HomeMy WebLinkAbout07- South Towne Square Subdivision Findings of Fact and Order #P-007012
I SovthJOWii)'El $~l,IOre Subdivision~indings of Fact andOttjer
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BEFORE THE BOZEMAN CITY COMMISSION
GALLATIN COUNTY, MONTANA
IN THE MATTER OF THE APPLICATION OF KAILO
DESIGN & DEVELOPMENT; REPRESENTED BY
ALLIED ENGINEERING SERVICES, INC.; FOR
PRELIMINARY APPROVAL OF THE SOUTH TOWNE
SQUARE MINOR SUBDIVISION.
FINDINGS
OF FACT
AND ORDER
This matter came before the Bozeman City Commission on April 16, 2007 for review and
decision pursuant to the Montana Subdivision and Platting Act, Section 7()-3-101 through 76-3-625,
Montana Codes Annotated, and the City of B07.eman Growth Policy and City of Bozeman Un.ified
Development Ordinance. The applicant presented to the Commission a proposed PreUminarv
Subdivision Plat for a l~lot Second or Subsequent Minor Subdivision from a Tract of Record, as
submitted in its original form on February 20, 2007, #P-07012. The Commission held a public hearing
on the preliminary plat and considered all relevant evidence relating to the public health, safety, and
welfare, including the recommendation of the Bozeman Plan.n.ing Board, to determine whether the plat
should be approved, conditionally approved, or disapproved.
It appeared to the Commission that all parties wishing to appear and comment were given the
opportunity to do so, and therefore, being fully advised of all nutters having come before it regarding
this application, the Commission makes the following Findings of Fact, as required:
FINDINGS OF FACT
I.
On February 20, 2007, Kailo Design & Development, LLC represented by Allied Engineering
Services, lnc., submitted an application for approval to create a one lot Second or Subsequent Minor
Subdivision from a Tract of Record for 4.97 acres that is under consideration fl.1r commercial
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,. South Towne Square Minor SUt)qiYision Findings of Factqpd (jrqer .
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condominium uses. The subject property is legally described as Lot 3, Block 4 of Thompson's Addition
#3, in the SW1/4 of Section 18, T2S, R6E, PMM, City of Bozeman, Gallatin County, Montana. The
subject property is zoned "B-1" (Neighborhood Business Density District).
11.
The comments of the Development Review Committee, along with those of Planning &
Community Development Staff, were incorporated into a staff report with suggested conditions of
approval, which was provided to the City of Bozeman Planning Board.
111.
Public notice was provided via publication of a legal notice in the newspaper, posting the subject
property, certified mailing of notices to adjacent property owners, and first class mailing of notices to
other property owners within 200 feet of the subject property.
The City of Bozeman Planning Board held a public hearing on April 3, 2007. The Planning
Board found that the application was properly submitted and reviewed under the procedures of the City
of Bozeman Unified Development Ordinance. Staff reviewed the staff report and the evidence which
justified the imposition of conditions.
'fhe Planning Board then opened the public hearing for public comment and three members of
the public spoke expressing concern regarding the trail section along Figgins Creek, the potential
impacts of light from the site development, and the requested plat supplement waivers.
The City of Bozeman Planning Board then moved to recommend conditional approval of the
subdivision with conditions as recommended by Staff and passed on a vote of 5-1.
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IV.
The application was considered by the Bozeman City Commission at its regular meeting on April
16,2007, at which time the recommendation of the Planning Board and information compiled by City
staff was reviewed.
v.
A. Primary Review Criteria
1. Effects on Agriculture
The property has been planned, zoned and developed for Neighborhood Commercial
uses. The area has been platted and developed for several years, and does not support
agricultural uses.
2. Effects on Agricultural Water User Facilities
No effects on agricultural water user facilities were identified.
3. Effects on Local Services
Water/Sewer. There is some eXISting clay pipe infrastructure within the parcel.
Therefore, any extraneous water and sewer services will need to be abandoned at the
mam.
Police/Fire. The property is well within the City's Police and Fire emergency response
area.
Streets. The proposed lots will have legal and physical access on Kagy Boulevard and
South 3rd Avenue.
Stormwater. Stormwater facilities have been designed and are under review with the site
plan application that is being reviewed concurrently with the subdivision application.
All stormwater facilities on site will be required to meet City design standards and will
require the approval of the City Engineering office.
Parks. Non-applicable. Commercial developments are not required to dedicate
parkland. Staff would note that though not required the applicant is proposing a
"green" in the center of the development to allow outdoor seating and activities on site.
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lJtilities. There are existing power, cable and phone utilities that were installed with the
existing church use. Necessary easements shall be provided with the site planning for
the new uses.
4. Effects on the Natural Environment
A Memorandum of Understanding must be entered into with the County Weed Board
prior to submittal of the final plat. The subject property has been developed for church
uses for some time. Additional development on this parcel may have some impacts on
the Figgins Creek watercourse corridor. A City standard 50' setback on the watercourse
should provide adequate space for the corridor to function as a travel corridor for
wildlife while providing a functional buffer area for the watercourse and mitigating any
potential impacts.
The \'X/etland Review Board has recommended conditions that affect the site planning of
the parcel. Those recommended conditions will be considered with the site plan
application.
5. Effects on Wildlife and Wildlife Habitat
There should be some impact on wildlife and wildlife habitat. The subject property has
been developed for church uses for some time. Additional development on this parcel
may have some impacts on the Figgins Creek watercourse corridor. A City standard 50'
setback on the watercourse should provide adequate space for the corridor to function
as a travel corridor for wildlife while providing a functional buffer area for the
watercourse and mitigating any potential impacts.
6. Effects on Public Health and Safety
The intent of the regulations in the Unified Development Ordinance is to protect the
public health, safety and general welfare. The subdivision has been reviewed and
determined to be in general compliance with the title. Any other conditions deemed
necessary to ensure compliance have been noted throughout this staff report.
B. Compliance with the survey requirements provided for in Part 4 of the Montana
Subdivision and Platting Act.
The property in question has been surveyed and platted in conformance with the Montana
Subdivision and Platting Act and filed as a preliminary plat in accordance with the state statute
and the Bozeman Municipal Code.
C. Compliance with the Bozeman Unified Development Ordinance.
The following requirements are standards of the Unified Development Ordinance and shall be
addressed with the final plat submittal:
1. The final plat shall include utility easements in compliance with Section 18.42.060.B.
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2. Pursuant to Section 1 H.42.1 OO.B. 7, a watercourse setback planting plan shall be prepared
and provided to the Planning Department prior to final plat approval. The watercourse
setback plantings shall be installed or financially guaranteed prior to final plat approval.
3. Pursuant to Section 18.42.120, an off~street location for mail delivery will need to be
provided.
4. Pursuant to Section 1 H.42.150, subdivision lighting shall be provided as reguired. Trail
crossing lighting must installed in locations where trails intersection public or private
streets. A revised lighting plan must be submitted with street improvement plans and
specifications. Subdivision lighting must either be installed or financially guaranteed,
and the City Commission must acknowledge receipt of a petition to create an SILD for
the subdivision, prior to final plat approval.
5. Pursuant to Section IH.44.110.F, trails within and adjacent to the proposed
development, as well as off-street pathways (i.e., sidewalks and boulevard trails) along
external development streets, shall be maintained (including snow removal) in
accordance with an approved maintenance plan by the developer until 50 percent of the
units within the development are sold. Thereafter the property owners association shall
be responsible for maintenance. The property owners association may establish an
improvement district to collect assessments to pay for the maintenance.
6. Pursuant to Section 18.48.070.A.2, the developer shall be responsible at the time of
initial development for installing vegetative ground covet, boulevard trees and an
irrigation system in the public right-of-way boulevard strips along all external perimeter
development streets and adjacent to public parks or other open space areas. Municipal
water shall be used for irrigation if a well permit cannot be obtained for irrigation.
7. Pursuant to Section IH.4H.070.B, a developer shall be responsible for irrigating and
maintaining landscaping along external streets and landscaping adjacent to parks or
other opens space areas until 50 percent of the lots are sold. Thereafter, the property
owners association shall be responsible for maintaining and irrigating these landscaped
areas. The propetty owners association may with the City's approval establish an
improvement district to collect assessments to pay for the irrigation and maintenance.
H. Pursuant to Section 18.50.090, executed waivers of right to protest the creation of
special improvement districts (SIDs) for a park maintenance district will be reguired to
be filed and of record with the Gallatin County Clerk and Recorder.
9. Section 18.78.060.M reguires that the preliminary plat application be accompanied by a
written statement from all relevant utility companies indicating that service can be
provided.
10. In accordance with Section IH.78.070, a Memorandum of Understanding shall be
entered into with the Weed Control District prior to submitting the final plat. A copy of
the MOU shall be submitted with the final plat application.
11. A final copy of the covenants, restrictions, and articles of incorporation shall be
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I:Sbufh Towne Squar~ Minor $ubdivisionfindings of Fad and Order. .
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submitted with the final plat application for review and approval by the Planning
Department and shall contain, but not be limited to, provisions for assessment,
maintenance, repair and upkeep of common open space areas, public parkland/open
space corridors, stormwater facilities, public trails and pathways, snow removal, and
other areas common to the association pursuant to Chapter 18.72 of the Bozeman
llnified Development Ordinance.
12. The final plat shall conform to all requirements of the Bozeman Unified Development
Ordinance and the Uniform Standards for Final Subdivision Plats and shall be
accompanied by all required documents, including certification from the City Engineer
that as-built drawings for public improvements were received, a platting certificate, and
all required and correct certificates. The final plat application shall include four (4)
signed reproducible copies on a 3 mil or heavier stable base polyester film (or
equivalent); two (2) digital copies on a double-sided, high density 3-1/2" floppy disk;
and ttve (5) paper prints.
13. Pursuant to Section 18.06.040.0.6, conditional approval of the preliminary plat shall be
in force for not more than one calendar year. Prior to that expiration date, the
developer may submit a letter of request for the extension of the period to the Planning
Director for the City Commission's consideration. The City Commission may, at the
written request of the developer, extend its approval for no more than one calendar
year, except that the City Commission may extend its approval for a period of more
than one year if that approval period is included as a specific condition of a written
subdivision improvements agreement between the City Commission and the developer,
provided for in ~18.74.060, BMC.
14. Pursuant to Section 18.7 4.030.B, if it is the developer's intent to file the final plat prior
to installation, certification, and acceptance of all required improvements by the City of
Bozeman, an Improvements Agreement shall be entered into with the City of Bozeman
guaranteeing the completion of all improvements in accordance with the Preliminary
Plat submittal information and conditions of approval. If the final plat is filed prior to
the installation of all improvements, the developer shall supply the City of Bozeman
with an acceptable method of security equal to 150 percent of the cost of the remaining
improvements.
15. Pursuant to Section 18.06.060, 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 has been satisfactorily addressed, and specifically (tab, page,
paragraph, ete.) where this information can be found.
D. Compliance with the required subdivision review process.
A subdivision pre-application was submitted on January 16, 2007. The pre-application was
reviewed by the DRC on January 31, February 7 and 14, 2007. The applicant had until
February 16, 2008 to submit a preliminary plat application.
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A preliminary plat application was submitted on Pebruary 20, 2007 and the required
completeness letter was sent on March 7, 2007. The preliminary plat was reviewed by the DRC
on March 14,21, and 28, 2007, and the required adequacy Ictterwas mailed on March 28, 2007.
On the third and final week of DRC review, a favorable recommendation was forwarded for
consideration by the Planning Board and City Commission on March 28,2007.
Public notice for this application was placed in the Bozcman Daily Chronicle on Sunday, March
25,2007. The site was posted with a public notice on March 16,2007. Pinally, notice was sent
to adjacent property owners via certified mail, and to all other property owners of record within
200 feet of the suhject property via first class mail, on March 22 and March 16, 2007
respectively.
On March 28, 2007 the subdivision staff report was drafted and forward cd with a
rccommendation of conditional approval to the Planning Board for consideration at its April 3,
2007 public hearing. Thc City Commission made a decision at the April 16, 2007 public hearing.
A Final decision for a Sccond or Suhsequent Minor Subdivision from a Tract of Record
Preliminary Plat must be made within 60 working days of thc date it was deemed complete or in
this case by May 29, 2007. The application was approved on April 16, 2007 with the approval
received within 29 working days.
E. Provision of easements for the location and installation of any planned utilities.
The subject properties have a planned 30' easement that will contain water and sewer mains to he
located underneath the parking and drive aisles for the planned site development. A detailed plan
of utility locations is located in the civil drawings submitted by the applicant.
F. Provision of legal and physical access to each parcel.
The proposed lots will have legal and physical access on Kagy Boulevard and South 3rd
A venue.
ORDER
After considering all matters of record presented at the public hearing, the Bozeman City
Commission found that the proposed subdivision would comply with the City of Bozcman Growth
Policy, and the requirements of the City of Bozeman Unified Development Ordinance and the Montana
Subdivision and Platting Act, if certain conditions were imposed. The evidence, as stated or referenced
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in the Findings of Fact, justifies the imposition of the conditions ordered herein to ensure that the final
plat complies with all applicable regulations and all required criteria.
THEREFORE, IT IS HEREBY ORDERED that the Preliminary Subdivision Plat of the South
Towne Square Minor Subdivision for the property owners Kailo Design & Development, be approved,
subject to the following conditions:
Conditions of Approval:
1. The final plat shall comply with the standards identified and referenced in the Unified
Development Ordinance. 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. An Occupancy Permit must be obtained from the Montana Department of Transportation
for location of water and sewer mains and services within the State's right-of-way, and an
Access permit must be obtained for the drive approach onto Kagy, unless IvrDT determines
they are not required.
3. The median on Kagy shall'be reconstructed to provide a dedicated tun~i1\ffi:fo1::~nd
traffic turning into the site. The geometry of the median shall meet AA$HTb:-standards and
be approved by the Montana Department of Transportation. <.....
4. The northbound left turn bay for the ultimate design for the 3rd and Kagy intersection will
extend beyond the proposed access. A median or similar traffic control device approved by
City Engineering shall be installed on the South 3rJ access to prohibit southbound traffic
from entering the site. All other movements will be allowed from this access.
5. All improvements necessary to provide adequate level of service at the intersections analyzed
in the Traffic Accessibility Study (T AS) must be installed as part of this development unless
a variance is applied for and approved by the City Commission. Approval of the T AS must
also be obtained from the Montana Department of Transportation and for all improvements
along Kagy Boulevard.
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 these Findings by the City Commission,
by following the procedures of Section 76-3~625, M.CA. The preliminary approval of this subdivision
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# P-070J 2
shall be effective for onc ycar from the date of adoption of these Findings by the City Commission. At
the end of this period the City Commission may, at the written request of the subdivider, extend its
approval as provided for in the Bozeman Unified Development Ordinance.
s-Y
DA lliD thi, Z,I day of ~
,2007.
BOZEMAN CITY COMMISSION
ATTEST:
,-~ K I~
tly: ,~.. .
JCf~S or 7
APPROV$ AS TO FORM:
~
1 . -- 'i/LfY
Paul J. Luwe
City Attorney
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