HomeMy WebLinkAbout11-27-17 City Commission Packet Materials - C3. University Crossing Preliminary Plat Findings of Fact
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Tom Rogers, Senior Planner Martin Matsen, Director of Community Development SUBJECT: University Crossing Minor Subdivision Preliminary Plat Findings
of Fact and Order, 17396 MEETING DATE: November 27, 2017 AGENDA ITEM TYPE: Consent RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the University Crossing Minor Subdivision Preliminary Plat Application. BACKGROUND: On October 23, 2017, the City Commission held a public hearing on an
application for preliminary plat approval for the University Crossing Minor Subdivision.
The Commission voted unanimously to approve the proposed subdivision subject to conditions and code provisions to ensure the final plat would comply with all applicable regulations and all required criteria.
State law provides that the governing body shall “provide a written statement to the applicant
detailing the circumstances of the condition imposition.” The statement must include: 1) the
reason for the condition imposition; 2) the evidence that justifies the condition imposition; and 3) information regarding the appeal process for the condition imposition. To proceed with submitting a final plat application for the initial phase(s) of the subdivision, the applicant must have a dated and signed Findings of Fact and Order.
UNRESOLVED ISSUES: Staff is unaware of any unresolved issues. ALTERNATIVES:
1) Approval of the Findings of Fact and Order as drafted.
2) Approval of the Findings of Fact and Order with modifications. 3) As determined by the City Commission.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property tax revenues from new development, along with increased costs to deliver municipal services to the property. Impact fees will be collected at the time of issuance of building permits for individual lots along with City sewer and water connection fees. Attachment: Findings of Fact and Order Report compiled on: November 16, 2017
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Return to:
City of Bozeman City Clerk PO Box 1230 Bozeman MT 59771-1230
Bozeman City Commission Findings of Fact and Order for the University
Crossing MiSub Preliminary Plat, Application17396
Public Hearing Date: City Commission meeting was held on October 23, 2017 at 6:00 pm
Project Description: A preliminary plat application for a proposed commercial five lot minor subdivision of an existing 3.02-acre tract of record to create three commercially zoned lots, one open space lot, and dedicate right-of-way.
Project Location: The property is addressed at 1915 South 19th Avenue, legally described as Tract 1A, COS 2008A, situated in the South East One-Quarter (SE ¼) of Section 14, Township Two South (T2S), Range Five East (R5E), P.M.M., Gallatin County, Montana, Plat J-498. The property is zoned B-2 (Community Business District).
Recommendation: Approval with conditions.
Recommended 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 17-396 and move to approve the University Crossing Minor Subdivision Preliminary Plat with conditions and subject to all applicable code provisions.”
Findings of Fact and Order Date: November 27, 2017
Staff Contact: Tom Rogers, Senior Planner
Agenda Item Type: Consent (Quasi-judicial)
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EXECUTIVE SUMMARY
Unresolved Issues There are no known unresolved issues.
Project Summary The property owner and applicant, 19th Capital Group, LLC, 322 W. Mendenhall Street, Bozeman, MT 59715, represented by C&H Engineering and Surveying, Inc., 1091 Stoneridge Drive, Bozeman MT 59718 submitted an application to subdivide 3.0211 acres into three commercial lots, open space, and dedicate street right-or-way. No parkland is required. No additional streets or similar improvements are requested or required with the proposed subdivision. Additionally, no subdivision or zoning variances are needed or requested with this application. The existing Crowley|Fleck building, approved in 2013, site plan review and approval contemplated future subdivision of the property to allow additional buildings to be constructed on site. The plat matches the approved site plan. This is a first minor subdivision from a tract of record. The final decision for a first minor subdivision Preliminary Plat must be made within 35 working days of the date it was deemed adequate; or in this case by October 25, 2017.
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.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 2 Unresolved Issues ............................................................................................................. 2 Project Summary ............................................................................................................... 2 Alternatives ........................................................................................................................ 2
SECTION 1 - MAP SERIES .......................................................................................................... 4
SECTION 2 – REQUESTED VARIANCES ................................................................................. 8
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SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ............................................ 8
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ........................ 9
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS ............................................ 11
SECTION 6 - STAFF ANALYSIS and findings .......................................................................... 11 Applicable Subdivision Review Criteria, Section 38.03.040, BMC. ............................. 11 Primary Subdivision Review Criteria, Section 76-3-608 ............................................. 13 Preliminary Plat Supplements ....................................................................................... 14
SECTION 8 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 17
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 19
APPENDIX B –PROJECT DESCRIPTION AND BACKGROUND ......................................... 19
APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 20
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 20
FISCAL EFFECTS ....................................................................................................................... 20
ATTACHMENTS ......................................................................................................................... 20
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SECTION 1 - MAP SERIES
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Zoning Map
Growth Policy Designation Map
Subject
Property
Subject
Property
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SECTION 2 – REQUESTED VARIANCES No subdivision or zoning variances are requested with this preliminary plat application.
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. These conditions are specific to the preliminary plat application.
Recommended Conditions of Approval: 1. 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 deviation or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. The final plat must conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Monumentation, Certificates of Survey, and Final Subdivision Plats (24.183.1101 ARM, 24.183.1104 ARM, 24.183.1107 ARM) and must be accompanied by all required documents, including certification from the City Engineer that record drawings for public improvements were received, a platting certificate, and all required and corrected certificates. 3. Prior to final plat approval an executed waiver of right to protest the creation of special improvement districts (SIDs) for a park maintenance district will be required to be filed and of record with the Gallatin County Clerk and Recorder, unless already filed with annexation. 4. The final plat shall include the following certificate: CERTIFICATE OF TRANSFER OF OWNERSHIP & COMPLETION OF NON-PUBLC IMPROVEMENTS The following are hereby granted and donated to the property owners association noted below for their use and enjoyment: (insert description and designations, e.g. open space parcels, storm water, etc. with each parcel having its own description like open space parcel A which corresponds to the labels on the plat face). Unless specifically listed in the Certificate of Dedication, the city accepts no responsibility for maintaining the same. I, (insert subdivider), hereby further certify that the following non-public improvements, required to meet the requirements of Chapter 38 of the Bozeman Municipal Code, or as a condition(s) of approval of the subdivision plotted herewith, have been installed in conformance with any approved plans and specifications prepared in accordance with the standards of Chapter 38 or other City design standards, or have been financially guaranteed and are covered by the subdivision improvements agreement accompanying and recorded with this plat. Installed Improvements: (list as appropriate - STORM DRAINAGE, DETENTION PONDS, COMMON OPENSPACE IMPROVEMENTS EXCLUDING THOSE LISTED BELOW).
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Financially Guaranteed Improvements: (list as appropriate - COMMON OPEN SPACE IRRIGATION & LAWN.) The subdivider hereby grants ownership of all non-public infrastructure improvements to the property owners association created by Document Number____________________. (To be filled in when recorded) By: _________ , Subdivider Date: ________________ 5. The subdivider must provide the necessary declaration and recitals to facilitate the property owners’ association bylaws and/or declaration of covenants, conditions and restrictions. Any cost sharing agreements for maintenance must be included with the final plat. 6. The applicant shall 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 shall include a digital copy (pdf) of the entire Final Plat submittal. This narrative shall be in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. 7. The applicant shall 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 Kagy Boulevard including paving, curb/gutter, sidewalk, lighting, and storm drainage. b. Street improvements to S. 19th Avenue including paving, curb/gutter, sidewalk, lighting, and storm drainage. c. Intersection improvements to the intersection of Kagy Boulevard and S. 19th Avenue. The document filed shall 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. The applicant must provide this item prior to final plat approval.
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS 1. Pursuant to section 38.26.060, BMC a 10 foot public utility easement must be shown on the final plat, south of the existing 15 foot public street easement and utility easement (Doc #2303763) prior to final plat approval. The existing public road and utility easement is insufficient to meet minimum ROW requirements for a Principle Arterial road section. An additional 10 foot public utility easement is required. 2. Pursuant to section 38.06.030 Mortgagee – If there are liens or mortgages against the property the appropriate Mortgagee certificate must be included. A preliminary title report was not
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included with the submittal. Therefore, staff cannot determine whether or not this
certificate is required. A title report is required at submittal of final plat. 3. Section 38.27.070 “Landscaping of Public Lands” – Installation by the developer of vegetative ground cover, boulevard trees, and irrigation system in the public right-of-way boulevard strips along all external perimeter development streets and adjacent to public parks or other open space areas is required with the final plat application. Details for required street tree
were not submitted with the application. 4. Bozeman Municipal Code (BMC) Section 38.23.060.A states: Where determined to be necessary, public and/or private easements shall be provided for private and public utilities, drainage, vehicular or pedestrian access, etc. The applicant must provide a drainage easement for drainage that will cross lot lines. The applicant must execute and file the easement with the County Clerk and Recorder and provide a copy of the filed easement prior to final plat approval. 5. Bozeman Municipal Code (BMC) Section 38.23.030.A states: The developer shall install complete drainage facilities in accordance with the requirements of the state department of environmental quality and the city, and shall conform to any applicable facilities plan and the terms of any approved site specific stormwater control plan. The city's requirements are contained in the design standards and specifications policy and the city modifications to state public works standard specifications, and by this reference these standards are incorporated into and made a part of these regulations. The applicant
must provide a stormwater maintenance plan for the existing stormwater system
improvements and incorporate that plan in the property owner’s association documents prior to final plat approval. 6. BMC 38.24.080.A states: City standard sidewalks (including a concrete sidewalk section through all private drive approaches) shall be constructed in all developments on all public and private street frontages, except for alleys. The requirements of the city design standards and specifications policy and the city modifications to state public works standard specifications shall apply. The City parks, recreation, open space, and trails (PROST) plan identifies the need for a shared use path along Kagy Boulevard. A shared use path must
be constructed adjacent to the property frontage for the proposed project when the
Montana Department of Transportation (MDT) Kagy Boulevard design is finalized, or if
the design is not to be finalized prior to future site plan approval, must be constructed
as a condition of future site plan approval of Lot 1. The applicant must file a building
restriction with Lot 1 that indicates construction of the shared use path must be
completed as a condition of future site plan approval of Lot 1. 7. BMC 38.24.090.A states: All final site plans and 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. A City standard drive access must be constructed to Kagy Boulevard per Standard Drawing 02529-13 when improvements to Kagy Boulevard are complete, or if improvements to Kagy Boulevard will not be built adjacent to this property by the future site plan approval on Lot 1, the access must be constructed as a condition of future site plan approval. The applicant must file a building restriction with Lot 1 that indicates construction of the drive access must be completed as a condition of future site plan approval of Lot 1.
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SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: University Crossing Minor Subdivision Preliminary Plat
File: 17-396 The Development Review Committee (DRC) reviewed the Preliminary Plat application on August 30, 2017. On August 30, 2017 the DRC determined the application submittal contained detailed, supporting information that is sufficient to allow for the review of the proposed subdivision; and as a result, finds that the application, with the recommended conditions of approval, is in compliance with the adopted growth policy, the Montana Subdivision and Platting Act and the Unified Development Code.
SECTION 6 - 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 no. 2 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. Therefore, the subdivision will be in compliance with the subdivision regulations.
3) Compliance with the local subdivision review procedures provided for in Part 6 of the
Montana Subdivision and Platting Act The hearing before the City Commission has been properly noticed as required by the Bozeman UDC. Based on the recommendation of the Development Review Committee (DRC) and other
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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 to the Department of Community Development on August 9, 2017 and was deemed acceptable for initial review on August 22, 2017. The preliminary plat was reviewed by the DRC on August 30, 2017. The DRC and Staff determined the submittal contained detailed and supporting information that is sufficient to allow for the review of the proposed subdivision on September 6, 2017. All supplemental information under 38.41.060, BMC was found to be satisfactory. Public notice for this application was posted with a public notice on October 6, 2017. Public notice was sent to property owners of record within 200 feet of the subject property via first class mail, on August 5, 2017. No comment has been received as of the production date of this report. On October 13, 2017, this subsequent minor subdivision staff report was drafted and forwarded with a recommendation of conditional approval by the Director of Community Development for consideration by the City Commission. The Commission is scheduled to make a final decision at their October 23, 2017. The final decision for a first minor subdivision Preliminary Plat must be made within 35 working days of the date it was deemed adequate; or in this case by October 25, 2017.
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. Some conditions of approval are noted to complete the application processing as the project proceeds to final plat. 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 Staff Finding no. 2 above and required by 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 All of the proposed lots have frontage to public streets constructed to City standards with lot frontage meeting minimum standard shown on the preliminary plat. The required width for a primary arterial, Kagy Blvd., does not currently exist. A code correction is identified for the required easement to meet the requirement. Once provided, the necessary legal access will be available. In addition, pursuant to Section 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.
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Primary Subdivision Review Criteria, Section 76-3-608
1) The effect on agriculture The subject property is designated as a commercial area according to the City of Bozeman Community Plan. The property is zoned for commercial uses, partially developed as a commercial property, and is adjacent to a primary Arterial Street in the City of Bozeman. Therefore, this subsequent subdivision will have no adverse effects on agriculture.
2) The effect on Agricultural water user facilities No agricultural water user facilities were identified on the subject property. The property is designated as a commercial area according to the City of Bozeman Community Plan. The property is zoned for commercial uses, partially developed as a commercial property, and is adjacent to a primary Arterial Street in the City of Bozeman. Therefore, this subdivision will have no adverse effects on agricultural water user facilities.
3) The effect on Local services
Water/Sewer – Municipal water and sewer mains exist in the adjacent street right-of-ways in Kagy Boulevard and South 19th Avenue. The existing building is being served by municipal services. Subsequent development plans for the undeveloped property is undetermined at this time. The developer installed water service stubs (fire and domestic) exist for each proposed lot with the Crowley|Fleck building site plan.
Streets – The DRC has determined that the adjacent streets have capacity to accommodate this development. No additional streets or access roads are required with this subdivision. Additional width for Kagy Blvd is needed to provide compliant street width. The additional width will offset the impacts to Kagy Blvd from additional traffic resulting from development of the minor subdivision.
Police/Fire – The property is located within the City’s Police and Fire emergency response area. The subdivider must obtain addresses for the new lots from the City Engineer’s Office prior to filing the final plat to facilitate emergency response to the site.
Stormwater - The standard requirement for a detailed review of the final grading and drainage plan, and approval by the City Engineer, will be required as part of the infrastructure plan and specification review process prior to final plat approval.
Parkland – Additional parkland is not required with this commercial 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.
5) The effect on Wildlife and wildlife habitat The further subdivision of the existing commercial lot will have little to no impacts on wildlife and wildlife habitat. Further, the project is in an area identified for development.
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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 other 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. and as a result, the Department of Community Development has reviewed this application against the listed criteria and further provides the following summary for submittal materials and requirements.
Preliminary Plat Supplements A subdivision pre-application plan review was completed by the DRC on June 10, 2015. Numerous waivers were requested by the applicant from Section 38.41.060 “Additional Subdivision Preliminary Plat Supplements” with the pre-application plan review application. The Development Review Committee granted the following waivers with the Preliminary Plat Application:1) Surface Water, 2) Floodplains, 3) Groundwater, and 4) Geology-soils-slopes, 5) Vegetation, 6) Wildlife, 7) Historical Features, 8) Agriculture, 9) Agricultural Water User Facilities,
10) Water and Sewer, 11) Stormwater management, 12) Streets, roads and alleys, 14) Educational Facilities. 16) Parks and recreational facilities, 17) Neighborhood center plan, 18) Lighting plan. 19) Miscellaneous, 20) Affordable Housing, A waiver to the supplemental information for the following are not granted: 13) Utilities, and 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 Supplemental information waived by the DRC. There are no areas of surface water within the subdivision.
38.41.060.A.2 Floodplains Supplemental information waived by the DRC. There are no floodway or flood plain areas within 2,000 horizontal feet of the subdivision.
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38.41.060.A.3 Groundwater Supplemental information waived by the DRC. Groundwater is known and will be considered with subsequent development applications.
38.41.060.A.4 Geology, Soils and Slopes Supplemental information waived by the DRC. There are no known geologic hazards associated with the site. The property is relatively flat minimizing geologic hazards.
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 Supplement information waived by the DRC. This is a developing urban area. The property is designated as an commercial area according to the City of Bozeman Community Plan. The property is zoned for commercial development and is within a developed commercial corridor. Although there are incidental small animals residing on this and adjacent property infill development within the City limits will occur.
38.41.060.A.7 Historical Features Supplemental information waived by the DRC. This is a developing urban area. There are no known cultural resources historical structures existed on the site.
38.41.060.A.8 Agriculture Supplemental information waived by the DRC. This is a developing area and this property is not used for agriculture.
38.41.060.A.9 Agricultural Water User Facilities Supplemental information waived by the DRC. There are no agricultural water user facilities on or adjacent to the subject property.
38.41.060.A.10 Water and Sewer Water for domestic and fire protection will be provided by connections to the City of Bozeman water system. As noted earlier in this report water stubs were installed with the existing site development in appropriate locations for the proposed lot lines. Sewer lines will be required with subsequent development. Wastewater collection is installed under the excess road with sufficient capacity to accommodate future development.
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38.41.060.A.11 Stormwater Management A stormwater management plan was provided for the existing building and parking on the property. It is anticipated that a stormwater management plan will be provided for the proposed Lot 18-A-2 at the time of site plan review for that lot.
38.41.060.A.12 Streets, Roads and Alleys No new streets, roads or alleys are proposed with this preliminary plat. Future development of proposed Lot 18-A-2 will require the construction of a drive access meeting the requirements of Section 38.24.090, BMC. To insure that the proposed easement for the shared access is sufficient to allow vehicular entrance and egress to both lots without encroaching on areas with no easement for Lot 18-A-1 and 18-A-2 Condition No. 6 is included to allow for the additional setbacks for Minor Arterial streets.
38.41.060.A.13 Utilities Utilities are located adjacent to and within the site. The existing public road and utility easement is insufficient to meet minimum ROW requirements for a Principle Arterial road section. Therefore, an additional 10 foot public utility easement is required as required by section 38.26.060, BMC a 10 foot public utility easement must be shown on the final plat, south of the existing 15 foot public street easement and utility easement (Doc #2303763) prior to final plat approval.
38.41.060.A.14 Educational Facilities As this is an industrial subdivision, educational enrollment is not affected.
38.41.060.A.15 Land Use The two proposed lots comply with the existing zoning designation of M-1.
38.41.060.A.16 Parks and Recreation Facilities The development is planned for commercial development and therefore, parkland is not required. However, as required an executed waiver the right to protest the creation of special improvement districts (SIDs) for a park maintenance district will be required to be filed and of record with the Gallatin County Clerk and Recorder, unless already filed with annexation.
38.41.060.A.17 Neighborhood Center Plan A neighborhood center is not included or required with this subdivision. The subdivision does not meet the requirements to require a neighborhood center.
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38.41.060.A.18 Lighting Plan Subdivision or street lighting is not required pursuant to Section 38.23.150.B, BMC. No lighting is being proposed with this subdivision.
38.41.060.A.19 Miscellaneous 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. The Workforce Housing Ordinance (Ordinance 1710) had been suspended by the City Commission. Subsequently, the City has adopted an inclusionary housing ordinance. This project does not count towards the City’s affordable housing goals. SECTION 8 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS
A. PURSUANT to Chapter 38, Article 3, BMC, and other applicable sections of Chapter 38,
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 applicant presented to the City a proposed preliminary plat to allow the subdivision of one
tract of 3.02 acres into three commercially zoned lots, one open space lot, and dedicate right-of-way.
B. 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 38 BMC, BMC; and to determine
whether the plat should be approved, conditionally approved, or denied.
C. 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.
D. 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 2 of this report and the correction of any
elements not in conformance with the standards of the Chapter including those identified in
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Section 3 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.
E. 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 one (1) year 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 an extension to its approval by the Community Development Director for
a period of mutually agreed upon time.
DATED this ________ day of _____________________, 2017
BOZEMAN CITY COMMISSION
_________________________________
CARSON TAYLOR
Mayor
ATTEST:
_______________________________
ROBIN CROUGH
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses: The subject property is zoned “B-2” (Community Business District). The intent of the B-2 community business district is to provide for a broad range of mutually supportive retail and service functions located in clustered areas bordered on one or more sides by limited access arterial streets.
Adopted Growth Policy Designation:
The property is designated as “Community Commercial Mixed Use” in the Bozeman Community
Plan. The Plan indicates that, “Activities within this land use category are the basic employment
and services necessary for a vibrant community. Establishments located within these categories
draw from the community as a whole for their employee and customer base and are sized
accordingly. A broad range of functions including retail, education, professional and personal
services, offices, residences, and general service activities typify this designation.”
APPENDIX B–PROJECT DESCRIPTION AND BACKGROUND
Project Description The property owner 19th Capital Group, LLC, represented by C&H Engineering and Surveying, Inc., submitted a preliminary plat application to further subdivide 3.36 acres into two light industrial zoned lots. No parkland is required. No additional streets or similar improvements are requested or required with the proposed subdivision. Additionally, no subdivision or zoning variances are requested with this application. This is a first minor subdivision from a tract of record.
Project Background The parent tract was created by COS 1837 in 1994 and expanded by boundary relocation in in 2010 (COS 2008-A)) to accommodate the current development. In 2013 application was submitted to construct the Crowley|Fleck commercial building on the property, see application Z-13174. The site plan shows proposed lot lines in anticipation of the University Crossing minor subdivision. A preliminary plat application was submitted to the Department of Community Development on August 9, 2017 and was deemed acceptable for initial review on August 22, 2017. The preliminary plat was reviewed by the DRC on August 30, 2017. The DRC and Staff determined the submittal contained detailed and supporting information that is sufficient to allow for the review of the proposed subdivision on September 6, 2017. All supplemental information under 38.41.060, BMC was found to be satisfactory.
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17396, Findings of Fact and Order for the University Crossing MiSub Page 20 of 20
Public notice for this application was posted with a public notice on October 6, 2017. Public notice was sent to property owners of record within 200 feet of the subject property via first class mail, on August 5, 2017. No comment has been received as of the production date of this report. On October 13, 2017, this subsequent minor subdivision staff report was drafted and forwarded with a recommendation of conditional approval by the Director of Community Development for consideration by the City Commission. The Commission is scheduled to make a final decision at their October 23, 2017. The final decision for a first minor subdivision Preliminary Plat must be made within 35 working days of the date it was deemed adequate; or in this case by October 25, 2017.
APPENDIX C – NOTICING AND PUBLIC COMMENT Public notice for this application was posted with a public notice on October 6, 2017. Public notice was sent to property owners of record within 200 feet of the subject property via first class mail, on October 5, 2017. No comment has been received as of the production date of this report. On October 13, 2017, this subsequent minor subdivision staff report was drafted and forwarded with a recommendation of conditional approval by the Director of Community Development for consideration by the City Commission. The Commission is scheduled to make a final decision at their October 23, 2017. The final decision for a first minor subdivision Preliminary Plat must be made within 35 working days of the date it was deemed adequate; or in this case by October 25, 2017.
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF
Owner: 19th Capital Group, LLC, Bozeman, MT 59715
Representative: C&H Engineering and Surveying, Inc., 1091 Stoneridge Drive, Bozeman MT 59718
Report By: Tom Rogers, AICP, Senior 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.
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Square FeetAcresAREA OF LOTS119,1312.7349KAGY BOULEVARD7,0310.1614COMMON OPEN SPACE5,4350.1248TOTAL131,5973.021134