HomeMy WebLinkAboutA3. Resolution 4619 and Prov Ord 1918Page 1 of 16
15251, Staff Report for the Sports Complex Annexation and Zone Map
Amendment
NOTE: UPDATES TO THIS STAFF REPORT THAT HAVE BEEN MADE SINCE ITS
PRESENTATION TO THE ZONING COMMISSION ARE SHOWN IN RED.
Public Hearing Date: Zoning Commission meeting is on July 7, 2015
City Commission hearing is on July 27, 2015
Project Description: Annexation and Zone Map Amendment requesting annexation of
80.325 acres and amendment of the City zoning map for the establishment of a
zoning designation of PLI, Public Lands and Institutions District.
Project Location: 4600 Baxter Lane, SW of the intersection of Baxter Lane and Flanders
Mill Road.
Recommendation: Approval
Recommended Annexation Motion: Having reviewed and considered the staff report,
application materials, public comment, and all information presented, I hereby adopt
the findings presented in the staff report for application 15251 and move to approve
the Sports Complex Annexation and Resolution 4619.
Recommended Zoning Motion: Having reviewed and considered the staff report,
application materials, public comment, and all information presented, I hereby adopt
the findings presented in the staff report for application 15251 and move to
provisionally adopted Ordinance 1918, the Sports Complex Zone Map Amendment.
Report Date: June 26, 2015
Staff Contact: Chris Saunders, Policy and Planning Manager
Brian Heaston, Engineer
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
Unresolved Issues
None. All usual contingencies are either not applicable or have already been satisfied.
Project Summary
Annexation and initial zoning of approximately 80 acres located SW of the intersection of
Baxter Lane and Flanders Mill Road. The property was purchased for development of a field
sports park. The property has no existing buildings and has been used for growing small
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grains. Recommended zoning district is Public Lands and Institutions. All zoning and
annexation contingencies have been addressed. The recommended motions are for official
action to complete the annexation and provisional zoning.
As the City is the landowner, a provision of services plan has been developed in place of the
typical annexation agreement. The City will be responsible for all costs of development.
Alternatives
As determined by the City Commission.
Zoning Commission
The Zoning Commission held their public hearing on July 7, 2015. No public comment was
received. The Zoning Commission recommended approval of the requested Public Lands and
Institutions designation for the property. The video of the public hearing can be viewed at,
http://media.avcaptureall.com/session.html?sessionid=e7733345-1146-4941-b930-
07a3547e229c.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .................................................................................................... 4
SECTION 2- TERMS OF ANNEXATION ............................................................................. 7
SECTION 3- CONTINGENCIES OF ZONE MAP AMENDMENT ...................................... 8
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 8
Project Name: Sports Complex Annexation ................................................................... 8
Project Name: sports Complex Zone Map Amendment ................................................. 8
SECTION 5 – ANNEXATION STAFF ANALYSIS AND FINDINGS ................................. 9
SECTION 6 – ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS .......... 12
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 14
APPENDIX A – DETAILED PROJECT DESCRIPTION AND BACKGROUND ............. 14
APPENDIX B – NOTICING AND PUBLIC COMMENT ................................................... 15
APPENDIX C – PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 15
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APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 16
FISCAL EFFECTS ................................................................................................................. 16
ATTACHMENTS ................................................................................................................... 16
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SECTION 1 - MAP SERIES
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SECTION 2- TERMS OF ANNEXATION
The following terms of annexation were recommended to enable the application to comply
with the City’s Annexation Policy and the requirements of state law for the provision of
services. The applicant has satisfied all terms and no items remain to be completed.
Initially Recommended terms of annexation:
1) That the documents and exhibits to formally annex the subject property shall be identified as
the “Sports Complex Annexation”.
2) An Annexation Map, titled “Sports Complex Annexation” with a legal description of the
property and any adjoining unannexed rights-of-way and/or street access easements
(including for portions of Reeves Road) 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 Works and City Engineer’s Office, and shall be
submitted with the signed Annexation Agreement.
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SECTION 3- CONTINGENCIES OF ZONE MAP AMENDMENT
These contingencies are necessary for the City to complete the process of the proposed
amendment. These contingencies only apply in the event that the related annexation request
has previously been approved. The applicant has satisfied all terms and no items remain to be
completed.
Initially Recommended Contingencies of Approval:
1. That all documents and exhibits necessary to establish an initial municipal zoning
designation shall be identified as the “Bozeman Sports Complex Zone Map Amendment”.
2. That the Ordinance for the Zone Map Amendment shall not be approved until the
Annexation is formally approved by the City Commission. If the annexation is not
approved, the Zone Map Amendment application shall be null and void.
3. That the applicant submit a zone amendment map, titled “Bozeman Sports Complex
Zone Map Amendment”, on a 24” by 36” mylar, 8 ½” by 11”, or 8 ½” by 14” paper
exhibit, and a digital copy of the area to be zoned, acceptable to the Director of Public
Works, 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 and zoning districts, and total
acreage of the property.
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: Sports Complex Annexation
Having considered the criteria established for an annexation, the Development Review
Committee (DRC) voted on June 17, 2015 to recommend approval of the requested
annexation.
The City Commission will hold a public meeting on the annexation on DATE. The meeting
will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6 p.m.
Project Name: sports Complex Zone Map Amendment
Having considered the criteria established for a zone map amendment, the Staff recommends
approval as submitted. The Sports Complex Zone Map Amendment (ZMA) is in conjunction
with an Annexation request. Staff’s recommendation and staff responses are predicated
on approval of the annexation, File 15251.
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The Development Review Committee (DRC) considered the amendment on June 10th and
17th, 2015. The DRC did not identify any infrastructure or regulatory constraints which
would impede the approval of the application.
The Zoning Commission will hold a public hearing on this ZMA on July 7, 2015 and will
forward a recommendation to the Commission on the Zone Map amendment. After holding
their public hearing, the Zoning Commission recommended approval of the requested Public
Lands and Institutions district with contingencies as recommended by staff.
The City Commission will hold a public hearing on the zone map amendment on July 27,
2015. The meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin
at 6 p.m.
SECTION 5 – ANNEXATION STAFF ANALYSIS AND FINDINGS
In considering applications for approval of the requested annexation, the advisory boards and
City Commission shall consider the following:
Resolution 3907 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 on the north and east.
Goal 2: The City shall seek to annex all areas that are totally surrounded by the
City, without regard to parcel size.
The subject property is not wholly surrounded.
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 subject property is not contracting for services
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 is within the service boundaries for municipal services. The property
will be developed as a park for intensive use which will required municipal water and sewer
services.
Resolution No. 3907 Policies
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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 right of way for three arterial streets and one local street will be provided by subdivision
exemption after completion of the annexation process. No waivers are required as the City
will be the owner of the property and the one to form any special improvement district.
Water rights are provided with the annexation.
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 designated Residential which is consistent with the proposed future use of the
property.
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 an initial municipal
zoning designation of Public Lands and Institutions (PLI). The PLI district is consistent with
the Residential future land use designation. The criteria for approval of a PLI designation
have been met. The City Commission will have to adopt an ordinance to finalize the
designation. Staff supports the requested zoning district.
c. The applicant may indicate his or her preferred zoning classification as part of the
annexation application.
The applicant/owner has indicated that they prefer a zoning designation of PLI.
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 application processing and 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 is annexed by existing pave roads. However, these
roads are not at City standards. The streets will be widened and developed to municipal
standards as part of the park development process.
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Note: The annexation and the placement of a zoning district designation on the property by
the City does not guarantee available services. Section 38.07.010.C of the Unified
Development Code states: “Placement of any given zoning district on an area depicted on the
zoning map indicates a judgment on the part of the city that the range of uses allowed within
that district are generally acceptable in that location. It is not a guarantee of approval for any
given use prior to the completion of the appropriate review procedure and compliance with
all of the applicable requirements and development standards of this chapter and other
applicable policies, laws and ordinances. It is also not a guarantee of immediate
infrastructure availability or a commitment on the part of the city to bear the cost of
extending services”.
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.
The City acquired water rights in conjunction with the purchase of the land. After the master
plan for the park has been completed it will be possible to verify if additional water rights are
needed. If additional rights are needed the City will be responsible to acquire them.
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 be approved.
City infrastructure and emergency services are available or readily extended to the area. The
City recently installed a large sewer main in the future alignment of Cottonwood Road and
Baxter Lane which will serve the property. The fire and police services already are provided
to adjacent properties.
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 services are presently contracted. The development of the park will require water and
sewer services.
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Policy 8: The annexation application shall be accompanied by mapping to meet the
requirements of the Director of Public Works.
Mapping to meet the requirements of the Director of Public works 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. The required mapping has been provided.
Policy 9: It shall be the policy of the City of Bozeman to assess a system development/impact
fee in accordance with Chpt. 2, Art. 6, Div. 9 Bozeman Municipal Code (Impact Fees), and in
accordance with the Bozeman Growth Policy and other policies as they are developed.
The system development fees will be provided upon development.
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 38.40.020.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.
No annexation agreement will be prepared. The City cannot enter into an agreement with
itself. Therefore, a provision of services plan has been provided to address future provision of
services.
Policy 12: When possible, the use of Part 46 annexations is preferred.
This annexation is being processed under Part 46 provisions.
SECTION 6 – ZONE MAP AMENDMENT STAFF ANALYSIS AND
FINDINGS
In considering applications for approval under this title, the advisory boards and City
Commission shall consider the following criteria. As an amendment is a legislative action,
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the Commission has broad latitude to determine a policy direction. The burden of proof that
the application should be approved lies with the applicant.
In considering the following criteria the analysis must show that the amendment
accomplishes criteria A-D. Criteria E-K must be considered and may be found to be
affirmative, neutral, or negative. A favorable decision on the proposed application must find
that the application meets all of criteria A-D and that the positive outcomes of the
amendment outweigh negative outcomes for criteria E-K.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Yes. The future land use map designates the property as Residential. Per appendix C of the
growth policy, the PLI zoning district is an implementing district. Review of the goals and
objectives does not indicate any conflicts.
B. Secure safety from fire and other dangers.
Neutral. The property has access to municipal emergency services. Future development will
provide street access and connection to water and sewer services. There are no known
hazards on the property which would restrict it from the PLI zone.
C. Promote public health, public safety, and general welfare.
Neutral. The designation as PLI will not modify the standards adopted to address these
issues. The development as a future park would be allowed in any zoning district. Therefore,
there is not a special advantage or disadvantage to designation as PLI.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Yes. The PLI district is specifically to support provision of public requirements. The district
allows all such uses necessary to accomplish this purpose. Development as a future park is
consistent with the district and this purpose of zoning.
E. Reasonable provision of adequate light and air.
Yes, the setbacks included in the district address this criterion.
F. The effect on motorized and non-motorized transportation systems.
Neutral. The PLI district will not itself provide for transportation. The demand for travel is
likely less than would result from development as housing. Expansion of the street and non-
motorized systems will be addressed during development review.
G. Promotion of compatible urban growth.
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Neutral. Parks are an essential component of urban development. A park is an allowed use in
the PLI zone. The district will not impede the expansion of the urban uses. The placement
next to the possible future high school site will enable mutually beneficial operations.
H. Character of the district.
Yes, PLI and parks are compatible with the adjacent existing and approved use of property
for dwellings.
I. Peculiar suitability for particular uses.
Yes. The site is well located with substantial vehicle access, proximity to schools, and is
generally level. The site has access to irrigation facilities to address future development as
play fields. Other uses would also suit the site well.
J. Conserving the value of buildings.
Neutral. There are no buildings on the site. The nearest buildings are north of Baxter Lane.
There is no expected negative impact from the designation as PLI.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Yes. The designation of PLI is consistent with the growth policy, will advance the PROST
plan, and provide for development of recreation within the community. There has been
considerable residential development in the NW area of the community. The future park will
provide services in near proximity.
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE
OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT
AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT
BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING
MEMBERS OF THE CITY COMMISSION.
APPENDIX A – DETAILED PROJECT DESCRIPTION AND
BACKGROUND
The Bozeman voters passed a bond for purchase of parks in 2013. The property under review
was purchased with bond proceeds in 2014. It now must be annexed and zoned in preparation for
the development of the park. A master plan for the park is being developed at this time. The
design is not yet complete. The primary focus of this park will be a variety of field sports.
The Site is bounded by arterial streets on three sides. Right of way for those streets will be
provided after annexation to the City. The zone map amendment will designate the site as Public
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Lands and Institutions. This district allows parks and is appropriate for such a large area to be so
designated.
APPENDIX B – NOTICING AND PUBLIC COMMENT
Noticing for this application included legal ad publication, posting on-site, and mailing to
owners of land within 200 feet of the site. Notice was provided at least 15 and not more than
45 days prior to the City Commission public hearing and the Zoning Commission hearing.
No comments have been received as of the writing of this report. No public comment was
received prior to or at the public hearing.
APPENDIX C – PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation:
The property is designated as “Residential” in the Bozeman Community Plan. The Plan
indicates that:
“This designates places where the primary activity is urban density dwellings. Other uses
which complement residences are also acceptable such as parks, low intensity home based
occupations, fire stations, churches, and schools. High density residential areas should be
established in close proximity to commercial centers to facilitate the provision of services
and employment opportunities to persons without requiring the use of an automobile.
Implementation of this category by residential zoning should provide for and coordinate
intensive residential uses in proximity to commercial centers. The residential designation
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 between 6 and 32
dwellings per net acre. A higher density may be considered in some locations and
circumstances. A variety of housing types can be blended to achieve the desired density.
Large areas of single type housing are 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 category. All residential
housing should be arranged with consideration of compatibility with adjacent development,
natural constraints such as watercourses or steep slopes, and in a fashion which advances the
overall goals of the Bozeman growth policy. The residential designation is intended to
provide the primary locations for additional housing within the planning area.”
Proposed Zoning Designation and Land Uses:
The applicant has requested zoning of “Public Lands and Institutions” (PLI District) in
association with the annexation of the property. The intent of the XX District is: “The intent
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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.”
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owner/Applicant: City of Bozeman, PO Box 1230, Bozeman MT 59715
Report By: Chris Saunders, Policy and Planning Manager.
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this zone map amendment. Purchase and future development of the park will be funded through
the appropriate budgetary processes.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Application materials
Ordinance 1918 with exhibit
Resolution 4619 with exhibit
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Page 1 of 4
COMMISSION RESOLUTION NO. 4619
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING FOR THE ANNEXATION OF A CERTAIN CONTIGUOUS
TRACT OF LAND, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT.
WHEREAS, the City of Bozeman intends to extend the boundaries of the City of
Bozeman so as to include an area of land containing 80.325 acres, lying south of Baxter Lane and
west of Flanders Mill Road; and
WHEREAS, the City of Bozeman, is the current landowner of record of property
described as Tract 1A1 of Certificate of Survey No. 2554B located in NW ¼ of Section 3,
Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana; and
WHEREAS, The City must annex adjacent street right of way per Section 76-2-4211,
MCA and there is .456 acres of right of way for Baxter Lane adjacent to the tract; 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 July 27,
2015; and
WHEREAS, a public meeting on said annexation petition was duly noticed and held on
July 27, 2015; and
WHEREAS, the City did not receive any written protest from the real property owners
of the area to be annexed; and
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WHEREAS, the provision of services, including, but not limited to, streets, rights-of-
way, easements, water rights or cash in lieu, and water and sewer hookup fees, to said contiguous
tract as described is the subject of an extension of services plan; and
WHEREAS, All required items of concern have been addressed and the necessary
documentation provided; 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/owners thereof.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, that:
Section 1
That it is hereby declared that, pursuant to Title 7, Chapter 2, Part 46, Mont. Codes Ann.,
the following-described property, which is contiguous to the municipal boundaries of the City of
Bozeman, be annexed to the City of Bozeman and that the boundaries of said City shall be
extended so as to embrace and include such 80.325 acres, to wit:
LEGAL DESCRIPTION OF PRIMARY ANNEXATION TRACT
A tract of land, said tract being Tract 1A1 of Certificate of Survey No. 2554B, located in the
Northwest Quarter of Section 3, in Township 2 South, Range 5 East, Principal Meridian
Montana, Gallatin County, Montana and said tract being further described as follows:
Beginning at the northwest corner of said Section 3, also being the northwest corner of Tract
1A1 of Certificate of Survey No. 2554B; thence North 89°52’38” East, on the north line of said
section, a distance of 1323.93 feet; thence South 01°11’33” West, on the east line of said tract, a
distance of 2633.96 feet; thence North 89°50’13” West, on the south line of said tract, a distance of 1321.67 feet; thence North 01°08’46” East, on the west line of Section 3, a distance of
2627.32 feet to the Point of Beginning.
The described tract has an area of 79.869 Acres. The described tract is as shown on the
accompanying exhibit and is along with and subject to any existing easements.
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LEGAL DESCRIPTION OF ADJACENT BAXTER LANE R/W
A tract of land, said tract being located in the Southwest Quarter of Section 34, in Township 1
South, Range 5 East, Principal Meridian Montana, Gallatin County, Montana and said tract being further described as follows:
Beginning at the southwest corner of said Section 34, also being the northwest corner of Tract
1A1 of Certificate of Survey No. 2554B; thence North 00°26’16” East, on the west line of said
section, a distance of 30.00 feet, to the intersection of said section line and the westerly extension of the north Baxter Lane right-of-way; thence North 89°52’38” East, on the north line of said
right-of-way, a distance of 660.83 feet, to the intersection of said line and the westerly line of
Plat of Baxter Meadows Subdivision, Phase 3A; thence South 07°00’07” East, on said westerly
line, a distance of 30.22 feet, to the intersection of said line and the south line of said Section 34;
thence South 89°52’38” West, on the south line of said section, a distance of 664.74 feet to the Point of Beginning.
The described tract has an area of 0.456 acres, more or less. The described tract is shown on the
accompanying exhibit and is along with and subject to any existing easements.
Section 2
The effective date of this annexation is July 27, 2015.
Section 3
The annexation of the above-described tract is subject to the provision of services
agreement prepared for this annexation and all terms of the Bozeman Municipal Code.
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PASSED AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 27th day of July, 2015.
_________________________________
JEFFREY K. KRAUSS
Mayor ATTEST:
_________________________________ STACY ULMEN City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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ENGINEERING CONSULTANTS
THOMAS, DEAN & HOSKINS, INC.
TRACT 1A1 OF COS NO. 2554B, LOCATED IN THE NW 1/4 OF SECTION 3, T2S, R5E,
ALSO INCLUDING ADJACENT BAXTER LANE R/W LOCATED IN THE SW 1/4 OF SECTION 34, T1S, R5E,PRINCIPAL MERIDIAN MONTANA, GALLATIN COUNTY, MONTANA
SPORTS COMPLEX ANNEXATION
TO BOZEMAN, MONTANA
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Page 1 of 5
ORDINANCE NO. 1918
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY
DESIGNATE 80.325 ACRES TO PLI (PUBLIC LANDS AND INSTITUTIONS)
LOCATED SOUTH OF BAXTER LANES AND WEST OF FLANDERS MILL ROAD.
WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map
pursuant to Sections 76-2-301 and 76-2-302, Mont. Code Ann.; and
WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps
if a public hearing is held and official notice is provided; and
WHEREAS, Section 76-2-307, Mont. Code Ann.; states that the Zoning Commission
must conduct a public hearing and submit a report to the City Commission for all zoning map
amendment requests; and
WHEREAS, the City of Bozeman Zoning Commission has been created by Section
2.05.2700, BMC as provided for in Section 76-2-307, Mont. Code Ann.; and
WHEREAS, Chapter 38, Article 37 of the Bozeman Unified Development Code sets
forth the procedures and review criteria for zoning map amendments; and
WHEREAS, the proposed zone map amendment to amend the City of Bozeman Zone
Map to establish an initial zoning classification of PLI (Public Lands and Institutions), has been
properly submitted, reviewed and advertised; and
WHEREAS, the Bozeman Zoning Commission held a public hearing on July 7, 2015, to
receive and review all written and oral testimony on the request for a zone map amendment; and
WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City
Commission that the zone map amendment be approved as requested by the applicant subject to
contingencies necessary to complete adoption by ordinance; and
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Ordinance No. 1918, The Sports Complex Annexation Zone Map Amendment
Page 2 of 5
WHEREAS, after proper notice, the City Commission held its public hearing on July 27,
2015, to receive and review all written and oral testimony on the request for a zone map
amendment; and
WHEREAS, the City Commission has reviewed and considered the zone map
amendment criteria established in Section 76-2-304, Mont. Code Ann., and found that the
proposed zone map amendment would be in compliance with the criteria.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That the zoning district designation of the following-described property is hereby designated as
"PLI" (Public Lands and Institutions District):
LEGAL DESCRIPTION OF PRIMARY ANNEXATION TRACT
A tract of land, said tract being Tract 1A1 of Certificate of Survey No. 2554B, located in the
Northwest Quarter of Section 3, in Township 2 South, Range 5 East, Principal Meridian
Montana, Gallatin County, Montana and said tract being further described as follows:
Beginning at the northwest corner of said Section 3, also being the northwest corner of Tract
1A1 of Certificate of Survey No. 2554B; thence North 89°52’38” East, on the north line of said
section, a distance of 1323.93 feet; thence South 01°11’33” West, on the east line of said tract, a
distance of 2633.96 feet; thence North 89°50’13” West, on the south line of said tract, a distance
of 1321.67 feet; thence North 01°08’46” East, on the west line of Section 3, a distance of
2627.32 feet to the Point of Beginning.
The described tract has an area of 79.869 Acres. The described tract is as shown on the
accompanying exhibit and is along with and subject to any existing easements.
LEGAL DESCRIPTION OF ADJACENT BAXTER LANE R/W
A tract of land, said tract being located in the Southwest Quarter of Section 34, in Township 1
South, Range 5 East, Principal Meridian Montana, Gallatin County, Montana and said tract being
further described as follows:
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Ordinance No. 1918, The Sports Complex Annexation Zone Map Amendment
Page 3 of 5
Beginning at the southwest corner of said Section 34, also being the northwest corner of Tract
1A1 of Certificate of Survey No. 2554B; thence North 00°26’16” East, on the west line of said
section, a distance of 30.00 feet, to the intersection of said section line and the westerly extension
of the north Baxter Lane right-of-way; thence North 89°52’38” East, on the north line of said
right-of-way, a distance of 660.83 feet, to the intersection of said line and the westerly line of
Plat of Baxter Meadows Subdivision, Phase 3A; thence South 07°00’07” East, on said westerly
line, a distance of 30.22 feet, to the intersection of said line and the south line of said Section 34;
thence South 89°52’38” West, on the south line of said section, a distance of 664.74 feet to the
Point of Beginning.
The described tract has an area of 0.456 acres, more or less. The described tract is shown on the
accompanying exhibit and is along with and subject to any existing easements.
Section 2
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances
of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full
force and effect.
Section 3
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 4
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
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Ordinance No. 1918, The Sports Complex Annexation Zone Map Amendment
Page 4 of 5
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 5
Codification.
This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a
disposition list in numerical order with all other ordinances of the City and shall be organized in
a category entitled “Zone Map Amendments.”
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 27th day of July 2015.
____________________________________
JEFFREY K. KRAUSS
Mayor
ATTEST: ____________________________________
STACY ULMEN, CMC
City Clerk
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Ordinance No. 1918, The Sports Complex Annexation Zone Map Amendment
Page 5 of 5
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the _____day
of August 2015. The effective date of this ordinance is September ______, 2015.
_________________________________
JEFFREY K. KRAUSS
Mayor
ATTEST:
_________________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
_________________________________ GREG SULLIVAN City Attorney
151
ENGINEERING CONSULTANTS
THOMAS, DEAN & HOSKINS, INC.
SPORTS COMPLEX ZONE MAP AMENDMENT
BOZEMAN, MONTANA
TRACT 1A1 OF COS NO. 2554B
LOCATED IN THE NW 1/4 OF SEC. 3, T2S, R5E, P.M.M.
GALLATIN COUNTY, MONTANA
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Application Response – City of Bozeman Sports Park Annexation and Zone Map Amendment
Zone Map Amendment Criteria a. Is the new zoning designed in accordance with the growth policy? How?
Yes. The Bozeman Community Plan, Table C-16 shows that a Public Lands and
Institutions (PLI) designation is an implementing zoning in all future land use
designations. The property is designated as Residential on Figure 3-1. Therefore, the PLI
request conforms to the future land use map. The application will facilitate the provision
of recreation services as described in Chapter 10 and public services as described in
Chapter 12.
b. Will the new zoning secure safety from fire and other dangers? How?
Yes, the PLI district establishes standards for development. Development within the PLI
district will conform to the development standards of the municipal code. The property is
located within the service area for Fire Station 3 and the patrol area of the Bozeman
Police Department.
c. Will the new zoning promote public health, public safety and general welfare? How?
Yes, the new zoning will facilitate the development of the park. The use of the
park encourages physical activity, preservation of open areas for access to light
and air, provides location for recreational activities, and supports quality of life
in the community.
d. Will the new zoning facilitate the adequate provision of transportation, water, sewerage,
schools, parks, and other public requirements? How?
Neutral. The designation itself will not provide for public infrastructure. However,
development of the site will require extension of roads, sewers, water lines, etc. The
property itself is designated as a park. The property owner intends to dedicate right of
way for all the perimeter streets after annexation. See discussion under f below.
e. Will the new zoning provide reasonable provision of adequate light and air? How?
Yes, the proposed use of the property is as a park which will provide substantial access to
light and air. The PLI district requires minimum yards to match those of adjacent
property. Therefore, there will be a minimum of open space provided.
f. Will the new zoning have an effect on motorize and non-motorized transportation systems?
How?
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Application Response – City of Bozeman Sports Park Annexation and Zone Map Amendment
Yes, the designation of the property as PLI will facilitate the development of the Bozeman
Sports Park. The City has agreed to dedicate right of way for Baxter Lane, Cottonwood
Road, Oak Street, and Flanders Mill Road as part of the park development. Street
extensions will also be provided with the park development. The proposed street cross
sections include motor vehicle, bicycle, and pedestrian facilities. The park will be a
substantial attraction and being adjacent to multiple arterial streets will enable access
with less impact on local streets. Completion of the required streets will significantly
advance the completion of the arterial grid in NW Bozeman.
g. Does the new zoning promote compatible urban growth? How?
Yes, designation of the site as PLI will support development of an urban scale park which
will be able to support a wide range of intensive recreational uses. The development of
adjacent streets as discussed in Criterion F will support completion of the arterial system
that supports development of the City. Parks are compatible with the planned residential
and institutional uses in the area.
h. Does the new zoning promote the character of the district? How?
Yes, the adjacent areas are developing as residential uses and other public institutions
such as schools. The PLI district is compatible with both uses. The present character of
the land is as open agricultural use. The development as a park will largely retain the
open character of the property. Presence of parks supports adjacent residential
development.
i. Does the new zoning address the affected area’s peculiar suitability for particular uses? How?
Neutral. The property has few restrictions on its use due to the characteristics of the land
itself. It is generally level with mild grade changes an d little natural vegetation after
being farmed for many decades. The proximity to the City and being bounded by three
arterial streets does facilitate its use as a high intensity public park. The PLI district lists
parks as a principal use. The development as a park within the PLI district will not
restrict use of adjacent lands.
j. Was the new zoning adopted with a view to conserving the values of buildings? How?
Neutral, there are no buildings on the area to be zoned. There are only adjacent
buildings on two residential parcels to the north. The PLI district is requested in order to
develop a park which are found to be neutral or positive on their effects on building
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Application Response – City of Bozeman Sports Park Annexation and Zone Map Amendment
value. Development of the site will improve access to municipal services which should
increase value on adjacent parcels.
k. Does the new zoning encourage the most appropriate use of land throughout the jurisdictional
area?
Neutral. The property is planned for residential purposes. Parks and PLI zoning are
allowed uses and implementing zoning districts for the Residential future land use
designations.
Annexation Criteria - Resolution 3907
1. The following questions pertain to the goals adopted by the City Commission in Commission
Resolution No. 3907.
a. Is the property contiguous to the City of Bozeman? Yes, to the east and north.
b. Is the property wholly surrounded by the City of Bozeman? No.
c. Is the property currently contracting with the City for municipal services such as water,
sanitary sewer and or fire protection? No.
a. If so, which City services are currently being contracted for? Not applicable.
d. Does the property lie with the service boundary of the existing sewer system as
depicted in the City’s growth policy? Yes.
2. The following questions pertain to the policies adopted by the City Commission in
Commission Resolution No. 3907.
a. Is/Are the property owner(s) willing to dedicate needed easements and/or right-of-way
for collector and arterial streets?
Yes. Upon annexation the applicant will execute a subdivision exemption to create and
dedicate right-of-way for Oak Street, Cottonwood Road, Baxter Lane, and Flanders Mill
Road in the dimensions required by the City.
b. Is/Are the property owners(s) willing to sign waivers of right to protest the creation of
future Special Improvement Districts to provide the essential services for future
development of the City? Yes.
c. Is/Are 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?
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Application Response – City of Bozeman Sports Park Annexation and Zone Map Amendment
Water rights have been obtained with purchase and transferred to the City. Additional
rights will be obtained if needed.
d. 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. The application conforms to the growth policy. No amendment is
needed.
a. If a growth policy amendment is necessary, is it included with this application?
Not applicable.
e. 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 applicant has
requested a designation of Public Lands and Institutions.
f. Do unpaved county roads comprise the most commonly used route to gain access to the
property? No.
g. If it is found that adequate services cannot be provided to ensure public health, safety
and welfare, has the property owners(s) provided a written plan for the accommodation of
these services?
Yes. The City of Bozeman recently partnered with private development to place a sewer
main in the future Cottonwood Road right of way adjacent to this parcel. Services can be
readily extended. Water services are in near proximity and can be readily extended.
Streets exist on the east and north edges. Applicant will provide additional right of way
for streets on all sides as required. Applicant will participate in construction of streets on
an equitable basis as identified by the City during the development review process. The
property lies within the existing emergency services response area for the City.
h. 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, applicant will
comply with Chapter 3.24 as applicable at time of development.
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Application Response – City of Bozeman Sports Park Annexation and Zone Map Amendment
3. If the property is currently in agricultural use please identify current crops/conditions. The
property is presently leased for small grain production. Lease will terminate at the end of the
year.
4. Number of residential units existing on the property? None.
5. Number and type of commercial structures on the property? None.
6. Estimate of existing population of the property? None.
7. Assessed value of the property? 2014 assessed value was $47,232 per Gallatin County. 2014
taxes paid was $563.95. Owner is exempt from property taxes but will participate in special
districts and assessments.
8. Existing on site facilities and utilities (gas, power, telephone, cable, septic systems, wells, etc.)
Electric service is provided to the property to support agricultural irrigation equipment. An
irrigation pipeline crosses the property north to south in roughly the center of the parcel.
9. Any additional information that will be helpful in the City’s review of the application. The
City of Bozeman purchased this property in 2014 for use as a park.
164
ENGINEERING CONSULTANTS
THOMAS, DEAN & HOSKINS, INC.
TRACT 1A1 OF COS NO. 2554B, LOCATED IN THE NW 1/4 OF SECTION 3, T2S, R5E,
ALSO INCLUDING ADJACENT BAXTER LANE R/W LOCATED IN THE SW 1/4 OF SECTION 34, T1S, R5E,PRINCIPAL MERIDIAN MONTANA, GALLATIN COUNTY, MONTANA
SPORTS COMPLEX ANNEXATION
TO BOZEMAN, MONTANA
165
ENGINEERING CONSULTANTS
THOMAS, DEAN & HOSKINS, INC.
SPORTS COMPLEX ZONE MAP AMENDMENT
BOZEMAN, MONTANA
TRACT 1A1 OF COS NO. 2554B
LOCATED IN THE NW 1/4 OF SEC. 3, T2S, R5E, P.M.M.
GALLATIN COUNTY, MONTANA
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SHEETDESIGNED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:15015 X1MONTANA
WASHINGTON
IDAHO
GREAT FALLS-BOZEMAN-KALISPELL
BY DATE
DESCR
LEWISTON
SPOKANE
REVISIONS
Engineering BY DATE
DESCR
BY DATE
DESCR
SPORTS COMPLEX ANNEXATION & ZONE MAP AMENDMENT
BOZEMAN, MONTANA
VICINITY MAP B15-0153/27/15169/69.DWG2 of 2CB167
SURVEYED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:ENGINEERING CONSULTANTSTHOMAS, DEAN & HOSKINS, INC.168
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EXHIBIT ___
SPORTS COMPLEX ZONE MAP AMENDMENT TO BOZEMAN, MONTANA
LEGAL DESCRIPTION OF PRIMARY ANNEXATION TRACT
A tract of land, said tract being Tract 1A1 of Certificate of Survey No. 2554B, located in the
Northwest Quarter of Section 3, in Township 2 South, Range 5 East, Principal Meridian
Montana, Gallatin County, Montana and said tract being further described as follows: Beginning at the northwest corner of said Section 3, also being the northwest corner of Tract
1A1 of Certificate of Survey No. 2554B; thence North 89°52’38” East, on the north line of said
section, a distance of 1323.93 feet; thence South 01°11’33” West, on the east line of said tract, a
distance of 2633.96 feet; thence North 89°50’13” West, on the south line of said tract, a distance of 1321.67 feet; thence North 01°08’46” East, on the west line of Section 3, a distance of 2627.32 feet to the Point of Beginning.
The described tract has an area of 79.869 Acres. The described tract is as shown on the
accompanying exhibit and is along with and subject to any existing easements.
LEGAL DESCRIPTION OF ADJACENT BAXTER LANE R/W
A tract of land, said tract being located in the Southwest Quarter of Section 34, in Township 1 South, Range 5 East, Principal Meridian Montana, Gallatin County, Montana and said tract being further described as follows:
Beginning at the southwest corner of said Section 34, also being the northwest corner of Tract
1A1 of Certificate of Survey No. 2554B; thence North 00°26’16” East, on the west line of said section, a distance of 30.00 feet, to the intersection of said section line and the westerly extension of the north Baxter Lane right-of-way; thence North 89°52’38” East, on the north line of said
right-of-way, a distance of 660.83 feet, to the intersection of said line and the westerly line of
Plat of Baxter Meadows Subdivision, Phase 3A; thence South 07°00’07” East, on said westerly
line, a distance of 30.22 feet, to the intersection of said line and the south line of said Section 34; thence South 89°52’38” West, on the south line of said section, a distance of 664.74 feet to the Point of Beginning.
The described tract has an area of 0.456 acres, more or less. The described tract is shown on the
accompanying exhibit and is along with and subject to any existing easements.
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Page 1 of 15
PROVISION OF SERVICES PLAN FOR BOZEMAN
SPORTS PARK ANNEXATION APPLICATION 15-251
JULY 27, 2015
TABLE OF CONTENTS
CHAPTER 1 – INTRODUCTION ................................................................................................. 2
CHAPTER 2 – STATUTORY REQUIREMENTS ........................................................................ 3
CHAPTER 3 – RELATIONSHIP TO THE BOZEMAN GROWTH POLICY ............................. 4
CHAPTER 4 – POTENTIAL UTILITY SERVICE AREA ........................................................... 5
CHAPTER 5 – EXTENSION OF CITY SERVICES .................................................................... 7
FIGURE 1 – AREA OF ANNEXATION ..................................................................................... 15
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Page 2 of 15
CHAPTER 1 – INTRODUCTION
Cities expand their geographical boundaries through annexation. The State of Montana has
provided seven different parts of state statute which may be used for the processing of an annexation. However, a common theme is the need to provide a written means of identifying what municipal services will be provided and how those services will be paid for. A list of
subjects which must be addressed is presented in Section 7-2-4732, MCA.
Bozeman meets the definition of a first class city as established by the State of Montana. First
class cities have the option during annexation of either using a negotiated agreement or preparing a provision of services plan to address the statutory requirement of identifying how services will be provided. See Section 7-2-4610, MCA. A negotiated agreement is the primary means used by
the City of Bozeman for addressing provision of service responsibilities. However, under some
circumstance an Extension of Services Plan is the best option to use. This Extension of Services
Plan serves to document the extension and provision of City services and utilities to an area proposed for annexation where a negotiated agreement is not a viable option.
The City of Bozeman regularly undertakes the task of planning for the future of its utility,
transportation, and other municipal systems for existing service customers as well as areas for
future expansion. Updates to some of those plans are currently underway. The goal of these
planning efforts is to define the condition of the existing infrastructure, describe improvements necessary to provide services, protect water resources, accommodate growth, evaluate growth trends and estimate future population and employment. The outcome will be documents which
describe where the City can reasonably provide these services and what facilities are required.
The establishment of the potential utility service area is critical in the preparation of both the
various facility plans and the Bozeman growth policy which examines land use issues.
The facilities plans provide the background engineering study and analysis to determine capacity and capabilities of the City of Bozeman to grow its provision of urban services. Based on these
plans the City prepares a capital improvements plan for the recommended improvements. The
location of the potential utilities service boundary is established by considering available
undeveloped and underdeveloped lands in the context of existing public services and the logical extension of these services into land with additional development potential. In addition, past community growth trends, as well as existing community growth stimulants and deterrents, were
taken into consideration when determining this boundary.
This extension of services plan is for annexation application 15-251, Bozeman Sports Park. The
area to be annexed is Tract 1A1 of Certificate of Survey No. 2554B, located in the Northwest Quarter of Section 3, in Township 2 South, Range 5 East, Principal Meridian Montana, Gallatin County, Montana and adjacent existing public right of way for Baxter Lane. Collectively, these
two areas are 80.325 acres in size.
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Page 3 of 15
CHAPTER 2 – STATUTORY REQUIREMENTS
Title 7, Chapter 2 of the Montana Code Annotated; Parts 42 through 47 outlines the processes
and the requirements for the provision of services to areas to be annexed to the City. This plan meets the statutory criteria outlined in these parts. Section 7-2-4732, MCA sets forth the subjects that a plan for extension of services must address.
As required under the statutes, when or if it becomes necessary to extend streets, water, sewer, or
other municipal services into an area to be annexed, the plan must show how public services and
utilities will be provided to the newly annexed area. The services and utilizes must be provided on a substantially equal basis and manner as other areas already within the municipality. If new streets or utilities are to be extended to an area to be annexed, the plan is required to outline
when the new infrastructure will be constructed and how it will be financed. If the area to be
annexed is already served by adequate water, sewer and streets, and no capital improvements are
necessary, the municipality must provide a plan of how it will provide other services (primarily police protection and fire protection), as well as continued utility service.
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CHAPTER 3 – RELATIONSHIP TO THE BOZEMAN GROWTH POLICY
This provision of services plan incorporates by reference the Bozeman Community Plan which
was adopted by the Bozeman City Commission in June 2009 by Resolution 4163. The adoption and implementation of this plan will assist the City of Bozeman in working towards achieving some of the goals and objectives outlined in the growth policy.
The following is a non-exhaustive summary of Bozeman Community Plan goals, objectives, and
implementation policies to which this Extension of Services Plan bears a direct relationship.
Goal G-2: Implementation – Ensure that all regulatory and non-regulatory implementation actions undertaken by the City to achieve the goals and objectives of this plan are effective, fair, and are reviewed for consistency with this plan on a regular basis.
Rationale: This plan provides overarching policy direction for all City actions. Therefore, all
actions taken to implement this plan must be reviewed to ensure compliance.
Objective G-2.2: Ensure that the City’s annexation policy is in conformance with the goals of
this plan.
Implementation Actions: 70) Provide for pedestrian and bicycle networks, and related improvements such as bridges and crosswalks, to connect employment centers; public spaces and services, such as parks, schools, libraries; and other destinations.
73) Maintain the function of the City’s major street network, while continuing to develop an
inter-connected street system supportive of multiple modes of travel in the urbanizing area.
78) Work with public and private agencies to ensure that adequate services are provided throughout the community and that no areas of the community are neglected.
3.4 Land Use Category Descriptions
Residential. This category designates places where the primary activity is urban density dwellings. Other uses which complement residences are also acceptable such as parks, low
intensity home based occupations, fire stations, churches, and schools. High density residential
areas should be established in close proximity to commercial centers to facilitate the provision of
services and employment opportunities to persons without requiring the use of an automobile. Implementation of this category by residential zoning should provide for and coordinate intensive residential uses in proximity to commercial centers. The residential designation
indicates that it is expected that development will occur within municipal boundaries, which may
require annexation prior to development. (Emphasis added)
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CHAPTER 4 – POTENTIAL UTILITY SERVICE AREA
The potential utility service area is a projected urban services area where it is anticipated that
municipal services can be extended over a period of the next 20 years. The boundaries of the potential utility service area are projected based on prevailing and anticipated growth trends, with consideration given to growth stimulants as well as growth deterrents or impediments.
Population and economic trends that affect community growth or decline are critical factors that
have been considered in order to determine the potential service areas. The service areas are
generally mapped through the development of each individual facility plan. The service areas of individual utilities do not always completely coincide with other utilities. Adjustments to the plans may be made when it can be shown that development may occur which does not negatively
impact other development within the planned areas.
Prevailing Growth Patterns
The prevailing growth pattern in the Bozeman area is for annexation and development to go first to those areas where water, and especially sewer services, are most easily provided. This has
caused development to move to the north and northwestern areas adjacent to the City where
sewer main extensions are shortest and have the fewest possible obstacles. Additional growth has
occurred within infill areas within the general boundary of the City where redevelopment has occurred at higher intensities or where remaining vacant parcels have been brought into development. Recent extension of sewer mains south of Huffine Lane and West of S. 19th
Avenue will facilitate an increased development of the southwest portion of the community.
Bozeman Potential Utility Service Area
The potential service area for each utility is depicted in the individual facility plans and the plans and figures for each are incorporated by this reference. The location of the proposed annexation
is within the utility service area for all municipal services.
Projected Growth Area
It is recognized that there are no overwhelming physical barriers that would impede the physical growth of the city during the next 1-20 years. The East Gallatin River will limit logical City
expansion north of the river until significant sewer improvements are made to reach the sewer
treatment plant. This barrier can be overcome with current technology. However, there are
sufficient additional areas available for development that it is unlikely that the effort and expense to cross the river would be justified.
A private water and sewer provider, Riverside, currently gives service north of the river along
Springhill Road. Regulatory limits may require Riverside to consider connecting to City services.
However, this is not relevant to the present application. Existing low density rural development
on private septic systems and wells to the south and east may limit logical expansion in that direction. However, significant undeveloped areas also lie within these rural areas which could be developed at urban densities. The availability of City utilities and vacant developable land
will presumably steer the future urban growth of the City of Bozeman. The area expected to
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develop at urban densities over the next 20 years is depicted on Figure 3-1 of the Bozeman
Community Plan. The growth policy must be reviewed, and if necessary updated, not less than every five years. It was reviewed and found adequate to continued municipal needs at this time.
An update to the plan is expected to be budgeted to occur in 2017. The area of the Bozeman
Sports Park annexation currently has access to services.
The expected urban growth area for Bozeman is depicted on Figure 3-1 of the Bozeman
Community Plan. This figure represents the conjunction of the individual service boundaries contained in the individual facility plans with the City’s land use policy which encourages
compact urban development with incremental and logical extensions of urban services. For all
areas lying outside of the Present Rural and Residential Suburban land use designations shown
on Figure 3-1 it is considered to be desirable that annexation and utilization of urban services
occur prior to or concurrent with development. Development within the Residential Suburban and Future Urban land use designations may be also appropriate for development after
annexation but it is generally expected that either distance to services, topography, character of
existing development, or similar constraints will generally limit the immediate development
potential of these areas. The City’s policy relating to annexation and development is described in
Chapter 3, Land Use, of the growth policy. The City has adopted Resolution 3907 adopting a formal annexation policy. The property under consideration for annexation lies within the
expected long term growth area of the City. The annexation of the property complies with the
adopted annexation policy.
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CHAPTER 5 – EXTENSION OF CITY SERVICES
In order to achieve compact, orderly and efficient urban growth as envisioned by the Bozeman
Community Plan, plans for the extension of municipal services into growth areas must be developed and implemented. It is necessary to identify the services available and a plan to physically provide those services within a defined service area. It is also essential to identify both
the party responsible for service extension and a method of financing the extension.
Concurrent with reviewing the above information to determine the potential utility service area is
the need to assess the City’s existing utilities, services and infrastructure. Each of these services is the subject of facility or service plans which evaluate the existing conditions, examine expected growth and future demand, and identify what likely improvements are needed to meet
those future demands. In the case of this extension of services plan only those improvements
needed to service the annexing area have been considered.
A number of studies have been done throughout the country to determine the effects of various types of development on a municipality's expenses. These studies have consistently shown that the net public costs resulting from low-density sprawl development are higher than those
resulting from higher density development of the same type. In simple terms, it costs more to
extend sewer and water service, to provide police and fire protection, to fund road repair and
maintenance, to develop and maintain park and recreation facilities, and to provide refuse collection service when development is spread out than when they are proximate to existing services and facilities. Therefore, the compact and efficient development pattern envisioned in
the City’s planning documents and regulatory standards will act to reduce capital costs for
extensions as well as on-going operational costs for City services.
The services which are considered necessary for development in the future growth areas of the City are streets, sanitary sewer, storm sewer, water, parks and recreation, library, police protection, fire protection, general government services, and solid waste collection.
EXPECTED DEVELOPMENT IN THE NEXT FIVE YEARS
The annexing property will remain in the City’s ownership. The property was purchased with bond funds for use as a park. The City has limited ability to transfer that to any other user or use. The City is undertaking the master planning process for development of the park at this time.
The expectation is that development of the site will begin no later than calendar year 2016.
STREETS
The transportation network within and around a community plays a significant role in its physical development and growth. This network of streets, roads and highways should be
coordinated to form a system that not only provides efficient internal circulation, but one that
also facilitates pass through traffic. The City of Bozeman has adopted the Greater Bozeman Area
Transportation Plan 2007 Update (LRTP) to provide analysis and planning for the street system. Streets serve two basic functions, moving people and goods and providing access to abutting lands. Therefore, each street is classified and designed for the specific function or combination of
functions that it is to serve. This functional classification system forms the basis for planning,
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designing, constructing, maintaining and operating the street system. Street classification can
also be used as an equitable and practical method of allocating responsibility for street and road construction expenditures. For these reasons urban streets are generally designed and developed
in a hierarchy comprised of the following types which is described in more detail in the LRTP:
Major Arterials
A major road or highway with moderate to high speeds and high traffic volumes. Major arterials provide access to the regional transportation network, and move traffic across the county and
between cities and communities. Access to abutting lands is limited.
Minor Arterials
A major road with moderate speeds designed to collect or move traffic from one major part of the community to another or to move traffic to and from the major arterial system.
Collectors
A secondary or intermediate street with moderate speeds and low to moderate volumes. Such
streets would collect local traffic from neighborhoods and carry it to adjacent neighborhoods or transfer the traffic to the arterial system.
Local
Minor streets are intended to serve individual sites, buildings or lots. Local streets either feed
into collectors or provide destination access off of collectors.
The Transportation Plan is adopted as an integral element of this plan. It illustrates the major
street network on Figure 9-2. This proposed network is based on the transportation plan's travel
demand projections for the year 2020. The LRTP has identified priority projects for the Bozeman
street systems, which, if implemented, will achieve the proposed Major Street Network and
result in a benefit to existing traffic system performance. The proposed improvements will also serve future development needs as urban development expands into the adjacent rural areas
surrounding Bozeman. The plan, in addition to identifying deficiencies and recommending
improvements, also gives cost estimates for the improvements and identifies expected funding
responsibility.
The priority projects identified in the LRTP involve, for the most part, either arterials or collectors, which are typically the primary responsibility of federal, state or local governments
(or a combination thereof) with respect to construction and maintenance. Developer participation
may be required in construction where substantial impacts from new development are identified.
The priority projects in the LRTP are not required in order to receive adequate access to the
annexing property.
The City has agreed that following annexation it will prepare a subdivision exemption to create
public rights-of-way for Cottonwood Road, Baxter Lane, Oak Street, and Flanders Mill Road
within the annexation area. The maintenance and upkeep of all of these roads is the responsibility
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of the City of Bozeman. The property will be subject to street assessments to pay for road
maintenance. Standards for improvements on these roads are contained in the City of Bozeman's Unified Development Ordinance, the City's Design Standards and Specifications Policy and the
City of Bozeman’s Modifications to Montana Public Works Standard Specifications.
The property to be annexed at this time may be accessed from Baxter Lane and Flanders Mill
Road. Additional construction will extend Oak Street and Cottonwood Road. Detailed
engineering studies will be required to determine the necessary road improvements needed by any future individual development proposals, with consideration given to the long range needs of
the area(s) surrounding the development site. Roadway improvements will be funded by the
City. Mechanisms for funding include intergovernmental transfers such as gas taxes, bond funds,
street assessments, impact fees, special improvement districts, cash contributions, and other
tools.
STREET MAINTENANCE
The City of Bozeman plows dedicated streets within the incorporated area, while the Montana
Department of Transportation plows U.S. Highways, Interstate 90, and other state routes through
the city. As annexation occurs the same plowing procedures will be followed. The present equipment is generally considered adequate for the City's snow plowing needs. The incremental
need for additional equipment and personnel should be determined and coordinated as the City
grows. The City utilizes its Capital Improvements Program in conjunction with its annual budget
to address these needs.
The City of Bozeman also levies a Special Street Maintenance Assessment on properties within the city. This assessment provides for the costs of the City street maintenance workers and
support expenses associated with sweeping and flushing streets, leaf removal, snow removal,
surface repairs, and sanding/de-icing services. The assessments for each class of property are set
by the City Commission through a public hearing process each year and are applied to individual
properties according to the schedule set forth in the maintenance assessment resolution.
SANITARY SEWER
A sewerage system is a network of pipes used to collect the liquid wastes of the City for
subsequent treatment. The sewer system is given policy direction and operational authority
through Article 40.03, BMC. Development and use of the sewer system is subject to the requirements of that chapter. The location and capacity of main sewer lines and treatment plants
are a factor in determining both the density and location of development within a community.
Generally, the design of main sewer lines and plant capacity is reflective of anticipated land uses
and population projections of a predetermined "service" area. The Bozeman service boundary is
contained in the Wastewater Facility Plan.
Sewage is primarily collected by a gravity flow system, wherein sewer lines are laid out in a
manner so as to flow continually downhill. Where grades are insufficient to provide gravity
flow, pumping of the sewage becomes necessary. Adding pump stations to the system
correspondingly adds expense and maintenance needs and is generally discouraged, but is
allowed when other alternatives do not exist.
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The City of Bozeman operates a wastewater treatment plant which provides treatment in
accordance with the permits issued by the State of Montana. The plant is located on the northern edge of the City at 255 Moss Bridge Road. The treatment plant is designed to accommodate a flow of approximately 5.1 million gallons per day (mgd) and currently has available capacity to
support new development in Bozeman. The Wastewater Facility Plan updated in 2006 describes
the various improvements needed to continue to expand the plant’s treatment capacity.
The design of new sewage collection systems must meet the current requirements of the Montana Department of Health and Environmental Sciences, the City of Bozeman Modifications to Montana Public Works Standard Specifications, the City of Bozeman Design Standards and
Specification Policy and the policies for extending services established by ordinance and policy
by the City Commission.
Most of the Bozeman service area which is not developed at this time will, upon development, utilize the gravity flow system or existing sewage lift stations. The area under consideration for annexation at this time is immediately adjacent to substantial sewage lines which provide
adequate capacity potential to serve existing uses within the annexing area. The entirety of the
property to be annexed either is the wastewater treatment plant or does not require sewage
services. If additional service is required from the annexed area, detailed engineering studies will be required to determine the best location for future sewer lines and any necessary lift stations based on future individual development proposals, with consideration given to the long range
needs of the area(s) surrounding the development site. The City has partnered with a developer to
construct a large diameter sewer trunk under the future alignment of Cottonwood Road and
under Baxter Lane. The trunk will be able to provide services to the proposed annexation area.
STORM WATER MANAGEMENT
Storm water runoff is the water flowing over the surface of the ground during and as a result of a
rainfall or as a result of a snow melt. The primary goal in the management of storm water runoff
is, through the provision of appropriate facilities, to minimize hazards to life, property, and water quality. This is accomplished by using storm water management systems to collect and carry rain or surface water to a natural water course or body of water in such a way as to prevent
flooding and the resultant damage. Some portions of the City, primarily the older areas, have a
centralized storm water collection system. Most recent developments within the city limits are
unable to tie into existing systems and utilize less complex, on-site means of handling storm water.
As new City streets are constructed, and as existing streets are improved, storm drainage
infrastructure will be installed or improved. Those persons developing property have the
responsibility to convey storm water from their property to an appropriate point of disposal. The
quantity and rate of runoff from a developed piece of property should not exceed that which would occur had the property remained undeveloped. The City has adopted standards for development and maintenance of private and public storm water facilities.
Clean Water Act regulations now require storm water management plans for urban areas with
populations in excess of 10,000. The City worked in partnership with the Montana Department
of Transportation to develop a comprehensive and jointly used storm water management program for the Bozeman Urban Area. This plan has been submitted to the Montana Department
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of Environmental Quality for that agency’s review and approval. A stormwater master plan has
been developed and the City has established a stormwater utility to maintain stormwater functions. The policies and standards it sets forth will be implemented to ensure adequate
stormwater treatment.
WATER
It is the purpose of the City of Bozeman water utility to provide safe, potable and palatable water for the needs of the domestic, institutional, industrial and commercial consumer and to provide adequate pressure and flow to meet fire fighting and irrigation needs. The 20-year service
boundary for the Bozeman water system is shown in the Water Facility Plan, as are the
components and characteristics of the water intake, treatment, and delivery systems. The water
plan was most recently updated in 2005-2006. The water system is governed by Article 40.02, BMC and extension of service must comply with the policies contained in that chapter.
The Water Facility Plan is developed to guide the extension of water mains into areas of growth
as and when development occurs. The plan is based on the objective of providing adequate
water flow to meet household, commercial, industrial and irrigation demands, while meeting fire
protection needs as well. The distribution system must be able to deliver water in sufficient quantity to all residents at all times. Ideally, a water distribution system is of a grid layout with
supply and storage facilities strategically located to equalize pressure during periods of heavy
demand. Dead-end lines should be avoided to eliminate stagnant water and to reduce the number
of customers who would be out of water during periods of line repair. The Water Treatment
Plant located at the mouth of Sourdough Canyon provides approximately two-thirds of the City’s supply and the Lyman Creek facility the remaining one-third. The peak supply capacity of the
two plants is approximately 15 mgd.
The provision of water for fire fighting purposes is as important as the requirements required for
domestic and commercial uses, and must be considered when evaluating transmission, storage
and distribution facilities. Structure size and type to a large degree determine fire flow requirements.
Municipal water mains will reach most of the property to be annexed when constructed under the
adjacent streets. Service is therefore immediately available. Detailed engineering studies are
required to determine the best location for any extensions of mains to service additional areas
based on individual development proposals, with consideration given to the long range needs of the area(s) surrounding the development site. Funding for extensions of water service mains from
the existing trunk lines will be the responsibility of the benefiting parties. The City does have an
existing water impact fee program which provides a revenue stream to fund installation of
capacity expanding system improvements, as defined in Chapter 3.24 BMC. Impact fees and
water utility rate funds may also partner with individual development funds to extend major facilities when needed.
The City of Bozeman requires provision of water rights or cash-in-lieu of water rights at time of
annexation. This may be deferred to time of development under defined conditions. A site plan
will be required for development of the Sports Park so deferral may be approved. The City is
actively pursuing water rights for this site. This will remove obligations to the larger community for this purpose.
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SOLID WASTE MANAGEMENT
The collection of solid refuse is provided within the City by both the municipality itself and by private haulers. Households and businesses within the City are served by both the public utility
and by private haulers. Individuals choose from whom they wish to receive collection service.
Refuse collected within the City limits is transported either to the landfill in Logan.
The City utilizes side-arm loading packer trucks and front loading packer trucks for collection
and transportation of garbage to the landfill. The demand for solid waste collection is directly proportional to the size of the community. Therefore, as the City of Bozeman accepts
annexations, its solid waste service area will increase as well. The area to be annexed will be
used in a manner that will generate demand for solid waste services on an intermittent basis with
periodic larger events.
The extension of this service to newly-annexed areas is subject to the provisions and limitations of 7-2-4736, M.C.A., as follows:
1. A municipality that annexes or incorporates additional area receiving garbage and
solid waste disposal service by a motor carrier authorized by the public service
commission to conduct such service may not provide competitive or similar garbage and
solid waste disposal service to any person or business located in the area for 5 years following annexation, except:
a. Upon a proper showing to the public service commission that the existing carrier
is unable or refuses to provide adequate service to the annexed or incorporated area; or
b. After the expiration of 5 years, if a majority of the residents of the annexed or
incorporated area sign a petition requesting the municipality to provide the service.
2. If a proper showing is made that the existing carrier is unable or refuses to
provide adequate service to the annexed or incorporated area or, after the expiration of 5
years, if a majority of residents sign a petition requesting service from the municipality,
the municipality may provide garbage and solid waste disposal service to the entire
annexed or incorporated area.
3. For the purposes of determining whether an existing motor carrier provides
adequate service, those services provided by the carrier prior to annexation are
considered adequate services.
The City of Bozeman does not restrict other solid waste service providers. The area to be
annexed is owned by the City of Bozeman and will be receiving service from the City. Therefore, this restriction appears to not apply to those areas being annexed. Funding of solid
waste disposal services will continue to be on a utility basis with the beneficiaries of the service
paying established rates. Nonsubscribers do not help fund the service. The majority of material
collected by the Sanitation Department is transported to the Logan Landfill for disposal. The
City actively support recycling of materials to reduce solid waste disposal demand.
FIRE SERVICES
The Bozeman Fire Department responds to a wide variety of situations ranging from residential,
commercial, non-structural fires, fire and sprinkler alarms, hazardous materials incidents, vehicle
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extrications and other technical rescue situations within the City. There are three stations which
are staffed 24 hours a day. Water for fire suppression is available through the City’s water utilities which are connected to standard fire hydrants. The City is actively planning to expand its
service capacity to keep up with increasing demands. A fire facility plan has been prepared and
adopted.
In addition to fire suppression, the department provides fire prevention services, including public
education, code enforcement, and fire investigation. The prevention division is comprised of a fire marshal and fire inspector who work closely with the Bozeman Building division and Public
Works Department to insure that new commercial and residential construction projects meet fire
and life-safety codes. Fire operational services are funded by the general taxes of the
municipality. The City of Bozeman has a fire impact fee program through which all new
development participates in funding additional stations and capacity expanding equipment in proportion to the additional demand being created. This program is administered in conformance
with Article 2.06 BMC.
LAW ENFORCEMENT
The Bozeman Police Department, headquartered in the Law and Justice Center at 615 S. 16th Avenue, has a total staff of 73.25 full time equivalent persons in 2015. There are 65 sworn officers funded, of which 45 are presently assigned to provide 24-hour patrol. Approximately 1/3
of these are specifically assigned to cover the area which will include this annexation.
At any given time the Bozeman Police Department is influenced by a much larger population
than the residents of the City. As both a tourist destination spot and a regional retail, financial, medical and service hub, the City of Bozeman has a nonresident visitor population that varies substantially throughout each 24 hour period. These factors obviously impact the efficiency and
effectiveness of the police force. Other factors that impact the department are the number,
frequency and location of crimes and traffic accidents.
As the City grows both physically and in terms of population, it will be necessary to staff and equip the Police Department accordingly. The City has been adding officers as necessary to maintain a safe city. Bozeman has one of the lowest crime rates in Montana. Funding for
operations of the Police Department is from the general funds of the City.
ADDITIONAL CITY SERVICES
The City of Bozeman also provides a variety of services to its residents such as Library, City Attorney, and other general governmental operations. These services will become immediately
available to the annexed property on the same basis as they are to all other property owners and
residents. Funding for these services is t provided through the general taxing and fee authority of
the City and the annexed properties will participate in the same fashion as is generally applicable in the City.
ELECTRICAL, TELEPHONE, CABLE AND OTHER UTILITY SERVICES
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The City of Bozeman does not at this time provide any of these utilities or similar utilities.
Therefore, no plan for their extension is required. The development of the annexing areas is subject to review under subdivision and zoning authority which may require provision of
easements to facilitate the extension of privately provided utilities. The City can not and does not
make any assurance as to the availability of services outside of its control. There are electrical
services existing to the area to be annexed. Services for all private utilities are provided to
adjacent private development on the north and south.
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FIGURE 1 – AREA OF ANNEXATION
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