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HomeMy WebLinkAboutA2. Resolution 4663 Sourdough Water TankPage 1 of 20 15-529, Staff Report for the Sourdough Water Tank Annexation and Zone Map Amendment Public Hearing Date: Zoning Commission meeting is on January 19, 2016 City Commission meeting is on February 8, 2016 Project Description: Sourdough Water Tank requesting annexation of 11.663 acres and amendment of the City zoning map for the establishment of a zoning designation of PLI, Public Lands and Institutions. Project Location: 4330 Sourdough Road, at the intersection of Sourdough Road and Goldenstein Lane. Recommendation: Approval of Resolution 4663 and Provisional adoption of Ordinance 1933. 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 15-529 and move to approve Resolution 4663 completing the Sourdough Water Tank Annexation. 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 15-529 and move to provisionally adopt Ordinance 1933 approving the Sourdough Water Tank Zone Map Amendment. Report Date: January 27, 2016 Staff Contact: Chris Saunders, Policy and Planning Manager Shawn Kohtz, Development Review Engineer Agenda Item Type: Action - Legislative EXECUTIVE SUMMARY Unresolved Issues None are known at this time. Project Summary The project is for annexation and initial zoning for 11.663 acres at the SE corner of the intersection of Sourdough Road and Goldenstein Lane. The property is owned by the City of Bozeman. The site is developed with a water storage tank. Annexation brings the property 220 Staff Report for15-529 Sourdough Water Tank Annexation and Zone Map Amendment Page 2 of 20 into the jurisdictional limits of the City of Bozeman. The proposed zoning of PLI, Public Lands and Institutions, is consistent with the past, present, and anticipated future uses of the site. Daily presence of City employees at the site is not needed. A more extensive description of the purpose of the application and a summary of the County zoning now in place is in Appendix A and Appendix C. Alternatives 1. Approve the application as presented; 2. Determine not to continue with the application at this time; 3. Deny the application based on findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing, with specific direction to staff or the applicant to supply additional information or to address specific items. Zoning Commission The Zoning Commission held its public hearing on January 19, 2015. After considering all materials and public comment it unanimously recommended approval. The video of that meeting is available at the City’s video archive at HTTP://MEDIA.AVCAPTUREALL.COM/SESSION.HTML?SESSIONID=C1D86BD0-4003-4949-AFC4- 30931E73F5D0. TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 1 Unresolved Issues ............................................................................................................... 1 Project Summary ................................................................................................................. 1 Alternatives ......................................................................................................................... 2 Zoning Commission ............................................................................................................ 2 SECTION 1 - MAP SERIES .................................................................................................... 4 SECTION 2 - RECOMMENDED TERMS OF ANNEXATION ............................................ 8 SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT..... 9 SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 9 SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS .................................. 9 SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 13 221 Staff Report for15-529 Sourdough Water Tank Annexation and Zone Map Amendment Page 3 of 20 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 15 APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 15 APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 17 APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 17 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 19 FISCAL EFFECTS ................................................................................................................. 19 ATTACHMENTS ................................................................................................................... 19 222 Staff Report for15-529 Sourdough Water Tank Annexation and Zone Map Amendment Page 4 of 20 SECTION 1 - MAP SERIES 223 Staff Report for15-529 Sourdough Water Tank Annexation and Zone Map Amendment Page 5 of 20 224 Staff Report for15-529 Sourdough Water Tank Annexation and Zone Map Amendment Page 6 of 20 225 Staff Report for15-529 Sourdough Water Tank Annexation and Zone Map Amendment Page 7 of 20 226 Staff Report for15-529 Sourdough Water Tank Annexation and Zone Map Amendment Page 8 of 20 Excerpt from Gallatin County zoning map 227 Staff Report for15-529 Sourdough Water Tank Annexation and Zone Map Amendment Page 9 of 20 SECTION 2 - RECOMMENDED TERMS OF ANNEXATION The City cannot enter into an annexation agreement with itself. A provision of services plan will be prepared and attached as an exhibit to this report when presented to the City Commission. The provision of services plan addresses how municipal services will be provided to the property as required in 7-2-4732, MCA. The necessary Resolution of Annexation will be prepared and presented for action by the City Commission. All requirements have been met. There are no unresolved actions for this application. SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT All required steps have been completed. Ordinance 1933 upon adoption will complete the zone map amendment process. The required map and boundary description has been provided and ordinance prepared. Therefore, there are no contingencies for the zone map amendment. SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS Having considered the criteria established for an annexation, the Development Review Committee (DRC) voted on January 7, 2016 to recommend approval of the requested annexation and zone map amendment. The Zoning Commission will hold a public hearing on this ZMA on January 19, 2016 and will forward a recommendation to the Commission on the Zone Map amendment. The meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6 p.m. The City Commission will hold a public meeting on both the annexation and the zone map amendment on February 8, 2016. 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 4400 Criteria Resolution No. 4400 Goals 228 Staff Report for15-529 Sourdough Water Tank Annexation and Zone Map Amendment Page 10 of 20 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 not contiguous to the City limits. The property is located within the anticipated future growth area of the City. As a publicly owned property, the parcel is not being annexed for subsequent development. The application is being processed as a Part 46 annexation. Part 46 does not require contiguity of annexed lands. 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 totally 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 currently contracting for services. The five million gallon water tank on the site is an essential element in the City’s municipal water service system. Goal 4: It shall be the goal of the City of Bozeman to require annexation of all land proposed for development lying within the service boundary of the existing sewer system as depicted in the Bozeman Growth Policy, and to encourage annexations within the urban growth area identified in the Bozeman Growth Policy. The subject property lies within the identified urban growth area. The property has been owned by the City of Bozeman since 1916. The site has been developed with a five million gallon water storage tank and affiliated structures since 1957. There are no plans to remove the tank and support facilities. Over time additional structures and facilities may be added to enhance or expand this use. Any such expansions will be subject to the development review process applicable to the proposed change. Resolution No. 4400 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. Adequate right of way exists for access to the site through previous subdivisions. As the property owner, the City may grant future right of way if deemed necessary. There are no plans to alter the street network in the next five years. 229 Staff Report for15-529 Sourdough Water Tank Annexation and Zone Map Amendment Page 11 of 20 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 “Suburban Residential.” No change to the growth policy is necessary to continue the use of the site. No changes are anticipated to be necessary with any future further development of the site for utility purposes. The growth policy designates this area as one likely to be annexed over the next 15 years. See Appendix C for more description of the Suburban Residential growth policy designation. 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 PLI, Public Lands and Institutions. This district is an implementing district for the future land use designation of Suburban Residential per Table C-16 of the Growth Policy. c. The applicant may indicate his or her preferred zoning classification as part of the annexation application. The applicant/owner has indicated preference for a zoning designation of PLI, Public Lands and Institutions. Note: The annexation and the placement of a zoning district designation on the property by the City do 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 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. 230 Staff Report for15-529 Sourdough Water Tank Annexation and Zone Map Amendment Page 12 of 20 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 accessed by Sourdough Road and Trooper Trail. Sourdough is a paved road developed to county standards. Trooper Trail is a gravel road. Primary access to the site comes from Sourdough Road Policy 5: Prior to annexation of property, it shall be the policy of the City of Bozeman to acquire adequate and usable water rights, or an appropriate fee in lieu thereof, in accordance with Section 38.23.180 of the municipal code. The present use of the property as a water storage tank does not consume water. Therefore, no immediate payment for water rights is necessary. If the property were to be developed in the future it would be subject to Section 38.23.180, which requires provision of water rights in associate with development. 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 reserved for others will not be consumed by this annexation. Demand for services is expected to be very small. The structures on the site are primarily made of non-combustible materials. There are no permanent staff at the site. 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 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. 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 231 Staff Report for15-529 Sourdough Water Tank Annexation and Zone Map Amendment Page 13 of 20 Code (Impact Fees), and in accordance with the Bozeman Growth Policy and other policies as they are developed. The provisions of Chapter 2, Article 6, Division 9 will apply to any future development of the site after annexation. No impact fees are applicable to the site at this time. 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&B.1, BMC.. Notices of the public hearing have been sent and posted on the site as set forth under this policy. Policy 11: Annexation agreements shall be executed and returned to the City within 60 days of distribution of the annexation agreement, unless another time period is specifically identified by the City Commission. This policy item is met as the required resolution and ordinance have been prepared. No annexation agreement is required with this application. 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. 232 Staff Report for15-529 Sourdough Water Tank Annexation and Zone Map Amendment Page 14 of 20 Yes. The site is planned for Suburban Residential. This designation recognizes areas with an existing development pattern but that are not yet annexed. The PLI district is an implementing zoning district for this designation per Table C-16 of the Bozeman Community Plan. A review of the goals and objectives of the growth policy shows no conflicts. See Appendix C of this report for a full description of the Suburban Residential designation. B. Secure safety from fire and other dangers. Neutral. The use of the site will not be modified with this application. The property is used for a public water system and will continue to operate as such after annexation. There are no office buildings or similarly occupied structures. Dangers such as earthquakes and similar natural events will not be affected by the application. C. Promote public health, public safety, and general welfare. Neutral. The site already serves an important public health function by supporting provision of clean water. The PLI district supports the development and function of public institutions. The district purpose and this criterion are in harmony. D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Neutral. The site is already in use for provision of water to the municipality. Public right of way is in place on all sides of the site. Any future development will be subject to Chapter 38, Unified Development Ordinance, BMC. If additional future facilities are identified as necessary they will be provided at that time. E. Reasonable provision of adequate light and air. Yes. The PLI district includes a provision (38.13.060) that mimics the required yards of adjacent development. The site is surrounded by public right of way, which provides separation from adjacent uses. F. The effect on motorized and non-motorized transportation systems. Neutral. Adequate right of way already exists on all sides of the site. The site is already developed with PLI uses and has been since 1957. Therefore, the change from a county to urban zoning designation will not have a material effect on this criterion. G. Promotion of compatible urban growth. Neutral. The provision of municipal water will promote compatible urban growth. The site has been used for this purpose since 1957. H. Character of the district. Neutral. The site is already developed with PLI uses and has been since 1957. The water storage tank was constructed prior to all but one of the adjacent subdivisions. The character 233 Staff Report for15-529 Sourdough Water Tank Annexation and Zone Map Amendment Page 15 of 20 of the neighborhood has incorporated the presence of the water tank. Therefore, the change from a county to urban zoning designation will not have an effect on this criterion. I. Peculiar suitability for particular uses. Yes. The site is located at a specific grade line that allows the City’s main water supply to flow by gravity to the City. The water tank is located there to provide a source of water pressure to the southern end of the City. A PLI zoning designation will recognize the important public function provided at this site. J. Conserving the value of buildings. Yes. The site has been developed since 1957 as Essential Services Type II. The water tank predated all but one of the adjacent subdivisions. The City’s ownership predated any of the adjacent subdivisions. As the uses of the site correspond to the PLI zoning district, the placement of the PLI district will not affect value of buildings. K. Encourage the most appropriate use of land throughout the jurisdictional area. Neutral. The application of the district will not modify this criterion. The use of the site and its impact on land development is already well established. 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 City of Bozeman has operated a municipal water system since 1905. In 1916, the City purchased the subject property. In 1957, the City constructed the present water tank. It has remained in operation ever since. The tank is located along the City’s primary water feed from the water treatment plant at the mouth of Sourdough Canyon. The proposal is to annex the City owned property into the municipal limits. The site is approximately one-half mile from the nearest City boundary. The nearest boundary is along Goldenstein Lane and Sourdough Creek to the west. Part 76-2-46 of state law authorizes annexations by petition. This part does not require land being annexed to be contiguous. The site is located within the planned urban expansion area depicted on Figure 3-1 in the growth policy. Annexation will make the site subject to municipal zoning standards and procedures. 234 Staff Report for15-529 Sourdough Water Tank Annexation and Zone Map Amendment Page 16 of 20 The site has been owned by the City since 1916 and is presently zoned Agricultural Suburban under Gallatin County’s zoning program. It has been developed as an Essential Service Type II since 1957. In combination with municipal ownership, this use makes a PLI district designation a better zoning fit. The City continues to operate and enhance its water system. As part of that enhancement process the City is working to include additional security and operational wireless connections between portions of the system. The Public Works and Information Technology staffs wish to add wireless connections between the Water Treatment Plant and several other locations. These connections require a line of sight between points—there can be no obstructions (such as hills) blocking the signal. The Sourdough Water Tank site is an important element in making these links. A new telecommunications tower at the site is necessary to place the equipment correctly to allow it to work as needed. The County’s AS zone and telecommunications requirements do not allow a facility such as the Information Technology staff believe is necessary. Information Technology staff have also consulted with 911 staff and 911 finds this site a desirable location for their equipment as well, to improve public service. No designs for facilities have been finalized. No application has been submitted at this time. Permitting and construction for the facility is expected in the next 18-24 months. There are several alternatives to address this issue: 1) The City can annex the property and place the PLI zone. This recognizes the existing and ongoing public use of the site. PLI is a favored zone for telecommunication facilities and the necessary facilities could be placed with a minimum of difficulty. Public notice of the proposed facility would follow the standard noticing practices of posting on-site and mailing to adjacent owners within 200 feet. The City can choose to expand the area receiving the mailed notices. 2) The City can leave the property unannexed and invoke its agency exemption from County zoning as allowed by Section 76-2-402, MCA. “76-2-402. Local zoning regulations — application to agencies. Whenever an agency proposes to use public land contrary to local zoning regulations, a public hearing, as defined below, shall be held. (1) The local board of adjustments, as provided in this chapter, shall hold a hearing within 30 days of the date the agency gives notice to the board of its intent to develop land contrary to local zoning regulations. (2) The board shall have no power to deny the proposed use, but shall act only to allow a public forum for comment on the proposed use.” The City has bound itself to its own regulations and strives to avoid using the agency exemption and encourages other agencies to abide by the City’s regulations. However, the City can invoke the exemption against its own or other entities’ zoning standards. As stated in the state law 235 Staff Report for15-529 Sourdough Water Tank Annexation and Zone Map Amendment Page 17 of 20 excerpt, notice would be provided by Gallatin County. This notice is given primarily by posting on the County website and publication in the Bozeman Daily Chronicle. 3) Gallatin County is presently considering a revision to its telecommunications regulations in the zoning standards applied to this parcel. The public review draft of the changes had not been released at the time this report was written. The changes may or may not enable the necessary wireless communication facility to comply with the County’s regulations. The City can choose to not annex the property and wait to see what standards the County adopts. A final draft is likely by the end of July 2016. APPENDIX B – NOTICING AND PUBLIC COMMENT The site was posted and notice sent via First Class US Mail on December 31, 2015. Notice has been provided at least 15 and not more than 45 days prior to the Zoning Commission or City Commission public hearing. No public comments were received prior to the Zoning Commission public hearing. At the Zoning Commission public hearing one person asked questions regarding the proposal but did not support or oppose the application. See the attached minutes for additional details. APPENDIX C – PROJECT GROWTH POLICY AND PROPOSED ZONING Adopted Growth Policy Designation: The property is designated as “Suburban Residential” in the Bozeman Community Plan. The description of this designation is on page 3-11 of the plan. “Suburban Residential. This category indicates locations generally outside of City limits, but within the planning area, where a land development pattern has already been set by rural subdivisions. Subdivisions in this area are generally characterized by lots two acres in size or less. It is probable that portions of this area may be proposed for annexation within the next twenty years. The area is able to be served with municipal water and sewer services with appropriate extensions of main lines. Any further development within this area should be clustered to preserve functional open space. Individual septic and well services are discouraged. If development is proposed within reasonable access distances to waste water and water services, annexation to the City should be completed prior to development.” Proposed Zoning Designation and Land Uses: The applicant has requested zoning of “PLI” (Public Lands and Institutions District) in association with the annexation of the property. The intent of the PLI District is: “Sec. 38.13.010. - Intent. 236 Staff Report for15-529 Sourdough Water Tank Annexation and Zone Map Amendment Page 18 of 20 The intent of the PLI public lands and institutions district is to provide for major public and quasi-public uses outside of other districts. Not all public and quasi-public uses need to be classified PLI. Some may fit within another district; however, larger areas will be designated PLI.” The existing land use is an Essential Service (Type II) which is defined as follows. “Sec. 38.42.1000. - Essential services (Type II). Facilities, equipment and structures required for the provision of neighborhood level public and quasi-public services within the city. Additional items may be determined by the director of community development to be appropriately included in this definition. Specific facilities, equipment and structures include: 1. Public water storage facilities; and pumping stations. 2. Public sanitary sewer or storm sewer lift stations. 3. Water fill stations for firefighting equipment. 4. Electric service: a. Transmission lines, cables and appurtenances operable prior to September 3, 1991 including the repair and replacement of the same as necessary to maintain their operation. b. Transmission lines, cables, and appurtenances 161 kV or less and no greater in height than the minimum required by the National Electric Safety Code (NESC) plus 25 percent, other than those included in Essential Services (Type I). 5. Natural gas service: a. Natural gas regulator/valve stations and appurtenances, with above ground buildings not to exceed 125 square feet. 6. Communications services, except those included in essential services (Type F), including above ground buildings not to exceed 125 square feet: a. Telephone lines and cables. b. Cable television lines. c. Electronic data transmission lines and cables. 7. Above ground utility boxes, from 20-125 square feet, except those included in essential services (Type I).” 237 Staff Report for15-529 Sourdough Water Tank Annexation and Zone Map Amendment Page 19 of 20 The Gallatin County zoning standards are available online at http://gallatincomt.virtualtownhall.net/Public_Documents/gallatincomt_plandept/1zoni ng/districts/GCBZ_Regulation.pdf. Gallatin County standards that apply at this time: The Agricultural Suburban district allows small scale wireless facilities as a conditional use. Larger facilities are not allowed (Article II, Section 6). Maximum height in the AS district is 34 feet (Article II, Section 6). A small scale wireless facility, even if mounted on another structure, may not exceed the allowed building height in the zone (Article III, Section 19). A small scale wireless facility may not exceed 20 feet in height (Article VI, Section 33). APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF Owner and Applicant: City of Bozeman, PO Box 1230, Bozeman MT 59771 Representative: Brian Heaston, City of Bozeman, PO Box 1230, Bozeman MT 59771 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. Resolution 4663 and Exhibit A Ordinance 1933 Zoning Commission minutes Application materials 238 Staff Report for15-529 Sourdough Water Tank Annexation and Zone Map Amendment Page 20 of 20 239 COMMISSION RESOLUTION NO. 4663 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 Department of Public Works requested that the City annex a parcel owned by the City and used for the purposes of the water utility; and WHEREAS, the City of Bozeman is the owner of the property; 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 February 8, 2016; and WHEREAS, A public meeting on said annexation petition was duly noticed and held on February 8, 2016; and WHEREAS, said tract is known as a tract of land situated in the NW1/4SW1/4 Section 29 & the NE1/4SE1/4 Section 30, T2S, R6E, P.M.M., Gallatin County, Montana; 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: Resolution 4663, Sourdough Water Tank Annexation Page 2 of 3 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 11.663 acres, to wit: Legal Description A tract of land situated in the NW1/4SW1/4 Section 29 & the NE1/4SE1/4 Section 30, T2S, R6E, P.M.M., Gallatin County, Montana, and being further described as follows: Beginning at the East 1/4 corner of said Section 29; thence along the E-W mid-section line of said Section 29 N89°52'00"E 660.00 feet to the NE corner of Tract 12B of Certificate of Survey No. 350J; thence along the west line of said certificate of survey S00°00'00"E 721.54 feet to a point on the south line of the dedicated road right-of-way as shown on the Sourdough Hills Subdivision; thence along said right-of-way line S89°59'58"W 705.00 feet to a point on the west right-of-way line of Sourdough Road; thence along said right-of-way line N00°00'00"W 719.91 feet to a point of the E-W mid-section line of said section 29 extended; thence along said line N89°52'00"E 45.00 feet to the point of beginning. Said Tract being 11.663 acres. The described parcel has an area of 11.663, more or less as described on the Sourdough Water Tank Annexation Map. Section 2 The provision of service plan required by 7-2-46, MCA is included with this resolution as Exhibit A. Section 3 The effective date of this annexation is February 23, 2016. Resolution 4663, Sourdough Water Tank Annexation Page 3 of 3 PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 8th day of February, 2016. _________________________________ CARSON TAYLOR Mayor ATTEST: _________________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney Exhibit A Provision of Municipal Services Plan Sourdough Tank Annexation State Law References 7-2-4610 and 7-2-4732, MCA A. Introduction Whereas, the City of Bozeman hereby recognizes that Montana State law has established municipal governments for the purpose of providing local government municipal services essential for sound urban development of communities as well as for the protection of health, safety and welfare in areas either already being intensively used or undergoing development for residential, commercial, industrial, institutional and governmental purposes. “Historically, the purpose of Montana’s annexation statutes have been simply to provide expanding communities with: 1. a united and effective single form of government; 2. orderly growth through uniform regulations such as building codes, planning, and zoning standards; and 3. an equal sharing of community resources and financial responsibility for those resources by people living in an area united by social, political, and economic interests. (From Montana’s Annexation Laws: An Evaluation, November 1980, Montana Legislative Council).” B. Long Range Plan As required by MCA 7-2-4732, this plan anticipates development for a period of at least five years into the future. The 2010 Census lists the City of Bozeman’s population at 37,280. The US Census population projection for 2014 is 41, 660. Bozeman has experienced an average annual population growth of 2.5 percent over the past 40 years, with some years exceeding five percent growth. Indications are that the growth of the City will continue at least at its historical average. If so, it is projected that the City could reach a population of 48,312 by 2020. The City of Bozeman conducts long range facility and land use planning to consider areas of future growth and what expansions to services are needed to support them. Studies such as those noted below if available should be consulted when reviewing proposed annexations. A suite of projects is considered for near term construction in the next five years through the City’s Capital 244 Improvement Program. This document is updated and adopted annually by the City Commission and draws heavily from the adopted long range plans. The area proposed for annexation with the Sourdough Tank Annexation is within the planning area for the City’s growth policy and facility plans. Use of the site is for a municipal water storage tank. The site has been developed as a municipal water storage tank since 1957. The use of the site has minimal needs for additional services as a result of annexation. 1. Sewer - The City’s sewage treatment facility was recently upgraded and expanded. Capacity exists to serve additional demand. The Bozeman Wastewater Facilities Plan was completed in 2007. It provides a description of existing and proposed facilities, population projections, and identifies both area where service can be provided and what facilities are necessary to provide service. The projected service population of the plan is 92,500 persons. 2. Water - The City’s primary water treatment facility was recently upgraded and expanded. Capacity exists to serve additional demand. The Bozeman Water Facilities Plan was completed in 2007. It provides a description of existing and proposed facilities, population projections, and identifies both area where service can be provided and what facilities are necessary to provide service. The projected service population of the plan is 92,500 persons. 3. Roads – Future road extensions shall be designed to accommodate projected demand. The long range transportation plan has established an existing and future arterial and collector street network. The City relies upon this network in coordination with Montana Department of Transportation to deliver travel services. 4. Service Providers – Other municipal services are provided as shared municipal facilities supported by the community as a whole. The City does not restrict private competition within its boundaries for services such as recycling and solid waste collection. 5. Growth Policy – The City of Bozeman adopts a growth policy in order to correlate facility plans with future land use needs. The future land use map identifies those areas where expansion of the City in the planning horizon of 20 years is anticipated. C. Areas Considered for Annexation Currently there are numerous areas adjacent to and lying on the perimeter of the City of Bozeman that are natural extensions of the City but which are not presently located within the corporate boundaries of the City. See Figure 3-1 of the growth policy for a map of these areas. Some of these areas are already extensively developed and are deriving benefits from the City of Bozeman without paying their just and equal share for these municipal services. Other areas are not extensively developed, but given the current growth trends in the Bozeman area will be 245 attractive for development in the future. It is the policy of the City of Bozeman that properties outside of the City shall not be connected the City’s water and sewer system without annexation. The City of Bozeman will attempt to timely consider any property owner petition requesting annexation of land that is contiguous with the City and eligible for annexation in accordance with State statutes. Furthermore, the City of Bozeman plans to consider annexation of new subdivision developments in a timely manner whenever a developer submits a development proposal to the City for annexation. Figure 3-1 of the growth policy identifies those areas anticipated to be annexed over the horizon of the plan. The Sourdough Tank Annexation is within that expected expansion area. D. Petition(s) for Annexation The property owner submitted an appropriate petition for the City to annex into the City pursuant to MCA Title 7, Chapter 2, Part 46. The standard City application form was used. The petitioner also provided the City with the additional materials required with the annexation submittal checklist. E. Municipal Services to Annexed Land 1. It is the plan of the City of Bozeman that municipal services will be available to property that is annexed within a reasonable time (generally not to exceed five years) on substantially the same basis and in the same manner as such services are available to the rest of the municipality. General governmental services will be available immediately upon annexation. Water service is already available. Sewer services are not required for the existing use and will be made available when extended to the surrounding area. 2. The property owner located in a newly annexed area will be required to comply with all City, State, and Federal laws, statutes, regulations, ordinances, and resolutions, including but not limited to, zoning, building codes, fire prevention ordinance and fire codes, fireworks ordinances, dog license ordinance, business license ordinance, and all other laws, statutes, regulations, ordinances, and resolutions. F. General Policies for Providing Services to Annexed Property 1. The City plans to generally provide municipal services of police, fire, street maintenance, parks and recreation and all general administrative services of the City of Bozeman to annexed property immediately upon annexation. The financial cost of extending such services shall 246 generally be shared by the entire municipality through municipal revenues allocated and expended pursuant to the City’s annual budget adopted each fiscal year. No new Citywide bond issue is planned for the sole purpose of financing provision of municipal services to annexed areas. Parcels annexed into the City will be required to enter into the Citywide Street Maintenance District and may be required to enter into an existing or future street lighting district, or other such district established. Parcels annexed into the City which are benefitted by previous specific facilities shall contribute proportionately to the cost of constructing and maintaining those facilities. 2. The developer(s) or property owner(s) of annexed property will be required to construct all infrastructure improvements, including but not limited to: water lines, sewer lines, fire hydrants, reservoirs, pump stations, lift stations, culverts, drainage systems, roadways, sidewalks, street lighting, traffic control devices, street name signs, and such other improvements as may be required by the City, at the developer’s or property owner’s expense. The infrastructure improvements will be constructed in accordance with the City of Bozeman Subdivision Regulations, City of Bozeman Specifications, and the most recent edition of the Montana Public Works Standard Specifications. The infrastructure improvements shall be in compliance with applicable codes and standards and be of adequate size and design to accommodate the needs of the proposed development. All proposed infrastructure shall be reviewed and approved by the City Public Works Director, and as-built drawings as required by the City Public Works Director shall be submitted to the City prior to final acceptance of the infrastructure. 3. The developer(s) or property owner(s) shall be responsible for providing fire protection appurtenances and required water flow pressures and volume, at the developer’s or property owner’s expense, as required by the applicable Fire Code enforced by the City and reviewed and approved by the City Fire Chief, based on the use of land and the type of construction employed. 4. Sewer systems shall be designed in such a manner as to avoid the requirement for lift stations if feasible. 5. Properties proposed for development in areas which do not have immediate access to City water and/or sewer, but where services are in close proximity may be required to install dry sewer lines in anticipation of the extension of City water and sewer into the area within a reasonable time, generally not to exceed five years. Once adequate water and sewer facilities are within 200 feet of the site, or if a new subdivision lot is within 500 feet of City water and sewer, connection may be required at the property owner’s or developer’s expense. 6. As new City streets are constructed, and as existing streets are improved, storm drainage infrastructure shall be installed or improved to City, State Department of Environmental Quality (DEQ), and Environmental Protection Agency (EPA) standards. It is the responsibility of the developer(s) or property owner(s) to convey storm water from their property to an appropriate point of disposal as approved by the City Engineer. If there is no storm sewer conveyance system 247 available to the site, storm water generated as a result of the development shall be retained on site in accordance with applicable DEQ and EPA regulations. Generally, the quantity and rate of runoff from a developed parcel cannot exceed that which would occur had the property remained undeveloped. 7. The developer(s) or property owner(s) shall provide all necessary right-of-way and/or easements, or additional right-of-way or easements if less than adequate right-of-way or easements exist in property proposed for annexation. Adequate right of way exists to access the annexed parcel. If Sourdough Road is expanded additional right of way will be provided. 8. In areas served by the City water system, the City may require the developer(s) or property owner(s) to properly abandon existing wells in accordance with DEQ regulations by qualified personnel. Furthermore, the City may require existing water rights to be transferred to the City. G. Policies for Providing Services in Existing Developed Areas 1. As a general policy, property that is proposed for annexation that has existing infrastructure shall be required to upgrade the infrastructure to City standards as a condition of annexation. The existing development of the site does not require upgrade to existing municipal service to the property. H. Off-Site Infrastructure Requirements 1. In the event that annexation creates impacts requiring off-site infrastructure improvements, the developer(s) or property owner(s) of the property proposed for annexation will be responsible for bearing the costs of such improvements, unless otherwise determined by the City Commission. 2. The City may require reimbursement from a developer(s) or property owner(s) for City financed infrastructure that was installed in anticipation of future development on property that is proposed for annexation. 3. It shall be the responsibility of the developer(s) or property owner(s) to extend all roadways and utilities from the existing City facilities to the site of development in accordance with all City standards and specifications, including the provision for appropriate easements. It shall further be the responsibility of the developer(s) or property owner(s) to construct all streets and utilities to the furthest boundary of the property to be developed or annexed when it is deemed appropriate by the City Commission or City Engineer in order to facilitate future development. 248 I. Special Improvement Districts The City Commission, in its discretion, may approve the formation of a Special Improvement District to pay for the installation, construction and upgrading of infrastructure improvements. The boundaries of the Special Improvement District shall by the area benefiting from the improvements in accordance with the laws of the State of Montana. J. Payback Agreement If a developer(s) or property owner(s) of property annexed pays the entire cost of infrastructure improvements, and such improvements will benefit other property that may be developed or annexed in the future, the City Commission may, in its discretion, authorize a Payback Agreement. The Payback Agreement may provide that developer(s) or property owner(s) that connect to the infrastructure improvements in the future shall reimburse the developer(s) or property owner(s) that initially paid for the improvement a portion of the cost of the improvement. The Payback Agreement shall include a method of calculating the amount of reimbursement. The method of reimbursement may be based upon lot size, front footage, or other means that the City Commission deems reasonable. The payback period shall not exceed 10 years from the date of completion of construction or installation of the improvement. The Payback Agreement shall set forth the specific area that may benefit from the improvement and that will be subject to the Payback Agreement. The costs that may be reimbursed under a Payback Agreement may include engineering, design and inspection fees. Any and all terms and conditions of a Payback Agreement are subject to approval by the City Commission. K. Transition Plan If a county, special district, or improvement district currently provides services to the area to be annexed, the plan must provide specific steps for the orderly transfer of those services, including police protection, fire protection, garbage collection, street and street maintenance services, and utility services. The plan for the transfer of services must be developed in consultation with the governing body of the county and with any other departments of the county, special districts, or improvement districts that have been providing services to the area proposed to be annexed. Gallatin County was notified of the proposed annexation on December 31, 2015. No special district or improvement district services are provided except for fire protection. The City and Sourdough fire district have a mutual aid agreement which covers this site. This will not change. Upon approval of the annexation the 911 system will be informed of the change in primary jurisdiction and the 911 system database will be updated. The resolution of annexation will have an effective date of February 23, 2016 which is adequate to allow 911 to make the adjustment in dispatch priority. No comments on the annexation have been received from Gallatin County. 249 250 Page 1 of 4 ORDINANCE NO. 1933 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY DESIGNATE 11.663 ACRES TO PUBLIC LANDS AND INSTITUTIONS (PLI) DISTRICT AT 4330 SOURDOUGH ROAD INCLUDING ADJACENT PUBLIC RIGHT OF WAY. 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 District) for approximately 11.663 acres of the property has been properly submitted, reviewed and advertised; and WHEREAS, the Bozeman Zoning Commission held a public hearing on January 19, 2016, to receive and review all written and oral testimony on the request for a zone map amendment; and 251 Ordinance No. 1933, The Sourdough Water Tank Annexation Zone Map Amendment Page 2 of 4 WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City Commission that the zone map amendment be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on February 8, 2016, 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): A tract of land situated in the NW1/4 SW1/4 of Section 29 and the NE1/4 SE1/4 of Section 30, Township 2 South Range 6 East, Gallatin County, Montana, Montana, being more fully bounded and described as follows: Beginning at the East 1/4 corner of said Section 29; thence along the E-W mid-section line of said Section 29 N89°52'00"E 660.00 feet to the NE corner of Tract 12B of Certificate of Survey No. 350J; thence along the west line of said certificate of survey S00°00'00"E 721.54 feet to a point on the south line of the dedicated road right-of-way as shown on the Sourdough Hills Subdivision; thence along said right-of-way line S89°59'58"W 705.00 feet to a point on the west right-of-way line of Sourdough Road; thence along said right-of-way line N00°00'00"W 719.91 feet to a point of the E-W mid-section line of said section 29 extended; thence along said line N89°52'00"E 45.00 feet to the point of beginning. Said Tract being 11.663 acres. Said tracts containing in area 11.663 acres. SUBJECT to all easements of record or apparent from a visual inspection of the property. 252 Ordinance No. 1933, The Sourdough Water Tank Annexation Zone Map Amendment Page 3 of 4 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 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.” 253 Ordinance No. 1933, The Sourdough Water Tank Annexation Zone Map Amendment Page 4 of 4 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 8th day of February 2016. ____________________________________ CARSON TAYLOR Mayor ATTEST: ____________________________________ STACY ULMEN, CMC City Clerk 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 22nd day of February 2016. The effective date of this ordinance is March 23, 2016. _________________________________ CARSON TAYLOR Mayor ATTEST: _________________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 254 255 260 261 262 263 264 265 266 267 268 269