HomeMy WebLinkAbout19- Findings of Fact and Order - Lot 11 Gallatin Center Minor Subdivision Preliminary Plat, Application 17483 Page 1 of 16
Bozeman City Commission Findings of Fact and Order for the Lot 11
Gallatin Center Minor Subdivision Preliminary Plat 17483
Public Hearing Date: City Commission, July 17, 2019 at 6:00 pm
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 '/4), Section
35, TIS, R5E, P.M.M., City of Bozeman, Gallatin County, Montana.
Recommendation: Approval with conditions and code requirements
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 17483 and move to approve the subdivision with conditions
and subject to all applicable code provisions.
Report Date: June 18, 2019
Staff Contact: Danielle Garber,Assistant Planner
Agenda Item Type: Action(Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issues
1)None
Project Summary
The applicant, Gallatin TR LP proposed 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 191h to the east. Lot I IA on the corner of Max Avenue and Cattail Street is
proposed to be 4.746 acres, and I IB to be 3.869 acres. Catron Creek runs along the west edge of
the proposed 11A. A 100-foot wide stream corridor reviewed and approved with the original
subdivision will be maintained.No regulated activities were proposed in the watercourse setback
or delineated wetlands with this application.
City Commission Findings of Fact of the Lot 11 Gallatin Center Subdivision Page 2 of 16
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 11 B, 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
must be made within 60 working days of the date it was deemed adequate, or in this case, by July
6, 2019.
The Planning Board considered this project at their June 4, 2019 meeting and voted 8-0
unanimously to recommend approval. Board discussion centered around nearby transportation
infrastructure needs and regulatory timing with this project and future site development.
The City Commission reviewed the preliminary plat at their June 17, 2019 public hearing. After
the City Commission reviewed and considered the application materials, staff report, advisory
review board recommendations, and all the information presented,they made individual findings
and voted 4:0 to approve the motion to approve the application. The Commission agreed that the
application met the criteria established by the Bozeman Municipal Code. Therefore,the
application was approved with conditions and applicable code provisions outlined in these
findings.
City Commission Findings of Fact of the Lot 11 Gallatin Center Subdivision Page 3 of 16
TABLE OF CONTENTS
EXECUTIVESUMMARY............................................................................................................ 1
UnresolvedIssues............................................................................................................... 1
ProjectSummary................................................................................................................. 1
SECTION 1 -MAP SERIES .......................................................................................................... 4
SECTION 2 -RECOMMENDED CONDITIONS OF APPROVAL ............................................ 6
SECTION 3 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS........................ 7
SECTION 4 -RECOMMENDATIONS AND 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
SECTION 6 -FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 13
APPENDIX A—PROJECT SITE ZONING AND GROWTH POLICY...................................... 15
APPENDIX B— NOTICING AND PUBLIC COMMENT........................................................ 15
APPENDIX C - OWNER INFORMATION................................................................................ 16
FISCALEFFECTS....................................................................................................................... 16
ATTACHMENTS......................................................................................................................... 16
City Commission Findings of Fact of the Lot 11 Gallatin Center Snbdivision Page 4 of 16
SECTION I -MAP SERIES
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City Commission Findings of Fact of the Lot 11 Gallatin Center Subdivision Page 5 of 16
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City Commission Findings of Fact of the Lot 11 Gallatin Center Subdivision Page 6 of 16
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SECTION2 -RECOMMENDED CONDITIONS OFAPPROVAL
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
City Commission Findings of Fact of the Lot 11 Gallatin. Center Subdivision Page 7 of 16
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 1%2"binding
margin on one side for both plats and COS's. The Clerk and Recorder will file the new
Conditions of Approval sheet as the last same sized mylar sheet in the plat set.
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 I IA and 11B must be a part of the district.
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.
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 19t'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
City Commission Findings of Fact of the Lot 11 Gallatin Center Subdivision Page 8 of 16
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 ACTIONS
The DRC determined that the application is adequate for continued review and recommended
approval with conditions on May 7, 2019.
The Planning Board conducted a public hearing to review the preliminary plat and make a
recommendation to the City Commission on June 4, 2019 and voted 8-0 to recommend approval.
The public hearing date for the City Commission was June 17, 2019. The hearing was be held in
the City Commission chamber, 121 N Rouse Avenue at 6 pm.
SECTION 5-STAFF ANAL YSIS 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.
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.
City Commission. Findings of Fact of the Lot 11 Gallatin Center Subdivision Page 9 of 16
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.
Public notice for this application was given as described in Appendix C.
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.
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.
City Commission Findings of Fact of the Lot 11 Gallatin Center Subdivision Page 10 of 16
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 191h 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.
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 reviewed 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.
City Commission Findings of Fact of the Lot 11 Gallatin. Center Subdivision Page 11 of 16
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 I IA 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.
38.220.060.A.1 Surface Water
Surface waters on the properly 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
City Commission Findings of Fact of the Lot 11 Gallatin Center Subdivision Page 12 of 16
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.
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.
City Commission Findings of Fact of the Lot 11 Gallatin Center Subdivision Page 13 of 16
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.
SECTION 6- 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 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.
B) It appeared to the City Commission that all parties and the public wishing to examine the proposed
preliminary plat and offer comment were given the opportunity to do so. After receiving the
recommendation of the relevant advisory bodies established by Section Chapter 38, Article 33,
BMC, and considering all matters of record presented with the application and during the public
comment period defined by Chapter 38, BMC, the City Commission has found that the proposed
preliminary plat would comply with the requirements of the Bozeman Municipal Code if certain
City Commission Findings of Fact of the Lot 11 Gallatin Center Subdivision Page 14 of 16
conditions were imposed. Therefore, being fully advised of all matters having come before her
regarding this application,the City Commission makes the following decision.
C) The preliminary plat has been found to m6et the criteria of Chapter 38, BMC, and is therefore
approved, subject to the conditions listed in Section 3 of this report and the correction of any
elements not in conformance with the standards of the Chapter including those identified in Section
4 of this report. The evidence contained in the submittal materials, advisory body review, public
testimony, and this report,justify the conditions imposed on this development to ensure that the
final site plan and subsequent construction complies with all applicable regulations, and all
applicable criteria of Chapter 38, BMC.
D)This City Commission order may be appealed by bringing an action in the Eighteenth District Court
of Gallatin County, within 30 days after the adoption of this document by the City Commission,
by following the procedures of Section 76-3-625, MCA. The preliminary approval of this
subdivision shall be effective for three (3) years from the date of the signed Findings of Fact and
Order approval. At the end of this period the City may, at the request of the subdivider, grant
individual extensions to its approval by the Community Development Director for a period of not
more than two years, or for more than two years by the City Commission.
DATED this 1st day of July, 2019.
O EVAN -IY COMM ISSIONBMH T
CYARS
ayor
ATTEST: _ -
,��'Y.BOZ''��
ROBIN CROUG U. -'� _ ■
City Clerk •
- � '• 1883 .'��.
City Commission Findings of Fact of the Lot 11 Gallatin Center Subdivision Page 15 of 16
APPROVED AS TO FORM:
1&,-A I)
KAREN STAMBAUGH
Acting City Attorney
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
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.
City Commission Findings of Fact of the Lot 11 Gallatin Center Subdivision Page 16 of 16
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 commercial 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.