HomeMy WebLinkAbout03- Farmhouse Partners Limited for Bridger Apts. II Two-Lot Minor Subdivision
i .
4
BEFORE THE BOZEMAN CITY COMMISSION
IN THE MATTER OF THE APPLICATION OF FINDINGS OF FACT
FARMHOUSE PARTNERS LIMITED PARTNERSHIP AND ORDER
FOR PRELIMINARY PLAT REVIEW OF BRIDGER
APARTMENTS II TWO-LOT MINOR SUBDIVISION
CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA
PURSUANT to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-625, Montana
Codes Annotated, and the Bozeman Area Subdivision Regulations, a public meeting and public hearing were
scheduled, after notice given, before the Bozeman Planning Board on October 7,2003, and before the Bozeman City
Commission on October 20,2003, on the above-entitled application. The applicant presented to the City Commission
a proposed preliminary subdivision plat to subdivide 5.1 O:i: acres of land and create two (2) residential.professional
office lots. The purpose of the public hearing was to consider all relevant evidence relating to public health, safety,
and welfare, including the required environmental assessment and recommendation of the Planning Board, to
determine whether the plat should be approved, conditionally approved, or disapproved.
It appeared to the City Commission that all parties and the public wishing to appear and comment were given
the opportunity to do so, and therefore, being fully advised of all matters having come before it regarding this
application, the City Commission makes the following Findings of Fact, as required:
FINDINGS OF FACT
I.
The application for preliminary subdivision plat review of the two-lot minor subdivision was submitted to the
Bozeman Planning Office on August 12,2003, after receiving a complete application. The application for preliminary
plat review is described as a tract of land being Tract 6B, Certificate of Survey No. 822 located in the Southeast One-
Quarter of Section 11, T2S, R5E, P.M.M., Gallatin County, Montana.
The preliminary subdivision plat, as proposed, will subdivide 5.10:i: acres of land and create two (2)
residential-professional office lots. Both subdivision lots will be served by City of Bozeman water and sanitary sewer
services, and will be accessed by the extension of Professional Drive, a City standard street.
With the application for preliminary plat review, the applicant requested a variance to Section 16.22.020
"Improvements Procedures" of the Bozeman Subdivision Regulations to obviate the requirement that subdivision
BRIDGER APARTMENTS II. FINDINGS OF FACT AND ORDER 1
.
.
improvements be installed or financially guaranteed prior to the filing of the final plat, to instead be required as part
of any future lot development pursuant to site plan review and approval.
II.
Notice of the public hearing before the Bozeman City Commission was published in the Bozeman Daily
Chronicle on Sunday, October 5, 2003, and the notice was posted at the site and mailed by Certified mail, return
receipt requested, to all adjoining property owners.
III
The Planning Board heard the matter of preliminary subdivision plat review on October 7, 2003. The
Planning Staff reviewed the project at that time and discussed the recommended conditions of approval submitted by
the Development Review Committee, including street improvements to Professional Drive and the recommendation
to create two individual lots for the existing fiber optics communication facilities currently existing on the site.
The Planning Staff further outlined the developer's request for a variance to Section ] 6.22.020
"Improvements Procedure" of the City of Bozeman Subdivision Regulations. The Planning StatT reported that no
written testimony, in favor of, or opposition to, the preliminary plat application was received as of the public meeting
before the Planning Board.
IV.
Mr. Dab Dabney, representing Farmhouse Partners Limited Partnership, discussed the two-lot minor
subdivision and need for a variance to the subdivision regulations to proceed with development of the second phase
of the affordable housing project known as Bridger Apartments II. Mr. Dabney commented on the need to obtain the
variance to the subdivision regulations in order to obtain tax credit financing for the affordable housing project and
obtain deed to the subdivision lot prior to installing required improvements for sanitary sewer, water, and street
improvements. Mr. Dabney discussed the need to file the final plat without the required subdivision improvements
being installed and also the reasoning to waive the required financial guarantee, and agreed to install said
improvements prior to future development on the subdivision lots.
V.
The public meeting portion on the preliminary plat application was opened for public comment. After
calling for public testimony three times and hearing none, the public meeting portion was closed.
BRIDGER APARTMENTS 11- FINDINGS OF FACT AND ORDER 2
. . .
VI.
After finding that the Preliminary Plat was properly submitted and reviewed under the procedures of the
Bozeman Area Subdivision Regulations, the Bozeman City Zoning Regulations, and the Bozeman Area Growth
Policy, the Planning Board reviewed and considered the facts against the criteria established in Title 76-3~608,
M.C.A.
VII.
The Planning Board found that with the recommended conditions the minor subdivision would comply with
the primary review criteria, and therefore voted 6-0 to forward a recommendation of conditional approval to the
Bozeman City Commission in Planning Resolution No. P-03031, with said conditions recommended by the Planning
Office.
VIII.
The matter of preliminary plat review for the two-lot minor subdivision, after notice given, was held before
the City Commission on Monday, October 20, 2003. At the recommendation of the City Attorney's Office to give
careful consideration to the applicant's request for a variance, the City Commission opened and continued the public
hearing on the matter to Monday, October 27,2003.
IX.
The matter was considered at a continued public hearing before the City Commission on Monday, October
27,2003.
X.
The Planning Staff reviewed the project at that time, discussed the applicant's need for the two-lot minor
subdivision to proceed with development of the second phase of an affordable housing project, the extension of
Professional Drive, recommendation to create individual lots for the existing fiber optics communication facilities,
and outlined the City Attorney's memorandum regarding the applicant's requested variance to the subdivision
regulations.
Mr. Dab Dabney, Farmhouse Partners Limited Partnership, discussed the need for the requested variance to
obtain finanCing through tax credits from the Montana Board of Housing and obtain title to the subdivision lot for
development of the affordable housing project.
BRIDGER APARTMENTS 11- FINDINGS OF FACT AND ORDER 3
.
Mr. Chris Budeski, Allied Engineering Services, Inc., requested to modify the language in condition #11 of
Staff Attorney Cooper's memorandum to include the wording "if applicable" to said condition.
XII.
The City Commission then considered the minutes, public record and recommendation of the Planning
Board, the developer's testimony, and weighed the proposed subdivision against the primary criteria tor subdivisions
establishcd in Title 76-3-608, and found as follows:
76-3-608(3)(a):
1) EFFECTS ON AGRICULTURE:
Historically, the subject property has been used for agricultural purposes with the majority of the parcel used
for cultivating crops or pasture prior to annexation of said lands to the City of Bozeman. With annexation of
the site the ability to be a viable farm unit is impractical. Based on the current land use patterns in area,
urban infill of the subject property is most viable option for the landowner.
2) EFFECTS ON LOCAL SERVICES:
The Development Review Committee has reviewed the preliminary plat application and concluded that
adequate pubic services are available in the area to service the proposed minor subdivision and that with the
recommended conditions of approval outlined in this staff report, any and all impacts that have been
identified will have been mitigated.
3) EFFECTS ON NATURAL ENVIRONMENT
No significant physical or topographical features, exclusive of the Farmer's Canal, have been identified with
the preliminary plat. Storm water runoff facilities will be addressed by the City Engineer's Office and the
applicant has entered into an agreement for a Noxious Weed Management Plan with the Gallatin County
Weed Board.
4) EFFECTS ON WILDLIFE AND WILDLIFE HABIT AT
Because the area in question was historically used for agricultural pasture prior to this devclopment proposal,
and finding no substantial amounts of mature vegetation, bushes or trees existing on the property in question,
no evidence of significant wildlife or wildli fe habitant have been identified.
5) EFFECTS ON PUBLIC HEALTH AND SAFETY
The Bozeman Development Review Committee (D.R.C.) reviewed the application for Preliminary
Plat review to crcate a two-lot minor subdivision; and as result, has determined that said impacts to the ,area's
public health and safety identified with this subdivision proposal and outlined in the this staff report, have the
ability to be mitigated based on the recommended conditions of approval prepared by the D.R.C.
Development of the minor subdivision will be serviced by municipal infrastructure, including sanitary sewer
that will eliminate the potential of groundwater degradation.
6) EF}'ECT ON AGRICULTURAL WATER USERS FACILITIES
The applicant suggest that the existing irrigation ditches on the subject property will be abandoned and that
no downstream water user facilities will be etTected. None the less, the applicant will still need to provide a
BRIDGER APARTMENTS 11- FINDINGS OF FACT AND ORDER 4
. .
.
written narrative stating that the development of the minor subdivision will not interfere with any agricultural
water user facility, irrigation ditchcs for downstream water rights will be effected.
76-3-608.3.b.M.C.A.
(i) - Compliance with survey requirements provided in Part 4 of the Montana Subdivision and Platting
Act.
The proposed minor subdivision appears to have complied with the survey requirements in Part 4 of
the Montana Subdivision and Platting Act and will be filed in the Gallatin County Clerk &
Recorder's Office with Final Plat review and approval.
(ii) - Compliance with the local subdivision regulations provided for in Part 5 of the Montana
Subdivision and Platting Act.
The proposed minor subdivision is in general compliance with the Bozcman Area Subdivision
Regulations based on the recommended conditions provided by the Bozeman Development Review
Committee and other applicable review agcncies.
(Hi) - Compliance with the local subdivision review procedures.
The application generally complies with the subdivision review procedures for a minor subdivision
established in the Bozeman Area Subdivision Regulations. Based on the recommendation of the
D.R.C. and other applicable review agencies, as well as any public testimony received. The
Bozeman Planning Board shall forward al recommendation in a Resolution to the Bozeman City
Commission who will make the final decision on the proposed major subdivision.
76-3-608.3.c. M.C.A.
(c) - Provision for easements for the location and installation of any planned utilities.
All new facilities (i.e., electricity, gas, telephone, cable) will be installed underground. Appropriate
easements shall be indicated on the Final Plat and the appropriate certificate on the plat granting the
use of the easements to the necessary entities. The Development Rcview Committee recommended
a condition of Preliminary Plat approval that required the applicant to clearly identify the thirty (30)
foot wide utility easement on the Final Plat for sewer and water mains that are located outside of
dedicated public right-of-ways.
76-3-608.3.d. M.C.A.
(d) - Provisions of legal and physical access to each parcel.
Legal and physical access to this application for Preliminary Plat review will occur with the extension of
Professional Drive, which will connect with West College Strcet at the south extreme of the minor subdivision.
Direct access to each individual lot will occur from Professional Drive, which will be built to City standards and
located within a 60-foot wide dedicated right-of-way. No direct access to West College Street will be permitted and
shall be noted accordingly on the Final Plat for this subdivision.
XIV.
After considering all matters of record presented at the public hearing and meeting, the City Commission
found that thc proposed preliminary plat for the two-Jot minor to divide 5.1 O:i: acres and creatc two (2) residential-
BRIDGER APARTMENTS 11- FINDINGS OF FACT AND ORDER 5
. .
.
professional office lots, would comply with the requirements of the Bozeman Area Subdivision Regulations and the
Montana Subdivision and Platting Act if certain conditions were imposed. The City Commission also found that,
with additional conditions, the requested variance could be granted without detriment to public health, safety, or
wclfare.
ORDER
THEREFORE, IT IS HEREBY ORDERED, on a vote of 5 to 0, that the Preliminary Subdivision Plat to
subdivide 5.] O:i: acres and create two (2) residential-professional office, has been found to meet the primary criteria of
the Montana Subdivision Platting Act, and is therefore approved, subject to the conditions listed below. The
requested variance from Section 16.22.020 "Improvements Procedures" of the Bozeman Subdivision Regulations, is
also granted. The evidence as stated in the Findings of Fact, justifies the conditions imposed on the subdivision to
ensure that the final plat complies with all applicable regulations, and all required criteria, that appropriate and safe
vehicular and pedestrian circulation is provided, adequate infrastructure and public services are provided, and
adequate public access, utility easements, and rights-of~way are provided.
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, M.C.A.
1. The applicant is advised that the City Commission has granted the requested variance from Section
16.22.020 to allow the final plat to be filed without installation of subdivision improvements and
entering into an improvements agreement. As such, the applicant, subdivider, landowner, and all heirs
and assigns, are advised that future development of the subject land will be subject to various
conditions, including, but not limited to, those outlined in Staff Report P-03031, and presented to the
City Commission on October 20, 2003.
2. A "No Build" restriction shall be filed and recorded separately with the tlnal plat that restricts all
building on this minor subdivision until such time that future development revicw application(s) are
submitted, reviewed and approved by the City of Bozeman, including the design, installation,
certification and inspection of required infrastructure.
3. The developer shall request that the City Engineer's oft1ce provide addresses for all individual lots in
the subdivision prior to filing of the final plat.
4. The final plat shall dedicate a 30-foot wide right-of-way for the south half of West Dickerson Street
from Professional Drive to the eastern boundary of this subdivision.
5. The final plat shall dedicate a total of 6O-feet south from the section linc for College Street.
6. That a one (1) foot wide "No Access" strip be delineated and noted accordingly on the final plat for all
lots fronting or backing onto West College Street prior to obtaining tinal plat approval.
BRIDGER APARTMENTS 11- FINDINGS OF FACT AND ORDER 6
. k
<
7. The final plat shall create three lots along the east side of the Professional Drive public right-of-way,
which shall include a separate lot for each of the two (2) existing fiber optics telecommunication sites
currently situation on the site, with the third lot being for further development.
8. The property owner shall provide and file with the County Clerk and Recorder's oflice executed
Waivers of Right to Protest Creation of SIDs for the following:
a. Street improvements to West College Street including paving, curb/gutter, sidewalk, and storm
drainage (unless currently filed with the property).
b. City-wide park maintenance district.
9. That the final plat contain a notation stating that all downstream water user facilities will not be
impacted by this subdivision and that it also be noted accordingly in the by-laws and protectivc
covenants for the homeowners' association.
10. The final plat shall comply with Section l6.0S.050 "Final Plat" and Chapter 16.32 "Certificates" of the
City of Bozcman Subdivision Regulations, and shall conform to all requirements of the Uniform
Standards for Final Subdivision Plats, including provisions for all appropriate certificates. The final
plat application shall be accompanied by all appropriate documents, including a Platting Certificate.
Four mylar copies of the final plat must be submitted for final plat approval, along with two (2) digital
copies of the final plat, on a double sided, high density 3Y2-inch floppy disk; and five (5) paper prints.
11. That the applicant obtain Montana Department of Environmental Quality approval of the subdivision
prior to final plat approval pursuant to Sections 16.16.101 through 16.16.805 A.R.M., if applicable.
12. That the final plat contains the minimum twenty (20) foot wide utility easements on all side and rear
property lines as required by the Subdivision Regulations. The requirement of utility easements in the
side property lines may be waived when all local utility agencies and the Director of Public Service
agree in writing that utilities can be installed in the proposed utility easements along the front and rear
of the subdivision lots or other proposed easements and that utility easements along the side property
lines are not necessary.
13. That the final plat contain the following language that is readily visible with bold lettering, at a
minimum width of l/S.inch, placing future landowners of individual lots on notice of the presence of
high groundwater in the area of the subdivision for review and approval by the Planning Office:
"Due to the potential for high ground water table within the areas of the subdivision, it is not
recommended that residential dwellings or commercial structures with full or partial
basements be constructed without first consulting a professional engineer licensed in the State
of Montana and qualified in the certification of residential and commercial construction."
14. Prior to filing of the final plat for the subdivision the applicant must provide written documentation of
having entering into a signed Memorandum of Understanding with the County Weed Control District.
15. That the developer shall have three (3) years from the date of preliminary plat approval to complete the
conditions of preliminary plat approval and apply for final plat approval. At the end of this period the
City Commission may, at the written request of the subdivider, extend its approval for a period of no
more than one (1) calendar year except that the City Commission may extend its approval for a period
of more than one (1) year if that approval period is included as a spccific condition of a written
subdivision improvements agreement between the City Commission and the subdivider, provided for
in Chapter 16.22 of the Bozeman Subdivision Regulations.
BRIDGER APARTMENTS II. FINDINGS OF FACT AND ORDER 7
. . '-
16. That the applicant submits with the application for final plat review and approval of the minor
subdivision, a written narrative stating how each of the conditions of prcliminary plat approval has
been satisfactorily addressed.
The preliminary approval of this subdivision shall be effective tor three (3) years from the date of
Preliminary Plat approval, or October 22, 2006. At the end of this period the City Commission may, at the request of
the subdivider, extend its approval for not more than the one (1) calendar year. However, preliminary approval may
be extended for more than one (1) calendar if the developer enters into, and secures, an Improvements Agreement for
the Subdivision.
DATED this 1st day of December, 2003.
BOZEMAN CITY COMMISSION
Steven
ATTEST:
0
APPROVED AS TO FORM:
7
BRIDGER APARTMENTS 11- FINDINGS OF FACT AND ORDER 8