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2304 N. 7 TH AVENUE | S UITE L | BOZEMAN , MT 5 9715 | (406) 587 -2781
Professional Consulting Engineers and Land Surveyors
Equal Opportunity Employer | www.hyaliteeng.com
March 2, 2022
City of Bozeman Planning
Alfred M. Stiff Professional Building
PO Box 1230
Attn: Chris Saunders
RE: Davis Lane Property
Annexation and Zoning Application
Bozeman, Gallatin County, Montana
Dear Chris:
Hyalite Engineers, on behalf of S&S Davis LLC, are pleased to provide you with an annexation and zoning
application for 6590 Davis Lane located east of Davis Lane and north of Baxter Lane in Bozeman, MT. The
proposed development is still in early design and many aspects of the project are not determined yet. The
proposed project will be consistent with the City of Bozeman Growth Policy, as well as the surrounding
need of the community.
The following are responses to the requirements stated in the Annexation Application Checklist:
Section One: Goals
1) The City of Bozeman encourages annexations of land contiguous to the City.
- The proposed project is contiguous to the City of Bozeman, as the current City limits are on the
western property line of this parcel.
2) The City encourages all areas that are totally surrounded by the City to annex.
- The City of Bozeman does partially surround the proposed project; however, there are adjacent
properties that are not included in the city.
3) The City encourages all properties currently contracting with the City for City services such as water,
sanitary sewer, and/or fire protection to annex.
- This project will connect to City services including water, sanitary sewer, and fire protection.
4) The City of Bozeman requires annexation of all land proposed for development lying within the
existing and planned service area of the municipal water and sewer systems as depicted in their
respective facility plans, and land proposed for development that proposes to utilize municipal water
or sewer systems.
- This project will utilize the City’s municipal water and sewer systems. City water and sewer is
located west of the property and the intent is to connect to these existing utilities to serve the
proposed development.
5) The City encourages annexations within the urban area identified on the future land use map in the
current Bozeman Growth Policy.
- This project will be consistent with the City of Bozeman Growth Policy and will meet the future
land use designation. The adjacent properties are being developed as an urban area and the
proposed land use for this development will follow the growth pattern designed by the City.
6) The City of Bozeman encourages annexations to make the City boundaries more regular rather than
creating irregular extensions which leave unannexed gaps between annexed areas or islands of
annexed or unannexed land.
- This project will not create an island of annexed land surrounded by unannexed land, but is
matching the surrounding area and direction of growth within the city.
7) The City of Bozeman encourages annexations which will enhance the existing traffic circulation
system or provide for circulation systems that do not exist at the present time.
- The project will connect to an existing traffic system with all traffic being added to Davis Lane. No
changes are anticipated to the existing traffic system and no issues with circulation of traffic are
anticipated. The project will enhance the existing Davis Lane frontage along the lot by eventually
filling in (piping) the ditch and providing an expanded roadway.
8) The City prefers annexation of parcels of land larger than five (5) acres in size, but will allow
annexation of smaller parcels if factors such as topographic limitations, sanitary disposal needs, fire
access, maintenance of public facilities, etc., justify a smaller annexation.
- The proposed project is larger than five acres in size (8.56 Acres).
9) The City seeks to obtain water rights adequate for future development of the property with
annexation.
- No water rights currently exist with this property; therefore, City water rights will be utilized.
10) The City of Bozeman encourages annexations for City provision of clean treated water and sanitary
sewer.
- Acknowledged.
Section Two: Policies
1) Annexations must include dedication of all easements for rights-of-way for collector and arterial
streets, adjacent local streets, public water, sanitary sewer, or storm or sewer mains, and Class I
public trails not within the right of way for arterial or collector streets. Annexations must also include
waivers of right to protest the creation of special or improvement districts necessary to provide the
essential services for future development of the City.
- The annexation will include dedication of all easements, rights-of-way, and waivers of right to
protest the creation of improvements. The applicant will work with the City staff to ensure that all
of these items are secured in the annexation agreement prior to the City Commission hearing.
2) Issues pertaining to master planning and zoning must be addressed prior to or in conjunction with the
application for annexation.
- Master planning and zoning will be addressed with this proposed development. The growth policy
supports providing a variety of housing options, employment, and transportation options which
will be addressed with this development. The future growth patterns that are envisioned by the
City will occur and enhance the compatibility of the surrounding areas.
3) The application for annexation must be in conformance with the current Bozeman Growth Policy. If a
Growth Policy Amendment is necessary to accommodate anticipated uses, the amendment process
must be initiated by the property owner and completed prior to any action for approval of the
application for annexation.
- The annexation is in conformance with the current Bozeman Growth Policy.
4) Initial zoning classification of the property to be annexed will be determined by the City Commission,
in compliance with the Bozeman Growth Policy and upon a recommendation of the City Zoning
Commission, simultaneously with review of the annexation petition.
- Acknowledged.
5) The applicant must indicate their preferred zoning classification as part of the annexation petition.
- The preferred zoning for this development is B-2M, to match the City land use/growth policy as
well as to meet the intended development of the property.
6) Fees for annexation processing will be established by the City Commission.
- Acknowledged.
7) It is the 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 unless the landowner proposes a
method to provide for construction of the road to the City’s street standards.
- The proposed development will not be accessed by unpaved county roads. The property will be
accessed by Davis Lane, which is a paved city road which will be expanded and improved as
noted previously.
8) Prior to annexation of property, the City will require the property owner to acquire adequate and
useable water rights, or an appropriate fee in lieu thereof, in accordance with Section 38.410.130 of
the municipal code, as amended.
- Acknowledged.
9) Infrastructure and emergency services for an area proposed for annexation will be reviewed for the
health, safety and welfare of the public and conformance with the City’s adopted facility plans. If the
City determines adequate services cannot be provided to ensure public health, safety and welfare,
the City may require the property owner to provide a written plan for accommodation of these
services, or the City may reject the petition for annexation. Additionally, the parcel to be annexed may
only be provided sanitary sewer service via the applicable drainage basin defined in the City
Wastewater Collection Facilities Plan.
- Acknowledged.
10) The City may require annexation of any contiguous property for which city services are requested or
for which city services are currently being provided. In addition, any person, firm, or corporation
receiving water or sewer service outside of the City limits is required as a condition of initiating or
continuing such service, to consent to annexation of the property serviced by the City. The City
Manager may enter into an agreement with a property owner for connection to the City’s sanitary
sewer or water system in an emergency conditioned upon the submittal by the property owner of a
petition for annexation and filing of a notice of consent to annexation with the Gallatin County Clerk
and Recorder’s Office. The contract for connection to city sewer and/or water must require the
property owner to annex or consent to disconnection of the services. Connection for purposes of
obtaining City sewer services in an emergency requires, when feasible as determined by the City, the
connection to City water services.
- Acknowledged.
11) The annexation application shall be accompanied by mapping to meet the requirements of the
Director of Public Works. Where an area to be annexed can be entirely described by reference to a
certificate of survey or subdivision plat on file with the Gallatin County Clerk and Recorder.
- The annexation is accompanied by a map showing the legal description and legal limits of the
property.
12) The mapping may be waived by the Director of Public Works.
- Acknowledged.
13) The City will assess system development/impact fees in accordance with Montana law and Chapter
2, Article 6, Division 9, Bozeman Municipal Code.
- Acknowledged.
14) Public notice requirements: Notice for annexation of property must be coordained with the required
notice for the zone map amendment required with all annexation. The zone map amendment notice
must contain the materials required by 38.220.410, BMC.
- Applicable public notices will be coordinated with City Planning.
15) Annexation agreements must be executed and returned to the City within 60 days of distribution of
the annexation agreement by the City, unless another time is specifically identified by the City
Commission.
- Acknowledged.
16) When possible, the use of Part 46 annexations is preferred.
- Acknowledged.
17) Where a road improvement district has been created, the annexation does not repeal the creation of
the district. The City will not assume operations of the district until the entirety of the district has been
annexed. Any funds held in trust for the district will be used to benefit the district after transfer to the
City. Inclusion within a district does not lessen the obligation to participate in general city programs
that address the same subject.
- Acknowledged.
18) The City will notify the Gallatin County Planning Department and Fire District providing service to the
area of applications for annexation.
- Acknowledged.
19) The City will require connection to and use of all City services upon development of annexed
properties. The City may establish a fixed time frame for connection to municipal utilities. Upon
development, unless otherwise approved by the City, septic systems must be properly abandoned
and the development connected to the City sanitary sewer system. Upon development, unless
otherwise approve by the City, water wells on the subject property may be used for irrigation, but any
potable uses must be supplied from the City water distribution system and any wells disconnected
from structures. The property owner must contact the City Water and Sewer Superintendent to verify
disconnects of wells and septic systems.
- The landowner acknowledges that upon development, City utilities will be utilized and connected
to within a reasonable time frame.
The following are responses to the requirements stated in the Zone Map Amendment Checklist:
a. Is the new zoning designed in accordance with the growth policy? How?
- Yes, the new zoning proposed with this development is in accordance with the growth policy.
Properties in the surrounding area are similarly zoned and the City of Bozeman has multiple
areas throughout the city designated as B-2M. The proposed zoning will provide for a variety of
housing types and land uses, and follows the goal of an urban-scale development with a diverse
mixture of possible uses. The B-2M designation can help to absorb a portion of the growth that is
projected for the City. The properties anticipated development pattern is in accordance with many
objectives of community planning. This includes promoting mixed-use developments and higher
density areas.
b. Will the new zoning secure safety from fire and other dangers? How?
- Yes, the subject property will be served by the City of Bozeman Fire and Police Departments and
designed accordingly. Future development of the property will be required to conform to all City of
Bozeman public safety, building, and land use requirements.
c. Will the new zoning promote public health, safety and welfare? How?
- Yes, the proposed site will require compliance with the City’s Unified Development Code which
ensures the promotion of public health, safety, and general welfare.
d. Will the new zoning facilitate the adequate provisions of transportation, water, sewage, schools, parks
and other public requirements? How?
- Yes, the development will allow the City to consider existing conditions and identify
enhancements needed to provide additional services needed by the new development. The
proposed zoning will enable intensive development, along with a wide range of uses. This
development will include connecting to the existing transportation network, as well as City water
and sewage.
e. Will the new zoning provide reasonable provision of adequate light and air? How?
- Yes, the Unified Development Code incudes requirements for adequate light and air. The
development of this property will be subject to these and will meet them.
f. Will the new zoning have an effect on motorize and non-motorized transportation systems? How?
- Yes, the new development will add traffic to the existing traffic system. These effects will be
evaluated with the design and any recommendations the City has will be addressed with this
project.
g. Does the new zoning promote compatible urban growth? How?
- Yes, the Bozeman Community Plan established preferred development patterns. This
development is consistent with this plan and matches many of the existing and proposed zoned
areas surrounding this proposed project site.
h. Does the new zoning promote the character of the district? How?
- Yes, the character of the district will be maintained with this development. It will match many of
the developed areas around the project and this proposed zoning will allow for this characteristic
to be maintained in the surrounding area.
i. Does the new zoning address the affected area’s peculiar suitability for particular uses? How?
- Yes, the proposed land uses with this development match the suitability of the affected area. The
property is suitable for the developments associated with this zoning designation. There are no
constraints related to floodplains, human-wildlife conflict, steep slopes or any other hazards.
j. Was the new zoning adopted with a view of conserving the values of buildings? How?
- Neutral, as there are AN EXISTING HOUSE AND GARAGE located on the property. These will
be removed when the property is developed, but this was anticipated when the property
develops. Any new buildings constructed on the site will be done so with this in mind.
k. How does the new zoning encourage the most appropriate use of land throughout the jurisdictional
area? How?
- The Bozeman Community Plan shows the most appropriate use of land. Zoning this property as
B-2M is the most appropriate type of development for this property to be able to maximize the
mixed-use district towards the integration of multi-household residential within the City.
Included is a review fee check in the amount of $2,122 for the application. I hope that the enclosed
information allows you to approve this submittal. If for any reason you have questions or need any
additional information during the review of this project, please call me at (406) 587-2781 or send an email to
bmegaard@hyaliteeng.com .
Sincerely,
Brett Megaard, P.E.
Project Manager