HomeMy WebLinkAbout17- Findings of Fact and Order - Amendment Plat of Lot 7A, Block 41, Northern Pacific Addition Minor Subdivision Preliminary Plat Return to:
City of Bozeman
City Clerk
P.O. Box 1230
Bozeman MT 59771-1230
17273, Findings of Fact and Order for the Amended Plat of Lot 7A, Block 41,
Northern Pacific Addition Minor Subdivision Preliminary Plat
Public Hearing Date: City Commission meeting with public hearing was held August 28,2017.
Project Description: A Preliminary Plat Application to allow the subdivision of Lot 7A, Block
41,Northern Pacific Addition into two (2)residential lots.No parkland is proposed or required for
this subdivision.
Project Location: The property is addressed as 220 N.Broadway Avenue with a legal description
of Lot 7A,Block 41,Northern Pacific Addition to Bozeman, situated in Section 7,Township Two
South(T02S),Range Six East(R06E),P.M.M., Gallatin County,Montana.
Action: Approval with conditions
Motion: Having reviewed and considered the application materials, public comment, and all the
information presented, I hereby adopt the findings presented in the staff report for application
17273 and move to approve the Amended Plat of Lot 7A, Block 41, Northern Pacific Addition
Minor Subdivision with conditions and subject to all applicable code provisions.
Findings of Fact and Order Date: September 25,2017
Staff Contacts: Addi Jadin,Associate Planner
Shawn Kohtz,Development Review Engineer
Agenda Item Type: Consent(Quasi-judicial)
17273, Findings of Fact for the Amended Plat of Lot 7A,Block 41,Northern Pacific Addition
Minor Subdivision Preliminary Plat Page 2 of 19
EXECUTIVE SUMMARY
Unresolved Issues
There are no unresolved issues.
Project Summary
The property owner and applicant, Julien Morice, 2110 Sourdough Road, Bozeman, MT 59715,
represented by C&H Engineering and Surveying, Inc., 1091 Stoneridge Drive, Bozeman, MT
59715, submitted application to subdivide approximately 0.357 acres into two residential lots.
No parkland or open space is required for this subsequent minor subdivision. No exterior roads
are required at this time.
Commission Action
The Bozeman City Commission held a public meeting on Monday, August 28, 2017 to review
the application and hear public testimony. No public comment was received at the August 28,
2017 public hearing. The City Commission discussed the proposed preliminary plat application
in regards to the character of the area and the intent of the subdivision and zoning district; and
reviewed the application against the requirements of the Montana Subdivision and Platting Act.
The Commission found that, with conditions,the Minor Subdivision Preliminary Plat
Application would comply with those requirements; and adopted the findings presenting the staff
report for Application 17273 and unanimously voted to approve the preliminary plat application,
with the conditions as outlined in the staff report, 4:0.
Alternatives
1. Approve the application with the recommended conditions;
2. Approve the application with modifications to the recommended conditions;
3. Deny the application based on the Commission's findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Open and continue the public hearing on the application, with specific direction to staff
or the applicant to supply additional information or to address specific items.
17273, Findings of Fact for the Amended Plat of Lot 7A, Block 41, Northern Pacific Addition
Minor Subdivision Preliminary Plat Page 3 of 19
Table of Contents
EXECUTIVESUMMARY ............................................................................................................ 2
UnresolvedIssues ............................................................................................................... 2
ProjectSummary.................................................................................................................2
CommissionAction ............................................................................................................ 2
Alternatives......................................................................................................................... 2
SECTION1 - MAP SERIES .......................................................................................................... 4
SECTION 2 - CONDITIONS OF APPROVAL............................................................................. 8
SECTION 3 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS........................ 9
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ............................................ 10
SECTION 5 - STAFF ANALYSIS AND FINDINGS................................................................. 10
Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................. 10
Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 12
Preliminary Plat Supplements........................................................................................... 13
SECTION 6 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 16
APPENDIX A—PROJECT SITE ZONING AND GROWTH POLICY..................................... 18
APPENDIX B—DETAILED PROJECT DESCRIPTION AND BACKGROUND.................... 18
APPENDIX C—NOTICING AND PUBLIC COMMENT ......................................................... 18
APPENDIX D—OWNER INFORMATION AND REVIEWING STAFF................................. 19
FISCALEFFECTS....................................................................................................................... 19
ATTACHMENTS......................................................................................................................... 19
17273, Findings of Fact for the Amended Plat of Lot 7A, Block 41,Northern Pacific Addition
Minor Subdivision Preliminary Plat Page 4 of 19
SECTION I -MAP SERIES
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17273, Findings of Fact for the Amended Plat of Lot 7A, Block 41,Northern Pacific Addition
Minor Subdivision Preliminary Plat Page 5 of 19
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17273, Findings of Fact for the Amended Plat of Lot 7A,Block 41,Northern Pacific Addition
Minor Subdivision Preliminary Plat Page 6 of 19
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17273, Findings of Fact for the Amended Plat of Lot 7A, Block 41,Northern Pacific Addition Minor Subdivision Preliminary Plat
Page 7 of 19
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17273, Findings of Fact for the Amended Plat of Lot 7A,Block 41,Northern Pacific Addition
Minor Subdivision Preliminary Plat Page 8 of 19
SECTION2 - CONDITIONS OFAPPROVAL
Please note that these conditions are in addition to any required code provisions identified in this
report.
Conditions of Approval:
1. The plat must conform to all requirements of the Bozeman Municipal Code and the Uniform
Standards for Subdivision Plats(Uniform Standards for Certificates of Survey and Subdivision
Plats (24.183.1104 ARM) and must be accompanied by all required documents, including
certification from the City Engineer that as-built drawings for public improvements were
received, a platting certificate, and all required and corrected certificates. The Final Plat
application must include three (3) signed reproducible copies on a 3 mil or heavier stable base
polyester film (or equivalent); two (2) digital copies; one (1) PDF copy; and five (5) paper
prints. The Gallatin County Clerk & Recorder's office has elected to continue the existing
medium requirements of 2 mylars with a 1'/2" binding margin on one side for both plats and
COS's. The Clerk and Recorder will file the new Conditions of Approval sheet as the last
same sized mylar sheet in the plat set.
2. The applicant must submit with the application for Final Plat review and approval, a written
narrative stating how each of the conditions of preliminary plat approval and noted code
provisions have been satisfactorily addressed, and must include a digital copy (pdf) of the
entire Final Plat submittal. This narrative must in sufficient detail to direct the reviewer to the
appropriate plat,plan, sheet,note, covenant, etc. in the submittal.
3. The applicant is advised that unmet code provisions,or code provisions that are not specifically
listed as conditions of approval, does not,in any way, create a waiver or other relaxation of the
lawful requirements of the Bozeman Municipal Code or state law.
4. The garage must be relocated from its existing location on top of the proposed boundary line
between Lot 7A-1 and Lot 7A-2 prior to filing of the final plat. The structure shall be subject
to all zoning requirements for accessory buildings.
5. The final plat must provide all necessary utility easements and must be described,dimensioned
and shown on each subdivision block of the final plat in their true and correct location.
6. Unless already filed, the applicant must sign and file a waiver of right to protest the creation
of a park maintenance district at the Gallatin County Clerk and Recorder's Office with the final
plat.
7. Water and sewer services to Lot 7A-2 must be constructed or financially guaranteed prior to
final plat approval.
8. If it is the developer's intent to file the plat prior to the completion of all required
improvements, an Improvements Agreement shall be entered into with the City of Bozeman
guaranteeing the completion of all improvements in accordance with the preliminary plat
submittal information and conditions of approval. If the final plat is filed prior to the
installation of all improvements, the developer shall supply the City of Bozeman with an
acceptable method of security equal to 150 percent of the cost of the remaining improvements.
The City may limit the items it allows to be deferred and made subject to an Improvements
Agreement.
17273, Findings of Fact for the Amended Plat of Lot 7A, Block 41,Northern Pacific Addition
Minor Subdivision Preliminary Plat Page 9 of 19
9. 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: Formation of a Park Maintenance District.
10. The document filed must specify that in the event an SID is not utilized for the completion of
these improvements, the developer 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. This is a condition of final plat approval.
11. The applicant must contact the Gallatin County Conservation District,Montana Department of
Environmental Quality, and U.S. Army Corps of Engineers regarding the proposed project and
any required permits (i.e., 310, 404, Turbidity exemption, etc.) must be obtained by the
applicant and provided prior to final plat approval.
12. All notes, restrictions and conditions of approval must be located on the final plat conditions
of approval sheet.
13. In accordance with Sec. 38.23.180 BMC, the applicant must contact the City of Bozeman
Floodplain Administrator for an analysis of CIL of water rights and pay any CIL required for
the parcel prior to final plat approval.
14. An irrigation ditch maintenance easement shall be provided to create a ten-foot buffer from the
"edge of water" as noted on the plat.
SECTION 3 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS
A. A note must be added to the final plat indicating proximity of the subdivision to a
mapped floodplain and providing direction to verify floodplain with current floodplain
maps.
B. As the proposed subdivision is located within a 1/2 mile of Highland Blvd. and Main
St., an intersection with a Level of Service (LOS) rating below"C", final plat approval
will not be given until the LOS is improved or a waiver is granted per Bozeman
Municipal Code (BMC) Section 38.24.060.B.4.
C. All easements shown on the preliminary plat must be executed and delivered to the
City with final plat approval and filed with the County Clerk and Recorder along with
the final plat.
D. If not completed, the water meter installation inside the house must be brought to the
current standard per City Water Inspection Requirements and the City of Bozeman Design
Standards and Specifications Policy. Specifically, a backflow preventer must be installed
to protect the public potable water supply. The applicant shall contact Jubal Whitlock,
Backflow and Cross Connection Specialist, with the City Water and Sewer Division to
inspect the water meter installation and report the inspection prior to final plat approval.
E. The fifty-foot watercourse setback is not required and must be removed from the final plat.
17273, Findings of Fiat for the Amended Plat of Lot 7A,Block 41,Northern Pacific Addition
Minor Subdivision Preliminary Plat Page 10 of 19
SECTION 4 -RECOMMENDATIONAND FUTURE ACTIONS
Project Name: Amended Plat of Lot 7A, Block 41,Northern Pacific Addition Minor
Subdivision preliminary plat
File: 17273
Development Review Committee
The Development Review Committee (DRC) reviewed the preliminary plat application on June
28,2017; and as a result, found that the application,with conditions, is in general compliance with
the adopted growth policy, the Montana Subdivision and Platting Act and the Unified
Development Code.
City Commission
The City Commission public hearing is scheduled for August 28, 2017 to consider the preliminary
plat and make a final decision.
SECTION 5 -STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application materials,
municipal codes, standards, and plans, public comment, and all other materials available during
the review period. Collectively this information is the record of the review. The analysis is a
summary of the completed review.
Applicable Subdivision Review Criteria, Section 38.03.040, BMC.
In considering applications for subdivision approval under this title,the advisory boards and City
Commission shall consider the following:
1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and
Platting Act
The preliminary plat has been prepared in accordance with the survey requirements of the
Montana Subdivision and Platting Act by a Professional Engineer registered in the State of
Montana. As noted in recommended Condition 1,the final plat must comply with State statute,
Administrative Rules of Montana, and the Bozeman Municipal Code.
2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana
Subdivision and Platting Act
The final plat shall comply with the standards identified and referenced in the Unified
Development Code (UDC). The applicant is advised that unmet code provisions, or code
provisions that are not specifically listed as a condition of approval, does not, in any way, create
a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State
law.
17273, Findings of Fact for the Amended Plat of Lot 7A, Block 41, Northern Pacific Addition
Minor Subdivision Preliminary Plat Page 11 of 19
3) Compliance with the local subdivision review procedures provided for in Part 6 of the
Montana Subdivision and Platting Act
A hearing before the City Commission has been properly noticed as required by the Bozeman
UDC. Based on the recommendation of the DRC and other applicable review agencies, as well
as any public testimony received on the matter,the City Commission will make the final decision
on the applicant's request.
A preliminary plat application was submitted on May 30,2017 and was reviewed against the
submittal requirements required by Title 38 of the Bozeman Municipal Code (BMC). On June 7,
2017 the application was deemed acceptable for initial review. The preliminary plat was
reviewed by the DRC on June 28, 2017. The DRC and Staff determined the submittal contained
detailed, supporting information that is sufficient to allow for the review of the proposed
subdivision on August 9,2017. Pursuant to Section 38.03.040.A.5.a(4), BMC the city
commission shall approve, conditionally approve or deny the subdivision application by
September 28,2017. As a minor subdivision,no public hearing before the planning board is
required.
Public notice for this application was posted on site August 13, 2017. Public notice was sent to
all property owners of record within 200 feet of the subject property on August 10, 2017 and
physically adjacent property owners via first class mail on August 11, 2017. No public comment
has been received on this project to date.
On August 21,2017 this subdivision staff report was drafted and forwarded with a
recommendation of conditional approval by the Planning Director for consideration by the City
Commission on August 28,2017. The City Commission is scheduled to make a final decision at
their August 28, 2017 public hearing.
4) Compliance with Chapter 38,BMC and other relevant regulations
Based on review of the DRC and the Department of Community Development all applicable
regulations appear to be met. Pertinent code provisions and site specific requirements are
included in this report for City Commission consideration.
5) The provision of easements to and within the subdivision for the location and installation
of any necessary utilities
As noted under Condition 5 above and required Section 38.23.060.A, all easements, existing and
proposed, shall be accurately depicted and addressed on the final plat and in the final plat
application. Therefore, all utilities and necessary utility easements will be provided and depicted
accordingly on the final plat.
6) The provision of legal and physical access to each parcel within the subdivision and the
notation of that access on the applicable plat and any instrument transferring the parcel
The proposed lot has frontage to public streets constructed to City standards with lot frontage
meeting the minimum standard shown on the preliminary plat. In addition,pursuant to Section
17273, Findings of Fact for the Amended Plat of Lot 7A, Block 41,Northern Pacific Addition
Minor Subdivision Preliminary Plat Page 12 of 19
38.24.090.A, BMC, plats shall contain a statement requiring lot accesses to be built to the
standard contained in this section,the city design standards and specifications policy, and the
city modifications to state public works standard specifications.
Primary Subdivision Review Criteria, Section 76-3-608
1) The effect on agriculture
The subject property is designated as a residential area according to the City of Bozeman
Community Plan. The area is zoned for residential development. The area is surrounded by
residential development and industrial lands nearby. Therefore, this subdivision will not have
adverse effects on agriculture.
2) The effect on Agricultural water user facilities
Mill Ditch is located to the east of the property and a letter has been provided by the
Conservation District confirming its status as a ditch. A maintenance easement must be depicted
on the final plat as indicated in Condition 14.
3) The effect on Local services
Water/Sewer—Municipal water and sewer services shall be installed for Lot 7A-2 prior to final
plat approval.
Streets—The lots will be served by the existing N. Broadway Avenue and traffic impact is
expected to be minimal.
Police/Fire—The property is located within the City's Police and Fire emergency response area.
The subdivider must obtain address for the new lot from the City Engineer's Office prior to filing
the final plat to facilitate emergency response to the site.
Stormwater—The impact by proposed developed is expected to be minimal in an area with
existing curb and gutter.
Parklands—Pursuant to section 38.27.020.B, BMC parkland dedication is not required for a
minor subdivision.
4) The effect on the Natural environment
No significant physical or topographical features have been identified, (e.g., outcroppings,
geological formations, steep slopes), on the subject property. Provisions will be made to address
the control of noxious weeds and maintenance of the property in accordance with the approved
weed management plan. Infill development with municipal services has fewer impacts on the
natural environment than development on urban fringes or in rural areas.
5) The effect on Wildlife and wildlife habitat
The subject property is designated as a residential area according to the City of Bozeman
Community Plan. The area is zoned for residential development. The surrounding areas are
17273, Findings of Fact for the Amended Plat of Lot 7A, Block 41,Northern Pacific Addition
Minor Subdivision Preliminary Plat Page 13 of 19
currently developed with residences and commercial activity. Therefore,this subdivision will
have minimal effects on wildlife and wildlife habitat.
6) The effect on Public health and safety
The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect the
public health, safety and general welfare. The subdivision has been reviewed by the DRC which
has determined that it is in general compliance with the title. Any conditions deemed necessary
to ensure compliance have been noted throughout this staff report. In addition, all subdivisions
must be reviewed against the criteria listed in 76-3-608.3.b-d, Mont Code Ann. The Department
of Community Development has reviewed this application against the listed criteria and provides
the following summary for submittal materials and requirements.
Preliminary Plat Supplements
A subdivision pre-application plan review was completed by the DRC on September 8, 2016.
With the pre-application plan review application, waivers were requested by the applicant from
Section 38.41.060 "Additional Subdivision Preliminary Plat Supplements" for several of the
standard preliminary plat supplements due to the nature of the property. The DRC granted a
partial waiver to the supplemental information under 3 8.41.060, BMC for this application for:
3) Groundwater 16)Parks and Recreation
7)Historical Features 17)Neighborhood Center Plan
8) Agriculture 18) Lighting Plan
11) Stoimwater Management 19) Miscellaneous
12) Streets, Roads, and Alleys 20)Affordable Housing
14) Educational Facilities
Waivers to the supplemental information for the following were not granted:
1) Surface Water, 9) Agricultural Water User Facilities
2) Floodplains 10) Water and Sewer
4) Geology-soils-slope
5) Vegetation 13) Utilities
6) Wildlife 15) Land Use
Staff offers the following summary comments on the supplemental information required with
Article 38.41, BMC.
38.41.060.A.1 Surface Water
No surface water is found within the subdivision. Mill Ditch is adjacent to the subdivision to the
east and its status as a ditch has been confirmed by the Gallatin Conservation District. No
wetlands exist on the property.
17273, Findings of Fact for the Amended Plat of Lot 7A, Block 41,Northern Pacific Addition
Minor Subdivision Preliminary Plat Page 14 of 19
38.41.060.A.2 Floodplains
A Letter of Map Amendment (LOMA) was submitted to the Federal Emergence Management
Agency (FEMA) to remove the property from the Special Flood Hazard Area(SFHA) and was
approved.
38.41.060.A.3 Groundwater
A waiver was issued during the pre-application stage. Groundwater information indicates it is
expected ten feet or more below the ground surface and the installation of the water and sewer
service or a future dwelling are not anticipated to impact the groundwater.
38.41.060.A.4 Geology, Soils and Slopes
The proposed subdivision is located in an urban area within the City of Bozeman. No
restrictions or limitations are anticipated with the proposed development as the area is already
developed.
38.41.060.A.5 Vegetation
Supplemental information waived by the DRC. No significant or critical vegetation exists on the
subject property. Noxious weeds are being controlled by the required Noxious Weed
Management Plan. In addition, there are ongoing performance measures required with the Weed
Management Plan to insure control of noxious weeds on site.
38.41.060.A.6 Wildlife
There are no known endangered species or critical game ranges on this site. Due to the history
of adjacent residential use, little wildlife habitat is provided on site. Wildlife species consist
mainly of rodents and common birds. Montana Fish, Wildlife, and Parks confirmed that there are
no concerns for wildlife associated with the proposed development.
38.41.060.A.7 Historical Features
Supplemental information waived by the DRC. There are no known cultural resources or
historical structures existing on the site.
38.41.060.A.8 Agriculture
A waiver was issued during pre-application stage because the project is infill within existing
urban development.
38.41.060.A.9 Agricultural Water User Facilities
Mill Ditch is located to the east of the property and a letter has been provided by the
Conservation District confirming its status as a ditch. A maintenance easement must be depicted
on the final plat as indicated in Condition 14.
38.41.060.A.10 Water and Sewer
17273, Findings of Fact for the Amended Plat of Lot 7A, Block 41,Northern Pacific Addition
Minor Subdivision Preliminary Plat Page 15 of 19
As noted in Conditions 7 and 8, Water and sewer services must be constructed to Lot 7A-2 or
financially guaranteed prior to the filing of the final plat. The application provides specifications
for installation within Section 14 of the preliminary plat application.
38.41.060.A.11 Stormwater Management
A waiver was granted during the pre-application review due to the size of the subdivision.
38.41.060.A.12 Streets, Roads and Alleys
A waiver was granted because no new streets, roads or alleys will be required and the addition of
one dwelling unit with have negligible impact.
38.41.060.A.13 Utilities
A 10-foot front yard easement as well as an easement for the existing overhead power line are
shown per Northwest Energy's request.
38.41.060.A.14 Educational Facilities
A waiver was granted during the pre-application phase for educational facilities due to the size of
the subdivision.
38.41.060.A.15 Land Use
The subdivision proposes to split an existing City of Bozeman lot into two lots. There is one
single family home on the lot and another single family home will be built on the second lot.
The zoning will remain R-2 for both of the lots.
38.41.060.A.16 Parks and Recreation Facilities
A waiver was granted during the pre-application stage for parkland.
38.41.060.A.17 Neighborhood Center Plan
A neighborhood center is not included or required with this subdivision due to proximity to its
size under 10 acres.
38.41.060.A.18 Lighting Plan
A waiver was granted for Lighting Plan because no additional street lighting is required for this
infill development.
38.41.060.A.19 Miscellaneous
Supplemental information waived by the DRC. The subdivision will not impact access to any
public lands and there are no identified hazards in proximity to the subject property.
38.41.060.A.20 Affordable Housing
Supplemental information waived by the DRC as the Affordable Housing Ordinance applies to
proposals with over ten residences.
17273, Findings of Fact for the Amended Plat of Lot 7A, Block 41,Northern Pacific Addition
Minor Subdivision Preliminary Plat Page 16 of 19
SECTION 6- FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS
A) PURSUANT to Chapter 3 8, Article 3, BMC, and other applicable sections of Chapter 3 8, BMC,
public notice was given, opportunity to submit comment was provided to affected parties, and a
review of the preliminary plat described in these findings of fact was conducted. The purposes of
the preliminary plat review were to consider all relevant evidence relating to public health, safety,
welfare, and the other purposes of Chapter 38, BMC; to evaluate the proposal against the criteria
and standards of Chapter 3 8 BMC, BMC; and to determine whether the plat should be approved,
conditionally approved, or denied.
B)It appeared to the City Commission that all parties and the public wishing to examine the proposed
preliminary plat and offer comment were given the opportunity to do so. After receiving the
recommendation of the relevant advisory bodies established by Section Chapter 38, Article 33,
BMC, and considering all matters of record presented with the application and during the public
comment period defined by Chapter 38, BMC, the City Commission has found that the proposed
preliminary plat would comply with the requirements of the Bozeman Municipal Code if certain
conditions were imposed. Therefore, being fully advised of all matters having come before her
regarding this application,the City Commission makes the following decision.
C) The preliminary plat has been found to meet the criteria of Chapter 38, BMC, and is therefore
approved, subject to the conditions listed in Section 3 of this report and the correction of any
elements not in conformance with the standards of the Chapter including those identified in Section
4 of this report. The evidence contained in the submittal materials, advisory body review, public
testimony, and this report,justify the conditions imposed on this development to ensure that the
final site plan and subsequent construction complies with all applicable regulations, and all
applicable criteria of Chapter 38, BMC.
D)This City Commission order may be appealed by bringing an action in the Eighteenth District Court
of Gallatin County, within 30 days after the adoption of this document by the City Commission,
by following the procedures of Section 76-3-625, MCA. The preliminary approval of this
subdivision shall be effective for three (3) years from the date of the signed Findings of Fact and
Order approval. At the end of this period the City may, at the request of the subdivider, grant
17273, Findings of Fact for the Amended Plat of Lot 7A,Block 41,Northern Pacific Addition
Minor Subdivision Preliminary Plat Page 17 of 19
individual extensions to its approval by the Community Development Director for a period of not
more than two years, or for more than two years by the City Commission.
DATED this 25th day of September, 2017.
BOZEMAN CITY COMMISSION
CARSON TAYLOR
Mayor
` $OZEI�
ATTEST: �� .• ' ■ ''
ROBIN CROUGH
City Clerk �LL�Tirt co��
APPROVED AS TO FORM:
KAREN STAMBAUGH
Assistant City Attorney
I
17273, Findings of Fact for the Amended Plat of Lot 7A,Block 41,Northern Pacific Addition
Minor Subdivision Preliminary Plat Page 18 of 19
APPENDIX A —PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property is zoned R-2 residential two-household medium density.
The intent of the R-2 residential two-household medium density district is to provide for one-
and two-household residential development at urban densities within the city in areas that present
few or no development constraints, and for community facilities to serve such development
while respecting the residential quality and nature of the area.
Adopted Growth Policy Designation:
The property is designated as "Residential"in the Bozeman Community Plan. The Plan indicates
that, "This category designates places where the primary activity is urban density dwellings. Other
uses which complement residences are also acceptable such as parks, low intensity home based
occupations, fire stations, churches, and schools. High density residential areas should be
established in close proximity to commercial centers to facilitate the provision of services and
employment opportunities to persons without requiring the use of an automobile. Implementation
of this category by residential zoning should provide for and coordinate intensive residential uses
in proximity to commercial centers. The residential designation indicates that it is expected that
development will occur within municipal boundaries, which may require annexation prior to
development."
APPENDIX B —DETAILED PROJECT DESCRIPTION AND BACKGROUND
Project Description
A Preliminary Plat Application by the property owner and applicant Julien Morice,2110 Sourdough
Road, Bozeman, MT 59715 and represented by C&H Engineering and Survey, Inc., 1091 Stoneridge
Drive,Bozeman,MT 59718 to allow the subdivision of Lot 7A,Block 41,Northern Pacific Addition
into 2 residential lots.No parkland is proposed or required for this subdivision.
Project Background
Lot 7A was created via subdivision exemption which aggregated 4 lots of Block 41 of Northern
Pacific Addition to the City of Bozeman in July 1994. The original plat was recorded circa 1983.
APPENDIX C—NOTICING AND PUBLIC COMMENT
A subdivision pre-application was submitted on August 16, 2016. The pre-application was
reviewed by the DRC on September 8, 2016 and summary review comments were forwarded to
the applicant in preparation of the preliminary plat application and granted numerous supplemental
information waivers under 38.41.060, BMC.
17273, Findings of Fact for the Amended Plat of Lot 7A, Block 41,Northern Pacific Addition
Minor Subdivision Preliminary Plat Page 19 of 19
A preliminary plat application was submitted on May 30,2017 and on June 7,2017 the application
was deemed acceptable for review. The preliminary plat was reviewed by the DRC on June 28,
2017 and was deemed adequate for continued review on August 9, 2017.
Public notice for this application was posted on site August 13, 2017. Public notice was sent to
all property owners of record within 200 feet of the subject property on August 10, 2017 and
physically adjacent property owners via first class mail on August 11, 2017. No public comment
has been received on this project to date.
On August 17, 2017 this subdivision staff report was drafted and forwarded with a
recommendation of conditional approval by the Planning Director for consideration by the City
Commission on August 28, 2017. The City Commission is scheduled to make a final decision at
their August 28, 2017 public hearing.
The final decision for a Minor Subdivision Preliminary Plat must be made within 35 working days
of the date it was deemed adequate; or in this case by September 28, 2017.
APPENDIX D — OWNER INFORMA TION AND REVIEWING STAFF
Owner: Julien Morice, 2110 Sourdough Road,Bozeman, MT 59715
Applicant: Julien Morice,2110 Sourdough Road,Bozeman,MT 59715
Representative: C&H Engineering and Survey, Inc., 1091 Stoneridge Drive, Bozeman,MT 59718
Report By: Addi Jadin, Associate Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development Department
at 20 E. Olive Street, Bozeman, MT 59715.