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HomeMy WebLinkAbout04- Deborah Bear Mckay / . . BEFORE THE BOZEMAN CITY COMMISSION IN THE MATTER OF THE APPLICATION OF FINDINGS OF FACT DEBORAH BEAR MCKAY FOR PRELIMINARY AND ORDER PLA T REVIEW OF A 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 City of Bozeman Subdivision Regulations, a public mceting and public hearing were scheduled, after notice given, before the City of Bozeman Planning Board on November 4, 2003, and before the Bozeman City Commission on November 24, 2003, on the above-entitled application. The applicant presented to the City Commission a proposed preliminary subdivision plat to subdivide 0.344:!: acres of land and create two (2) residential 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 rcgarding 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 5, 2003, after receiving a complete application. The application was subsequently modified on September 11, 2003, at the recommendation of the City of Bozeman Design Revicw Committee, to consider a request for a variance to Section 16.14.050 "Sidewalks" of the City of Bozeman Subdivision Regulations. The application for preliminary plat review is described as a tract of land being a portion of Block 3, Babcock and Davis Addition, City of Bozeman, located in the Northwest One~Quarter of Section 7, T2S, R6E, P.M.M., Gallatin County, Montana. I MCKAY TWO-LOT MINOR SUUDlVISION - FINDINGS 01<' FACT AND ORDER 1 . The preliminary subdivision plat, as proposed, will subdivide an cxisting parcel being 0.344:!:: acres of land and create two (2) residential lots. Both subdivision lots will bc scrved by City of Bozeman water and sanitary sewer services, and will be accessed by existing North Wallace Street and Davis Street. With the application for preliminary plat review, the applicant requests a variance to Section 16.14.050 "Sidewalks" of the Bozeman Subdivision Regulations to file the final plat without the installation of City standard sidewalks along Davis Strect prior to occupancy of a residential structure on thc individual lots. II. Notice of the public hearing before the Bozeman City Commission was published in the Bozeman Daily Chronicle on Sunday, October 19, 2003, and the notice was posted at the site and mailed by Certified mail, return receipt requested, to all adjoining property owners. III. The matter of preliminary plat review for the two-lot minor subdivision, after notice given, was held before the Planning Board on Tuesday, October 7, 2003. Finding that the applicant requested a variance to Section 16.14.050 "Sidewalks" of the Bozeman Subdivision Regulations after notice was given, the Planning Board opened and continued the public meeting on the matter to Tuesday, November 4,2003. IV. The matter of preliminary plat review for the two-lot minor subdivision, after renotice given, was reopened and held before the Planning Board on Tuesday, November 4,2003. The Planning Staff reviewed the project at that time and discussed the recommended conditions of approval submitted by the Development Review Committee, including waivers for right-to-protest creation of Special Improvement Districts for a City-wide park maintenance district and street improvements to Davis Street. The Planning Staff further outlined the developer's request for a variance to Section 16.14.050 "Sidewalks" of the City of Bozeman Subdivision Regulations. The Planning Staff 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. I MCKAY TWO-LOT MINOR SUBDIVISION - FINDINGS OF I"ACT AND ORDER 2 . . V. Mr. Mark Chandler of C & H Engineering, representing Deborah Bear McKay, discussed the request for a variance to the subdivision regulations to delay installation of City standard sidewalk along Davis Strcet due to existing mature vegetation and until an area wide District was created for sidewalks. VI. 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. VII. After finding that the Preliminary Plat was properly submitted and reviewed under the procedures of the City of Bozeman Subdivision Regulations, the Bozeman City Zoning Regulations, and the Bozeman 2020 Community Plan, the Planning Board reviewed and considered the facts against the criteria established in Title 76-3-608, M.C.A. VIII. The Planning Board found that with the attached conditions the two-lot minor subdivision would comply with the primary review criteria, and therefore voted 7-0 to forward a recommendation to the City Commission of conditional approval on the request for a variance to Section 16.14.050 "Sidewalks" of the subdivision regulations, and conditional approval of the preliminary plat application for a two-lot minor subdivision in Planning Resolution No. P-03028, with said conditions recommended by the Planning Office. IX. The matter of preliminary plat review for the two-lot minor subdivision, after notice given, was held before the City Commission on Monday, November 24,2003. The Planning Staff reviewed the project at that time, discussed the applicant's desire for the two-lot minor subdivision to create a second residential lot and the reasons for requesting a variance to Section 16.14.050 "Sidewalks" of the City of Bozeman Subdivision Regulations. X. Deborah Bear McKay, applicant. discussed the need for the two-lot minor subdivision in order to refinance her existing residence that is situated on the front lot facing on North Wallace A venue. I MCKAY TWO-UlT MINOR SUBDIVISION. FINDINGS OF FACT AND ORDER 3 . XI. 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 for subdivisions established in Title 76-3-608, and found as follows: 76-3-608(3)(a): 1) EFFECTS ON AGRICULTURE: Thc subject site is presently occupied by the applicant's existing residence and the surrounding neighborhood(s) is fully developed at urban densities. There is no evidencc of agricultural activity in the area; and therefore, there are no effects on agriculture. 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 have been identified with the preliminary plat. Storm water runoff facilities will be addressed by the City Engineer's Office with development of newly created residential lot, if necessary, and thc 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 A T There is no evidence of wildlife and wildlife habitat due the urban development of the area. 5) EFFECTS ON PUBLIC HEALTH AND SAFETY The Bozeman Development Review Committee (D.R.C.) reviewed the Preliminary Plat application to create 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 have been addressed with the recommended conditions of approval. Sanitary sewer and water serviccs arc available to the proposed subdivision. Finding that Davis Street is a partially improved public street with pavement and curb, gutter, and boulevard sidewalk only on the north side, the D.R.C. recommended that the applicant consider a variance to Section 16.14.050 "Sidewalks" of the Bozeman Subdivision Regulations. The advisory body determined that it would be in the best interest of the community to install the boulevard sidewalk along the entire length of the south side between North Wallace Avenue and Ida Avenue and as one project. Development of the minor subdivision has the ability to be serviced by municipal infrastructure, including sanitary sewer that will eliminate the potential of groundwater degradation. 6) EFFECT ON AGRICULTURAL WATER USERS FACILITIES No irrigation ditches for downstream water facility users have been identified on the subject property. I MCKAY TWO-LOT MINOR SUBDIVISION - FINDINGS OJ<' J<'ACT AND ORDER 4 . . . . All subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, M.C.A., 1995 regardless of compliance with master plan status. As a result, the Commission has reviewed this application against the listed criteria and further provides the following summary review: 76-3-60S.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 complies 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 Pinal 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 will comply with the Bozeman Area Subdivision Regulations based on the recommended conditions provided by the Bozeman Development Review Committee and other applicable review agencies. (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 Subdivision Regulations. Based on the recommendations of the D.R.C. and other applicable review agencies, as well as any public testimony received, the Bozeman Planning Board shall forward all 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 utility services (i.e., electricity, gas, telephone, cable) will be installed underground, unless utility companies have conflicts due to the present built environment of the area. Anew 12-foot wide utility easement will be recorded along the North Wallace Avenue and Davis Street frontages to provide the potential for installation of additional utility services. The Final Plat will contain the appropriate certificate granting the use of the utility easement to the necessary entities. 76-3-60S.3.d, M.C.A. (d) - Provisions of legal and physical access to each parcel. The newly created residential lot (i.e., Lot 2) will be accessed by the Davis Street. XII. After considering all matters of record presented at the public hearing and meeting, the City Commission found that the proposed preliminary plat for the two-lot minor to divide O.344::t acres and creatc two (2) residcntial Jots, would comply with the requirements of the Bozeman Area Subdivision Regulations and I MCKAY TWO.LOT MINOR SUBDIVISION. FINDINGS OF FACT AND ORDER 5 . . . the Montana Subdivision and Platting Act if certain conditions were imposed. The City Commission also found that thc proposed subdivision variance would comply with the Bozeman 2020 Community Plan and the requirements of the Bozeman Area Subdivision Regulations, the Montana Subdivision and Platting Act, and the Bozeman Zoning Ordinance ORDER THEREFORE, IT IS HEREBY ORDERED, on a vote of 5 to 0, that the Preliminary Subdivision Plat to subdivide 0.344:t acres and create two (2) residential lots, 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 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. It is further ordered that the Subdivision Variance for the McKay Minor Subdivision, be approved. 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 preliminary plat shall be modified to identify Wallace Street as being Wallace "Avenue". 2. Undcr Section 16.14.050 "Sidewalks" ofthe Bozeman Subdivision Regulations, City standard sidewalks shall be constructed along East Davis Street prior to occupancy of any structure on individual lots, or financially guaranteed and installed upon the third anniversary, unless the City Commission grants a variance. 3. The property owner shall provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Sills for the following: a) Street improvements to East Davis Street including paving, curb/gutter, sidewalk, and storm drainage (unless currently filed with the property). b) City-wide park maintenance district. 4. That the final plat contains a notation stating that all downstream water user facilities will not be impacted by this subdivision. I MCKAY TWO-LOT MINOR SUBDIVISION - I<'INDlNGS OF FACT AND ORDER 6 " . . . 5. That the final plat shall comply with Section 16.08.050 "Final Plat" and Chapter 16.32 "Certificates" of the City of Bozeman Subdivision Regulations and shall conform to all requirements of the Uniform Standards for Pinal Subdivision Plats and including provisions for all appropriate certificates and language, certification from the City Engineer that as-built drawings for public improvements were received and 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. 6. 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. 7. 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 twelve (12) foot wide and ten (10) foot wide utility easements along the front and rear of the residential lots or other proposed easements and that utility easements along the side property lines are not necessary. 8. No storm water runoff swales and/or ditches shall be allowed in required yard setbacks unless installed underground in properly designed piping that is reviewed and approved by the City Engineer's Office and Planning Office prior to final plat approval. 9. If the final plat for :my phase of the subdivision is to be filed prior to installation, certification, and acceptance of all required improvements by the City of Bozeman, the developer shall enter in an Improvements Agreement with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval, and the developer shall supply the City of Bozeman with an acceptable method of security equal to one hundred fifty (150) percent of the estimated cost ofthe remaining improvements. 10. 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 for said minor subdivision. 11. That the applicant submits with the application for final plat review and approval of McKay Two-Lot Minor Subdivision, a written narrative stating how each of the conditions of preliminary plat approval have been satisfactorily addressed. The preliminary approval of this subdivision shall be effective for three (3) years from the date of Preliminary Plat approval, or November 24, 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 (I) calendar if the developer enters into, and secures, an Improvements Agreement for the Subdivision. DATED this 23 day of F e-hrvqry ,2004. , I MCKAY TWO.LOT MINOR SUBDIVISION - FINDINGS OF "'ACT AND ORDER 7 .. . .. N CITY COMMISSION A ATTEST: APPROVED AS TO FORM: ~oi~ Robin L. Sullivan, Clerk of the Commission I MCKAY TWO-LOT MINOR SUBDIVISION - FINDINGS OF FACT AND ORDER 8