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HomeMy WebLinkAbout004 Annexation Goals & Policies Narrative Page 1 of 6 Thomas Drive Annexation Annexation Goals and Policies Narrative THOMAS DRIVE ANNEXATION ANNEXATION GOALS AND POLICIES NARRATIVE GOALS 1. The City of Bozeman encourages annexations of land contiguous to the City. Response: The proposed annexation is contiguous to the City of Bozeman on north, south, and east sides of the parcel. 2. The City encourages all areas that are totally surrounded by the City to annex. Response: The subject property is surrounded by the City on the north, south, and east portions of the property. 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. Response: The subject property is not currently contracting with the City for municipal services. However, public infrastructure is available within the future Thomas Drive public right-of-way. 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. Response: The subject properties lie within the service boundaries for water and sewer service. 5. The City encourages annexations within the urban area identified on the future land use map in the current Bozeman Growth Policy. Response: The proposed annexation lies within the urban area identified on the future land use map in the current 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. Response: The proposed annexation will create a more regular boundary by filling in a gap of currently unannexed land. Page 2 of 6 Thomas Drive Annexation Annexation Goals and Policies Narrative 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. Response: Thomas Drive right-of-way lies directly east of the proposed annexation and continues south from the intersection of N. 27th Ave. and Cattail St. Road improvements to Thomas Dr. will occur with the future development of the subject property and will connect the paved intersection of N. 27th Ave. and Cattail St. to the future development. Additional right-of-way may be required to provide for full width right-of-ways and access to future development. 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. Response: The total area of the parcel to be annexed is 15 acres. 9. The City seeks to obtain water rights adequate for future development of the property with annexation. Response: The applicant acknowledges this goal. 10. The City of Bozeman encourages annexations for City provision of clean treated water and sanitary sewer. Response: The proposed annexation is not currently served by City water or sewer. There is one existing home located within the proposed annexation. It is likely the existing home will be removed for the efficient development of the property. All future development within the proposed annexation will utilize City water and sewer. 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. Response: The applicant acknowledges this policy and is willing to provide any required right of way and sign Waiver(s) of Right to Protest the Creation of Special or Improvements agreement upon annexation. Page 3 of 6 Thomas Drive Annexation Annexation Goals and Policies Narrative 2. Issues pertaining to master planning and zoning must be addressed prior to or in conjunction with the application for annexation. Response: An initial zone map amendment is being submitted in conjunction with the annexation application. The proposed zoning for the subject properties is Residential Mixed-Use (REMU). Please refer to the zone map amendment application narrative for more information. 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. Response: The application for annexation is in compliance with the current Bozeman Growth Policy. A Growth Policy Amendment is not required. 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. Response: The applicant acknowledges this policy. The applicant proposes a zoning designation of REMU for the property upon annexation. Please refer to the zone map amendment application narrative for supporting documentation as to why the property should be designated REMU. 5. The applicant must indicate their preferred zoning classification as part of the annexation petition. Response: REMU zoning is proposed. 6. Fees for annexation processing will be established by the City Commission. Response: The applicant acknowledges this policy. 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. Response: The main access to the proposed annexation will be from Thomas Dr. Road improvements of Thomas Dr. will occur with the development of the subject property and will comply with City street standards. The afore-mentioned road improvements will connect the paved intersection of N. 27th Ave. and Cattail St. to the future development. Page 4 of 6 Thomas Drive Annexation Annexation Goals and Policies Narrative 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. Response: The applicant acknowledges this policy. 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. Response: The applicant acknowledges this policy. In the event the City determines adequate emergency services cannot be provided to ensure public health, safety and welfare, the property owner will provide a written plan for accommodation of these services. 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. Response: The applicant does not request to utilize the emergency provision to connect any contiguous unannexed property. Sewer and water stubs currently exist in the Cattail Properties Subdivision located directly north of the unannexed parcel contiguous to the subject property. In addition, water and sewer mains are located in the Thomas Drive alignment for connection of future main extensions to serve the property. 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. Page 5 of 6 Thomas Drive Annexation Annexation Goals and Policies Narrative Response: Included in this application is an Annexation Map per the requirements outlined in the Annexation Application Checklist. 12. The mapping may be waived by the Director of Public Works. Response: A waiver to the map requirement is not being requested. 13. The City will assess system development/impact fees in accordance with Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code. Response: The applicant acknowledges this policy. 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. Response: The public notice will be completed as required. 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. Response: The applicant acknowledges this policy. 16. When possible, the use of Part 46 annexations is preferred. Response: The applicant acknowledges this policy. 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. Response: The applicant acknowledges this policy. 18. The City will notify the Gallatin County Planning Department and Fire District providing service to the area of applications for annexation. Response: The applicant acknowledges this policy. 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 Page 6 of 6 Thomas Drive Annexation Annexation Goals and Policies Narrative 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. Response: The applicant acknowledges this policy. END OF NARRATIVE