HomeMy WebLinkAboutA4. Rev West Babcock AnnexationPage 1 of 20
15270 Staff Report for the 2521 W. Babcock Street 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 is on July 7, 2015.
City Commission is on July 27, 2015
Project Description: Application 15270, requesting annexation of .263 acres with an
associated 0.67 acres of right of way and amendment of the City zoning map for the
establishment of a zoning designation of R-2, Residential Medium Density Two-
Household District.
Project Location: 2521 W. Babcock Street
Recommendation: Approval with terms of annexation and contingencies
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 15270 and move to approve
the 2521 W. Babcock Street Annexation with recommended terms of annexation, and
direct staff to prepare an annexation agreement for signature by the parties.
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 15270 and move to approve
the 2521 W. Babcock Street Zone Map Amendment with contingencies required to
complete the application processing.
Report Date: July 1, 2015
Staff Contact: Chris Saunders, Policy and Planning Manager
Shawn Kohtz, Development Review Engineer
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
Unresolved Issues
The applicant has requested a return of some of the application fees due to the timing of the
adoption of the new application fee schedule. The applicant disagrees with a number of the
terms of annexation . Please see the attached correspondence from Mr. Goldsmith and Craig
Woolard, Public Works Director.
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Project Summary
The property was originally platted in 1959 as part of the Farwestern Subdivision. The
project is at the corner of Western Drive and W. Babcock Street. It is a single tract. There is
one home on the property. The property is part of a an area of unannexed property which is
completely surrounded by the City.
State law requires that the City annex street right of way adjacent to the tract as well as the
tract itself. The area of right of way determined to be adjacent to the tract is larger than the
tract itself. The right of way was established by dedication, deed, and easement.
The property was approved for connection to municipal water and sewer on January 5, 2015
prior to annexation due to a failed on-site septic system. The video recording of the
Commission meeting is available. Agenda item G.1 contains the City Commission’s action.
One of the conditions of connection was to submit and complete annexation of the property.
This application meets that obligation.
The City relies upon the annexation agreement to comply with the requirements of state law
regarding provision of services. The terms of annexation are essential components of the
annexation agreement. The Director of Public Works has agreed to forego some of the
typical mapping since the property can all be described by reference to documents at the
Gallatin County Clerk and Recorders. An exhibit for ease of description and understanding
will be prepared by the City to accompany the annexation agreement and zone map
amendment. Please see attached correspondence. Revised terms of annexation are presented
in Section 2 of this report.
Alternatives
As identified 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 R-2 zoning
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
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 1
UNRESOLVED ISSUES ...................................................................................................................................................... 1
PROJECT SUMMARY ....................................................................................................................................................... 2
ALTERNATIVES ............................................................................................................................................................... 2
ZONING COMMISSION .................................................................................................................................................... 2
SECTION 1 – MAP SERIES .......................................................................................................... 4
SECTION 2- RECOMMENDED TERMS OF ANNEXATION ................................................... 9
SECTION 3- RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT ......... 11
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ............................................ 12
ANNEXATION .............................................................................................................................................................. 12
ZONE MAP AMENDMENT .............................................................................................................................................. 12
SECTION 5 – ANNEXATION STAFF ANALYSIS AND FINDINGS ..................................... 12
SECTION 6 – ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ................ 17
PROTEST NOTICE FOR ZONING AMENDMENTS ............................................................... 19
APPENDIX A – NOTICING AND PUBLIC COMMENT ......................................................... 19
APPENDIX B – PROJECT GROWTH POLICY AND PROPOSED ZONING ......................... 19
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF .................................. 20
FISCAL EFFECTS ....................................................................................................................... 20
ATTACHMENTS ......................................................................................................................... 20
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SECTION 1 – MAP SERIES
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Property viewed from West Babcock Street.
Property viewed from intersection of W. Babcock Street and Western Drive.
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SECTION 2- RECOMMENDED TERMS OF ANNEXATION
The following terms of annexation are recommended to enable the application to comply
with the City’s Annexation Policy and the requirements of state law for the provision of
services. Some items have already been addressed in part. Listing in this section is not to
require a second action but to document that the item was considered and addressed and not
omitted.
Recommended terms of annexation:
1. That the documents and exhibits to formally annex the subject property shall be
identified as the “2521 W. Babcock Annexation”.
2. That the applicant execute at the Gallatin County Clerk & Recorder’s Office in
conjunction with the annexation a waiver of right-to-protest creation of S.I.D.’s for a
City-wide Park Maintenance District which would provide a mechanism for the fair
and equitable assessment of maintenance costs for City parks as part of the
Annexation Agreement.
3. The City will prepare an exhibit for convenient identification of the areas being
annexed. The area to be annexed is Lot 1, Block 2 Farwestern Subdivision; those
portions of right of way for Western Drive parallel to the western lot line of Lot 1,
Bock 2, Farwestern Subdivision and to the northerly boundary of the lot; and all right
of way easements and deeds recorded with the Gallatin County Clerk and Recorder as
documents 2128784, 2160451, 2160453, 2160455, 2160462, and 2170760.
An Annexation Map, titled “2521 W. Babcock Annexation Map” with a legal
description of the property, including all that right of way for West Babcock Street
and the portion of the right of way for Western Drive to the northerly property
boundary of Lot 1, Block 2 Farwestern Subdivision included in right of way
easements and deeds recorded as documents 2128784, 2160451, 2160453, 2160455,
2160462, and 2170760 and shown on the final plat of the Farwestern Subdivision,
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.
4. The land owners and their successors shall pay all fire, street, water and sewer impact
fees for future development, as required by Chapter 2, Bozeman Municipal Code, or
as amended at the time of application for any permit listed therein. At time of
annexation fire impact fees in the amount of $168.76 are due. Water and sewer
impact fees for the existing home were paid prior to the connection of the property to
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municipal systems. Future development or redevelopment of the property may require
additional fee payment.
5. That the applicant executes all contingencies and terms of said Annexation
Agreement with the City of Bozeman within 60 days of the receipt of the annexation
agreement, or annexation approval shall be null and void.
6. The 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.
7. Several Payback Areas apply to this property including the following:
a. W. Babcock Street Improvement (payback amount of $1,119.87)
b. SID 622 water system improvement (payback amount of $0.016/SF X 11,475
SF = $183.60)
c. Main Mall sewer improvement (payback amount of $0.01/SF X 11,475 SF =
$114.75)
The applicant will be required to pay the fees for the Payback Areas. The City
received the payback amounts for items b and c prior to connection of the property to
water and sewer.
8. An emergency services connection was allowed by the Commission, and water and
sewer services were previously connected. The existing on-site treatment system
must be properly abandoned and certification provided that the abandonment
occurred. Any wells presently used for domestic purpose can be retained for irrigation
only with no physical connection to domestic water piping. Provide certification that
there is no physical connection between an on-site well and the domestic water
piping.
9. Cash in lieu of water rights must be paid prior to annexation ($1,404).
10. The applicant shall provide and file with the County Clerk and Recorder's office
executed Waivers of Right to Protest Creation of Special Improvement Districts
(SID’s) for the following:
a. Street improvements including but not limited to paving, curb/gutter and
storm drainage facilities to West Babcock Street
b. Street improvements including but not limited to paving, curb/gutter and
storm drainage facilities to Western Drive
c. Water line improvements on Western Drive
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d. Sewer main improvements on Western Drive
The document filed shall specify that in the event an SID is not utilized for the
completion of these improvements, the Owner agrees to participate in an alternate
financing method for the completion of said improvements on a fair share,
proportionate basis as determined by square footage of property, taxable valuation of
the property, traffic contribution from the development, or a combination thereof.
11. Owner shall provide a public street and utility easement from the property line to 45’
from the centerline of West Babcock Street to accommodate long-term future
widening of West Babcock Street. This easement is consistent with adjacent right-of-
way and easement widths.
SECTION 3- RECOMMENDED CONTINGENCIES OF ZONE MAP
AMENDMENT
Please note that 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.
Recommended Contingencies of Approval:
1. That the Ordinance for the Zone Map Amendment shall not be approved until the
Annexation Agreement is signed by the applicant and formally approved by the
City Commission. If the annexation agreement is not approved, any Zone Map Amendment approval shall be null and void.
2. That all documents and exhibits necessary to establish an initial municipal zoning
designation shall be identified as the “2521 W. Babcock Zone Map Amendment”.
3. The City will prepare an exhibit for convenient identification of the areas being
zoned as described in detail on the plat of Lot 1, Block 2 Farwestern Subdivision and right of way easements and deeds recorded with the Gallatin County Clerk and Recorder as documents 2128784, 2160451, 2160453, 2160455, 2160462, and
2170760.
That the applicant submit a zone amendment map, titled “2521 W. Babcock Zone
Map Amendment”, on a 24” by 36” mylar, and 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
legal description of the perimeter of the subject property and zoning districts, and
total acreage of the property.
4. That the Ordinance for the Zone Map Amendment shall not be drafted until the
applicant provides a legal description prepared by a licensed Montana surveyor
and map of the area to be rezoned, which will be utilized in the preparation of the
Ordinance to officially amend the zone map.
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SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS
Annexation
Having considered the criteria established for an annexation, the Development Review
Committee (DRC) voted on June 24, 2015 to recommend approval of the requested
annexation.
The City Commission will hold a public meeting on the annexation on July 27, 2015. The
meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6 p.m.
Zone Map Amendment
Having considered the criteria established for a zone map amendment, the Staff recommends
approval as submitted in conjunction with the Annexation request. Staff’s recommendation
and staff responses are predicated on approval of the annexation.
The Development Review Committee (DRC) considered the amendment on June 24, 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
conducting its public hearing, the Zoning Commission recommends approval of this
application.
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 directly contiguous to the City limits on the east side.
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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 part of an in-holding of county properties. See the map series. The
City wholly surrounds the area and has been annexing properties as requested by the property
owners.
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 presently contracting for water and sewer. A condition of the contract
for services is to apply for and complete the annexation process. Please see the attached
minutes and memo from the Commission approval of the connection request on January 5,
2015.
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 presently has a single home on it. No additional development is
proposed at this time.
Resolution No. 3907 Policies
Policy 1: Annexations shall include dedication of all easements, rights-of-way for
collector and arterial streets, water rights, and waivers of right-to-protest against the
creation of improvement districts necessary to provide the essential services for future
development of the city.
Term of annexation 2 requires a waiver of right to protest creation of a parks maintenance
district. The maintenance of parks has not been participated in previously by the property.
The waiver of the district will facilitate the process of participation at the time a district if
formed.
Term of annexation 3 addresses annexation of adjacent public right of way. State law
requires the City to annex all public right of way adjacent to properties being annexed. In this
case that means right of way for both Western Drive and W. Babcock Street.
“7-2-4211. Inclusion of roads and rights-of-way in annexation. In all instances of
annexation allowed under parts 42 through 47 of this chapter, the municipality shall
include the full width of any public streets or roads, including the rights-of-way, that are
adjacent to the property being annexed.”
The Farwestern Subdivision dedicated right of way for Western Drive and West Babcock
Street. The City obtained additional right of way for widening the street. The description of
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the additional right of way is in documents 2128784, 2160451, 2160453, 2160455, 2160462,
and 2170760 recorded with the Gallatin County Clerk and Recorder. There are no reasonably
neat boundaries which follow the existing deed and easement lines. Therefore, all the public
right of way along Babcock Street between the adjacent City limit lines is included. The
documents exist and the applicant has no obligation to obtain right of way from others. The
area will need to be depicted on the annexation and zoning maps, ordinance, and resolution.
Term of annexation 9 requires payment of cash in lieu of water rights. The amount calculated
is based on the demand established through the City’s adopted water manual. The fee will be
used to purchase water rights to provide service to the property.
Term of annexation 10 addresses waivers for improvements to streets, water lines, and sewer
mains to serve the property. The property owner will still retain the right to contest the
method of calculation or other components of special improvement district formation.
Term of annexation 11 requires grant of an easement for additional W. Babcock Street right
of way. W. Babcock is a designated collector street. The standard width for a collector is 90
feet wide. The street is centered on the section line. Therefore the northern portion of the
street is 45 feet wide. The Farwestern Subdivision dedicated some of the required right of
way for the street. The City acquired an easement for an additional 2.5 feet of right of way
for the W. Babcock Street project. The City needs to acquire an additional 12.5 feet of right
of way to complete the northern portion of the Babcock Street right of way. The use of the
right of way will be deferred until the City needs to widen the street.
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 as Residential on the future land use map. The existing uses and
proposed zoning is consistent with that designation. The required zone map amendment
application has been submitted. It is being reviewed in conjunction with the annexation.
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 R-2. No change to the growth policy is required.
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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 R-2.
Policy 3: Fees for Annexation procedures shall be established by the City Commission. No
fee will be charged for any City-initiated annexation.
The application processing and review fees for application according to the current fee
schedule were received. The City adopted a new fee schedule after the applicant had received
approval to connect to municipal water and sewer and before the application for annexation
was received. The applicant requests the City Commission refund the additional costs due
from application of the new fee schedule.
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 served by paved streets.
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 acquisition of water rights is addressed under term of annexation 9.
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
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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 immediately available to the property. To
prevent hazards from a collapsing septic tank, per term of annexation 8, the existing tank
must be properly decommissioned.
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.
City water and sewer systems are presently serving the property. A condition of connection
was to make application for annexation within six months and complete annexation within
one year.
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. (Mapping requirements are addressed in
Recommended Term of Annexation #3).
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 property paid water and sewer impact fees at the time it was connected to the water and
sewer systems. Fire impact fees are required upon annexation. The fire impact fee amount is
$168.76. Fire services will be available to the site upon annexation and constitute new
service demand for the City’s fire department. The existing home was constructed in 1960
and predated the transportation impact fee. If the home is expanded then fees will be due per
the normal municipal code requirements.
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.
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Notices of the public hearings has been sent and posted on the site as set forth under this
policy.
Policy 11: Annexation agreements shall be executed and returned to the City within 60 days
of distribution of the annexation agreement, unless another time period is specifically
identified by the City Commission.
This policy item is specified in Recommended Term of Annexation #5.
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 plan approval under this title, the advisory boards and City
Commission shall consider the following criteria. As an amendment is a legislative action,
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 property is designated as Residential on the future land use map. The requested R-2
zone is an implementing district for that designation. No conflicts with the goals and
objectives of the plan have been identified.
B. Secure safety from fire and other dangers.
Neutral. The site is presently developed. Annexation will support a faster emergency
response time by providing access to municipal emergency services. The change in zoning
will not affect response times. The site appears to meet the standards of the R-2 zone which
have been found adequate to meet this criterion.
C. Promote public health, public safety, and general welfare.
Yes. Bringing the property into the City and removing a septic system will promote public
health by lessening sources of contamination to the ground water.
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D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Neutral. The annexation will address necessary participation in provision of services. The site
is already developed with a single home. If the property redevelops in the future it will be
reviewed against development standards and will be required to mitigate impacts.
E. Reasonable provision of adequate light and air.
Neutral. The R-2 district has been found adequate in this criterion. The required setbacks
and lot coverage limits will be adequate to this issue.
F. The effect on motorized and non-motorized transportation systems.
Neutral. The is presently developed. There are dedicated streets on two sides of the property.
There is no material effect expected from this site.
G. Promotion of compatible urban growth.
Yes. The adjacent area to the east is R-2 the areas to the north, west, and south are existing
residential development. The site is an existing area being annexed to the City. The City will
be growing inward with this annexation. The use of the area for residential activity will be
compatible.
H. Character of the district.
Neutral. The site is already developed. No changes are proposed. The character of the district
should remain as is at present.
I. Peculiar suitability for particular uses.
Neutral. The site has existing development. The R-2 district allows the same use as is
presently in place. The site is a typical residential property. The zoning matches the existing
uses so no material change is expected.
J. Conserving the value of buildings.
Yes. The proposed R-2 zoning will support the continued use of the existing buildings.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Neutral. The use of the site is already established. No change is expected from the initial
zoning as R-2.
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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 – NOTICING AND PUBLIC COMMENT
Describe the process of noticing, what was required and the number and general summary of
the nature of the public comment received. Noticing has not yet been provided. Notice will
be provided at least 15 and not more than 45 days prior to the City Commission public
hearing. That hearing before the Zoning Commission will be on July 7, 2015 and before the
City Commission on July 27, 2015.
APPENDIX B – 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
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Staff Report for the 15270, 2521 W. Babcock Street Annexation and Zone Map
Amendment Page 20 of 20
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 “R-2” (Residential Two-Household Medium Density
District) in association with the annexation of the property. The intent of the R-2 residential
two-household medium density district is to provide for one- and two-household residential
development at urban densities within the city in areas that present few or no development
constraints, and for community facilities to serve such development while respecting the
residential quality and nature of the area.
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF
Owners: Jordan Goldsmith, 230 Strand Avenue Missoula MT 59801 and Jesse Goldsmith 5006
W 36th Avenue Denver CO 80212
Applicant: Richard Goldsmith, 31501 Eagle Way, Polson MT 59860
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.
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
Email correspondence between Goldsmith (applicant) and Wollard (Director of Public
Works)
Staff memo for request for early connection
Minutes of approval for early connection to water and sewer
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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Craig Woolard, Director of Public Works
SUBJECT: Request for Sewer and Water Service Outside City Limits, 2521 West
Babcock Street, Dick Goldsmith
MEETING DATE: January 5, 2015
AGENDA ITEM TYPE: Action
RECOMMENDATION: Approve the request to allow the residence at 2521 West Babcock
Street to connect to the city sewer and water system prior to annexation subject to conditions
recommended in this report.
RECOMMENDED MOTION: I move to approve the request to allow the residence at 2521
West Babcock to connect to the city sewer system prior to annexation subject to the conditions
listed in this memo.
RECOMMENDED CONDITIONS:
1. Prior to connection to the city sewer and/or water main, all record owners of the property must sign a Waiver of Right to Protest Annexation to the City of Bozeman. The City will file the document at the Gallatin County Clerk and Recorder’s Office.
2. The property owner shall file a complete application for annexation and zoning of the
property within six months of connection to city sewer, and complete the annexation and zoning processes within one year after connection to city sewer. The property must also connect to city water at time of annexation.
3. The property owner shall be responsible for all costs associated with the extension of the sewer service to the home.
4. An application to connect to the sewer main must be made through the City Building
Department, and sewer impact fees, and connection fees must be paid prior to receiving
approval of the application. This application must be approved before work begins on
extending the sewer service line to the property.
5. The property is located within the Main Mall Sewer Payback District. As such, this
payback must be paid to the City prior to connection to the sewer main.
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6. The existing on-site treatment system must be properly abandoned. The property owner
shall contact the Gallatin City-County Environmental Health Department to coordinate
and document this activity. Proof of proper abandonment shall be submitted to the City
Engineer.
7. The City Finance Department will bill the owner of the property monthly as an
“unmetered customer” for sewer charges (pro-rated from the date connected) until the
property is connected to city water. The sewer charge will then be based on metered
water use.
FURTHER, that at the applicant’s discretion, they may connect the residence to the city water main prior to annexation at the same time they connect to the sewer main, to potentially reduce
the costs of construction, subject to the additional following conditions:
1. The property owner shall be responsible for all costs associated with the extension of the
water service to the residence.
2. An application to connect to the water main must be made through the City Building
Department, and water impact fees, cash-in-lieu of water rights and connection fees must
be paid prior to receiving approval of the application. This application must be
approved before work begins on extending the water service line to the property.
3. The property is located within Special Improvement District #622 Water Payback
District. As such, this payback must be paid to the City prior to connection to the water
main.
4. The existing on-site well must be properly disconnected from all points of domestic use.
The well may only be used for outside irrigation purposes. The property owner shall
contact the City Water Department for inspection to ensure proper disconnection and
reconnection to only the irrigation system, if applicable.
5. Upon activation of city water service, the City Finance Department will bill the owner of
the property monthly as a “metered customer” for water and sewer charges (pro-rated
from the date connected).
BACKGROUND: The property owner has requested permission to connect to the City sewer main located directly in front of the property at 2521 West Babcock Street. The applicant has indicated the septic system on the property has failed. This property is adjacent to city limits on
the east. City water and sewer mains are located in West Babcock Street, and service stubs for
both water and sewer were extended from the mains to the property line prior to the completion
of improvements to West Babcock Street. Because the City sewer main is adjacent to this property, the Gallatin City-County Health Department will generally not issue a permit to replace the on-site septic system. The applicant recognized the connection to city sewer service is
beneficial to the environment.
Section 40.03.1380 of the Bozeman Municipal Code requires a landowner requesting water or
sewer service for land located outside of city limits to execute a Waiver of Right to Protest Annexation of the property to be served by water or sewer services prior to connecting to the
service. The landowner is willing to sign a Waiver of Right to Protest Annexation. The property
owner plans to annex the property into the city per condition of approval. Because it takes close
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to six months to complete the annexation and rezoning application process, this property will be
without sewer service if this request is denied.
It has been a requirement of past commissions to require property to annex to the city if they
desire city services. Given the expense of connecting the property to municipal services, staff recommends the property owner be given a 1 year period to apply for and complete the annexation and rezoning processes. As noted in condition 2 above, staff recommends the
property owner be required to file a complete application for annexation and zoning of the
property within six months of connection to city sewer, and complete the annexation and zoning
processes within a year after connection to city sewer.
Per Section 40.03.1370 of the Municipal Code, the following criteria are to be considered by the
City Commission when reviewing requests for property located outside city limits to connect to
municipal services:
1. Orderly growth and development of the city.
The property is adjacent to city limits and water and sewer mains are adjacent to the property. Prior to reconstruction of West Babcock Street, service stubs from the mains were extended to the property lines of unannexed parcels in anticipation of their future
annexation and need for the services. The property is located in the City’s future growth
boundary.
2. Water and land pollution abatement or control.
The septic system was installed prior to the requirement of County Health Department
septic permits and inspection. Because the existing septic system is failing, the
connection of the property to city sewer service will abate potential water and land
pollution issue.
3. Need of persons or industries requesting service as determined by the City Commission.
The need for connection to the city sewer system is imminent due to the failure and age
of the on-side septic system.
4. Capacity of the utility system of the city to serve property outside of the city limits of
the city.
The property is located in SID 622, which extended the water system to serve this area. It
is also located in the Main Mall sewer payback district, which extended the sewer system
to serve this area. Thus, the water and sewer systems have capacity to serve this property.
While the Bozeman Municipal Code is silent with regard to connection to city water service
prior to annexation, it may be more practical and financially prudent to connect the residence to city water at the same time it is connected to the sewer main. Thus, staff is recommending that
the commission also authorize the applicants to connect to city water at the same time they
connect to city sewer, if they so choose, with the conditions mentioned above.
ALTERNATIVES:
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1. Deny connection municipal services until the property is fully annexed.
2. As suggested by the City Commission.
FISCAL EFFECTS: Following is an estimate of fees that would be collected as a result of
connection sewer, water, and future annexation. The applicants will have additional costs for connection of the services, and for the preparation of maps and application materials for annexation/rezoning. Water and sewer impact, connection and payback fees will be collected
prior to connection to municipal services (approximately $3,419), and the applicants will be
billed monthly for the sewer and water services used. Future annexation and rezoning
application, water rights, and West Babcock Improvement Annexation Area fees would be collected at the time of annexation and rezoning (approximately $3,699). Estimated fees with One Single-Family Residence
Sewer Impact Fee $1,103.00
Sewer connection inspection $21.00
Water Impact Fee $1,646.00
Water meter and inspection $360.00
Main Mall sewer payback at 0.01/sqft of property $111.00
SID 622 water payback at 0.016/sqft of property $178.00
Estimated fees for future annexation
West Babcock Street Improvement Annexation Area $1,120.00
Annexation application (fee plus advertising) $450.00
Zone Map Amendment application (fee plus advertising) $725.00
Cash in-lieu of water rights (if not rights available for transfer) $1404.00
Attachments: Letter from Property Owner, Dick Goldsmith Estimated Cash-in-lieu of Water Rights Calculations Estimated Impact Fee Calculations
Report compiled on: 12/29/14
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