIS AGREEMENT is made and entered into this day of ,2005,bt- and between the CITY OF BOZENfAN,a municipal corporation and political subdivision of the State of Montana,with offices at 411 East Main Street,Bozeman,Montana,and mailing address at P.O.Box 1230, Bozeman,Montana, 59771-1230,hereinafter referred to as"City,"and Bozeman Building Traditions, P.O. Box 4480, Bozeman, Montana 59772, hereinafter referred to as "Landowner," WIT NTESSETH: WHEREAS,the Landowner is owner in fee of tracts of certain real property,hereinafter referred to as the "MANLEY ROAD ANNEXATION," situated in Gallatin County, Montana, and more particularly described as follows: That part of the SWIA of Section 31, T1S, R6E, PMM, Gallatin County, Montana, described as follows: commencing at the WIA comer of said Section 31; thence southerly 177' 45' 52", assumed azimuth from north, 299.9 feet along the west line of the SW'/a of said Section 31,to the point of beginning of the property to be described;thence easterly 087°46'48" azimuth 399.82 feet; thence southerly 177' 47' 35" azimuth 200.00 feet; thence westerly 267'46'48"azimuth 399.71 feet;thence northerly 357'45' 52" azimuth 200.00 along said west line to the point of beginning. WHEREAS,the Landowner has petitioned the City for annexation of the contiguous tracts;and WHEREAS, the tiL,�NLEY ROAD ANNEXATIO\,T is not within the corporate limits of the City-of Bozeman or other municipality but is contiguous to the City and may therefore be annexed to the City in accordance with the provisions of this Agreement and i\ICA Title 7, Chapter 2, Part 43; and WHEREAS,all parties recognize that the annexation of the T ANLEY ROAD ANNEXATION pursuant to Section 7-2-4301, er seq., itICA, will entitle the said property- to City services, including municipal water and sewer service, upon their availability; and WHEREAS,MCA Section 7-2-4305 provides that a municipality and landowner can agree to the provision of services to the area to be annexed; and WHEREAS, the City's present water supply is insufficient to enable it to supply reasonably adequate water service to additional customers outside the present city boundaries;and WHEREAS, the Landowner wishes to convey to the City certain water rights or take some equivalent action to provide water and sewer service to the hIANLEY ROAD ANNEXATION;and WHEREAS, all parties recognize that the development of the MANLEY ROAD ANNEXATION will impact Zlanley-Road and will require additional public street improvements;and WHEREAS,the Landowner finds that this Agreement NvU provide for the most satisfactory and dependable water supply or service available to furnish water and provide traffic circulation for MANLEY ROAD ANNEXATION,9A-04016 1 development near and within the AIANLEY ROAD ANNE<]KATION; and WHEREAS, the malting and performance of this Agreement is desirable to promote the development of the most adequate water supply and traffic circulation pattern for the City as it now exists and as it is reasonably expected to enlarge; and WHEREAS,the securing of an adequate water supply and traffic system by the City is necessary and of mutual advantage to the parties hereto;and WHEREAS, the parties have determined that it is in the best interests of the City and the Landowner, and in furtherance of the public health, safety-, and welfare of the community to enter into and implement this Agreement. IN CONSIDERATION of the mutual covenants and agreements herein contained,the parties hereto agree as follows: 1. Recitals The above recitals are true and correct. 2. Annexation The Landowner filed an application for annexation of the 1IANLEY ROAD ANNEXATION with the City on October 28,2004. The City,on January 18,2005,adopted Resolution of Intent to Annex No. 3702 for the 1\,IANLEY ROAD ANNEXATION. By execution of this Agreement, the City has manifested its intention to annex.the 1L,�NLEY ROAD ANNEXATION tract pursuant to the terms and conditions of this Agreement. Subject to the provisions of Title 7,Chapter 2,Part 43,the City shall,upon execution of this Agreement, adopt a Resolution of Annexation of the 1�IANLEY ROAD ANNEXATION to the City. Further,upon the execution of this Agreement,the Landowner shall do all things necessary and proper to aid and assist the City in carrying out the terms,conditions,and provisions of this Agreement and effectuate the annexation of the MANLEY ROAD ANNEXATION tracts to the City. 3. Services Provided The City will,upon annexation,make available only existing City services to the extent currently available, including municipal water service, municipal sewer service, police protection, and fire protection, to the 1\IANLEY ROAD ANNEXATION,as provided in this Agreement. 4. Municipal Water Service Defined The term "municipal water service" as is used in this Agreement shall be the service which is supplied by the City in accordance with Chapter 13.12,Bozeman Tlunucipal Code,or as may be amended, as well as any other terms and conditions which apply to the City's provision of this service. The term does not contemplate d-ie extension of lines or construction of necessary improvements at any cost to the City for delivery of water to and within the MANLEY ROAD ANNEXATION. Nothing in this MANLEY ROAD ANNEXATION,iM-040I 6 2 Agreement shall obligate the City*to pay for right-of-way acquisition,engineering,construction,and other costs for the delivery of water to or within the MANLEY ROAD ANNEXATION to include,but not limited to, any impact fees,hook-up, connection, or development charges which may be established by the City. Upon annexation and upon availability of service,the existing residence on the property must be connected to City water.Any wells presently used for domestic purpose can be retained for irrigation only with no physical connection to domestic water piping. 5. Municipal Sewer Service Defined The term "municipal sewer service" as is used in this Agreement shall be die service which is supplied by the City in accordance with Chapter 13.24,Bozeman Municipal Code,or as may be amended, as well as any other terms and conditions which apply to the City's provision of this service. The term does not contemplate the extension of lines or construction of necessary improvements at any cost to the City for collection of sewage at and within the NIANLEY ROAD ANNEXATION. Nothing in this Agreement shall obligate the City to pay for right-of-way acquisition,engineering,construction,and other costs for the collection of sewage services to or within the MANLEY ROAD ANNEXATION to include,but not limited to,any impact fees,hookup,connection,or development charges which may be established by the City. Upon annexation and upon availability of service,the existing residence on the property must be connected to City- sewer utilities. The existing on-site treatment systems must be properly abandoned and certification provided the abandonment occurred. 6. Water Rights The parties acknowledge the following City policy: 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 anticipated average annual consumption of water by residents and/or users of the property-when fulls-developed.The fee may be used to acquire water rights or for improvements to the water system which would create additional water supply capacity. Except,however,that for any annexation in excess often(10) acres, this policy shall be carried out prior to final plat approval of each development phase. -Section 2, No. 5, Conunission Resolution 3137,Adopted August 19, 1996 The I\LANLEY ROAD ANNEXATION consists of approximately 1.8 acres (exclusive of adjacent right-of-way). The Landowner understands and agrees that they must provide sufficient water rights in accordance with the City's policy according to the following schedule: N-LkNLEY ROAD AN NE' consisting of a total of 1.8 acres, shall provide water rights or cash-in-lieu in the amount of to the City of Bozeman,at the time the Annexation Agreement is submitted. MANLEY ROAD ANNEXATION,#A-04016 The Landowner shall provide sufficient cash-in-lieu as calculated by the City in accordance with its policy at the time of calculation. The Landowner further understands that the City will calculate the average annual diversion requirement necessary to provide water to this annexation tract on the basis of the zonuzg designation and/or City-approved development for the property-at the time such calculation is made. 7. Comprehensive Water and Sewer Design Report Prior to development of the subject annexation, the applicant's engineer will be required to prepare a comprehensive design report evaluating the existing capacity of both the water and sewer utilities. The report must include hydraulic evaluations of each utility for both existing and post development demands. The report findings must demonstrate that adequate capacity is available to serve full development of the annexation area. If adequate water and/or sewer capacity is not available for the full development, the report must identify the water and sewer system improvements required to provide the necessary capacity. Any improvements necessary to serve the full development must be in place prior to further development of the site. The Landowner agrees to complete at Landowner's expense, the necessary system improvements to serve the fuU development. 8. Future Development and/or Subdivision Landowner understands and agrees that there is no right,either granted or implied by the City,for the Landowner to develop any of the-T\UANLEY ROAD ANNEIATION until it is verified by the City that necessary municipal services,including but not limited to police and fire protection,are available to all or a portion of the IIANLEY ROAD ANNEIkTION. The Landowner is hereby on notice of the following requirements upon further development or subdivision of the MANLEY ROAD ANNEIZATION: a) The annexation agreement shall include notice 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. b) The Montana Department of fish,Wildlife and Parks shall be contacted by the Applicant regarding any proposed ditch/stream relocation and any required permits (i.e., 310, 404, Turbidity exemption,etc.) shall be obtained prior to Final Site Plan/Subdivision approval. c) Prior to any development of the subject annexation, a stormwater drainage and grading plan shall be provided to and approved by the City Engineer. The plan must demonstrate that adequate treatment of ninoff from the public streets and all future lots will be achieved by providing spot elevations,flow direction arrows,detention and/or retention basin details (including basin sizing calculations and basin typical sections), outlet structure details,and culvert capacity calculations. The plan must also locate and provide easements for adequate drainage ways within the annexation area to transport treated runoff to the stormwater receiving channel. d) Prior to any development of the subject annexation,the new street shall be constructed to follow the City of Bozeman Local Street Standards with a 31 foot(back of curb to back of curb)width. However,sidewalk will only need to be constructed on the North side of the MANLEY ROAD ANNEXATION,#A-04016 4 Street because the streets close proximity to the East Gallatin Rec.Area. e) A public access easement of 60 feet will be required for the construction of the new street. PIans and specifications for any water, sewer and/or storm sewer main extensions, and Public or Private Streets (including curb, gutter & sidewalks) prepared by a Professional Engineer (PE) shall be provided to and approved by the City-Engineer. Water and sewer plans shall also be approved by the Montana Department of Environmental Quality. The applicant shall also provide Professional Engineering services for construction inspection, ri post-constction certification, and preparation of mylar record drawings. Specific comments regarding the existing and proposed infrastructure shall be provided at that time. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a pre-construction conference has been conducted. No building permits Nvill be issued prior to City acceptance of the infrastructure improvements. g) In the event the property contained within the annexation is subdivided, the property shall be subdivided into five (5) parcels complying with R-1 zoning prior to any development. No further subdivision shall be allowed. No more than five (5) dwelling units shall be allowed within the annexation and this restriction shall be noted on the subdivision plat. 9. Impact Fees The Landowners hereby acknowledge that annexation and development of their property will impact the City's existing street,water,and sewer infrastructure,and fire service requirements. There is one existing residence on the property. At the time of annexation,the landowners shall pay all street and fire impact fees that are attributable for the existing residence. At the time of connection to the City's water and sewer facilities, the landowners shall pay all applicable water and sewer impact fees for the existing residence. At the time of any further development on the properties, the landowners and their successors shall pay all Fire, Street, eater and Sewer Impact Fees required by chapter 3.24, Bozeman Municipal Code, or as amended, at the time of application for any permit listed in Section 3 24.050A, 3.24.060A, 3.24.070A, or 3.24.080A, respectively. If the impact fees currently imposed pursuant to Chapter 3.24 of the Bozeman Municipal Code are subsequently voided or declared invalid by a court of competent jurisdiction,Landowners agree to pay the City fees or assessments established by the City for impact on City services in accordance with a new or revised Chapter of the Bozeman Municipal Code lawfully enacted as a result of such court decision after the date of the court decision. If, prior to enactment of such revised Chapter,the Landowner applies for any permit which actuates or would have actuated impact fees pursuant to the current Chapter 3.24 of the Bozeman I'-Sunicipal Code, the Landowner further agrees to pay at that time,the amount calculated for all such fees based upon the rates established at the date of this agreement. If the Court above declares Chapter 3.24 of the Bozeman Municipal Code invalid, and if Iandowner would have been entitled to a refund under the court's decision but were it not for the sole fact of the landowner paying impact fees because of this agreement,then all such impact fees paid prior to the 1NIANLEY ROAD ANNEXATION,4A-04016 5 court's decision shall be held in escrow until a revised Chapter of the Code is enacted after the Court's decision. At the time the revised code is enacted,then all such fees held in escrow shall be released to the city and the balance, if any, returned to the landowner. All accumulated interest on the sum held in escrow shall be released to the City or landowner on the same percentage as the money released to either party-bears to the total sum held in escrow. Landowners further understand and agree that any-improvements,either on-or off-site,necessary to provide connection of ILANLEY ROAD ANNELATION to municipal services which are wholly attributable to the property are "project related improvements" as defined in Chapter 3.24, Bozeman Municipal Code, or as amended, and as such, are not eligible for impact fee credits. If Landowners default on this condition at the time such is to be performed, and should default not be remedied or corrected within thirty (30) days after written notice by City to Landowners of such default, City may at their option: a) Declare the amounts owing for impact fees immediately due and payable and City shall have the right and privilege to take legal action against Landowners for the collection of such sum, including the entry- of any judgment. In addition, the City may, at its option, enforce payment of such amount by levying an assessment on the premises. b) Elect any other remedy available to City- under the Iaws of the State of Montana. c) Any waiver by City of any default shall not be construed as a waiver of any subsequent default. d) It is agreed that it shall be no defense to the enforcement of this provision by the City that impact fees imposed pursuant to Chapter 3.24 of the Bozeman Municipal Code are subsequently voided or declared invalid by a court of competent jurisdiction. It is the express intention of the parties not to be bound by such a declaration or judgment and, therefore, notwithstanding any judgment either limiting impact fee payments under annexation agreements to specified amounts,or prohibiting any such payment,landowner will pay such amount as specified above. 10. Stormwater Master Plan Landowner understands and agrees that prior to development of the hLANLEY ROAD ANNEM-MON,a stormwater drainage and graduig plan shall be provided to and approved by the City Engineer. The plan must demonstrate that adequate treatment of runoff from the public streets and all future lots will be achieved by providing spot elevations, flow direction arrows, detention and/or retention basin details (including basin sizing calculations and basin typical sections), outlet structure details,and culvert capacity calculations. The plan must also locate and provide easements for adequate drainage ways within the annexation area to transport treated runoff to the stormwater receiving channel. The plan shall also include a stormwater maintenance plan. MANLEY ROAD ANNEXATION,#A-04016 6 11. Traffic Analysis Report ` If required by the Engineering Department,the landowner shall provide a detailed Traffic Analysis Report(s) at the time of future development of any portion of the annexed property. 12. Waiver of Ri ht-to-Protest Special Improvement Districts Landowner has executed a Waiver of Right-to-Protest Creation of Special Improvement Districts for street improvements,including but not limited to:paving,curb,gutter,sidewalk,and storm drainage improvements to Manley Road; and have further executed a Waiver of Right-to-Protest Creation of Special Parks Maintenance Districts. Said Waivers are attached hereto as Exhibits A and B. 13. Right-of-Way Easement for Future Roadways Landowner has dedicated,by written easement,the following land to the City of Bozeman,ivluch represents the Landowner's proportionate share of the necessary right-of-way: a. The applicants shall submit an easement for 15 additional feet of right-of-way along Manley Road. Manley Road is designated as a Future Collector and requires 90 feet of Right of Way. Said easements will be filed with the Gallatin County Clerk and Recorder at the time this Annexation Agreement is filed. 14. Utilijy Easements Landowner understands and agrees that utility easements,a minimum of 30 feet in width,will be necessary for the installation and maintenance of water and sewer utility services to the annexed parcel. The Landowner shall create such easements ui locations agreeable to the City during the appropriate development procedure,but in no event later than the filing of any final plat or site plan or issuance of a building permit on any of the parcels. 15. Ditch Easements Landowner understands and agrees that if the onsite ditch is used as an agricultural water user facility or for some other purpose including overflow or drainage, appropriate easements shall be filed prior to annexation in accordance with Section 18.42.060 "Easements." 16. Wetlands Landowner understands and agrees that,prior to annexation,boundary determinations shall be prepared for all wetlands on the property to be annexed in accordance with Section 18.56.050"\Yletlands Mapping." 17. Additional Terms of Waivers The parties recognize that these documents shall be filed and of record with the Gallatin County Clerk and Recorder prior to the sale of any land within the MANLEY ROAD ANNEXATION. The parties further agree that the City may file these documents at any time. MANLEY ROAD ANNEXATION,#A-04016 7 18. Governing Law and Venue This Agreement shall be construed under and governed by the laws of the state of Montana. In the event of litigation concerning this Agreement, venue is in the Eighteenth Judicial District Court, Gallatin County, State of Montana. 19. Attornev's Fees In the event it becomes necessary for either party to this .Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement, then the prevailing party shall be entitled to reasonable attorney's fees and costs, to include the salary and costs of in-house counsel including City Attorney. 20. Waiver No waiver by either party of any breach of any term, covenant, or agreement shall be deemed a waiver of the same or any subsecluent breach of this same or any other term, covenant or agreement. No covenant, term or agreement shall be deemed waived by either party unless waived in writing. 21. Invalid Provision The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof,and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. 22. Modifications or Alterations No modification or amendment of this Agreement shall be valid unless evidenced by a writing signed by the parties hereto. 23. No Assignment. It is expressly agreed that the Landowner shall not assign this Agreement in whole or in part without prior written consent of the City. 24. Successors This Agreement shall be binding upon,inure to the benefit of and be enforceable by the pazties hereto and their respective heirs, successors and assigns. 25. Covenants to Run with the Land The parties intend that the terms of this Agreement shall be covenants running with the land and shall not expire at their deaths or upon transfer of ownership of the property. MANLEY ROAD ANNEXATION,#A-04016 8 The undersigned Landowners affirms that they have authority to enter into this Agreement on behalf of their partnership, and to bind the partnership to this agreement. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed the day and year first above written. CORPORATION% f Edward C. Adamson STATE OF MONTANA Bozeman Building Traditions ) ss. County of Gallatin ) On this j—&d day of , 2005, before me, the undersigned, a Notary Public for the State of AMontana,4prsonally appeared Edward C.Adamson known to me to be the president of Bozeman Building Traditions,the corporation that executed the within instrument,and . acknowledged to me that he executed the same for and on behalf of said corporation. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. t\ame Here) Notary Public or the State of Montana _r Residing at —f i`My Commission Expires: t/� ?1�h-7 A ,j (Use 4 digits for expiration rear) MANLEY ROAD ANNEXATION,,A-040]6 9