HomeMy WebLinkAboutFindings of Fact and Order for Bozeman SSA Minor Subdivision Preliminary Plat #P-08001
Report compiled on August 20, 2008
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Allyson C. Bristor, Associate Planner
SUBJECT: Bozeman SSA Minor Subdivision Findings of Fact and Order (#P-08001)
Consent Item
MEETING DATE: August 25, 2008
RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the
preliminary plat of the SSA Minor Subdivision.
BACKGROUND: On April 14, 2008, the City Commission held a public hearing on an application
for preliminary plat approval of SSA 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 Brian Krueger at abristor@bozeman.net if you have any
questions.
APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
ATTACHMENTS: Findings of Fact and Order for
SSA Minor Subdivision Preliminary Plat
37
Bozeman SSA Minor Subdivision Findings of Fact and Order #P-08001
BEFORE THE BOZEMAN CITY COMMISSION
GALLATIN COUNTY, MONTANA
IN THE MATTER OF THE APPLICATION OF BOZEMAN
SSA, LLC; REPRESENTED BY SDA, INC. AND C&H
ENGINEERING AND SURVEYING, INC.; FOR
PRELIMINARY APPROVAL OF THE BOZEMAN SSA
MINOR SUBDIVISION.
FINDINGS
OF FACT
AND ORDER
This matter came before the Bozeman City Commission on April 14, 2008 for review and
decision pursuant to the Montana Subdivision 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 1.39
acres into two residential lots, as submitted in its original form on February 15, 2008 in application #P-
08001. 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
I.
On February 15, 2008, Bozeman SSA, LLC, represented by SDA, Inc. and C&H Engineering and
Surveying, Inc., submitted an application for approval to create a Second or Subsequent Minor
Subdivision from a Tract of Record to divide approximately 1.39 acres into two residential lots. The
subject property is legally described as Lot 2, Block 2, Cattail Creek Subdivision, Phase 1, located in
38
Bozeman SSA Minor Subdivision Findings of Fact and Order #P-08001
-2-
Section 35, Township 2S, Range 1E, PMM, City of Bozeman, Gallatin County, Montana. The subject
property is zoned as "R-O" (Residential Office 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 April 1, 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 9-0.
39
Bozeman SSA Minor Subdivision Findings of Fact and Order #P-08001
-3-
IV.
The application was considered by the Bozeman City Commission at its regular meeting on April
14, 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 has been platted and subdivided 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. City water and sewer services are currently being utilized by the Social
Security Administration building on the eastern portion of the subject property. Water
and sewer mains are found adjacent to the property. Water and sewer service connection
will be further addressed during site plan review.
Police/Fire. The property is well within the City’s Police and Fire emergency response
area.
Streets. The proposed lot will have legal and physical access on Catron Street.
Stormwater. Stormwater facilities have not been designed. These facilities will be
reviewed during site plan review. All stormwater facilities on site will be required to
meet City design standards and will require the approval of the City Engineering office.
Parks. Commercial developments are not required to dedicate parkland; thus, parkland
dedication was not required with the Social Security Administration Building site plan. If
residential development occurs on the subject property, parkland dedication may be
required. This will be further addressed during site plan review.
Utilities. There are existing power, cable and phone utilities on the subject property.
Necessary easements shall be provided with the site planning for any new development.
40
Bozeman SSA Minor Subdivision Findings of Fact and Order #P-08001
-4-
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 should be no 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:
1. In accordance with UDO Section 18.42.060, all easements, existing and proposed, shall
be accurately depicted on the final plat.
2. A final copy of the covenants, restrictions, and articles of incorporation, with language
that indicates that these lots are included in the homeowner’s association, 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, snow removal, and other areas common to
the association pursuant to Chapter 18.72 of the Bozeman Unified Development
Ordinance.
3. 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
five (5) paper prints.
4. Pursuant to Section 18.06.040.D.6, conditional approval of the preliminary plat shall be
41
Bozeman SSA Minor Subdivision Findings of Fact and Order #P-08001
-5-
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.
5. Pursuant to Section 18.74.030.B, if it is the developer’s intent to file the 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.
6. 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.
D. Compliance with the required subdivision review process.
A subdivision pre-application was submitted on November 10, 2007. The pre-application was
reviewed by the DRC on November 21, 28, and December 5, 2007. The applicant had until
December 5, 2008 to submit a preliminary plat application.
A preliminary plat application was submitted on February 15, 2008 and the required
completeness letter was sent on February 29, 2008. The preliminary plat was reviewed by the
DRC on March 12 and 19, 2008. On the final week of DRC review, a favorable recommendation
was forwarded for consideration by the Planning Board and City Commission on March 19, 2008.
Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday, March
16, 2008. The site was posted with a public notice on March 14, 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 March 14, 2008. No public comment was
received at the Department of Planning & Community Development in regards to this project.
On March 26, 2008 the minor subdivision staff report was drafted and forwarded with a
recommendation of conditional approval to the Planning Board for consideration at its April 1,
2008 public hearing. The City Commission will make a final decision at an April 14, 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 April 29, 2008. If the application is approved on April 14, 2008 then it will have
taken 31 working days.
42
Bozeman SSA Minor Subdivision Findings of Fact and Order #P-08001
-6-
E. Provision of easements for the location and installation of any planned utilities.
A 12-foot utility easement currently exists along the southern portion (along Catron Street) of the
property. A detailed plan of utility locations and associated easements is required as part of the
civil drawings necessary during site plan review.
F. Provision of legal and physical access to each parcel.
The proposed lot will have legal and physical access on Catron Street.
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 Bozeman
SSA Minor Subdivision for the property owner Bozeman SSA, LLC, be approved, subject to the
following conditions:
Conditions of Approval:
1. The adjacent lot to the west (i.e.., Lot 1, Bock 2) is zoned R-3 (Residential Medium Density
District). Appropriate measures to give consideration to residential adjacency must be
considered during site plan review.
2. The mutual access easement for the drive access must be executed 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
43
Bozeman SSA Minor Subdivision Findings of Fact and Order #P-08001
-7-
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 day of , 2008.
BOZEMAN CITY COMMISSION
By:______________________________
Kaaren Jacobson, Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ _________________________________
Stacy Ulmen Tim Cooper
City Clerk Assistant City Attorney
44