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HARPER’S CORNER Annexation and Zoning Application
Harper’s Corner Annexation
Tracts 1 & 2 of COS 408A (40.12 Acres)
Narrative and Overview
Executive Summary
This project is pursuing annexation into the City of Bozeman along with an initial zoning of R-4 for two
(2) parcels totaling approximately 40.12 acres. The two parcels are hereinafter referred to as the
Subject Property. The Subject Property is located on the east side of Hidden Valley Road and west of
Davis Lane. The properties currently lie completely within Gallatin County and are zoned AS
(Agricultural Suburban). The legal description is Tracts 1 and 2 of Certificate of Survey 408A, Section
27, Township 1 South, Range 5 East. The addresses are 1196 Hidden Valley Road and 1200 Hidden
Valley Road.
The City of Bozeman has recently been consulted regarding the availability of service (specifically
utility and access) to the Subject Property. Based on these discussions and a recent update of the
City of Bozeman wastewater master plan, it is understood that services are available. The Subject
Property is located within the newly created sewer drainage basin for the Valley Center Lift Station.
Access and water are available from the east.
Project Overview
The Owner is requesting a zoning designation of R-4 (Residential High Density). The Subject
Property is adjacent to (on the west side of) a recent annexation of eighty-six acres with designated
zoning of REMU (Residential Emphasis Mixed-Use). Another recent City annexation of 114.69 acres
north of the Subject Property was completed with designated zoning of REMU (see attached Vicinity
Map for more detail). The Subject Property has been designated as Urban Neighborhood within the
Future Land Use Map incorporated into the City’s Community Plan.
Responses to Annexation & Zone Map Criteria
The applicant understands that the annexation of property is subject to the goals and policies
established by Commission Resolution No. 4400. These goals and policies are outlined and
addressed individually below. Annexation and Zone Map exhibits are included with the application for
reference.
Section One: Annexation 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 eastern property line of this parcel. The property to the east is
Parcel 3 of COS 3035 (86 acres).
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HARPER’S CORNER Annexation and Zoning Application
2) The City encourages all areas that are totally surrounded by the City to annex.
- The property is not completely surrounded by the City. The City of Bozeman is
located to the east of the subject 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.
- This project will connect to City services including water, sanitary sewer, and fire protection.
The existing buildings on the property are serviced by on-site water and sewer.
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 east of the property and the intent is to connect to these existing
utilities to serve a proposed future development. The property is also located within
the City’s newly updated wastewater basin which discharges to a newly planned
Valley Center Lift Station. The Subject Property can discharge sewer to this new
future lift station via several route options, being Hidden Valley Road or private
easement along the east side of the property.
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 lies within the urban area identified on the future land use
map. 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. City limits will be extended to the west as a result of the annexation of
the Subject Property, which falls within the urban area identified on the future
land use map. The extension is not irregular as it aligns roughly with the west
end of the City boundary to the south.
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 facilitate and enhance both east to west, and north to south traffic
connectivity and circulation. The site will connect Hidden Valley Road to Davis Lane
by ultimately extending Catamount Street to the west, such that traffic has a central
point of circulation and will not instead need to drive to Valley Center Road or Baxter
Lane to move east and west. This connection enhances access for the existing
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HARPER’S CORNER Annexation and Zoning Application
residents and also opens up connectivity options for future developments 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 proposed project is larger than five acres in size (40.12 Acres).
9) The City seeks to obtain water rights adequate for future development of the
property with annexation.
- Acknowledged. No water rights currently exist with this property other than a stock water
right (number 41H 362-00).
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. The annexation will dedicate the west half of the
future Ferguson Road (Collector) extension. The annexation will dedicate the north
half of the future Catamount Street (Minor Arterial) extension. The annexation will
include dedication of right-of-way for the east half of the Hidden Valley (Collector)
extension.
2) Issues pertaining to master planning and zoning must be addressed prior to or in
conjunction with the application for annexation.
- Preliminary master planning along with evaluation of availability of utilities and City
service has been addressed. The property will be provided access to the City from
the east. Direct access is also available via Hidden Valley Road. Sewer service will
be provided via the future Valley Center Lift Station. Water service will be provided
via main extension from the east. The property tentatively includes a variety of
residential housing options and transportation options. 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
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HARPER’S CORNER Annexation and Zoning Application
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. The application is requesting an R-4 zoning for the entire property.
5) The applicant must indicate their preferred zoning classification as part of the annexation
petition.
- The preferred zoning for this development is R-4, 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. The Owner is paying the required annexation fees.
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 Hidden Valley Road (existing paved road) and
Catamount Street (proposed City road extension).
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.
- The applicable drainage basin for sanitary sewer was recently updated and approved by the
City Commission. This update created a new basin and planned for a new lift station (the
Valley Center Lift Station) located north of the project site. This new basin can accommodate
development on this parcel. Sewer service to the lift station can be achieved via multiple
different routes, all of which have been discussed in detail with the City Engineering
Department, in coordination with the adjacent development to the east (86 acres). Water and
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HARPER’S CORNER Annexation and Zoning Application
access can be provided from the east (Davis Lane). Emergency services can also be
provided to the property.
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. This annexation can be entirely described by reference to a
certificate of survey.
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 notice 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. A part 46 annexation is being used.
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HARPER’S CORNER Annexation and Zoning Application
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. Per the City’s GIS website, there are currently no road improvements districts
within the vicinity of the Subject Property.
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 landowner acknowledges that upon development, City utilities will be utilized
and connected to within a reasonable time frame. Two septic systems are located
on the properties which will be properly abandoned.
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 R-4. 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 R-4
designation can help to absorb a portion of the growth that is projected for the City.
The property’s 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.
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HARPER’S CORNER Annexation and Zoning Application
c. Will the new zoning promote public health, safety and welfare? How?
- Yes, the proposed site will ensure the promotion of public health, safety, and
general welfare. This project will help facilitate City sewer and water main
extensions, which ultimately will help connect additional properties to City utility
service, and eliminate on-site septic systems and drainfields in the area.
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 consideration of existing conditions and
identification of enhancements warranted to provide additional services needed by
the new development. The proposed zoning will enable needed residential
development for this area of the City. 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, City regulations include requirements for adequate light and air. The
development of this property will be subject to these requirements.
f. Will the new zoning have an effect on motorized and non-motorized transportation systems?
How?
- The development will include provisions for non-motorized transportation routes
throughout the Subject Property including pedestrian trails. The new
development will add traffic to the existing traffic system and these effects will
be evaluated with the future development planning.
g. Does the new zoning promote compatible urban growth? How?
- This development is consistent with City master planning and provides options for
high-density residential housing. The proposed zoning also provides a transitional
zone between the existing REMU designation of the 86 acres to the east, the
existing low-density residential County uses to the west, and the existing trailer
court to the north.
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
integrate with many of the developing areas around the subject property including
the existing County property and the newly annexed City land that is adjacent.
i. Does the new zoning address the affected area’s peculiar suitability for particular uses? How?
- The proposed land uses with this development match the suitability of the affected
area. The property is suitable for residential development associated with this zoning
designation. There are no significant constraints related to floodplains, human-
wildlife conflict, steep slopes or any other hazards.
-
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HARPER’S CORNER Annexation and Zoning Application
j. Was the new zoning adopted with a view of conserving the values of buildings? How?
- The existing homes on-site are not considered to be historic or of historic value.
There is no defined development plans to impact these buildings currently. The
developer will work with the City on the best way to conserve value on existing
infrastructure.
k. How does the new zoning encourage the most appropriate use of land throughout the
jurisdictional area? How?
- The Bozeman Community Plan shows appropriate uses of this area. Zoning this
property as R-4 is an appropriate type of development for this property to be able to
maximize residential density that would create living opportunities for the
community and for professionals working in this area of the City.