HomeMy WebLinkAbout10-07-19 City Commission Packet Materials - C2. Findings of Fact and Order for the Keck Minor Subdivision Preliminary Plat
Commission Memorandum
REPORT TO: Mayor and City Commission
FROM: Chris Saunders, Community Development Manager
SUBJECT: Authorize Mayor to sign the Keck Minor Subdivision Preliminary Plat Findings of Fact and Order, Application 18399 MEETING DATE: October 7, 2019
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the
Keck Minor Subdivision Preliminary Plat, Application 18399.
BACKGROUND: On September 16, 2019, the City Commission held a public hearing on an application for preliminary approval for the Keck Minor Subdivision preliminary plat.
The Commission voted unanimously to approve the application subject to conditions and code
provisions to ensure the final plan would comply with all applicable regulations and all required
criteria. These findings of fact provide a record of the review and Commission action.
UNRESOLVED ISSUES: Staff is unaware of any unresolved issues.
ALTERNATIVES: 1) Approval of the Findings of Fact and Order with modifications. 2) As determined by the City Commission. FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property tax revenues from new development, along with increased costs to deliver municipal services to the property. Impact fees will be collected at the time of issuance of building permits
for individual lots along with City sewer and water connection fees.
Attachment: Findings of Fact and Order
Report compiled on: September 26, 2019
51
Page 1 of 13
18399, City Commission Findings of Fact for the Keck Minor Subdivision
Public Meeting Date: City Commission, September 16, 2019 at 6:00 pm in the City Commission Room 121 N. Rouse Avenue, Bozeman, Montana.
Project Description: A Preliminary Plat application for a proposed 3 lot residential subdivision on 0.491 acres.
Project Location: The subject property is zoned R-3 residential medium density district. The property is legally described as Lots 9 & 10, Border Tracts Addition; located at 307 W Villard Street, 403 and 411 N. 3rd Avenue.
Action : Approval with conditions and code requirements
City Commission 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 18399 and move to approve the Keck Minor Subdivision with conditions and subject to all applicable code provisions.
Findings of Fact Date: October 7, 2019
Staff Contact: Chris Saunders, Community Development Manager Anna Russell, Engineer
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Project Summary The proposed subdivision divides two lots into three lots to place three existing homes onto individual lots. No new development is proposed with this subdivision. This project was initially submitted in 2018. Review was put on hold by request of the landowner. They have now requested review to proceed forward. As a first minor subdivision from a tract of record a public meeting is held to consider this application rather than a public hearing. The video recording of the City Commission is available at https://media.avcaptureall.com/session.html?sessionid=451a84ac-d4a9-4f56-8331-9a579eeb4be3&prefilter=654,3835.
52
18399, City Commission Findings of Fact – Keck Minor Subdivision
Page 2 of 13
TABLE OF CONTENTS EXECUTIVE SUMMARY ................................................................................................................. 1
Project Summary ................................................................................................................. 1 SECTION 1 - MAP SERIES.............................................................................................................. 3 SECTION 2 - CONDITIONS OF APPROVAL ................................................................................... 5
SECTION 3 - CODE REQUIREMENTS REQUIRING CORRECTIONS ................................... 5 SECTION 4 - RECOMMENDATIONS AND ACTIONS .................................................................... 5 SECTION 5 - STAFF ANALYSIS AND FINDINGS .......................................................................... 6
Applicable Subdivision Review Criteria, Section 38.240.130, BMC................................. 6
Primary Subdivision Review Criteria, Section 76-3-608 ................................................... 8
Preliminary Plat Supplements ............................................................................................. 9
SECTION 6 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ........................... 9 APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY ............................................... 11 APPENDIX B – NOTICING AND PUBLIC COMMENT ................................................................. 12 APPENDIX C - OWNER INFORMATION ..................................................................................... 13
53
18399, City Commission Findings of Fact – Keck Minor Subdivision
Page 3 of 13
SECTION 1 - MAP SERIES
Current zoning map
54
18399, City Commission Findings of Fact – Keck Minor Subdivision
Page 4 of 13
Plat drawing
55
18399, City Commission Findings of Fact – Keck Minor Subdivision
Page 5 of 13
SECTION 2 - 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 notspecifically listed as conditions of approval, does not, in any way, create a waiver orother relaxation of the lawful requirements of the Bozeman Municipal Code or statelaw.2.The final plat and all associated improvements must be completed consistent withthe application as submitted except where required to be changed by the City ofBozeman.3.The water and sewer service easement across Lot 3 shall be prepared as a separatedocument and referenced on the plat.4.The water and sewer service easement across Lot 3 shall address who bearsresponsibility between the owners of Lot 2 and Lot 3 for the removal of anyobstructions in the easement that must be removed for maintenance of the servicelines to be performed.
SECTION 3 - CODE REQUIREMENTS REQUIRING CORRECTIONS The following are procedural requirements not yet demonstrated by the plat. 1.BMC Section 38.420.090.A signed waiver of a park maintenance district must be provided with the finalplat submittal.2.BMC Section 38.410.060.BA 10 foot wide utility easement for the proposed overhead power through Lot 2 tothe Lot 3 power pole needs to be provided. The easement must be centered on thenorthern property boundary.3.BMC Section 38.240.420If a mortgage is shown in the title report at time of final plat then the final plat mustinclude a mortgagee certificate.
SECTION 4 - RECOMMENDATIONS AND ACTIONS The DRC determined that the application is adequate for continued review and recommended approval with conditions and code corrections on August 14, 2019.
56
18399, City Commission Findings of Fact – Keck Minor Subdivision
Page 6 of 13 The public hearing date for the City Commission was September 16, 2019. At the public meeting the City Commission approved the subdivision subject to the conditions and code corrections in this findings of fact.
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 first minor subdivision approval under this title, the 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 was prepared in accordance with the survey requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. 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 must 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 August 28, 2018, requesting a minor subdivision. The applicant requested the project be placed on hold. The applicant requested the City restart review of the application and revised materials were submitted on June 28th and July 25th, 2019. On August 14, 2019, the DRC determined the application contained adequate information for continued review. It was determined that the application was a first minor subdivision from a tract of record.
57
18399, City Commission Findings of Fact – Keck Minor Subdivision
Page 7 of 13 The final decision for a First Minor Subdivision Preliminary Plat must be made within 35 working days of the date it was deemed adequate. Pursuant to Section 38.240.130.A.5.a(4), BMC, the City Commission must approve, conditionally approve or deny the subdivision application by October 7, 2019, unless there is a written extension from the developer, not to exceed one year; or if new and credible information is submitted that requires additional review time per state law. The City Commission reviewed the preliminary plat and made a decision at their September 16, 2019 public meeting. Public notice for this application was given as described in Appendix C. The Planning Board has delegated to the Director of Community Development their review of all minor subdivisions. On September 5, 2019, the first subdivision staff report was completed and forwarded with a recommendation of conditional approval for consideration by the City Commission.
4) Compliance with Chapter 38, BMC and other relevant regulationsBased on review of the DRC and the Department of Community Development all applicable regulations appear to be met if all conditions and code requirements are satisfied. Pertinent code provisions and site specific requirements are in Sections 2 & 3 of this report. Specific references to conditions and code requirements are provided throughout this report. The property is zoned as R-3, Moderate Density Residential District. The area to be subdivision has three existing homes on it. The subdivision will create individual lots for each home. The proposed subdivision meets all size, setback, and other standards. There are three items identified in Section 3 that need to be addressed for final plat to be in full compliance.
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. All city utilities will be located within dedicated street right of ways or utility easements. An easement for city utilities to cross one of the lots to serve another is required. Conditions 3 and 4 require performance of the obligations needed to enable the easement to be created and function over the long term use of the property.
58
18399, City Commission Findings of Fact – Keck Minor Subdivision
Page 8 of 13
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 existing public streets or a combination of an existing public street and alley. Either is an acceptable option and are required to be constructed to City standards per 38.400 and associated design standards.
Primary Subdivision Review Criteria, Section 76-3-608
First minor subdivisions are exempt from review under these criteria if the local governing body
has adopted zoning standards addressing these issues. See notations under each item.
1) The effect on agricultureThe subject property is designated a residential area in the City of Bozeman Community Plan and zoned for residential purposes. The subject property has been inside City boundaries for many decades. The R-3 zoning district does not authorize agricultural uses and therefore no review is required.
2) The effect on Agricultural water user facilitiesThe subject property is designated a residential area in the City of Bozeman Community Plan and zoned for residential purposes. The subject property has been inside City boundaries for many decades. There are no known water user facilities that would be impacted or located adjacent to or within the subdivision. Therefore none of the City’s requirements for protection of water user facilities are required or have been provided and no review is required.
3) The effect on Local services
The homes within the areas are in existence. All necessary zoning standards for site development
appear to have been met. Conditions 3 and 4 address the placement of a utility easement for
water and sewer. Therefore, the subdivision is in compliance with zoning standards and no
review is required.
4) The effect on the Natural environmentThe subject property is designated a residential area in the City of Bozeman Community Plan and zoned for residential purposes. The subject property has been inside City boundaries for many decades. The site is already developed and the subdivision meets all applicable zoning standards affecting this criterion and therefore no review is required.
5) The effect on Wildlife and wildlife habitatThe subject property is designated a residential area in the City of Bozeman Community Plan and zoned for residential purposes. The subject property has been inside City
59
18399, City Commission Findings of Fact – Keck Minor Subdivision
Page 9 of 13 boundaries for many decades. The site is already developed and the subdivision meets all applicable zoning standards affecting this criterion and therefore no review is required.
6) The effect on Public health and safetyThe subject property is designated a residential area in the City of Bozeman Community Plan and zoned for residential purposes. The subject property has been inside City boundaries for many decades. The site is already developed and the subdivision meets all applicable zoning standards affecting this criterion and therefore no review is required.
Preliminary Plat Supplements The Department of Community Development has reviewed this application against the listed criteria and provides the following summary for submittal materials and requirements. Several subdivision submittal waivers were requested from the materials required in Section 38.220.060, “Additional Subdivision Preliminary Plat Supplements.” The request for waiver was granted for all except Water and Sewer and Utilities. Therefore, only these two are addressed below. Staff offers the following summary comments on the supplemental information required with Article 38.220, BMC. See the application materials for full details.
38.220.060.A.10 Water and Sewer New individual service lines will be installed in an easement on site to serve the development. With conditions 3 & 4 the configuration is acceptable.
38.220.060.A.13 Utilities A reconfiguration of overhead power utilities is needed to address the creation of additional lots. The final plat must provide the necessary utility easement to service the power pole depicted on the draft plat. With this addition the site should be functional.
38.220060.A.20 Affordable Housing No affordable housing is required for this subdivision. There are fewer than ten single household residential lots.
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.
B.The purposes of the preliminary plat review were to consider all relevant evidence
relating to public health, safety, welfare, and the other purposes of Chapter 38, BMC; to evaluate
60
18399, City Commission Findings of Fact – Keck Minor Subdivision
Page 10 of 13
the proposal against the criteria and standards of Chapter 38 BMC, BMC; and to determine
whether the plat should be approved, conditionally approved, or denied.
C.The matter of the preliminary plat application was considered by the City Commission at
a public meeting on September 16, 2019 at which time the Department of Community
Development Staff reviewed the project, submitted and summarized changes to the conditions of
approval, and summarized the public comment submitted to the City prior to the public meeting.
D.The applicant acknowledged understanding and agreement with the recommended
conditions of approval, code provisions including the changes to the conditions of approval.
E.The City Commission requested public comment at the public meeting on September 16,
2019 and no member of the public offered testimony for on the subdivision.
F.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 Article 38.210,
BMC, and considering all matters of record presented with the application and during the public
comment period defined by Chapter 38, BMC, the City Commission has found that the proposed
preliminary plat would comply with the requirements of the Bozeman Municipal Code if certain
conditions were imposed. Therefore, being fully advised of all matters having come before her
regarding this application, the City Commission makes the following decision.
G.The preliminary plat has been found to meet the criteria of Chapter 38, BMC, and is
therefore approved, subject to the conditions listed in Section 2 of this report and the correction
of any elements not in conformance with the standards of the Chapter including those identified
in Section 3 of this report. The evidence contained in the submittal materials, advisory body
review, public testimony, and this report, justify the conditions imposed on this development to
ensure that the final site plan and subsequent construction complies with all applicable
regulations, and all applicable criteria of Chapter 38, BMC.
H.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) year from the date of the signed Findings of
Fact and Order approval. At the end of this period the City may, at the request of the subdivider,
grant an extension to its approval by the Community Development Director for a period of
mutually agreed upon time.
61
18399, City Commission Findings of Fact – Keck Minor Subdivision
Page 11 of 13 DATED this ________ day of _____________________, 2019
BOZEMAN CITY COMMISSION
_________________________________ CHRIS MEHL Deputy Mayor ATTEST:
_______________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM:
_________________________________ GREG SULLIVAN City Attorney
APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses: The subject property is zoned R-3 (Residential Medium Density District). The intent of the R-3 residential medium density district is to provide for the development of one- to five-household residential structures near service facilities within the city. This purpose is accomplished by: 1.Providing for minimum lot sizes in developed areas consistent with the establisheddevelopment patterns while providing greater flexibility for clustering lots and mixinghousing types in newly developed areas.2.Providing for a variety of housing types, including single household dwellings, two tofour household dwellings, and townhouses to serve the varied needs of households ofdifferent size, age and character, while reducing the adverse effect of non-residential uses.
62
18399, City Commission Findings of Fact – Keck Minor Subdivision
Page 12 of 13 The uses allowed in the R-3 district are described in Section 38.310.030, BMC. The setbacks and other form and intensity standards for the R-3 district are established in Section 38.320.030, BMC.
Adopted Growth Policy Designation: he Future Land Use Map of the Bozeman Community Plan designates the subject property to develop as “Residential.” The “Residential” classification designates places where the primary activity is urban density dwellings. Other uses which complement residences are also acceptable such as parks, low intensity home based occupations, fire stations, churches, and schools. High density residential areas should be established in close proximity to commercial centers to facilitate the provision of services and employment opportunities to persons without requiring the use of an automobile. Implementation of this category by residential zoning should provide for and coordinate intensive residential uses in proximity to commercial centers. The residential designation indicates that it is expected that development will occur within municipal boundaries, which may require annexation prior to development. The dwelling unit density expected within this classification varies between 6 and 32 dwellings per net acre. A higher density may be considered in some locations and circumstances. A variety of housing types can be blended to achieve the desired density. Large areas of single type housing are discouraged. In limited instances the strong presence of constraints and natural features, such as floodplains, may cause an area to be designated for development at a lower density than normally expected within this category. All residential housing should be arranged with consideration of compatibility with adjacent development, natural constraints, such as watercourses or steep slopes, and in a fashion which advances the overall goals of the Bozeman growth policy. The residential designation is intended to provide the primary locations for additional housing within the planning area.
APPENDIX B – NOTICING AND PUBLIC COMMENT Notice was provided at least 15 and not more than 45 days prior to the City Commission public meetings. 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. One public comment in support was received at the City Commission meeting. One public comment with a question on notification processes was received at the City Commission.
63
18399, City Commission Findings of Fact – Keck Minor Subdivision
Page 13 of 13
APPENDIX C - OWNER INFORMATION
Owner: Villard Condo Master, 403 N 3rd Avenue and 307 W Villard St. Bozeman MT 59715
Applicant: Tom & Mary Keck, 411 N. 3rd Avenue, Bozeman MT 59715
Representative: Hyalite Engineers, 2304 N 7th Avenue, Suite L, Bozeman, MT 59715
64