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HomeMy WebLinkAbout18240 Action letter BOZ E MAN MT Community Development November 30, 2018 Chris G Budeski, PE Madison Engineering LLC 895 Technology Blvd Suite 203 Bozeman, MT 59718 RE: Rainbow Creek Annexation and Zone Map Amendment,Application 18240 Dear Mr. Budeski, Congratulations,the Bozeman City Commission approved this application at their November 26, 2018 meeting. The approval of the annexation and zone map amendment were approved subject to the terms and contingencies identified in the staff report. Terms of Annexation Approval: 1. The documents and exhibits to formally annex the subject property must be identified as the "2018 Rainbow Creek Annexation." 2. That the applicant must submit an Annexation map,titled "2018 Rainbow Creek Annexation". The map must be supplied on: 1) a mylar for City records (either 18" by 24" or 24" by 36" size); 2) a reduced 8 1/z" x 11" or 8 1/a" by 14" exhibit for filing with the Annexation Agreement at the County Clerk&Recorder; 3) an editable digital copy for the City Engineer's Office; and 4) a PDF. This map must be acceptable to the City Engineer's Office, and must be submitted with the signed Annexation Agreement. Said map shall contain a metes and bounds legal description of the perimeter of the subject property including adjacent rights-of-ways or street easements, and total acreage of the property to be annexed; unless the property to be annexed can be entirely described by reference to existing platted properties or certificates of survey. 3. The applicant must execute all contingencies and terms of said Annexation Agreement with the City of Bozeman within 60 days of the distribution of the annexation agreement from the City to the applicant or annexation approval shall be null and void. 4. The landowners and their successors must pay all fire, street,water and sewer impact fees, as required by Chapter 2, Bozeman Municipal Code, as amended, in effect at the time of application for any applicable permit or development. Fire impact fees in the 20 East Olive Street Q P.O. Bozeman, MT 59771-1230 — Tnn, nnc coo 0ani TLJC AAnCT I I%IARI C DI A('C Page 2 of 5 MT Community Development amount required for the existing home must be paid prior to final approval of the annexation agreement.An amount of$363.16 is estimated at this time. S. The applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SID's) for the following: a. Street improvements to Baxter Lane including paving, curb/gutter, sidewalk, and storm drainage b. Intersection improvements to Baxter Lane and Harper Puckett Road c. Intersection improvements to Baxter Lane and North Cottonwood Road d. Intersection improvements to Baxter Lane and Flanders Mill Road The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the applicant agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property,taxable valuation of the property,traffic contribution from the development, or a combination thereof. 6. The applicant must execute at the Gallatin County Clerk&Recorder's Office in conjunction with the annexation,a waiver of right-to-protest creation of a City-wide Park District,which would provide a mechanism for the fair and equitable assessment of maintenance costs for City parks as part of the Annexation Agreement. 7. The applicant must properly abandon the existing on-site septic tank and leach field upon connection to the City sanitary sewer system. The applicant must report the abandonment to the City Water and Sewer Superintendent (John Alston) for inspection, and the applicant must report the abandonment to the Gallatin City County Health Department. In addition to abandonment of the septic tank and leach field,the applicant must demonstrate that the sanitary sewer service to the septic tank has been completely disconnected from the old septic system prior to connection to the City sanitary sewer system. 8. The applicant must completely disconnect the on-site well from the house upon connection to the City water system to protect the City's system from cross contamination; however, a wellhead may be kept for on-site irrigation.The applicant must contact the City Water and Sewer Superintendent to inspect the disconnection prior to connection of water service from the house to the City water system. 20 East Otive Street • • Box 1230 Tnn. A n 4 9:017 none TUC AAnCT I WADI C DI Ar'C Page 3 of 5 B ®Z E MA N M Community Development 9. The applicant must contact Brian Heaston with the City Engineering Department to obtain an analysis of cash-in-lieu of water rights for the proposed annexation.An amount of$1,404 is estimated for the existing home with additional fees due at the time of future development of the property. The determined amount must be paid prior to final City Commission action on the annexation agreement. 10.Twenty feet of right-of-way(ROW) must be provided along the property frontage with the annexation to align with right-of-way to the east. The right-of-way must be executed using the City's standard language. The applicant should contact the City Engineering Department to receive a copy of the standard language. 11.A ten-foot public utility easement must be provided along Baxter Lane north of the additional required right-of-way with the annexation.The executed easement must be delivered to the City Engineering Department (Griffin Nielsen). The easement must be executed on the City's standard easement form.A copy of the standard easement form may be obtained from the City Engineering Department. 12. City standard sidewalks and drive approach must be constructed along the property frontage; this requirement must be included within the annexation agreement and be completed by October 1, 2019. 13.The Annexation Agreement shall include the following notices: a. The Annexation Agreement must include notice that, prior to development,the applicant will be responsible for preparing a storm water master plan in conjunction with future development. b. The Annexation Agreement must include notice the City will, upon annexation, make available to the Property existing City services only to the extent currently available, or as provided in the Agreement. c. The Annexation Agreement must include notice that, prior to future final development approval,the applicant will be responsible for transfer of water rights or a payment in lieu as required by the Bozeman Municipal Code. d. The Annexation Agreement must include notice that there is no right, either granted or implied, for Landowner to further develop any of the Property until it is verified by the City that the necessary municipal services are available to the property. e. The Annexation Agreement must include notice that utility easements may be required to be provided by the landowner at the time of development to ensure necessary municipal services are available to the property. O P 0 1 1 • • Bozeman,© 1 � 1• i •1 © � 1� • • rnrn. nnc COO nonl TUC AAnr_T I 1%/AQI C DI ArC Page 4 of 5 MT Community Development f. The Annexation Agreement must include notice charges and assessments may be required after completion of annexation to ensure necessary municipal services are available to the property. g. The Annexation Agreement must include notice that the applicant must connect to municipal services and will be responsible for installing any facilities required to provide full municipal services to the property. h. The Annexation Agreement must include notice that, prior to development, the applicant will be responsible for installing any facilities required to provide full municipal services to the properties in accordance with the City of Bozeman's infrastructure master plans and all City policies that may be in effect at the time of development. 14. All procedural terms necessary to establish the Annexation Agreement in conformance with state law and municipal practice will be included with the final Annexation Agreement. Contingencies of Zoning Approval: 1. The Ordinance for the Zone Map Amendment must not be approved until the Annexation Agreement is signed by the applicant and formally approved by the City Commission. If the Annexation Agreement is not approved, the Zone Map Amendment application is null and void. 2. All documents and exhibits necessary to establish an initial municipal zoning designation must be identified as the "Rainbow Creek Zone Map Amendment". 3. That the applicant must submit a Zone Amendment map,titled "2018 Rainbow Creek Zone Map Amendment". The map must be supplied un: 1) a mylar for City records (either 18" by 24" or 24" by 36" size); 2) a reduced 8 1/z"x 11" or 8 1/a" by 14" exhibit for filing with the Annexation Agreement at the County Clerk&Recorder; 3) an editable digital copy for the City Engineer's Office; and 4) a PDF. This map must be acceptable to the City Engineer's Office,and must be submitted within 60 days of the action to approve the zone map amendment. Said map shall contain a metes and bounds legal description of the perimeter of the subject property including adjacent rights-of-way or street easements, and total acreage of the property to be rezoned; unless the property to be rezoned can be entirely described by reference to existing platted properties or certificates of survey. 020 East Olive Street omP • Box 1230 rnn. nnc [n� nani TUC AAlnCT I MAQI C DI A!'C Page 5 of 5 aGIlse, E 1'1ANMT Community Development I will prepare the required annexation agreement and send it to you for review. If you have 4DanielarbLilf'Assistant se do not hesitate to contact meat 582-2272 or dgarber@bozeman.net. Planner Department of Community Development CC: Rainbow Creek Rental Properties LLC, 101 E Main St Ste 1E, Bozeman, MT 59715; Ru Jian Zhang&Yan Fei Qiu, 3197 Summerset Dr, Bozeman, MT 59718; File Bozeman, MT 59771-1230 J rnn nnc CQn none TUC hAnrT I WADI C DI Arc i �' ,.