HomeMy WebLinkAbout005 Findings of Fact21224 Findings of Fact for the N. Montana Ave. Minor Subdivision Page 1 of 18
Bozeman City Commission Findings of Fact and Order for the N. Montana
Ave. Minor Subdivision Preliminary Plat, 21224
Public Hearing Date: City Commission meeting was held on Tuesday January 25, 2022 at 6:00
pm. Link: https://bozeman.granicus.com/player/clip/228?view_id=1&redirect=true
Project Description: A subsequent minor preliminary plat application to allow the subdivision
of a 9,755.97 square foot lot to be subdivided into two lots.
Project Location: The property is legally described as Lot 4B of Amended Plat of a Portion of
Lot 4 of Beall’s First Addition, Bozeman, Montana. The property is zoned R-2,
Moderate Density Residential.
Recommendation: Approval with conditions and code provisions.
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 21224 and move to approve the N. Montana Ave. Minor
Subdivision with conditions and subject to all applicable code provisions.”
Report Date: January 12, 2022
Staff Contact: Jacob Miller, Associate Planner
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issues.
There are no unresolved issues with this application.
Project Summary
The Department of Community Development received a Preliminary Plat Application on August,
18, 2021 requesting a subsequent minor subdivision of one lot of 9,755.97 square feet into two
lots for the purpose of building a two-unit townhouse building.
This subdivision is a second or subsequent minor subdivision from a tract of record and does not
require Planning Board review. State statute requires a public hearing before a City Commission
decision.
On December 2, 2021 the Development Review Committee (DRC) found the application
adequate for continued review and recommends the conditions and code provisions identified in
this report.
The subdivider did not request any subdivision or zoning variances with this application. The
City did not receive any written public comment on the application as of the writing of this
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report. The final decision for a subsequent minor subdivision preliminary plat must be made
within 60 working days of the date it was deemed adequate; in this case by February 23, 2022.
Alternatives
1. Approve the application with the recommended conditions;
2. Approve the application with modifications to the 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. Continue the public hearing on the application, with specific direction to staff or the
subdivider to supply additional information or to address specific items.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 1
Unresolved Issues. .............................................................................................................. 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 2
SECTION 1 – MAP SERIES .......................................................................................................... 4
SECTION 2 – REQUESTED VARIANCES ................................................................................. 7
SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL ............................................ 7
SECTION 4 – CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ....................... 7
SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS ............................................ 10
SECTION 6 – STAFF ANALYSIS and findings ......................................................................... 10
Applicable Subdivision Review Criteria, Section 38.240.130.A.5.e, BMC. .................... 10
Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 12
Preliminary Plat Supplements ........................................................................................... 13
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 17
APPENDIX B – DETAILED PROJECT DESCRIPTION .......................................................... 17
APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 17
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 18
FISCAL EFFECTS ....................................................................................................................... 18
ATTACHMENTS ......................................................................................................................... 18
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SECTION 1 – MAP SERIES
Exhibit 1 – Zoning
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Exhibit 2 – Community Plan 2020 Future Land Use
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Exhibit 3 – Preliminary Plat
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SECTION 2 – REQUESTED VARIANCES
The subdivider did not request any subdivision or zoning variances with this preliminary plat
application.
SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this
report. These conditions are specific to this project.
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. City of Bozeman Resolution 5076, Policy 1 - The applicant must provide and file with the
County Clerk and Recorder's office executed Waivers of Right to Protest Creation of
Special Improvement Districts (SID’s) on City standard form for the following:
a. Street improvements to Montana Avenue between Lamme Street to Peach Street
including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
b. Intersection improvements at Montana Avenue and Peach Street including lighting,
signalization, paving, curb/gutter, sidewalk, and storm drainage.
c. Intersection improvements at Montana Avenue and Lamme Street including
lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
d. Intersection improvements at Rouse Avenue and Peach Street including lighting,
signalization, paving, curb/gutter, sidewalk, and storm drainage.
e. Intersection improvements at Rouse Avenue and Lamme Street including lighting,
signalization, paving, curb/gutter, sidewalk, and storm drainage.
The document filed shall specify that in the event an SID is not utilized for the completion
of these improvements, the developer agrees to participate in an alternate financing method
for the completion of said improvements on a fair share, proportionate basis as determined
by square footage of property, taxable valuation of the property, traffic contribution from
the development, or a combination thereof. The applicant must provide a copy of the filed
SID waiver prior to final plat approval.
3. DSSP Section V (D) Alignment – A minimum of ten feet of horizontal separation
must be maintained between water and sanitary sewer services and any gas lines,
power lines, communication, lines, utility poles or other above-grade utility
structures, and street lights.
a. The applicant must move the water service and/or gas service to Lot 4B -1 to
maintain ten feet of horizontal separation between the two services prior to
approval of building permits on either lot.
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SECTION 4 – CODE REQUIREMENTS
1. Sec. 38.220.070. - Final plat.
a. The final plat must conform to all requirements of the Bozeman Municipal Code
and the Uniform Standards for Monumentation, Certificates of Survey, and Final
Subdivision Plats (24.183.1101 ARM, 24.183.1104 ARM, 24.183.1107 ARM)
and must be accompanied by all required documents, including certification from
the City Engineer that record drawings for public improvements were received, a
platting certificate, and all required and corrected certificates.
b. A letter from the city engineer certifying that the following documents have been
received:
i. As-built drawings, i.e., copies of final plans, profiles, grades and
specifications for public improvements, including a complete grading and
drainage plan.
c. A conditions of approval sheet addressing the criteria listed in this section must be
provided with the final plat as set forth in 24.183.1107 ARM and must:
i. Be entitled "Conditions of Approval of [insert name of subdivision]" with a
title block including the quarter-section, section, township, range, principal
meridian, county, and, if applicable, city or town in which the subdivision
is located.
ii. Contain any text and/or graphic representations of requirements by the
governing body for final plat approval including, but not limited to, setbacks
from streams or riparian areas, floodplain boundaries, no-build areas,
building envelopes, or the use of particular parcels.
iii. Include a certification statement by the landowner that the text and/or
graphics shown on the conditions of approval sheet(s) represent(s)
requirements by the governing body for final plat approval and that all
conditions of subdivision application have been satisfied.
iv. Include a notation stating that the information shown is current as of the
date of the certification, and that changes to any land-use restrictions or
encumbrances may be made by amendments to covenants, zoning
regulations, easements, or other documents as allowed by law or by local
regulations.
v. Include a notation stating that buyers of property should ensure that they
have obtained and reviewed all sheets of the plat and all documents recorded
and filed in conjunction with the plat, and that buyers of property are
strongly encouraged to contact the local community development
department and become informed of any limitations on the use of the
property prior to closing.
vi. List all associated recorded documents and recorded document numbers.
vii. List easements, including easements for agricultural water user facilities.
2. Sec. 38.410.060. - Easements.
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a. All dedicated public easements must be recorded the City’s standard template
easement documents separate from the plat and the recorded document number
must be listed on the final plat.
b. The final plat must provide all necessary utility easements and they must be
described, dimensioned and shown on each subdivision block of the final plat in
their true and correct location.
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SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS
The Development Review Committee (DRC) determined the application was adequate for
continued review and recommended approval with conditions on December 2, 2021.
This subdivision is a second or subsequent minor subdivision from a tract of record and does not
require Planning Board review. A public hearing is required before a City Commission decision.
The City Commission is scheduled for a public hearing on this minor subdivision preliminary
plat on January 25, 2022 via WebEx at 6 p.m.
SECTION 6 – STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application materials,
municipal codes, standards, plans, public comment, and all other materials available during the
review period. Collectively this information is the record of the review. The analysis in this
report is a summary of the completed review.
Applicable Subdivision Review Criteria, Section 38.240.130.A.5.e, 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 was prepared in accordance with the surveying and monumentation
requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered
in the State of Montana. As noted in the code requirements, 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 Bozeman
Municipal Code. The subdivider is advised that unmet code provisions, or code provisions not
specifically listed as a condition of approval, do not, in any way, create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Sections 3
and 4 of this report identify conditions and code provisions necessary to meet all municipal
standards. The listed code requirements address necessary documentation and compliance with
standards. Therefore, upon satisfaction of all conditions and code corrections the subdivision will
comply with the subdivision regulations.
3) Compliance with the local subdivision review procedures provided for in Part 6 of the
Montana Subdivision and Platting Act
The Bozeman City Commission public hearing was properly noticed in accordance with the
Bozeman Municipal Code. Based on the recommendation of the Development Review
Committee (DRC) and other applicable review agencies, as well as any public testimony
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received on the matter, the City Commission will make the final decision on the subdivider’s
request.
The Department of Community Development received a preliminary plat application on July 28,
2021. The DRC reviewed the preliminary plat application and determined the submittal did not
contained detailed, supporting information that was sufficient to allow for the continued review
of the proposed subdivision on August 31, 2021.
A revised application was received on November 24, 2021. The DRC determined the application
was adequate for continued review on December 2, 2021 and recommended conditions of
approval and code corrections for the staff report.
The City scheduled public notice for this application for publication in the legal advertisements
section of the Bozeman Daily Chronicle on Friday, December 18, 2021 for postings on Sundays,
December 19 and December 26, 2021. The applicant posted public notice on the subject property
on May 23, 2021. The applicant sent public notice to physically adjacent landowners via
certified mail, and to all other landowners of record within 200-feet of the subject property via
first class mail, on December 18, 2021. No public comment had been received on this application
as of the writing of this report.
On January 13, 2022 staff completed and forwarded the staff report for this subsequent minor
subdivision preliminary plat application with a recommendation of conditional approval for
consideration by the City Commission, which is scheduled to make a final decision at its January
25, 2022 public hearing. The City Commission must make a final decision on a subsequent
minor subdivision preliminary plat within 60 working days of the date the application was
deemed adequate; in this case by February 23, 2022.
4) Compliance with Chapter 38, BMC and other relevant regulations
Community Development staff and the DRC reviewed the preliminary plat against all applicable
regulations and the application complies with the BMC and all other relevant regulations with
conditions and code corrections. This report includes Conditions of Approval and required code
provisions as recommended by the DRC for consideration by the City Commission to complete
the application processing for final plat approval. All municipal water and sewer facilities will
conform to the regulations outlined by the Montana Department of Environmental Quality and
the requirements of the Design Standards and Specifications Policy and the City of Bozeman
Modifications to Montana Public Works Standard Specifications.
5) The provision of easements to and within the subdivision for the location and installation of
any necessary utilities
The final plat will provide and depict all necessary utilities and required utility easements. Code
requirement No. 5, requires that all easements, existing and proposed, must be accurately
depicted and addressed on the final plat and in the final plat application. Public utilities are
located within dedicated street right of ways.
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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
The final plat will provide legal and physical access to each parcel within the subdivision. All of
the proposed lots will have frontage on public streets constructed to City standards with lot
frontage meeting minimum standards shown on the preliminary plat.
Primary Subdivision Review Criteria, Section 76-3-608
1) The effect on agriculture
This subdivision will not impact agriculture. The City of Bozeman Community Plan designates
the subject property as Urban Neighborhood designation which allows for residential uses. The
lot currently has an two-unit residential building that will be demolished so that a two-unit
townhouse can be built following recordation of final plat.
2) The effect on Agricultural water user facilities
This subdivision will not impact agricultural water user facilities. No irrigation facilities are
present on the lots. No water body alterations are proposed.
3) The effect on Local services
Water/Sewer – There is currently adequate water and sewer infrastructure on N. Montana Ave to
serve the property. Condition of Approval #3 requires that the applicant move the northern water
and/or gas service lines to create the standard 10’ of separation.
Utilities – Utilities to serve the site are already in place. The applicant has provided an easement
for the underground power that will serve the properties. NorthWestern energy will be providing
gas and electrical services to the proposed subdivision.
Streets – There is not a significant change in use or intensity and therefore will not impact the
local street network.
Police/Fire – The City’s Police and Fire emergency response area includes the subject property.
This subdivision does not impact the City’ ability to provide emergency services to the property.
Stormwater – The subsequent minor subdivision will not significantly impact stormwater
infrastructure. Little to no intensity of use will be take place.
Parkland – The proposed subdivision does not meet the threshold to require parkland dedication.
4) The effect on the Natural environment
No significant physical or topographical features have been identified, (e.g., outcroppings,
geological formations, steep slopes), on the subject property. Provisions will be made to address
the control of noxious weeds and maintenance of the property and will be further addressed by
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inclusion in the existing protective covenants and compliance with the recommended conditions
of approval.
5) The effect on Wildlife and wildlife habitat
The subdivision will not significantly impact wildlife and wildlife habitat. The subdivision is
zoned for residential uses and is in an existing neighborhood.
6) The effect on Public health and safety
With the recommended Conditions of Approval and required plat corrections, the subdivision
will not significantly impact 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
DRC reviewed the subsequent minor subdivision preliminary plat and determined that it is in
compliance with the title. This staff report notes all other conditions deemed necessary to ensure
compliance. In addition, all subdivisions must be reviewed against the criteria listed in 76-3-
608.3.b-d, Montana Code Annotated (MCA). As a result, the Department of Community
Development reviewed this application against the listed criteria and further provides the
following summary for submittal materials and requirements.
This report includes findings to justify the recommended site-specific Conditions of Approval for
reasonable mitigation of impacts from the proposed minor subdivision.
Preliminary Plat Supplements
The Development Review Committee (DRC) completed a subdivision pre-application plan
review on August 18, 2021 and no waivers or variances were requested.
Staff offers the following summary comments on the supplemental information required with
Article 38.220.060, BMC.
38.220.060.A.1 – Surface water
This subdivision will not significantly impact surface water. No surface water exists in the
vicinity of the site.
38.220.060.A.2 - Floodplains
No mapped 100-year floodplains impact the subject property. The elevation of the site is higher
than the elevation of the 0.2-percent annual chance flood. This subdivision will not be impacted
by floodplains.
38.220.060.A.3 - Groundwater
This subdivision is not in an area of known high groundwater and will not have any significant
impacts. The proposed uses are very similar in scale and intensity as what is existing.
38.220.060.A.4 - Geology, Soils and Slopes
This subdivision will not significantly impact the geology, soils or slopes. No significant
geological features or slopes exist on the site.
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38.220.060.A.5 - Vegetation
This subdivision will not significantly impact vegetation. No critical plant communities
identified on site.
38.220.060.A.6 - Wildlife
This subdivision will not significantly impact wildlife. The proposed subdivision does not
contain any known critical, significant or key wildlife areas.
38.220.060.A.7 - Historical Features
This subdivision will not significantly impact historic features. The proposed subdivision does
not contain any known historic sites.
38.220.060.A.8 - Agriculture
This subdivision will not impact agriculture. The City of Bozeman Community Plan designates
the subject property as Urban Neighborhood designation which allows for residential uses. The
lot currently has an two-unit residential building that will be demolished so that a two-unit
townhouse can be built following recordation of final plat.
38.220.060.A.89 - Agricultural Water User Facilities
This subdivision will not impact agricultural water user facilities. No irrigation facilities are
present on the lots. No water body alterations are proposed.
38.220.060.A.10 - Water and Sewer
The subdivision will not significantly impact city water and sewer infrastructure. Water and
sewer improvements will be designed to meet City of Bozeman Standards and State Department
of Environmental Quality Standards and Regulations.
38.220.060.A.111 - Stormwater Management
The subdivision will not significantly impact stormwater infrastructure. See discussion above
under primary review criteria.
38.220.060.A.12 - Streets, Roads and Alleys
The subdivision will not significantly impact the City’s street infrastructure. The subdivision is
in an existing neighborhood and will not be adding any intensity of use to the properties.
38.220.060.A.13 - Utilities
This subdivision will not significantly impact existing utilities. See discussion above under
primary review criteria.
38.220.060.A.14 - Educational Facilities
This subdivision will not significantly impact educational facilities. The subdivision is
commercial and will not impact enrollment.
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38.220.060.A.15 - Land Use
The subdivision will not significantly impact land use. The proposed subdivision will create two
lots from the existing lot and will build a two-unit townhouse building. The current use is a two-
unit household building.
38.220.060.A.16 - Parks and Recreation Facilities
This proposed subdivision does not meet the threshold to require parkland dedication.
38.220.060.A.17 - Neighborhood Center Plan
This proposed subdivision does not meet the threshold to require a neighborhood center.
38.220.060.A.18 - Lighting Plan
A lighting plan was not required for this application. The subdivision is in an existing
neighborhood with existing lighting.
38.220.060.A.19 - Miscellaneous
The proposed subdivision is not located within 200 feet of any public land access or within a
delineated Wildland Urban Interface area.
38.220.060.A.20 - Affordable Housing
The subdivision does not require affordable housing.
SECTION 7 – FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS
A. PURSUANT to Chapter 38, Article 2, 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 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 hearing on January 25, 2022 at which time the Department of Community
Development Staff reviewed the project, submitted and summarized the conditions of
approval, clarified unresolved issues and summarized the public comment submitted to
the City prior to the public hearing.
D. The applicant, Gordon Carpenter, acknowledged understanding and agreement with the
recommended conditions of approval and code provisions.
E. The City Commission requested public comment at the public hearing on January 25,
2022 and did not receive any public comment.
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 Section
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Chapter 38, 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 3 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 single phased major subdivision shall be effective for two (2)
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 an extension to its approval by
the Community Development Director for a period of mutually agreed upon time.
ATTEST
_______________________
Mike Maas
City Clerk
DATED this ______ day of ___________, 2022
BOZEMAN CITY COMMISSION
____________________________
Cyndy Andrus
Mayor
APPROVED AS TO FORM:
1st March
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___________________________
GREG SULLIVAN
City Attorney
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property is zoned R-2, Residential Moderate Density District. The intent of the R-2
district is to provide for one and two-household development at urban densities within the city in
areas that present few or no development constraints.
Adopted Growth Policy Designation:
The subject property is designated as Urban Neighborhood. This category primarily includes
urban density homes in a variety of types, shapes, sizes, and intensities. Diversity in housing and
complementary uses such as parks, schools etc. are encouraged.
This proposed subdivision is well-suited to implement the Urban Neighborhood designation. The
proposed two-unit household subdivision will provide diversity of housing in an area of
predominantly single-household detached dwellings. The area has been developed as a
neighborhood for many years and this subdivision and subsequent development will blend in
well.
APPENDIX B – DETAILED PROJECT DESCRIPTION
Project Background and Description
A preliminary plat application by the property owner, Timothy Bell, 415 N. Montana Ave.,
Bozeman, MT, and applicant, Gordon Carpenter, PO Box 958, Manhattan, MT 59715 for the
subdivision of a 9,755.97 square foot lot into two separate lots in order to build a two-unit
townhouse building. The existing two-household residential building will be demolished.
APPENDIX C – NOTICING AND PUBLIC COMMENT
Notice was provided at least 15 and not more than 45 days prior to the City Commission public
hearing per BMC 38.220.420, The City scheduled public notice for this application on December
18, 2021 for publication in the legal advertisements section of the Bozeman Daily Chronicle on
Sunday, December 19 and Sunday, December 26, 2021. The applicant posted public notice on
the subject property on December 18, 2021. The City sent public notice to physically adjacent
landowners via certified mail, and to all other landowners of record within 200-feet of the subject
property via first class mail, on December 18, 2021. No public comment had been received on
this application as of the writing of this report.
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APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF
Owner: Timothy Bell, 415 N. Montana Ave., Bozeman, MT
Applicant: Gordon Carpenter, PO Box 958, Manhattan, MT 59715
Representative: Gordon Carpenter, PO Box 958, Manhattan, MT 59715
Report By: Jacob Miller, Associate Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this subdivision.
ATTACHMENTS
The full application and file of record can be viewed digitally at
https://www.bozeman.net/government/planning/using-the-planning-map, select the “Project
Documents Folder” link and navigate to application #21224, as well as digitally at the
Community Development Department at 20 E. Olive Street, Bozeman, MT 59715.
Application materials – Available through the Laserfiche archive linked agenda materials and the
full file is linked below.
https://weblink.bozeman.net/WebLink/Browse.aspx?startid=232508&cr=1
This project can be viewed on the Community Development Viewer interactive map directly
with this link:
https://gisweb.bozeman.net/Html5Viewer/?viewer=planning&FILE_NUMBER=21-224
Public Comment: None to date
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