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HomeMy WebLinkAbout08- Lot 70 Babcock Meadows Minor Subdivision Findings of Fact and Order Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Allyson C. Bristor, Associate Planner SUBJECT: Lot 70 Babcock Meadows Minor Subdivision Findings of Fact and Order (#P-08010) Consent Item MEETING DATE: October 20, 2008 RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the preliminary plat of the Lot 70 Babcock Meadows Minor Subdivision. BACKGROUND: On October 6, 2008, the City Commission held a public hearing on an application for preliminary plat approval of Lot 70 Babcock Meadows Minor Subdivision. The Commission approved the proposed subdivision, subject to conditions to ensure the final plat would comply with all applicable regulations and all required criteria. State law provides that the governing body shall "provide a written statement to the applicant detailing the circumstances of the condition imposition." The statement must include 1) the reason for the condition imposition; 2) the evidence that justifies the condition imposition; and 3) information regarding the appeal process for the condition imposition. 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. UNRESOLVED ISSUES: There are no unresolved issues at this time. ALTERNATIVES: As suggested by the City Commission CONTACT: Please feel free to email Allyson Bristor at abristor(a?bozeman.net if you have any questions. APPROVED BY: Andrew Epple, Planning Director Chris Kukulski, City Manager ATTACHMENTS: Findings of Fact and Order for Lot 70 Babcock Meadows Minor Subdivision Preliminary Plat Report compiled on October 7, 200$ ^ Lot 70 BabcoclCMeadows MinorSubdivision Findings of Fact and Order #P- 08010 residential lots. The subject property is legally described as Amended Plat of Lot 70, Babcock Meadows Subdivision, Phase 2A, and Upen Space, Babcock Meadows Subdivision, Phase 2B, located in the SW '4 of Section 1 1, Township 2S, Range 51/, PMM, City of Bozeman, Gallatin County, Montana. The subject property is zoned as "R-3" (Residential Medium Density District). lI. 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. III. 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 September 16, 2008. The Planning Board found that the application was properly submitted and re~~iewed 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. The Planning Board then opened the public hearing for public comment and no members of the public spoke expressing concern regarding the proposal. The City of Bozeman Planning Board then moved to reconunend conditional approval of the subdivision with conditions as recommended by Staff and passed on a vote of 8-0. -2- Lot 70 Babcock Meadows Minor Subdivision Findings of Fact and Order #P- 08010 [V. The application was considered by the Bozeman City Commission at its re~mlar meeting on October 6, 2008, at which time the recommendation of the Planning Board and information compiled by City staff was reviewed. V. A. Priman• Review Criteria 1. Effects on Agriculture The area was platted and subdivided several years ago with the Babcock Meadov~•s subdivision, and does not support agricultural uses. 2. Effects on Agricultural Water User Facilities No effects on agricultural water user facilities are identified. Efferts on Local Services Water-Sewer. As conditioned by Engineering Staff, new water and sewer sen~ices must be provided to the south lot. The services shall be installed or financially guaranteed prior to final plat approval. Though the condominium development includes new water and sewer services, the condition is still required by Engineering. PolicerFire. The property is well within the City's Police and Fire emergency response area. Streets. When the southern, triangular portion of open space owned by the City of Bozeman is included in the south lot property perimeters, Planning Staff finds the proposed south lot to have legal and physical access on Donna Way and the proposed north lot to have legal and physical access on West Babcock Avenue. Stormw•ater. Stormwater facilities are included in the northern portion ofthe open space area along Donna Way. They were still found as adequate in size with the proposed reduction of area. All future changes to stormwater facilities on site will be required to meet City design standards and will require the approval of the City Engineering office. Parks. Parkland dedication was handled with the original Babcock Meadows subdivision application. -3- e lot 70 Babcock Meadows Minor Subdivision Endings of Fact and Order #P- 08010 Utilities. There are existing power,. cable and phone utilities on the subject property and proposed utilities for the condominium development. Necessary easements were provided during the site plan review process of the condominiums. 4. Effects on the Natural Environment The existing weed plan, as approved through the original subdivision, is found to be acceptable. 5. Effects on Vb'ildlife and Wildlife Habitat There is no adverse impact on wildlife and wildlife habitat. The subject property has been deg°eloped for some time. b. 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 Tor in Part 4 of the Montana Subdivision and Platting Act. The property in question has been surveyed and. platted in confornance 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 follow7ng requirements are standards of the Unified Development Ordinance and shall be addressed with the final plat submittal: • The final plat shall include utility easements in compliance with Section I R.42.060.B. • Pursuant to Section 1R.42.12U, an off-street location for mail delivery will need to be provided. • Pursuant to Section 1 R.4R.070.A.2, the developer shall be responsible at the time of initial development for installing vegetative ground cover, 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. • Pursuant to Section 1R.4R.070.B, a dev°eloper shall be responsible for irrigating and maintaining Iandscaping 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 property owners association may with the City's approval establish an improvement district to collect assessments to pay for the imgation and maintenance. • Pursuant to Section 18.50.090, executed waivers of right to protest the creation of special improvement districts {SIDS) for a park maintenance district wrill be required to be filed and of record with the Gallatin County Clerk and Recorder. -4- Lot 70 Babcock Meadows Minor Subd'ri~sion Findings of Facfi and Order #P- 0$Ol0 A final copy of the covenants, restrictions, and articles of incorporation shall be 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 Unified Development Ordinance. The final plat shall conform to all requirements of the Bozeman Unified Development Ordinance and the Uniform Standards for Fina] 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 adouble-sided, high density 3-1~2" floppy disk; and five (5) paper prints. Pursuant to Section 18.06.U40.D.6, conditional approval of the preliminary plat shall be in farce 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 Panning Director for the City Commission's consideration. The City Commission may, at the written request of the de~~eloper, 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 § ] 8.74.060, BMC. Pursuant to Section 1 R.74.030.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 shat] supply the City of Bozeman with an acceptable method of security equal to 1 SO percent of the cost of the remaining improvements. 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 pre]iminary plat approval has been satisfactorily addressed, and specifically (tab, page, paragraph, etc.) where this information can be found. Pursuant to Section 18.78.050, the applicant shall submit a revised property title that reflects all property affected by the minor subdivision. -5- Lvt 70 Babcock Meadows Minor Subdivision Findings of Fact and Order #P- 08010 2. 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. 3. New water and sewer services must be pro~~ided ro the south lot. The services shall be installed or financially guaranteed prior to final plat approval. This City Commission order may be appealed by bringing an action in the Eighteenth District Court of Gallatin County, w7thin 30 days after the adoption of these Findings by the Ciiy Commission, by following the procedures of Section '76-3-b25, M.C.A. The preliminary approval of this subdivision shall be effective for one year 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. DATED this 20'h day of October, 2008. ATTEST: CY LME City k BOZEMAN CITY COMMISSION By. ~ , ICAAREN JACOBSO Mayor APPROVED AS TO FORM: ~""'''C °" t ~ TIM COOPER ~- Assistant City Attorney -8-