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HomeMy WebLinkAboutFindings of Fact and Order for the Preliminary Plat of the Lot 70 Babcock Meadows Minor Subdivision �9x • It Commission Memorandum CO. 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 abristorra 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 7,2008 -1 T,T PRELLV-NARY Y PLAT OF 77E ,erg Alt AMENDED PLAT OF LOT 70, BABCOCK MEADOWS SUBDIVISIox W PHASE 2A RAID OPEN SPACE, C--o fl-- L-11.M-1-1 1-l'o n hv I BABCOCK ME4DOWS SUBDIVISION, PHASE 2B "I f I.b.en Ild d-410-11 the MENDED PlLf4l Of Lot 70 tNk&000CK MEADOWSN I-I IA WEN E.-.PACE.�OCK MEADOW'%UWWI5 .hHA5L 20.L,ly If E)WIM-GCi11-C-11y.M-111 LOCATED IN THE SW 114 OF SEC. 11, T. 2 S., R. 5 E. .0,".11"1.-h..d "pw-,I., ­p­1 Nlh "b" '­dlly H.-Y 1� OF P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, A40NTANA I �t-- 1-d-c- 1-0 0aru N-J, the nr d"'. 1.-W,t.-, W0-L­-t of---lv Q-1, _rea Pres ae°. 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UMCOOC US ADOWS SLIILXOSOk PHASL 20,h4ft been Stol- IF I.-M 9- IF dl- C a - -;.--- '"'o 4 C I*care 41*21L the �llpll I=1.11 el�l I 1:�1---1-6 1 1pll�l 1. ..d,4a R-., .9-t defects 1 1-1, C..., of T- wid.1 sate or...-n by 11..1,.1 u- i,*�dw w-f.P-- c",.1 8-- C."-.11-MI. .1 ....... -bo., IF, �y l.- dmr race as lMte vuye A -Q� M-.- N, DOI L-•0-.1 "u y P-- Ul.-I of e.bl.c IS-- Or,I Lot 70 Babcock Meadows Minor Subdivision Findings of Fact and Order #P-08010 BEFORE THE BOZEMAN CITY COMMISSION GALLATIN COUNTY,MONTANA IN THE MATTER OF THE APPLICATION OF FINDINGS MOUNTAIN HIGH HOMES, LLC AND CITY OF OF FACT BOZEMAN, REPRESENTED BY C&H ENGINEERING AND ORDER AND SURVEYING, INC.; FOR PRELIMINARY APPROVAL OF THE LOT 70 BABCOCK MEADOWS MINOR SUBDIVISION. This matter came before the Bozeman City Commission on October 6, 2008 for review and decision pursuant to the Montana Subdiv7sion and Platting Act, Section 76-3-101 through 76-3-625, Montana Codes Annotated, and the City of Bozeman Growth Policy and City of Bozeman Unified Development Ordinance. The applicant presented to the Commission a proposed Preliminary Subdivision Plat for a Second or Subsequent Minor Subdivision from a Tract of Record to divide approximately 0.96 acres into two residential lots, as submitted in its revised form on August 27, 2008 in application #P- 08010. 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 Planning 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 matters having come before it regarding this application,the Commission makes the following Findings of Fact,as required: FINDINGS OF FACT 1. On August 27, 2008, Dan Barnes of High Mountain Homes, LLC, represented by C&H Engineering and Surveying, Inc., submitted a revised application for approval to create a Second or Subsequent Minor Subdivision from a Tract of Record to divide approximately 0.96 acres into two Lot 70 Babcock Meadows Minor Subdivision Findings of Fact and Order #13- 08010 residential lots. The subject property is legally described as Amended Plat of Lot 70, Babcock Meadows Subdivision,Phase 2A, and Open Space,Babcock Meadows Subdivision, Phase 2B,located in the SW '4 of Section 11,Township 2S, Range 5E, PMM,City of Bozeman, Gallatin County, Montana. The subject property is zoned as"R-3" (Residential Medium Density District). II. 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 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. 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 recommend 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 IV. The application was considered by the Bozeman City Commission at its regular meeting on October 6,2008, 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 area was platted and subdivided several years ago with the Babcock Meadows subdivision,and does not support agricultural uses. 2. Effects on Agricultural Water User Facilities No effects on agricultural water user facilities are identified. 3. Effects on Local Services Water/Sewer. As conditioned by Engineering Staff,new water and sewer services 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. Police./Fire. 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. Stormwater. Stormwater facilities are included in the northern portion of the 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- Lot 70 Babcock Meadows Minor Subdivision Findings 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 Wildlife and Wildlife Habitat There is no adverse impact on wildlife and wildlife habitat. The subject property has been developed for some time. 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: • The final plat shall include utility easements in compliance with Section 18.42.060.13. • Pursuant to Section 18.42.120,an off-street location for mail delivery will need to be provided. • Pursuant to Section 18.48.070.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 18.48.070.13,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 property owners association may with the City's approval establish an improvement district to collect assessments to pay for the irrigation 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 will be required to be filed and of record with the Gallatin County Clerk and Recorder. -4- Lot 70 Babcock Meadows Minor Subdivision Findings of Fact and Order #P- 08010 • 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 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 3-1i2" floppy disk; and five(5)paper prints. • Pursuant to Section 18.06.040.D.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 §19.74.060, BMC. • Pursuant to Section 18.74.030.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 shall supply the City of Bozeman with an acceptable method of security equal to 150 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 preliminary 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- Lot 70 Babcock Meadows Minor Subdivision Findings of Fact and Order #P- 08010 1). Compliance with the required subdivision review process. A subdivision preapplication was submitted on February 13,2008. The pre-application was reviewed by the Development Review Committee(DRC)on April 16,23,and 30,2008. During the DRC review,it was found that the proposal is creating a"flag"lot,which doesn't provide public street frontage,and is unsupportable. Staff made the suggestion to apply for a boundary re-alignment Subdivision Exemption,which would provide public street frontage along Donna Way by taking a small portion of the existing open space at the southeast corner of the lot. A preliminary plat application was completely received on August 27,2008. The preliminary plat was different than the pre-application submittal because it included a 26-foot wide strip of property in the southern portion of the open space area owned by the City of Bozeman. The representative made the argument that said strip of land met the legal requirement of frontage,but Planning Staff disagreed. The preliminary plat application was found as unacceptable for initial review. The reasons for this determination are listed below: 1. The City of Bozeman is an affected property owner with this preliminary plat application. No City signature was received or included with the application submittal. 2. The proposal fails to meet Section 18.42.030.a of the Unified Development Ordinance, because it creates a lot design with an irregular and flag shape. Lot designs with irregular shapes,narrow necks,points and flag shapes shall be permitted only when the developer can demonstrate that the proposed lot designs are necessary due to topography or other physical constraints. 3. A variance request is required to allow a driveway access to be located within a required side yard setback,as stated in Section 18.44.090.E.2 of the Unified Development Ordinance. After further discussions with the property owner and representative,as well as the City's Director of Public Services,Debbie Arkell,Planning Staff determined that if the entire southern, triangular portion of the open space was included in the proposed south lot,adequate frontage and access on Donna Way is supplied to the lot. The preliminary plat application materials were revised and submitted to show such an arrangement,and deemed complete and acceptable for initial review by Planning Staff on September 3,2008. The preliminary plat was reviewed by the DRC on September 3 and 10,2008. On the final week of DRC review,a favorable recommendation was forwarded for consideration by the Planning Board and City Commission. Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday, September 14,2008. The site was posted with a public notice on September 12,2008. Finally, notice was sent to adjacent property owners via certified mail,and to all other property owners of record within 200 feet of the subject property via first class mail,on September 12,2008. At the time of this report,no public comment was received at the Department of Planning&Community Development in regards to this project. -6- Lot 70 Babcock Meadows Minor Subdivision Findings of Fact and Order *P- 08010 On September 11,2008, the minor subdivision staff report was drafted and forwarded with a recommendation of conditional approval to the Planning Board for consideration at their September 16,2008 public hearing. The City Commission will make a final decision at their September 16, 2008 public hearing. Final decision for a Second or Subsequent Minor Subdivision from a Tract of Record Preliminary Plat must be made within 60 working days of the date it was deemed complete or in this case by December 1,2008. E. Provision of easements for the location and installation of any planned utilities. A 15-foot utility easement currently exists along the western perimeter of the property. A public access easement also exists for the drive access off Donna Way,which accesses the condominium development. F. Provision of legal and physical access to each parcel. 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. 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 Bozeman 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 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 Lot 70 Babcock Meadows Minor Subdivision for the property owner Dan Barnes of Mountain High Homes, LLC,be approved, subject to the following conditions: 1. Prior to final plat submittal,the property owner and representative shall obtain City Commission approval of the transferiexchange of the open space property owned by the City of Bozeman. The request can be placed on the same agenda as the preliminary plat City Commission hearing, likely as the item directly before or after the preliminary plat. -7- Lot 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 provided to 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, within 30 days after the adoption of these Findings by the City Commission,by following the procedures of Section 76-3-625, 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°i day of October, 2008, BOZEMAN CITY COMMISSION By: KAARENJACOBSON Mayor ATTEST: APPROVED AS TO FORM: STACY ULMEN TIM COOPER City Clerk Assistant City Attorney -8-