Loading...
HomeMy WebLinkAbout17483 PB SRPage 1 of 15 17483, Planning Board Staff Report for the Lot 11 Gallatin Center Minor Subdivision Public Hearing Date: Planning Board, June 4 2019 at 6:00 pm in the City Commission Room 121 N. Rouse Avenue, Bozeman, Montana City Commission, July 17, 2019 at 6:00 pm in the City Commission Room 121 N. Rouse Avenue, Bozeman, Montana Project Description: A development review application was submitted to the Department of Community Development requesting a second or subsequent minor subdivision from a tract of record (8.615 acres) to create two lots. Project Location: The property is zoned B-2 (Community Business District). The property is addressed as 3155 Cattail Street and is legally described as Lot 11, Phase 1, Gallatin Center Subdivision & PUD Phase 4, situated in Northeast One-Quarter (NE ¼), Section 35, TIS, R5E, P.M.M., City of Bozeman, Gallatin County, Montana. Recommendation: Approval with conditions and code requirements Planning Board 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 17483 and move to recommend approval of the subdivision with conditions and subject to all applicable code provisions. Report Date: May 31, 2019 Staff Contact: Danielle Garber, Assistant Planner Griffin Nielsen, Development Review Engineer Agenda Item Type: Action (Quasi-judicial) EXECUTIVE SUMMARY Unresolved Issues 1) None Project Summary The applicant, Gallatin TR LP is proposing to subdivide the 8.615-acre lot 11 in phase 1 of phase 4 of the Gallatin Center Subdivision into two commercially zoned lots. This subdivision is bound on three sides by existing Gallatin Center Subdivision lots, Opportunity Subdivision is further to the south and North 19th to the east. Lot 11A on the corner of Max Avenue and Cattail Street is proposed to be 4.746 acres, and 11B to be 3.869 acres. Catron Creek runs along the west edge of 17490, Planning Board Staff Report – Norton Ranch Phase 4 Subdivision Page 2 of 15 the proposed 11A. A 100-foot wide stream corridor reviewed and approved with the original subdivision will be maintained. No regulated activities are proposed in the watercourse setback or delineated wetlands with this application. All required right-of-way has been dedicated with the original subdivision. There are existing utility easements within the proposed lots and along the perimeter. A public water line easement containing an existing water main runs through lot 11B, and water and wastewater mains run through the northern portion of both lots. Mutual access between the lots is maintained through existing protective covenants. Cash-in-lieu of water rights for this subdivision will be deferred until future development per Section 38.410.130.C.5. The City of Bozeman Department of Community Development received a preliminary plat application on October 04, 2017, requesting a second or subsequent minor subdivision. The project was deemed inadequate for review and review halted until revised materials were provided. Revised materials were submitted on November 13, 2018 and the application was again deemed inadequate on December 19, 2018. Revised materials were received between January and March. The application was deemed inadequate on March 7, 2019. Revised materials were received between March and May. The application was deemed adequate on May 7, 2019 and review continued. The final decision for a second or subsequent minor subdivision Minor Subdivision must be made within 60 working days of the date it was deemed adequate, or in this case, by July 6, 2019. The City Commission is scheduled to review the preliminary plat and make a decision at their June 17, 2019 public hearing. Alternatives 1. Recommend approval of the application with the recommended conditions; 2. Recommend approval the application with modifications to the recommended conditions; 3. Recommend denial of the application based on the Board’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. 17490, Planning Board Staff Report – Norton Ranch Phase 4 Subdivision Page 3 of 15 TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................ 1 Unresolved Issues ............................................................................................................... 1 Project Summary ................................................................................................................. 1 Alternatives ......................................................................................................................... 2 SECTION 1 - MAP SERIES .......................................................................................................... 4 SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL ............................................ 6 SECTION 3 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ........................ 7 SECTION 4 - RECOMMENDATIONS AND FUTURE ACTIONS ............................................ 8 SECTION 5 - STAFF ANALYSIS AND FINDINGS ................................................................... 8 Applicable Subdivision Review Criteria, Section 38.240.130, BMC................................. 8 Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 10 Preliminary Plat Supplements ........................................................................................... 11 APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY...................................... 13 APPENDIX B – NOTICING AND PUBLIC COMMENT ........................................................ 14 APPENDIX C - OWNER INFORMATION ................................................................................ 14 FISCAL EFFECTS ....................................................................................................................... 14 ATTACHMENTS ......................................................................................................................... 14 17490, Planning Board Staff Report – Norton Ranch Phase 4 Subdivision Page 4 of 15 SECTION 1 - MAP SERIES Figure 1 Vicinity and Zoning Map 17490, Planning Board Staff Report – Norton Ranch Phase 4 Subdivision Page 5 of 15 Figure 2 Growth Policy Map 17490, Planning Board Staff Report – Norton Ranch Phase 4 Subdivision Page 6 of 15 Figure 3 Preliminary Plat SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. 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 waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. The plat shall 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 shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for 17490, Planning Board Staff Report – Norton Ranch Phase 4 Subdivision Page 7 of 15 public improvements were received, a platting certificate, and all required and corrected certificates. The Final Plat application shall 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 1½” 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. 3. 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. 4. 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. 5. Subdivision lighting SILD information shall be submitted to the Clerk of Commission after Preliminary Plat approval in hard copy and digital form. The initial adoption of the special improvement lighting district shall include the entire area of the preliminary plat. At the time the SILD is created both lots 11A and 11B must be a part of the district. 6. The property owners association documents created for this subdivision must include provisions describing the agreed upon method of contribution to the Gallatin Center Property Owners Association and binding property owners of future phases to contribute to the maintenance and upkeep of publicly accessible open space lands required to be maintained by the Gallatin Center Subdivision. The provisions in the property owners’ association documents fulfilling this condition shall be considered required by the City Commission pursuant to Section 38.220.320.A.4, BMC. SECTION 3 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS The following are procedural requirements not yet demonstrated by the plat. 1. The final plat must contain updated references to the newest version of the Unified Development Code, Chapter 38 of the Bozeman Municipal Code, effective March 31, 2018. Specifically the water rights note should reference Section 38.410.130. 2. The final plat must contain updated dates. 3. Revise the Certificate of Exclusion from Montana DEQ Review to site the correct MCA exclusion reference to be MCA 76-4-125(1)(d). The recently revised reference from the last state legislative session cited on the plat does not go into effect until October 1, 2019. 17490, Planning Board Staff Report – Norton Ranch Phase 4 Subdivision Page 8 of 15 4. Section 38.240.450 requires a certificate of completion of improvements. Certificate must specifically list all installed improvements and financially guaranteed improvements, specifically street lights along Cattail Street from North 19th to Max Avenue. 5. Section 38.550.070. In accordance with the requirements of this section, installation by the developer of vegetative ground cover, boulevard trees, and irrigation system in the public right-of-way boulevard strips and adjacent to public parks or other open space areas is required prior to the final plat application of that phase. Applies to any boulevard landscaping needing repaired or not already existing. SECTION 4 - RECOMMENDATIONS AND FUTURE ACTIONS The DRC determined that the application is adequate for continued review and recommended approval with conditions on May 7, 2019. The Planning Board will conduct a public hearing to review the preliminary plat and make a recommendation to the City Commission. The public hearing date for the Planning Board in June 4, 2019. The hearing will be held in the City Commission Chamber, 121 N Rouse Avenue at 6 pm. The public hearing date for the City Commission is June 17, 2019. The hearing will be held in the City Commission chamber, 121 N Rouse Avenue at 6 pm. 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 38.240.130, 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 of Approval No. 2, the final plat must comply with State statute, Administrative Rules of Montana, and the Bozeman Municipal Code. 17490, Planning Board Staff Report – Norton Ranch Phase 4 Subdivision Page 9 of 15 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. Sections 2 and 3 of this report identify conditions and code corrections necessary to meet all regulatory standards. Therefore, upon satisfaction of all conditions and code corrections the subdivision will comply with the local subdivision regulations. 3) Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act The City of Bozeman Department of Community Development received a preliminary plat application on October 04, 2017, requesting a second or subsequent minor subdivision. The project was deemed inadequate for review and review halted until revised materials were provided. Revised materials were submitted on November 13, 2018 and the application was again deemed inadequate on December 19, 2018. Revised materials were received between January and March. The application was deemed inadequate on March 7, 2019. Revised materials were received between March and May. The application was deemed adequate on May 7, 2019 and public hearings were scheduled. The hearings before the Planning Board and City Commission have 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 Planning Board shall forward a recommendation to the City Commission who will make the final decision on the applicant’s request. The final decision for a second or subsequent minor subdivision preliminary plat must be made within 60 working days of the date it was deemed adequate. Pursuant to Section 38.240.130.A.5.a(3), BMC, the City Commission shall approve, conditionally approve or deny the subdivision application by June 17, 2019, unless there is a written extension from the developer, not to exceed one year. Public notice for this application was given as described in Appendix C. On May 31,2019, this staff report was completed and forwarded with a recommendation of conditional approval for consideration by the Planning Board. 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 if all code requirements are satisfied. Pertinent code provisions and site specific requirements are included in this report for consideration in Sections 2 and 3. 17490, Planning Board Staff Report – Norton Ranch Phase 4 Subdivision Page 10 of 15 5) The provision of easements to and within the subdivision for the location and installation of any necessary utilities All easements, existing and proposed, must 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 proposed public streets required to be constructed to City standards per 38.400 and associated design standards. In addition, pursuant to Section 38.400.090.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 regional commercial and services according to the City of Bozeman Community Plan. The area is zoned for commercial development and has largely already been developed. The subdivision is entirely surround by urban conditions, this subdivision will not have adverse effects on agriculture. 2) The effect on Agricultural water user facilities No agricultural water user facilities exist on the property. The area is zoned for commercial development, and has developed in all directions. 3) The effect on Local services Water/Sewer – Municipal water and sewer can be provided to this site. Adequate sewer and water capacity exists to serve the development. Internal water and sewer mains already exist. Cash-in-lieu of water rights is required to provide long-term water to the project. A note on page 1 of the plat notes that this payment has been deferred until future development occurs within this subdivision. Water rights or cash-in-lieu of water rights must be provided prior to final site plan approval or the issuance of any building permit. Streets – The Growth Policy and subdivision standards require adequate connectivity of the street grid to ensure sufficient infrastructure to serve the needs of the public and alleviate congestion. The preliminary plat shows access from North 19th and Cattail Street, both existing streets. The mutual access between lots is maintained by the Gallatin Center Covenants. A deviation request to Engineering allowing an additional access across the Cattail St. no-access strip was denied. 17490, Planning Board Staff Report – Norton Ranch Phase 4 Subdivision Page 11 of 15 Street lighting is a component of the required street improvements. A special improvement lighting district is proposed to maintain these facilities. Condition 5 ensures that the SILD will be formed and effective. The requirement for a single SILD will simplify long-term maintenance of the streetlights and provide a cost that is more equitably shared. Code Requirement 4 requires the street lights along Cattail Street to be installed or financially guaranteed prior to final plat. Maintenance and use of public streets is subject to the terms of the municipal code. Police/Fire – The area of the subdivision is within the service area of both these departments. No concerns on service availability have been identified. The necessary addresses will be provided to enable 911 response prior to recording of the final plat. Stormwater - The subdivision will utilize existing on-site stormwater collection systems. A stormwater design report was provided and revised by the Engineering Division and a draft stormwater management plan was provided. A note on page 1 of the plat states that all on-site stormwater infrastructure is to be maintained by the POA. 4) The effect on the Natural environment Wetlands exist along the property boundary to the west, which are related to the adjacent creek. The watercourse setback for this watercourse and wetland is contained in lot 11A and noted on the plat. No regulated activities are proposed in these setbacks beyond existing improvements. 5) The effect on Wildlife and wildlife habitat No known effects to wildlife or habitat have been provided. The proposed subdivision is in an urban environment and FWP was not contacted since this requirement was waived during pre- application review. 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. Conditions deemed necessary to ensure compliance are noted throughout this staff report. All subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, Mont Code Annotated. 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 July 25, 2017. With the pre-application plan review application, waivers were requested from the materials required in Section 38.220.060 “Additional Subdivision Preliminary Plat Supplements.” Some items were not waived and all required material has been addressed. Staff offers the following summary comments on the supplemental information required with Article 38.220, BMC. 17490, Planning Board Staff Report – Norton Ranch Phase 4 Subdivision Page 12 of 15 38.220.060.A.1 Surface Water Surface waters on the property include the East Catron Creek, which runs along the west property boundary. Mitigation and buffers to this watercourse and any associated wetlands were reviewed and approved with the original subdivision. No impacts to surface waters are identified with this application. Improvements to watercourse setback landscaping and rehabilitation will be reviewed with subsequent development applications. 38.220.060.A.2 Floodplains Material Waived. The hydrologic analysis completed in 1998 for waterways traversing the Gallatin Center Subdivision was deemed acceptable and no new analysis was required. No impacts to flood plains are identified. 38.220.060.A.3 Groundwater This requirement was reviewed by the Engineering Division. A letter certifying that the groundwater depths were not of concern was provided by Madison Engineering with their November 2018 re-submittal and this was found to be acceptable by City Engineers. This letter can be found in the project documents accompanying this report. 38.220.060.A.4 Geology, Soils and Slopes No unusual geological features are present. A NRCS web soil survey conducted in 2017 is provided with the application documents. 38.220.060.A.5 Vegetation Material waived. The subdivision area is largely already developed and no impacts to vegetation identified. 38.220.060.A.6 Wildlife Material waived. No critical wildlife species or habitat are known to be found on the property. 38.220.060.A.7 Historical Features Material waived. No notable features are on the site. 38.220.060.A.8 Agriculture Material waived. No agriculture resources present. 38.220.060.A.9 Agricultural Water User Facilities Material waived. No agricultural water user facilities identified. 38.220.060.A.10 Water and Sewer The proposed lots will be serviced by existing water and wastewater mains that run through the property. A water design report was reviewed by the Engineering Division and no issues identified. 17490, Planning Board Staff Report – Norton Ranch Phase 4 Subdivision Page 13 of 15 38.220.060.A.11 Stormwater Management A stormwater design report and draft maintenance plan were reviewed by the Engineering Division. This subdivision proposes to utilize existing facilities for drainage. 38.220.060.A.12 Streets, Roads and Alleys See discussion above under primary review criteria. 38.220.060.A.13 Utilities All private utilities servicing the subdivision already exist or will be reviewed during subsequent development. See discussion above under primary review criteria regarding extension of water and sewer. All private utilities are available in the area. 38.220.060.A.14 Educational Facilities Material waived. This is a commercial development. 38.220.060.A.15 Land Use Material waived. The use proposed is exclusively commercial which conforms to the future land use designation and zoning purposes. 38.220.060.A.16 Parks and Recreation Facilities Material waived. This is a commercial development. 38.220.060.A.17 Neighborhood Center Plan Material waived. This is a commercial development. 38.220.060.A.18 Lighting Plan All street lights installed must use LED light heads and must conform to the City’s requirement for cut-off shields as required by the City’s specifications. A Special Improvement Lighting District (SILD) will be created 38.220.060.A.19 Miscellaneous Material waived. No additional impacts or hazards anticipated. 38.220060.A.20 Affordable Housing Material waived. This is a commercial development. 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. Multi-household dwellings, townhouses, and 17490, Planning Board Staff Report – Norton Ranch Phase 4 Subdivision Page 14 of 15 apartments are allowed as a secondary use due to their complementary nature and ability to enhance the walkability of these districts. Design standards emphasizing pedestrian oriented design are important elements of this district. Use of this zone is appropriate for arterial corridors, commercial nodes, and/or areas served by transit. Adopted Growth Policy Designation: The Future Land Use Map of the Bozeman Community Plan designates the subject property to develop as “Regional Commercial and Services.” Bozeman is a retail, education, health services, public administration, and tourism hub and provides opportunities for these activities for a multi-county region. Often the scale of these services is larger than would be required for Bozeman alone. Because of the draw from outside Bozeman, it is necessary that these types of facilities be located in proximity to significant transportation routes. Since these are large and prominent facilities within the community and region, it is appropriate that design guidelines be established to ensure compatibility with the remainder of the community. Opportunity for a mix of uses which encourages a robust and broad activity level is to be provided. Residential space should not be a primary use and should only be included as an accessory use above the first floor. Any development within this category should have a well integrated transportation and open space network which encourages pedestrian activity, and provides ready access within and to adjacent development. APPENDIX B – NOTICING AND PUBLIC COMMENT Notice was provided at least 15 and not more than 45 days prior to the Planning Board and City Commission public hearings. Per Article 38.220, Notice was provided by posting the site, mailing by certified mail to adjacent property owners and by first class mail to all other owners within 200 feet, and by legal advertisement publication in the Bozeman Daily Chronicle. Content of the notice contained all elements required by Article 38.220, BMC. No public comment has been received. APPENDIX C - OWNER INFORMATION Owner: Gallatin TR LP, 2501 N Josey Ln Str 120, Carrollton, TX 75006-1600 Applicant: Same as owner Representative: Madison Engineering, 895 Technology Blvd, Suite 203, Bozeman, MT 59718 FISCAL EFFECTS The development will generate the typical costs and revenues of residential development. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. 17490, Planning Board Staff Report – Norton Ranch Phase 4 Subdivision Page 15 of 15 Application Documents Application Plans Application Appendices Available through the Laserfiche archive linked agenda materials.