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HomeMy WebLinkAbout7_Annexation_Narrative 010521ANNEXATION PROJECT NARRATIVE PROJECT OVERVIEW: This project proposes annexation of a 10.071-acre parcel of land for future development as a residential and mixed use subdivision under REMU zoning guidelines per City of Bozeman regulations. The subject property is contiguous to the City of Bozeman and currently contains agricultural fields and one single family residence. The subject property is a suitable candidate for annexation into the City of Bozeman due to its proximity to City Limits and availability of City of Bozeman services for extension onto the property. The surrounding properties to the subject property follow City of Bozeman guidelines for subdivisions. Cattail Creek and Cattail Properties Subdivisions are located to the north of the subject property. West Winds Subdivision is located across Baxter to the south, Willow Springs and Baxter Square subdivision to the east, and Baxter Meadows subdivision is located across Davis Lane to the west of the subject property. These surrounding properties are urban mixed density residential subdivisions within City of Bozeman limits. Properties directly abutting the subject property to the south and west fall within city of Bozeman zoning designations of Community Business (B-2). Properties immediately to the east are Gallatin County jurisdiction with county zoning designation as Agricultural Suburban (AS) with a single-family residence and are proposed as future city of Bozeman zoning Public Lands and Institutions District (PLI). Currently the abutting property to the north is Agricultural Suburban (AS). Vehicular access is currently provided to the property from Davis Lane, which facilitates direct connectivity to Baxter Lane to the south and Cattail Street to the north. The subject property is a part of the North 19th and Baxter Intersection Payback district. Two points of secondary access can be provided with the potential extension of two local streets: 1) Equestrian Lane located to the west could be extended east across the northern part of the 10.071 acre proposed project and 2) Windward Avenue located to the south could be extended towards the north. Municipal water mains can be extended onto the property from the existing 12-inch main line to the south near the intersection of Davis Lane and Baxter Lane. To help facilitate a looped water main system and equalize pressure distribution secondary water lines can be extended to the property from Equestrian Lane to the west or continued north from Windward Avenue. The subject property is identified as a part of the Meadow Creek Subdivision Sewer Payback district. An existing 24-inch PVC sanitary sewer main installed in 2006 within the Davis Lane ROW can be extended to serve the subject property. SECTION ONE: GOALS 1. The City of Bozeman encourages annexation of land contiguous to the City. Acknowledged, the subject property is adjacent to the major Baxter Meadows Subdivision Phase 2B, across Davis Lane to the west and City limits to the west and south. 2. The City encourages all areas that are totally surrounded by the City to annex. Acknowledged. 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. Acknowledged, the subject property is not currently contracting with the City for services. 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, any land proposed for development that proposes to utilize municipal water or sewer systems. The subject property falls within the municipal facility planning area. Future development will require connection to the City’s facilities. 5. The City encourages annexations within the urban area identified on the future land use map in the current Bozeman Growth Policy. The subject property falls within the urban planning area of the Bozeman Growth Policy. 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. The subject property is near recently annexed properties that are planned subdivisions and to the south an existing City boundary. 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. Development of the subject property will require extension of existing roadways. 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. Acknowledged, the proposed annexation includes 10.07 acres of land. 9. The City seeks to obtain water rights adequate for future development of the property with annexation. Acknowledged, water rights or cash-in-lieu thereof will be provided prior to development. 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. Acknowledged. 2. Issues pertaining to master planning and zoning must be addressed prior to or in conjunction with the application for annexation. Acknowledged. 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 proposed residential zoning classifications are compatible with the 2020 Community Plan adopted by the Bozeman City Commission. 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. Preferred zoning classifications are identified on the Zone Map Amendment application submitted for concurrent review with this annexation. 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. Acknowledged 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, water rights or cash-in-lieu thereof will be provided prior to development. 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. The subject property is located within the City’s facility planning area with sanitary sewer service to be provided via the drainage basin defined in the City Wastewater Collection Facilities Plan. 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. The subject property is not currently provided with city services and will not require said services until annexation has been finalized and preliminary plat entitlements have been granted. 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. A draft annexation and zoning map is included with this application. The subject property is described as: N1/2, SW1/4, SW1/4, SW1/4, and the S1/2, NW1/4, SW1/4, SW1/4 LOCATED IN SECTION 35, T. 1S, R.5E, M.P.M., Gallatin County, Montana, according to the official survey thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana 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 coordinated 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. Notice for annexation and zone map amendment will be completed as required by state statute and Bozeman Municipal code 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. This annexation application is submitted by written petition signed by 100% of the registered electors residing in the proposed annexation area. 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 approved 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 applicant acknowledges that the City will require connection to and use of City services upon development of the annexed property. The five existing wells found on the property will be disconnected from the existing structures and either be abandoned or used for irrigation purposes only. The existing single use residential septic system will be disconnected from any structures and abandoned upon further development of the land.