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Home My WebLink AboutH9 - Mandeville Annexation MANDEVILLE CREEK Annexation and Zone Map Ammendment MANDEVILLE CREEK Annexation and Zone Map Ammendment May 2nd, 2006 Prepared For: City of Bozeman Department of Planning and Community Development 1230 Olive Street Bozeman, MT Prepared By: Bechtle-Slade PC 705 East Mendenhall Bozeman, MT 59715 Table of Contents 1. Development Review Application for Annexation 2 2. Annexation Checklist 4 3. Responses to Annexation Checklist 6 4. Development Review Application for Zoning Map Amendment 8 5. Zonning Map Amendment Checklist 10 6. Responses to Zoning Map Amendment Checklist 12 7. List of Figures 14 7. List of Appendicies 17 Table of Contents Mandeville Creek Annexation and Zone Map Ammendment 1Mandeville Creek Annexation and Zone Map Ammendment 1 Page 1 Appropriate Review Fee Submitted CCITY OF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building 20 East Olive Street P.O. Box 1230 Bozeman, Montana 59771-1230 phone 406-582-2260 fax 406-582-2263 planning@bozeman.net www.bozeman.net DEVELOPMENT REVIEW APPLICATION 1. Name of Project/Development: 2. Property Owner Information: Name: E-mail Address: Mailing Address: Phone: FAX: 3. Applicant Information: Name: E-mail Address: Mailing Address: Phone: FAX: 4. Representative Information: Name: E-mail Address: Mailing Address: Phone: FAX: 5. Legal Description: 6. Street Address: 7. Project Description: 8. Zoning Designation(s): 9. Current Land Use(s): 10. Bozeman 2020 Community Plan Designation: Mandeville Creek Edward Wachs 100 Shepherd Street, Wheeling, Ill 60090 (847) 537-8800 Tracy Poole tpoole@themortgagefirm.info Eighteen 89 Equity Group, 250 Hyalite View Drive E., Bozeman, MT 59718 (406) 920-0735 (406) 585-2226 Ron Slade rons@bechtleslade.com Bechtle-Slade PC, 705 East Mendenhall, Bozeman, MT 59715 (406) 587-2518 (406) 582-0287 SW4NW4 & NW4SW4 SEC 24 2S 5E Less RW 79.27AC Approximately 3800 South 19th Avenue Annexation to the city of Bozeman. R-1 and R-2 Agriculture/grazing Future Residential Page 3 (Annexation Checklist – Prepared 12/05/03; revised 9/8/04) ANNEXATION CHECKLIST This checklist shall be completed and returned as part of the submittal. Any item checked “No” or “N/A” (not applicable) must be explained in a narrative attached to the checklist. Incomplete submittals will be returned to the applicant. A. The following questions pertain to the goals adopted by the City Commission in Commission Resolution No. 3137. Annexation Goals Yes No N/A 1. Is the property contiguous to the City of Bozeman? 2. Is the property wholly surrounded by the City of Bozeman? 3. Is the property currently contracting with the City for municipal services such as water, sanitary sewer and or fire protection? a. If so, which City services are currently being contracted for? 4. Does the property lie with the service boundary of the existing sewer system as depicted in the City’s growth policy? B. The following questions pertain to the policies adopted by the City Commission in Commission Resolution No. 3137. Annexation Policies Yes No N/A 1.Is the property owner(s) willing to dedicate needed easements and/or right-of-way for collector and arterial streets? 2.Is the property owners(s) willing to sign waivers of right to protest the creation of future Special Improvement Districts to provide the essential services for future development of the City? 3.Is the property owner(s) willing to transfer usable water rights, or an appropriate fee in-lieu thereof, to serve the expected population of the land when fully developed? 4.Does the desired future development of the subject property conform to the City’s growth policy? If not, a growth policy amendment will be necessary to accommodate the anticipated uses, which may be initiated by the applicant and reviewed concurrently with this application. a. If a growth policy amendment is necessary, is it included with this application? 5.The property will need to be rezoned with an initial urban zoning designation. The zone map amendment will be reviewed concurrently with this application. Is a zoning map amendment application included with this application? 6.Do unpaved county roads comprise the most commonly used route to gain access to the property? 7.If it is found that adequate services cannot be provided to ensure public health, safety and welfare, has the property owners(s) provided a written plan for the accommodation of these services? 8.The property owner(s) must provide a letter from Bozeman School District #7 assessing the availability of schools and school transportation for residents of the proposed annexation. Is a copy of that letter attached to this application? C. Supplemental Information. Please provide the following information to assist the City in the review of this application: 1. If the property is currently in agricultural use, please identify the crops. 2. Number of residential units existing on the property. 3. Number and type of commercial structures existing on the property. 4. Estimate of existing population of the property. 5. Assessed value of the property. 6. Existing on-site facilities and utilities (gas, power, telephone, cable, septic systems, wells, etc.). 7. Any additional information you feel would assist in the review of this application. ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ Responses to Annexation Checklist Mandeville Creek Annexation and Zone Map Ammendment 6 Annexation Goals 1. Is the property contiguous to the City of Bozeman? The Mandeville Creek property, located between South 19th and 15th streets Neighbors the Allison and Alder Creek subdivision and is ﬂ anked on the East and West sides by annexed properties. 2. Is the property wholly surrounded by the City of Bozeman? The property is not wholly surrounded by the City of Bozeman, but is located within the future city boundary as indicated by the City’s growth policy. 3. Is the property currently contracting with the City for municipal services such as water, sanitary sewer and or ﬁ re protection? The Mandeville Creek property is currently contracting with the City for services such as water, sanitary sewer and ﬁ re protection. 4. Does the property lie with the service boundary of the existing sewer system as depicted in the City’s growth policy? The Mandeville Creek property currently lies within the service boundary of the existing sewer system, as depicted in the City’s growth policy. Annexation Policies 1. Is the property owner(s) willing to dedicate needed easements and/or right-of-way for collector and arterial streets? The property owner is willing to dedicate needed easements and/or right-of-ways for collector and arterial streets. 2. Is the property owner(s) willing to sign waivers of right to protest the creation of future Special Improvement Districts to provide the essential services for future development of the City? The property owner is willing to sign waivers of right to protest the creation of future Special Improvement Districts to provide the essential services for future development of the city. 3. Is the property owner(s) willing to transfer usable water rights or an appropriate fee in-lieu thereof, to serve the expected population of the land when fully developed? The property owner is willing to transfer usable water rights or an appropriate fee in-lieu thereof, to serve the expected population of the land when fully developed. 4. Does the desired future development of the subject property conform to the City’s growth policy? The desired future residential development of the Mandeville Creek property conforms to the City’s growth policy. 5. The property will need to be rezoned with an initial urban zoning designation. The zone map amendment will be reviewed concurrently with this application. Is a zone map amendment application included with this application? A zone map amendment application has been completed with supplemental information and submitted concurrently with this annexation application. The City of Bozeman application and fee have been provided. 6. Do unpaved county roads comprise the most commonly used route to gain access to the property? South 19th Avenue, which is currently the most commonly used route to gain access to the Mandeville Creek property, is paved. In addition, South 15th Avenue and Graf Street, which will provide access to the Mandeville Creek property, will connect to and through the development and will be paved. 7. If it is found that adequate services cannot be provided to ensure public health, safety and welfare, has the property owner(s) provided a written plan for the accommodation of these services? The Mandeville Creek property has been carefully designed to assure that adequate services can be provided to ensure public health, safety and welfare, in compliance with the city’s standards. The owner is seeking annexation for the Mandeville Creek property to the City of Bozeman to assure that these required services would be provided. As such, the property owner and design team have not provided a written plan for the accommodation of those services. Responses to Annexation Checklist Mandeville Creek Annexation and Zone Map Ammendment 7 8. If it is found that adequate services cannot be provided to ensure public health, safety and welfare, has the property owner(s) provided a written plan for the accommodation of these services? The Mandeville Creek property has been carefully designed to assure that adequate services can be provided to ensure public health, safety and welfare, in compliance with the city’s standards. The owner is seeking annexation for the Mandeville Creek property to the City of Bozeman to assure that these required services would be provided. As such, the property owner and design team have not provided a written plan for the accommodation of those services. 9. The property owner(s) must provide a letter from Bozeman School District No.7 assessing the availability of schools and school transportation for residents of the proposed annexation. Is a copy of that letter attached to this application? A letter has been provided to the Bozeman School District No. 7. It has been requested that a letter of response be provided in regard to the annexation of the Mandeville Creek property, addressing any questions or concerns that they may have regarding this annexation. At the time of the submittal of this document, a return letter had yet to be received. The initial letter to the Bozeman School District No.7 is provided in Appendix A. Supplemental Information 1. If the property is currently in agricultural use, please identify the crops. The Mandeville Creek property is abandoned agricultural land, not currently in use. Historical agricultural use of the property included alfalfa production and grazing. 2. Number of residential units existing on the property. There is currently one existing residential dwelling on the property, which is not intended to be retained. 3. Number and type of commercial structures existing on the property. There are no commercial structures existing on the property. 4. Estimate of existing population of the property. The existing population of the property is three individuals, whom currently reside in the sole residential structure on a month to month lease. 5. Assessed value of the property. The assessed value of the Mandeville Creek property is a 2003 full reappraisal value of $89,060.00, base on the boundaries and legal description of the property provided in this document and the January 21st, 2006 general parcel information published on the Montana Cadastral mapping website (http://gis.mt.gov/). 6. Existing on-site facilities and utilities (gas, power, telephone, cable, septic systems, wells, etc.). Existing on-site facilities and utilities include: -Underground gas line running from house north to northern property line -Telephone/power lines running from 19th R/W east to house, then to barn (all overhead) -On-site water & sewer (well & septic) 7. Any additional information you feel would assist in the review of this application. No additional information was deemed necessary for the review of this application. Page 1 Appropriate Review Fee Submitted CITY OF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building 20 East Olive Street P.O. Box 1230 Bozeman, Montana 59771-1230 phone 406-582-2260 fax 406-582-2263 planning@bozeman.net www.bozeman.net DEVELOPMENT REVIEW APPLICATION 1. Name of Project/Development: 2. Property Owner Information: Name: E-mail Address: Mailing Address: Phone: FAX: 3. Applicant Information: Name: E-mail Address: Mailing Address: Phone: FAX: 4. Representative Information: Name: E-mail Address: Mailing Address: Phone: FAX: 5. Legal Description: 6. Street Address: 7. Project Description: 8. Zoning Designation(s): 9. Current Land Use(s): 10. Bozeman 2020 Community Plan Designation: Mandeville Creek Edward Wachs 100 Shepherd Street, Wheeling, Ill 60090 (847) 537-8800 Tracy Poole tpoole@themortgagefirm.info Eighteen 89 Equity Group, 250 Hyalite View Drive E., Bozeman, MT 59718 (406) 920-0735 (406) 585-2226 Ron Slade rons@bechtleslade.com Bechtle-Slade PC, 705 East Mendenhall, Bozeman, MT 59715 (406) 587-2518 (406) 582-0287 SW4NW4 & NW4SW4 SEC 24 2S 5E Less RW 79.27AC Approximately 3800 South 19th Avenue Zone Map Amendment: Apply R-1 and R-2 zoning classification to the property. R-1 and R-2 Agriculture/grazing Future Residential Page 3 (Zoning Map or Unified Development Ordinance Text Amendment Checklist – Prepared 12/05/03, revised 9/20/04) ZONING MAP OR UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENT CHECKLIST This checklist shall be completed and returned as part of the submittal. Any item checked “No” or “N/A” (not applicable) must be explained in a narrative attached to the checklist. Incomplete submittals will be returned to the applicant. A. Amendment Type. What type of amendment is being requested? (check all that apply) Zoning Map Amendment Unified Development Ordinance Amendment – Zoning Provisions Unified Development Ordinance Amendment – Subdivision Provisions B. Zoning Map or UDO Zoning Provision Amendment Criteria. For Zoning Map Amendments and Unified Development Ordinance Text Amendments involving zoning provisions, written responses for each of the following criteria shall be provided. Are written responses for the following criteria provided? Yes Zoning Provision Criteria Yes No N/A 1. Is the new zoning designed in accordance with the comprehensive plan? 2. Is the zoning designed to lessen congestion in the streets? 3. Will the new zoning promote health and general welfare? 4. Will the new zoning secure safety from fire, panic and other dangers? 5. Will the new zoning provide adequate light and air? 6. Will the new zoning prevent the overcrowding of land? 7. Will the new zoning avoid the undue concentration of population? 8. Will the new zoning facilitate the adequate provision of transportation, water, sewer, schools, parks, fire, police, and other public requirements? 9. Does the new zoning give consideration to the peculiar suitability of the property for particular uses? 10. Does the new zoning give reasonable consideration to the character of the district? 11. Was the new zoning adopted with a view to conserving the value of buildings? 12. Will the new zoning encourage the most appropriate use of land throughout such county or municipal area? C. UDO Subdivision Provision Criteria. For Unified Development Ordinance Text Amendments involving subdivision provisions, written responses for each of the following criteria shall be provided. Are written responses for the following criteria provided? Subdivision Provision Criteria Yes No N/A 1. Will the amendment provide for the orderly development of the jurisdictional area? 2. Will the amendment provide for the coordination of roads within subdivided land with other roads, both existing and planned? 3. Will the amendment provide for the dedication of land for roadways and for public utility easements? 4. Will the amendment provide for the improvement of roads? ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ Responses to the Zoning Map Provision Criteria A) Amendment Type Zoning Map Amendment B) Zoning Map or UDO Zoning Provision Amendment Criteria 1) Is the new zoning designed in accordance with the comprehensive plan? The new zoning is designed in accordance with the comprehensive plan. The Bozeman 2020 Community Plan designates this property as future residential. The new zoning for the Mandeville Creek property has been designed as R-1 and R-2 residential zoning. 2) Is the zoning designed to lessen congestion in the streets? The zoning is designed to lessen congestion in the streets. The design of the Mandeville Creek property has avoided the use of culs-de-sac and provided local streets that connect through the proposed development to adjoining streets on neighboring properties. The use of connecting local streets will reduce bottlenecking and congestion potential. 3) Will the new zoning promote health and general welfare? The new zoning will promote health and general welfare. If annexed, the Mandeville Creek property will incorporate the City of Bozeman water and sewer services that will provide efﬁ cient and safe services to the development. 4) Will the new zoning secure safety from ﬁ re, panic and other dangers? Yes. The proposed Mandeville Creek subdivision will provide improved public street access to the property, within the property, and thru to neighboring properties, for emergency vehicles and evacuation routes. 5) Will the new zoning provide adequate light and air? The new zoning will provide adequate light and air. The design of the Mandeville Creek property provides larger lots than the City of Bozeman’s minimum requirements, thusly providing generous opportunity for open space between structures. In addition, more than adequate open space and parkland has been designated in the design of the subdivision. 6) Will the new zoning prevent the overcrowding of land? The new zoning will prevent the overcrowding of land. The Mandeville Creek property has been designed so that the lots exceed the minimum square footage requirements as stated by the City of Bozeman. The proposed zoning is in compliance with the future residential use as stated in the City’s growth policy. 7) Will the new zoning avoid the undue concentration of population? The new zoning will avoid undue concentration of population. The Mandeville Creek subdivision has been designed to provide single family residences on larger than required lots on the majority of the property, and allowing for only few multi-family dwellings. 8) Will the new zoning facilitate the adequate provision of transportation, water, sewer, schools, parks, ﬁ re, police, and other public requirements? The new zoning will facilitate the adequate provision of transportation, water, sewer, schools, parks, ﬁ re, police, and other public requirements. The design of the Mandeville Creek property has adhered to the city’s standards for these public requirements. 9) Does the new zoning give consideration to the peculiar suitability of the property for particular uses? The new zoning gives consideration to the peculiar suitability of the Mandeville Creek property for the proposed residential uses. The property is best suited to residential development or to remain in low volume agriculture use. 10) Does the new zoning give reasonable consideration to the character of the district? The new zoning gives reasonable consideration to the character of the district. The neighboring properties are under R- 1 and R-2 residential zoning, or still fall under county jurisdiction as residential or agriculture use. In addition the new zoning falls under the City of Bozeman’s 2020 Community plan as future residential. Responses to the Zoning Map Ammendment Checklist Mandeville Creek Annexation and Zone Map Ammendment 12 11) Was the new zoning adopted with a view to conserving the value of buildings? The new zoning does not particularly affect the value of buildings on the site, as there is currently only one residential structure on the site. This sole structure is not intended to be retained. 12) Will the new zoning encourage the most appropriate use of land throughout such county or municipal area? The new zoning will encourage the most appropriate use of land throughout the municipal area. The Mandeville Creek property has been designated by the City of Bozeman’s 2020 Community Plan as future residential zoning for the city. Responses to the Zoning Map Ammendment Checklist Mandeville Creek Annexation and Zone Map Ammendment 13 Figure 1: Vicinity Map Figure 2: Annexation Map List of Figures Mandeville Creek Annexation and Zone Map Ammendment 14 Insert 11 x 17 Vicinity Map here Insert 11 x 17 Annexation Map here Appendix A: Letter to Bozeman School District No. 7 Appendix B: Letter from Bozeman School District No. 7 Appendix C: Certifi cate of Adjoing Property Owners List Appendix D: Adjoining Property Owners List Appendicies Mandeville Creek Annexation and Zone Map Ammendment 17 Appendix D: Adjoining Property Owners List