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HomeMy WebLinkAbout005 - ANNX & ZMA Narrative 1143 Stoneridge Drive • Suite 1 • Bozeman, Montana • Phone (406) 587-1115 • www.chengineers.com January 16, 2023 City of Bozeman Planning Department Alfred M. Stiff Professional Building 20 E Olive St Bozeman, Montana 59715 RE: Annexation and Initial Zone Map Amendment for 1805 and 1801 Willow Way, Bozeman MT, 59715; Tract 7 & 8 of Beatty’s Subdivision, S13, T02 S, R05 E Dear Planner, Please see the enclosed application requesting an Annexation (ANNX) and Initial Zone Map Amendment (ZMA) for the above referenced property. A review application, project narrative, zone map, annexation map and list of property adjoiners are included herein, which depict both the proposed residence and associated property amendments. ANNEXATION NARRATIVE Goals 1. The City of Bozeman encourages annexations of land contiguous to the City. The subject property is bordered by City limits on the southern boundary of Tract 8. 2. The City encourages all areas that are totally surrounded by the City to annex. The subject property is bordered by City limits on the southern boundary of Tract 8. 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. The subject property is part of the Hyalite Fire District, which contracts with the City for fire services 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, any land proposed for development that proposes to utilize municipal water or sewer systems. No new development proposed. 5. The City encourages annexations within the urban area identified on the future land use map in the current Bozeman Growth Policy. Beatty’s subdivision is characterized as an urban neighborhood on the future land use map of the Bozeman Growth Policy (finalized in 2020). 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. At this time the neighboring properties would not like to annex. 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 annexation and zoning amendment of this property will not negatively affect traffic patterns in the area. 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 lot sizes for Tracts 7 and 8 are 0.470 acres and 0.590 acres, respectively. 9. The City seeks to obtain water rights adequate for future development of the property with annexation. There is currently an onsite well on the property, pending approval the property will disconnect from the onsite well and connect to City water and sewer. 10. The City of Bozeman encourages annexations for City provision of clean treated water and sanitary sewer. The subject property will connect to City services for 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. The applicants understand this requirement. 2. Issues pertaining to master planning and zoning must be addressed prior to or in conjunction with the application for annexation. Per the included Zone Map Amendment application, the applicant proposes R-4 zoning in order to balance the character of the current area with the City of Bozeman growth policy priority of facilitating appropriate density. 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. No Growth Policy Amendment is necessary to accommodate the anticipated uses, which are strictly residential. 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. The applicant is proposing R-4 zoning and will provide any additional justification requested by the City Zoning Commission. 5. The applicant must indicate their preferred zoning classification as part of the annexation petition. The applicant is proposing R-4 zoning and will provide any additional justification requested by the City Zoning Commission. 6. Fees for annexation processing will be established by the City Commission. This requirement is understood by the applicant. 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. There are no unpaved access roads to the property. 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. The applicant understands this requirement and can work with the City to provide water to the property in a way that is agreeable to both parties and in accordance with section 38.410.130 of Bozeman Municipal Code. 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 properties are directly adjacent to Bozeman City limits to the south and the area in which the subject properties exists are fully surrounded by City limits, there is no expectation of traffic flow being negatively affected by the annexation. 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. No City services are currently being provided to the property. Connection to City services will be requested upon annexation. While no emergency exists, Tracts 7 & 8 relies on a failed septic system which currently requires monthly pumping. 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. This requirement is understood by the applicant. 12. The mapping may be waived by the Director of Public Works. This is understood by the applicant. 13. The City will assess system development/impact fees in accordance with Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code. This requirement is understood by the applicant. 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. This requirement is understood by the applicant. 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. This requirement is understood by the applicant. 16. When possible, the use of Part 46 annexations is preferred. The owners of the two properties would like to annex into the City of Bozeman 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. There is no road improvement district to which the property owners contribute. 18. The City will notify the Gallatin County Planning Department and Fire District providing service to the area of applications for annexation. This is understood by the applicant. 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. This requirement is understood by the applicant. ZMA NARRATIVE a. Is the new zoning designed in accordance with the growth policy? How? Yes, the change from R-S to R-4 will allow the property to function as a residential high- density district is to provide for one- and two-household residential development at urban densities within the City in areas that present few or no development constraints. b. Will the new zoning secure safety from fire and other dangers? How? R-4 zoning will maintain safety from fire and other dangers because any future structures enabled as a result of the new zoning will be built within the boundaries of existing large neighborhoods (not on the urban-wildland interface, thus minimizing wildfire risk) and well outside of any current and proposed-to-be-changed floodplains. c. Will the new zoning promote public health, safety and welfare? How? The requested R-4 zoning will promote public health, safety and welfare by ensuring that no new dwellings are built on the property without these dwellings having direct street access. Which can be a limiting factor for public safety services. d. Will the new zoning facilitate the adequate provisions of transportation, water, sewage, schools, parks and other public requirements? How? Currently, there exists one dwelling unit on each lot of the subject area for a total of two units. The impact of the zoning change from R-S to R-4 will have no immediate effect on an area surrounding the parcels. The request for annexation and zoning of the two parcels to R-4 is to allow for access to the City’s sanitary sewer and water networks. R-4 is requested to allow for conformity with the adjacent and nearby zoning. e. Will the new zoning provide reasonable provision of adequate light and air? How? There is no demonstrable difference in light and air provision between the current R-S designation and the proposed R-4 zoning, any lighting requirements for dwellings that do or will exist will be equally applied to all dwellings. f. Will the new zoning have an effect on motorize and non-motorized transportation systems? How? There will no change to the traffic patterns of motorized and non-motorized transportation in this area due to a change in the zoning designation of this property. g. Does the new zoning promote compatible urban growth? How? Yes, the change from R-S to R-4 zoning promotes urban growth compatible with the surrounding neighborhoods by striking a balance of slightly increasing density while not opening the door to possible dwelling types that are wholly different from the current neighborhoods. h. Does the new zoning promote the character of the district? How? The proposed R-4 zoning is fairly typical of zoning in the immediate vicinity of the subject properties. The Beatty’s Alder Court Subdivision to the west is designated as R-2, but the zoning surrounding much of the north, west, and south boundaries of the subdivision are designated R-4. Much of the zoning in the area surrounding the two subject properties is currently designated R-4 and various business and residential mixed-use districts of equal or higher density. We believe that our request to change zoning to R-4 is consistent with the character of the district by matching zoning designation to surrounding properties. i. Does the new zoning address the affected area’s peculiar suitability for particular uses? How? Yes, given the need for diverse housing options, the proposed R-4 zoning will maximize the specific characteristics of the subject property that make it suitable for additional future dwellings units. j. Was the new zoning adopted with a view of conserving the values of buildings? How? Yes, the new zoning designation for this property will conserve and increase the values of surrounding properties by encouraging the development of a vibrant and diverse neighborhood. k. How does the new zoning encourage the most appropriate use of land throughout the jurisdictional area? How? The current Growth Policy categorizes the Beatty’s Subdivision and surrounding areas as urban neighborhood, and R-4 zoning will facilitate appropriate use of land by encouraging a diversity of housing types, increasing density, supporting infill, and becoming uniform with adjacent zoning districts. These are all priorities of the Growth Policy and many other City plans and goals.