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HomeMy WebLinkAbout21447 PP MOD City Commission Memo Page 1 of 3 Commission Memorandum REPORT TO: Mayor and City Commission FROM: Susana Montana, Senior Planner, Development Review Division, Community Development Department SUBJECT: Eastlake Professional Center Minor Subdivision Preliminary Plat Modification; Application No. 21447 MEETING DATE: March 1, 2022 AGENDA ITEM TYPE: Action (Quasi-Judicial) PROJECT LEGAL DESCRIPTION: Lot 1A of the Minor Subdivision 221E, located in Section 26, Township 01 South, Range 05 East, PMM, Bozeman, Montana. PROJECT SUMMARY: The Preliminary Plat (PP) for this Eastlake Professional Center Subsequent Minor Subdivision was approved on August 10, 2021 by a Findings of Fact and Order signature by Mayor Andrus. This application is a modification to that previously- approved PP to allow the Applicant to request concurrent construction of public and private infrastructure for the subdivision--concurrent with the construction of a first phase medical office building for Lot 4. The subdivision divides the 7.65 acres parcel into four commercially-zoned lots. The property is zoned B-2M, Community Business District - Mixed. DEVELOPMENT REVIEW COMMITTEE (DRC) RECOMMENDATION: The January 7, 2022 revised application materials to the November 29, 2021 initial application conforms to standards and is sufficient for approval with conditions and code provisions. STRATEGIC PLAN: Vision Statement: 4. A Well-Planned City. We consistently improve our community’s quality of life as it grows and changes, honoring our sense of place and the ‘Bozeman feel’ as we plan for a livable, affordable, more connected city. 4.2 High Quality Urban Approach. Continue to support high quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. 4.3 Strategic Infrastructure Choices. Prioritize long-term investment and maintenance for existing and new infrastructure. Page 2 of 3 Commission Memorandum BACKGROUND: Subsequent to the August 2021 approval of the PP, the Applicant discovered that he needed to request concurrent construction of public and private infrastructure for this subdivision. The Bozeman Municipal Code (BMC) Section 38.270.030.B.1.a, Completion of Improvements, requires all improvements to subdivisions to be completed and approved by the City before any building permit for any lot within the subdivision can be issued. The exception to this rule is when the Applicant requests concurrent construction of infrastructure improvements at the initial application for the subdivision—at preliminary plat application. The Applicant for this subdivision did not request concurrent construction or submit an Improvements Agreement request at the initial submittal of the PP. This Modification to the previously approved PP represents the proper route for submittal of the Concurrent Construction request, pursuant to 38.270.030.D Exception for Concurrent construction, and allows the Applicant to request to enter into an Improvements Agreement (IA) for those improvements, pursuant to 38.270.030.B.1.b.2. The PP map remains the same as was approved in August 2021. Since that time, however, some of the original conditions of approval and BMC code provisions have been met by the Applicant and are no longer listed in the PP recommended conditions and code provisions. Remaining unmet conditions and code provisions from the August 2021 PP approval are carried forward to this PP. This Modification to the PP would add six new BMC code provisions that must be met with the Final Plat. These code provisions would allow the Applicant to submit an Improvements Agreement and Financial Surety documents to assure that roads, water and sewer lines, stormwater ponds, landscaping in public rights-of-way and other improvements for the subdivision would be completed, inspected and accepted by the City prior to issuance of any certificate of occupancy for any building within the subdivision. Importantly, it would allow the Applicant to submit building permits for the medical office building on Lot 4 and, when approved, to construct the building and site improvements concurrently with the construction of private and public infrastructure for the subdivision. Public notice of this Preliminary Plat Modification was given on February 4th through the 25th, 2022 by posting of the property, by first class mail notice to adjacent property owners, by certified mail notice to owners of property contiguous to the subdivision, by certified mail to persons under contract to purchase land within the subdivision and to the Applicant, and by newspaper legal ad notice on Sunday February 6th and 13th. No written public comment has been received to date. The final decision for a second subsequent minor subdivision Preliminary Plat with less than 50 lots must be made within 60 working days of the date it was deemed adequate by the Development Review Committee (DRC). The DRC deemed the application adequate for continued review on January 7, 2022. Pursuant to BMC 38.240.130 the City Commission shall approve, conditionally approve or deny the subdivision application by April 4, 2022, unless Page 3 of 3 Commission Memorandum there is a written extension from the developer, not to exceed one year. The March 1, 2022 hearing on this application meets that deadline. UNRESOLVED ISSUES: There are no unresolved issues for this subdivision at this Preliminary Plat stage. The final plat must satisfy all of the recommended preliminary plat conditions of approval and all relevant Bozeman Municipal Code (BMC) code provisions noted in the attached staff report. ALTERNATIVES: 1. Approve the application with the recommended conditions; 2. Approve the application with clarifications/corrections or minor modifications to the staff-recommended conditions; 3. Deny the application based on the Commission’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 to a later date, with specific direction to staff or the Applicant to supply additional information or to address specific items. This alternative is requested if the City Commission wishes to amend or add conditions of approval. 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 developments along with City sewer and water connection fees. Attachments: Staff Report Applicant Narrative Application Preliminary Plat MOD Map Sheets Master Site Plan green plan Master Site Plan phasing plan Report compiled on: February 14, 2022