HomeMy WebLinkAboutAnnexation RecommendationTo The City Of Laurel,
I am requesting that six lots which are described by a legal description as follows:
Nutting Brothers Subdivision, S10 To2 R24 E Blk 7 Lot 1-6.
The current plat map as it now sits recorded does not need to be changed. The only
improvements required is the addition of a sidewalk along Juniper and Roosevelt ie 8th
street that joins against the property line. The current use is Vacant land. Under the
zoning that Noel Eaton had designated the minimum square footage per lot was 6000 and
the current lots at at 50x140 or 7000. So my intention of bringing the lots into the city
without any changes should fit nicely.
I have also submitted the letter from the current owner Jim Cotter to allow for the
approval process. Once this has been approved my intent is to close on the land, clean it
up, and build 6 individual homes.
I paid 1,450 in fees on 12/22. So hopefully this process can be expedited.
Best
Darrell Dyer
701-527-2100
CITY HALL
115 W. 1sT ST.
PUB. WORKS: 628-4796
WATER OFC.: 628-7431
COURT: 628-1964
FAX 628-2241
Office of Planning
Date: March 22, 2018
To: Mayor and City Council
P.O. Box 10
Laurel, Montana 59044
From: Forrest Sanderson, AICP, CFM — Contract Planner
Re: Annexation Request, Darrell Dyer
Office of the Director of Public
Works
On December 22, 2017, an annexation request for Lots 1 — 6, Block 7, Nutting Brothers
Subdivision was submitted to Noel Eaton with the City of Laurel. A portion of this request was
an initial zoning assignment of Residential Limited Multi -Family (RLMF) and a conceptual Multi -
Family development plan. The request to annex half a block was not presented to the City Council
for consideration as required by City Council Resolution R08-22 and the City approved Request
for Annexation and Plan of Annexation Application form.
The property owner is James M. Cotter and the petitioner is Darrell Dyer. The application
materials contain an approval letter from the owner that has not been notarized, a series of potential
site development plans, application fees, a street view picture of the property in question, tax and
property information. These documents are hereby attached to and made part of this report by
reference.
The Planner, accepted the application and began processing the request including scheduling the
matter for public hearing by the City -County Planning Board and sending certified notices to
surrounding property owners. The petitioner/owner did not submit all of the additional
information in time for the February 1, 2018, City -County Planning Board meeting and the hearing
was canceled. In the interim the City Planner has resigned her position with the City with the
matter pending.
ANALYSIS OF REQUEST
City Council Resolution #R08-22 (March 4, 2008) and the aforementioned Application Form
establishes the criteria and requirements for the annexation of property. Given that we are dealing
with %2 of a Block the analysis will be limited to only those items of initial relevance.
Dyer Annexation
Standard:
1. Only parcels of land adjacent to the City of Laurel will be considered for annexation. If
the parcel to be annexed is smaller that one city block in size (2.06 acres), the city council
must approve consideration of the request; the applicant must make a separate written
request to the city council stating their wish to annex a parcel of land less than onecity
block in size. Once the council approves the request, the applicant can apply for
annexation.
Findings:
A. The property requested for consideration is adjacent to the existing Laurel city limits;
B. The property requested for consideration is t/2 block in size (E%2 Block 7);
C. The property owner (James Cotter) owns all of Block 7 and the E``/2 of Block 6;
D. All of the James Cotter ownership is adjacent to the current Laurel city limits;
E. Piecemeal annexation and is not in the best interest of the City of Laurel and appears to be
inconsistent with your 2013 Growth Policy. (Infrastructure, Land Use, and Transportation
Sections). These sections encourage comprehensive `big picture' looks at development,
growth and the extension of public infrastructure.
MOVING FORWARD
The application does not adequately address the following items as required by Council
Policy:
a. An extension of City Streets, Water, Sewer, Sidewalks, Storm Water, Curb and
Gutter and how the developer/owner intends to pay for these infrastructure
extensions;
b. An executed waiver of the right to protest the creation of SID's;
c. Adequate discussion of the suitability of the proposed zoning for the property to be
annexed;
d. A notarized signature from the record property owner authorizing the annexation
and requested initial zoning;
e. Adequate discussion of the subdivision process to create lots that conform to the
minimum district requirements and use limitations imposed by the Laurel Zoning
Regulations.
2. The application did include a fee for the consideration of annexation and zoning.
a. The fee is adequate for the application as presented but depending upon the decision
of the Council to proceed may not be adequate if a larger area is required to be
annexed.
b. Should the request to proceed with %2 Block annexation be disapproved by the
Council, the fees should be returned, and the applicant required to start over with a
new annexation request.
4
Dyer Annexation
RECOMMENDATION:
The request to proceed with annexation of Lots 1— 6, Block 7, Nutting Brothers Subdivision should
be DENIED for the following reasons:
1. The property owner (James Cotter) owns at least one full City Block and the request for
annexation can easily be amended to comply with the City's desire to conduct annexation,
zoning, and extension of public infrastructure on a comprehensive basis.
2. The requested annexation is not consistent with the 2013 Laurel Growth Policy.
3. Authorize the return the Application Fees paid by the applicant.
Dyer Annexation
CITY OF LAURE L9 MONTANA
Rti,,QUEST FOR ANNEXATION
AND PLAN OF ANNEXATION
All blanks of this avvUestionare to be filled in with 2 a ation
I not be acgpted,
Only parcels of land adjacent to the City of Laurel municipal limits will be considered for
annexation. "Adjacent to" also includes being across a public right of way. If the parcel
to be annexed is smaller than one city block in size (2.06 acres), the city council must
approve consideration of the request; the applicant must make a separate written request
to the city council stating their wish to annex a parcel of land less than one city block in.
Once the council approves the request, the applicant can apply for annexation.
2. Applicant landowner's name:
Address:— 13 . 9 G- 10) L
Phone: —t -k a 1-0 9 —5
3.
Parcel to be annexed: (if it is not surveyed or of public record, it must be of public record
PRIOR to applying for annexation.)
Legal description: _9AAM,,jv -
Lot size: 0 q (OL4
Present use: V C-IN.
L)-, _L=pA4C-)
Planned use: H to. no 0 S -i VLA At-s
Present �-UUIL16. I
(Land which is being annexed automatically beconnes zoned R-7500 when it is
officially annexed [City ordinance 17.12.220])
4. City services: The extension of needed city services shall be at the cost of the applicant
after annexation by the city has been approved. As part of the application process, each
of the following city services must be addressed with an explanation:
Water Service:
Location of existing main:— 3 Jv -, � , e--0,
Cost of extension of approved service:
How cost determined:
Timeframe for installation:
Sewer Service:
Location of existing main: M" r,
Cost of extension of approved service:
How cost determined:
Timeframe for
How
Streets:
Is there any adjoining County ROW to the proposed
Location of existing paved access
Cost of
Flow cost determined:
Timeframe for construction:
Other required improvements: Provide above information on attached
pages,
5. A map suitable for review of this application of the proposed area to be annexed must be
submitted with this application.
6. A written Waive of Protest must accompany this application, suitable for recording and
containing a covenant to run with the land to be annexed, waiving all right of protest to
the creation by the city of any needed improvement district for construction or
maintenance of municipal services. This Waiver of Protest must be signed by the
applicant prior to annexation by the city.
7. Requests for annexations are referred to. the City -County Planning Board for
recommendation to the City Council. Within 30 days after receiving the properly filled
out application with all required accompaniments and after conducting a duly advertised
public hearing, the City -County Planning Board shall make recommendation to the City
Council as to this Request for Annexation. If more information is needed from the
applicant during the review of the application, such application shall be deemed
incomplete and the timeframe for reporting to the City Council extended accordingly, in
needed.
8. A non-refundable application fee of $300 + $25.00 per acre (80 acres or less); $300 +
$35.00 per acres (81 acres or more) must accompany the submission of this application.
The City Council of the City of Laurel, Montana, after review and consideration of this
Application for Annexation, found such to be in the best interest of the City, that it
complied with state code, and approved this request at its City Council meeting of
Form revised by City Attorney April 2008
N
TO: City of Laurel
1/25/2018
I Jim Cotter sole owner of the property identified as geocode
03-0821-10-2-07-07-0000 Nutting Brothers Subdivision,
Legal Description: NUTTING BROS SUBD, 510, T02 S, R24 E, BLOCK
7, Lot 1 - 6,agree to allow Darrell Dyer who has the property
under a current buy sale agreement to proceed with bringing
the property from county jurisdictions to the City Limits under
a design of his choosing. My agreement is that Mr. Dyer will
work directly with the city and will have purchased the property
before the final process is complete.
Regards
Jim Cotted
1
AFFIDAVIT OF WAIVER OF PROTEST
BEFORE THE CITY COUNCIL
OF THE!, CITY OF LAUREL, MONTANA
VOR THE ANNEXATION OF THE HEREINDESCRIBED PROPERTY AND CREATION OF
ANY FUTURE, SPECIAL IMPROVEMENT DISTRICT
The undersigned hereby waives protest to the annexation of the property described belo", by the
City ofLaurel. Undersigned also waives their right to seek judicial review under M.C.A.
§ 7-2-4741 (2007), subsequent to the City's annexation of the below described property,
The undersigned hereby additionally waives protest to the creation of future Special Improvement
District(s) created and/or formed for future street improvements including, but not limited to, paving,
curb, gutter, sidewalk and storm drainage or any other lawful purpose,
This Affidavit is submitted pursuant to and as a part of the Annexation Agreement and future
contemplated Subdivision Improvement Agreement (SIA) with the City of Laurel.
This Affidavit of Waiver shall run with the land and shall forever be binding upon the Grantee, their
transferees, successors and assigns.
LEGAL DESCRIPTION OF THE PROPERTY:
"I
DATED thus -_ day of w, 20
Grantee Name
(Company..)
STATE OF
)ss.
County of
On this - day of 20_, personally appeared before me,
proved to me on the basis of satisfactory evidence to be
the person(s) whose name(s) are subscribed to this instrument, and acknowledged the lie/she/they executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Sea[ on the day
and year in this certificate first above written.
Notary Public for the State of
(SEAL) Residing at:
My Commission Expires:_____
11
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CITY OF LAUREL
PO BOX 10
LAUREL, MT. 59044
This is an application to the Laurel -Yellowstone City -County Planning Board, which acts as the City
Zoning Commission, for an amendment/variance to the Official zoning Map or Ordinance. Such
applications to re -zone are considered first by the Zoning Commission whose recommendations are then
transmitted to the City Council for final action.
1. All questions must be answered fully. Please type or print. You may attach further pages if
additional space is needed. Applications not filled out properly will not be accepted!
2. If new construction or a change in use of property is contemplated, building or development
plans are helpful in the review process of this application. Photographs are often helpful. .
3. If there are covenants or deed restrictions on the property, submit a copy of them and indicate
their expiration date.
4. All plans and other exhibits submitted with this application will be retained as part of the
permanent public record.
5. The applicant will prepare a 300 -foot radius map drawn to scale adequately and legibly enough
to show the subject property and adjacent property within the 300 feet (of the exterior of the
boundary of the property to be considered for re -zoning). MAPS NEED TO BE TURNED
BACK IN WITH THE APPLICATION.
6. AF
tplicant is required to take the map to the Department of Revenue located in Billings at 175 N.
27 Street, Suite 1400 (14`h floor of the Wells Fargo Building) -896-4000), where they will
process it for names, street address, mailing address, legal description and owners of record of all
property located within the 300 -foot radius map. They will certify the information and contact
you when it is done (this can take up to a full week). There is a charge for certification.
7. To cover the cost of the application review, newspaper advertisements, and mailings, a fee of
$1,100.00 (+ $25.00 per acre) must accompany the application. APPLICATION MUST BE
MADE ON OR BEFORE THE FIRST DAY OF THE MONTH TO BE CONSIDERED AT
THE NEXT MONTH'S MEETING. (1sT Thursday of each month at 7:00 pm)
8. A public hearing must be held on all applications. The City will notify all persons identified as
owners of the property within the 300 -foot radius by mail not less than 10 days prior to the date
of the Public Hearing before the Planning Board. In addition, notification of the public hearing
will be published in the legal section of the local newspaper 15 days prior to the hearing.
9. After the Planning Board makes their recommendation to the city council, the council will set a
time for a 2"d public hearing, and a workshop to discuss the Planning Board's recommendation.
IT IS YOUR RESPONSIBILITY TO CONTACT THE COUNCIL SECRETARY TO FIND
OUT THE TIMES OF THOSE MEETINGS, AT 628-7431 EX. 6.
10. Once the City Council has granted or denied the zone change an ordinance must be drawn up by
the City Attorney and go before the council for approval.
11. The complete process could take up to 120 days.
PETITIONER MUST BE PRESENT AT THE PUBLIC HEARING
Revised 2-13-09
PETITIONER MUST BE PRESENT AT HEARINGS.
The undersigned as owner or agent of the following described property requests a Zone Change/Land
Use Variance as outlined in the City Zoning Ordinance:
From: „ elvo-�, i r cac k .s Zone
one
1. Legal Description of property: ;»
2. General location: ,j "vg', ?-e-v- j, x-vo
3. Proposed use: Q\ XA t k V i- G. v L l
4. Owner(s): ) (k c, t;0- Y �
(Recorded owner)
5. Agent(s):
(address)
. 5%- (,Lg("2
(phone number)
(address)
(phone number)
9. Covenants or deed restrictions on property: Yes No x
I understand that the fling fee accompanying this application is not refundable, that it pays the cost of
processing, and that the fee does not constitute a payment for a Zone Change/ Land Use Variance. Also,
that all the information presented is true and correct.
Petitioner's Signature -d -- Date %J2 - 1-D /,?
d G
Fee Paid & Date Paii Q 7. -6 _�� 1 j / -�,
City of Laurel, 115 W. First Street, Laurel, Montana 59044
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Yellowstone County Property Tax Information
Yel�lc�u��stn"74-1111F.,
�nn,t►a a
: Not all fields are currently maintained. The accuracy of the data is not
ed. Please notify the Appraisal/Assessment Office of any inaccuracies.
Back to Search 101.111 I'tali Orion Detail
Owner Information
Page 1 of 2
" 'lease Note: Owner information is supplied by the Montana Department of Revenue. To
request updates to addresses or other ownership information, please contact the DOR office at
896-4000. Records for the current year will not be updated after tax bills have been sent out, so
changes requested after you receive your bill will appear only on next year's records.
Tax ID: B01681D
Primary Party
Primary Owner Name: COTTER, JAMES M
AKA - Also Known As COTTER, JAMES
2018 Mailing Address: COTTER, JAMES M
Assessed Value Detail Tax Year: 2017
Class Code Amount
2101 - Tract Land = $ 52,864.00
Total = $ 52,864.00
values shown for the given tax year are for taxation purposes only. They are supplied by the
partment of Revenue. For questions about these values, please contact the Montana Department of
venue, Appraisal/Assessment Office at 406-896-4000.
Rural SID Payoff Information
NONE
Property Tax Billing History
http://www.co.yellowstone.mt.gov/gis/csaprop.asp?propid=229421 3/2/2018
1309 E 8TH ST
LAUREL, MT 59044-2211
Property Address:
JUNIPER AVE
Township:
02 S Range: 24 E Section: 10
Subdivision:
NUTTING BROS SUBD Block: 7 Lot: 1
Full Legal:
NUTTING BROS SUBD, S10, T02 S, R24 E, BLOCK 7, Lot 1 - 6
GeoCode:
03-0821-10-2-07-07-0000
Show on Map
(May not workfor some newer properties.)
Property Assessment Information
Levy District:
Assessed Value Summary
Assessed Land Value = $ 52,864.00
Assessed Building(s) Value = $ 0.00
Total Assessed Value = $ 52,864.00
Assessed Value Detail Tax Year: 2017
Class Code Amount
2101 - Tract Land = $ 52,864.00
Total = $ 52,864.00
values shown for the given tax year are for taxation purposes only. They are supplied by the
partment of Revenue. For questions about these values, please contact the Montana Department of
venue, Appraisal/Assessment Office at 406-896-4000.
Rural SID Payoff Information
NONE
Property Tax Billing History
http://www.co.yellowstone.mt.gov/gis/csaprop.asp?propid=229421 3/2/2018
Yellowstone County Property Tax Information
Year 1st Half
2nd Half Total
2000 61.75 P
64.06 P 125.81
2001 61.80 P
61.80 P 123.60
2002 63.22 P
63.22 P 126.44
2003 29.02 P
29.02 P 58.04
2004 29.06 P
29.04 P 58.10
2005 30.12 P
30.11 P 60.23
2006 29.57 P
29.56 P 59.13
2007 28.09 P
28.08 P 56.17
2008 26.11 P
26.10 P 52.21
2009 29.70 P
29.69 P 59.39
2010 28.20 P
28.17 P 56.37
2011 29.12 P
29.09 P 58.21
2012 31.15 P
31.13 P 62.28
2013 31.26 P
31.24 P 62.50
2014 31.18 P
31.17 P 62.35
2015 145.80 P
145.78 P 291.58
2016 148.21 P
148.18 P 296.39
2017 185.40 P
185.39 370.79
(P) indicates paid taxes.
Click on year for detail. Pay Taxes Online
Jurisdictional Information
Commissioner Dist: 1 - John Ostlund (R)
School Attendance Areas
Senate: 28 - Tom Richmond (R)
High: LAUREL
House: 55 - Vince Ricci (R)
Middle: LAUREL
Ward: Outside City Limits
Elem: LAUREL
Precinct: 55.4
Zoning: Residential Tracts
Click Flere to view Billines
Reeulations
Click Here to view Laurel
School District Trustee Links
Reeulations
Click Frere to view
Broadview Reeulations
comments or questions regarding the web site may be directed to the
Page 2 of 2
http://www.co.yellowstone.mt.gov/gis/csaprop.asp?propid=229421 3/2/2018
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