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HomeMy WebLinkAbout17556 Lot 3, Tract 7 Smith ANNX-ZMA Application materials 406-586-8834 610 Professional Dr., Ste 3 Bozeman, Montana 59715 www.alpinesurveying.net/ January 17, 2018 Melissa Pope City of Bozeman Planning Division 20 E. Olive PO Box 1230 Bozeman, Montana 59771-1230 Re: Lot 3, Tract 7 Smith Sub-annexation / ZMA -17556 Dear Melissa, Please find attached the revised application to annex and establish initial zoning for Lot 3 of the Rearrangement of Tract 7 Smith Sub-Division (G-27), per the DRC review comments dated 12/27/2017. The subject parcel is located at 525 Valley Drive Avenue Bozeman, Montana. I have attached the following items for this application:  Form A1  Form N1 (includes required form checklist items)  Form ANNX (includes required form checklist items)  Application Fee  Smith Subdivision Building Restrictions  Utility Easement  SID Waiver  See below for project narrative and response to annexation and zoning questions. ZONE MAP AMENDMENT REQUIREMENTS 1. A thorough project narrative including a detailed response to the following for the zone map amendment: See response to required elements in italic font below. Narrative This application is for annexation and zone map amendment for Lot 3, The Rearrangement of Tract 7 Smith Subdivision located in the North ½ of the Northwest ¼, Section 11, Township 2 South, Range 5 East, Gallatin County, Montana. Lot 3 is a 0.52-acre parcel located at 525 Valley Avenue, Bozeman Montana. The parcel fronts to Valley Avenue which is a paved City street that contains City water and sewer mains. The parcel has one existing home that is currently on an individual well and drain field. With the annexation of the property, it is proposed the home be connected to City municipal facilities. a. Is the new zoning designed in accordance with the growth policy? How? Yes, the growth policy designates the area residential. The annexation and ZMA proposes a residential land use and zoning of R-1, which is consistent with the current land use in the Smith Subdivision and the existing zoning to the east and west of the Melissa Pope City of Bozeman Planning Division January 17, 2018 Page 2 Lot 3, Tract 7 Smith Sub-annexation / ZMA -17556 site. See Adjoining Zoning Map in this application for existing adjacent City zoning. b. Will the new zoning secure safety from fire and other dangers? How? Yes, the area has excellent first responder access provided by an existing paved road that has several routes of egress connecting to City of Bozeman public street network. The nearest City Fire Station is located on Baxter Lane approximately 0.9 miles (street distance) to the northwest of the annexation. c. Will the new zoning promote public health, public safety and general welfare? How? Yes, the intent of the R-1 residential single-household low density district is to provide for primarily single-household residential development and related uses within the city at urban densities, and to provide for such community facilities and services as will serve the area's residents while respecting the residential character and quality of the area. In addition to the excellent access mentioned above, Lot 3 proposes to connect to municipal water and sewer mains providing enhanced public health and safety for the residents. d. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? How? Yes, Lot 3 is essentially surrounded by the City of Bozeman and has excellent access to transportation, municipal utilities, schools and parks. Transportation -- The property will access directly onto Valley Drive (local street) which was recently improved (2016) by an adjacent subdivision to the east that paved Valley Drive and installed curb on the east side of the street. Valley Drive provides direct connection to City Collector Standard streets of Durston Road and Babcock Street to the north and south, Respectively. The site also connects to the local grid street system to the east via West Villard Street. The annexation proposes to install curb on the west side of Valley Drive along the annexation frontage and pay the properties prorated share of road improvements through the existing payback district. Water & Sewer -- The property fronts on Valley Drive. Valley Drive was recently improved to contain City water and sewer mains. The annexation proposes to install City standard water and sewer connections to these mains. The annexation will pay the properties prorated share of water and sewer improvements through the existing payback district. The existing septic tank and well will be disconnected from use. Schools & Parks – The annexation is an infill project and is surrounded by existing park and schools. As an existing 0.5-acre parcel with an existing single family home the annexation will not measurably impact nearby parks which includes Valley Unit, County Regional, Rose and numerous neighborhood parks. The Annexation is in the Bozeman School District. The annexation will not add to the student population of the district. The annexation will be served by the following schools: Elementary – Emily Dickenson, Hyalite and Meadowlark schools Middle – Chief Joseph Middle School High School – Bozeman Senior High and the new high school on Flanders Mill Road. Melissa Pope City of Bozeman Planning Division January 17, 2018 Page 3 Lot 3, Tract 7 Smith Sub-annexation / ZMA -17556 e. Will the new zoning provide reasonable provision of adequate light and air? How? Yes, this annexation is for an existing one-half acre lot with one existing single- family home. The annexation is surrounded by medium density R-1 zoning. The size and spacing of the existing lots and homes will provide for adequate light and air for the residences. f. Will the new zoning have an effect on motorize and non-motorized transportation systems? How? No, the proposed annexation does not propose any additional dwelling units. Therefore, there should be no impact to the transportation system. g. Does the new zoning promote compatible urban growth? How? Yes, proposed zoning in compliance with growth policy for the area. the intent of the R-1 residential single-household low density district is to provide for primarily single-household residential development and related uses within the city at urban densities. This is consistent with the existing surrounding neighborhoods which are also zoned R-1. h. Does the new zoning promote the character of the district? How? Yes, proposed zoning in compliance with growth policy for the area. Also, no structural changes proposed by annexation. And as mentioned above, the proposed R-1 residential single-household low density district is to provide for primarily single-household residential development and related uses within the city at urban densities. This is consistent with the existing surrounding neighborhoods which are also zoned R-1. i. Does the new zoning address the affected area’s peculiar suitability for particular uses? How? Yes, as mentioned above, the proposed R-1 zoning is consistent with the adjoining residential land uses. j. Was the new zoning adopted with a view to conserving the values of buildings? How? Yes, consistent with surrounding current uses and zoning. No structural changes proposed by annexation. k. Does the new zoning encourage the most appropriate use of land throughout the jurisdictional area? Yes, matches surrounding land uses and zoning. As requested by the DRC, the following is information on how this annexation and initial zoning will influence the Smith’s homeowner’s association documents and/or covenants. The Smith’s homeowner’s association documents are comprised of the “Building Restrictions For Smith Subdivision March1, 1967”, attached is a copy of the building restrictions. The following is a discussion of the potential influence keyed to the building restriction sections: Building – Appears to be consistent with the proposed R-1 zoning. The building restrictions require private residential use and the home be constructed of wood, brick or stone. Trailer houses are prohibited, and you cannot move a house onto the property. Size of Dwelling – Appears to be more restrictive than the proposed R-1 zoning. Building restriction requires a minimum dwelling size 1,000 sf excluding garage. International Residential Code says it can be as little as 138 square feet. Setbacks – Appears to be more restrictive than the proposed R-1 zoning. Building restriction requires a minimum 25’ front and 12’ side yard setback. UDC requires a minimum 15’ front and 5’ side yard setback. Melissa Pope City of Bozeman Planning Division January 17, 2018 Page 4 Lot 3, Tract 7 Smith Sub-annexation / ZMA -17556 Out Buildings and Appurtenances – Appears to be consistent with the proposed R-1 zoning. The building restrictions allow garages, greenhouses, and sheds similar to the uses allowed by R-1 zoning. Signs – Appears to be consistent with the proposed R-1 zoning and Bozeman Sign Code. The building restrictions prohibits commercial signs, allows temporary real estate signs. Animals – Appears to be consistent with Bozeman Code. The building restrictions prohibits livestock and breeding facilities, permits typical pets. Fences and Walls – Appears to be consistent with Bozeman Code. The building restrictions permit fences consistent with home architecture. Garages and Breezeways – Appears to be consistent with Bozeman Code. The building restrictions permit garages and breezeways consistent with home architecture. The remaining sections of the building restriction deal with administration and are not applicable to review verses City code. If you have any questions or need additional information please feel free to call (406-586-5599) or email (clitle@alpinesurveying.net Sincerely, Alpine Surveying & Engineering Clint Litle, P.E. Senior Project Engineer Attachment(s): As stated ORIGINAL DOCUMENT MAY HAVE POOR PHOTOGRAPHIC QUALITY THIS DOCUMENT IS PROVIDED WITHOUT BENEFIT OF A TITLE EXAMINATION. NO LIABILITY IS ASSUMED FOR THECOMPLETENESS THEREOF. PLATS MAY OR MAY NOT BE A SURVEY OF THE LAND DEPICTED HEREIN. THE COMPANYEXPRESSLY DISCLAIMS ANY LIABILITY FOR ALLEGED LOSS OR DAMAGE WHICH MAY RESULT FROM RELIANCE UPON THEM. ORIGINAL DOCUMENT MAY HAVE POOR PHOTOGRAPHIC QUALITY THIS DOCUMENT IS PROVIDED WITHOUT BENEFIT OF A TITLE EXAMINATION. NO LIABILITY IS ASSUMED FOR THECOMPLETENESS THEREOF. PLATS MAY OR MAY NOT BE A SURVEY OF THE LAND DEPICTED HEREIN. THE COMPANYEXPRESSLY DISCLAIMS ANY LIABILITY FOR ALLEGED LOSS OR DAMAGE WHICH MAY RESULT FROM RELIANCE UPON THEM. ORIGINAL DOCUMENT MAY HAVE POOR PHOTOGRAPHIC QUALITY THIS DOCUMENT IS PROVIDED WITHOUT BENEFIT OF A TITLE EXAMINATION. NO LIABILITY IS ASSUMED FOR THECOMPLETENESS THEREOF. PLATS MAY OR MAY NOT BE A SURVEY OF THE LAND DEPICTED HEREIN. THE COMPANYEXPRESSLY DISCLAIMS ANY LIABILITY FOR ALLEGED LOSS OR DAMAGE WHICH MAY RESULT FROM RELIANCE UPON THEM. ORIGINAL DOCUMENT MAY HAVE POOR PHOTOGRAPHIC QUALITY THIS DOCUMENT IS PROVIDED WITHOUT BENEFIT OF A TITLE EXAMINATION. NO LIABILITY IS ASSUMED FOR THECOMPLETENESS THEREOF. PLATS MAY OR MAY NOT BE A SURVEY OF THE LAND DEPICTED HEREIN. THE COMPANYEXPRESSLY DISCLAIMS ANY LIABILITY FOR ALLEGED LOSS OR DAMAGE WHICH MAY RESULT FROM RELIANCE UPON THEM. Return to: Bozeman City Clerk PO Box 1230 Bozeman MT 59771 2603706 Page:1 of 2 01/16/201910:00:31PM Fee $14.00 CharlotteMills-GallatinCounty,MT MISC lillilllllliIIIll|llillIIllllllillIlllHilllllllllllil\1Illlllillilllllillilli WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS FOR LOT 3,TRACT 7,SMITH SUBDIVISION ANNEXATION We,the undersigned Owners of the realpropertysituatedinthe County of Gallatin,Stateof Montana,and more particularlydescribedas follows:LOT 3,REARRANGEMENT OF TRACT 7 SMITH SUB-DIVISION (G-27),A PORTION OF THE NORTH.1/2,NORTHWEST 1/4, SECTION 11,TOWNSHIP 2 SOUTH,RANGE 5 EAST,M.P.M.. IN CONSIDERATION of receiving Annexation from the City of Bozeman,along with accompanying rightsand privilegesand forotherand valuableconsideration,thereceiptof which is hereby acknowledged,in recognitionoftheimpacts to Valley Drive,West VillardStreetand Durston Road thatwillbe generatedby the development of the above-describedpropertyat 525 Valley Avenue, Bozeman,MT,have waived and do hereby forourselves,our heirs,personalrepresentatives,successors and assigns,the righttoprotestthe creationofone or more specialimprovement districtsforthe constructionofthefollowingimprovements: a.Streetimprovements to Valley Drive includingpaying,curb/gutter,sidewalk,and storm drainage; b.Streetimprovements to West VillardStreetincludingpaying,curb/gutter,sidewalk,and storm drainage; c.Intersectionimprovements toValley Drive and Durston Road; d.Intersectionimprovements to West VillardStreetand Valley Drive; or tomake any writtenprotestagainstthe proposed work or againstthe extentor creationofthedistricts tobe assessedinresponseto a duly passed resolutionof intentionto createone or more special improvement districtswhich would includethe above-describedproperty. Inthe event an SID isnot utilizedforthe completion oftheseimprovements,thedeveloperagrees to participatein an alternatefinancingmethod forthe completion of saidimprovements on a fairshare, proportionatebasisas determined by square footageof property,taxablevaluationoftheproperty,traffic contributionfrom the development or a combination thereof. This waiver shallbe a covenant running with the land and shallnot expirewith thedissolutionof the limitedpartnership,provided however thiswaiver shallapply to the landshereindescribed. The terms,covenants and provisionsof the Waiver shallextend to,and be binding upon the successors-in-interestand assignsof thepartieshereto. Page 1 DATED this /6 day of 3 &#'thUM-Y ,20 By - Title STATE OF MONTANA ) ):ss County of Gallatin ) On this RF day of a was ,204,beforeme theundersigned,a Notary Public forthe Stateof Montana,personallyappefred \ct-lab MA ,known tome tobe . Managing Member of Bellwether Renovations,LLC and the person whose name issubscribedto the within instrumentand acknowledged to me thathe executed the within instrumentforand on behalf of Bellwether Renovations,LLC . IN WITNESS WHEREOF,I have hereuntosetmy hand and affixedmy NotarialSeal theday and year firstabove written. <..?.Pa+..KRISTEN JOHNSON 14oTAR.NOTARY PUBLIC fortheStateofMontana(SEA (SEAL ResidingatBelgrade,Montana -r My CommissionExpiresoOctober11,2021 tateof Montana (P nted ame) Residing at &1ud alidT M Commission res Mr /1/201-( Page 2 From City Engineering PaybacksCommentsSID 684 Payback (Durston Road)4,169.13$ Payback documents available at http://weblink.bozeman.net/WebLink8/0/doc/129445/Electronic.aspxMeadow Creek Subdivision Sewer Paybacks195.16$ Payback documents available at http://weblink.bozeman.net/WebLink8/0/doc/129437/Electronic.aspxPine Meadows Subdivision Consolidated Payback18,000.00$ Anticipated payback amount. Payback district creation is pending. Payback is for water, sewer, and street improvements to Valley Drive SID 621 Payback (Far West Sewer)241.34$ Payback map provided as an email attachment CIL Water Rights660.00$ CIL water rights for indoor domestic water supply. Assumes existing well has a water right and supplies outdoor irrigation water demandTotal Impact Fees12,415.88$ See Impact Fee Calculator separately attached to emailFire/EMS348.86$ Wastewater 3,170.80$ Transportation4,693.38$ Water4,202.84$ Annexation Application Review Fee1,580.00$ fee schedule available at https://www.bozeman.net/Home/ShowDocument?id=738Total Estimated Fees related to Annexation37,261.51$ This amount does not include construction costs to connect to water and sewer services and abandonment of on-site water/sewer facilities as required