HomeMy WebLinkAbout09- CHB Properties Preliminary Plat Findings of Fact and Ordert
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BEFORE THE BOZEMAN CITY COMMISSION
IN THE MATTER OF THE APPLICATION OF FINDINGS OF FACT
CHB PROPERTIES LLC FOR PRELIMINARY PLAT AND ORDER
REVIEW OF A TWO-LOT MINOR SUBDIVISION OF
TRACT B-1-A OF CERTIFICATE OF SURVEY
NO. 156D, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA
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, public hearings were scheduled, after notice given, before the Bozeman
Planning Board on June 2, 2009, and before the Bozeman City Commission on June 15, 2009, on the
above-entitled application. The applicant presented to the City Commission a proposed preliminary
plat for a Second or Subsequent Minor Subdivision from a Tract of Record to subdivide 3.157 acres
and create two manufacturing and industrial lots.
The purpose of the public hearings was to consider all relevant evidence relating to public
health, safety, and welfare, including the required environmental assessment and recommendation of
the Planning Board, to determine whether the plat should be approved, conditionally approved, or
disapproved.
It appeared to the City Commission that all parties and the public 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 City Commission makes the following Findings of Fact,
as required:
FINDINGS OF FACT
I.
The complete application for the preliminary subdivision plat review of a Second or
Subsequent Minor Subdivision From a Tract of Record for Tract B-1-A of Certificate of Survey No.
CHB Properties LLC MiSub of Tract B-1-A of COS No. 156D- Findings of Fact and Order 1
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156D, a two-lot manufacturing and industrial subdivision, was submitted to the City of Bozeman
Department of Planning and Community Development by Gaston Engineering C & H Engineering &
Surveying, Inc., on March 5, 2009. The subject property is legally described as Tract B-1-A of
Certificate of Survey No. 156D, located in the NE1/4 of Section 6, T2S, R6E, P.M.M., City of
Bozeman, Gallatin County, Montana.
On March 16, 2009 the application was deemed acceptable for initial review by the Department
of Planning and Community Development. On April 1, 200 the Development Review Committee
determined the required submittal material containing the detailed supporting information was
adequate to allow for the review process to continue.
II.
On April 8, 2009 the applicant's representative, Dennis Foreman of Gaston Engineering &
Surveying, P.C., granted an extension to the 35-day review period for the purposes of avoiding
conflicts with the public hearing dates before the Planning Board and City Commission.
III.
The City of Bozeman Planning Board heard the matter of preliminary subdivision plat review
of a Second or Subsequent Minor Subdivision From a Tract of Record for Tract B-1-A of Certificate of
Survey No. 156D on June 2, 2009.
The Planning Staff reviewed the project at that time and discussed the recommended conditions
of the Development Review Committee and local review agencies, needed infrastructure to service the
second lot, possible shared access easement, and upgrading the lift station, existing force main, and
gravity sewer connection on the site.
The Planning Staff reported no letters of public testimony on the matter of the preliminary plat
application was received by the Planning Office as of the public hearing before the Planning Board.
CHB Properties LLC MiSub of Tract B-1-A of COS No. 156D-Findings of Fact and Order 2
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The Planning Board then opened the public hearing on said matter and finding no public
testimony forthcoming on the matter of the preliminary plat application, closed the public comment
period of the hearing.
IV.
The members of the Planning Board discussed the current development of the property with a
lease with Burlington Northern Railroad, depth to ground water, site access, improvements to the
existing lift station, and completion of sanitary sewer and water infrastructure services prior to
development of the second lot.
After reviewing the staff recommendation, hearing the applicant's presentation, and finding
that the Preliminary Plat was properly submitted and reviewed under the procedures of the City of
Bozeman Unified Development Ordinance, Title 18, BMC, and the adopted growth policy, the
Planning Board moved to recommend conditional approval of the subdivision with conditions
recommended by the Planning Staff.
V.
The Planning Board found that with the recommended conditions as outlined in the staff report
that the subdivision would comply with the primary review criteria, and therefore voted 7-0 to forward
a recommendation of conditional approval for the preliminary plat to the Bozeman City Commission
as set forth in Planning Resolution No. P-09001.
VI.
The matter of preliminary plat review of the two-lot minor subdivision was considered at a
public hearing before the City Commission on Monday, June 15, 2009.
The Planning Staff reviewed the project at that time and forwarded the Planning Board's
recommendation of conditional approval of the preliminary plat as set forth in Planning Board
Resolution No. P-09001.
CHB Properties LLC MiSub of Tract B-1-A of COS No. 156D- Findings of Fact and Order 3
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Dennis Foreman of Gaston Engineering and Surveying, P.C., representing the applicant stated
that they were okay with the recommended conditions of approval and discussed the upgrading of the
existing lift station.
The public hearing portion on this matter was then opened to hear public testimony on the
matter with no members of the general public offering comment on the matter of the preliminary plat
application.
The City Commission considered the staff report prepared by the Planning Staff and
Development Review Committee, and the recommendation of the Planning Board and then discussed
proximity of the property to the entryway corridor overlay district and upgrading of the lift station.
VIII.
The City Commission then considered the minutes of the Planning Board meeting, Resolution
of the Planning Board, Planning Office staff report, public record, the developer's testimony, and
weighed the proposed subdivision against the primary criteria for consideration of subdivisions
established. in Title 76-3-608, and found as follows:
A. Primary Review Criteria
1. Effects on Agriculture
The site in question is situated in area that has historically developed with industrial and
manufacturing uses, as well as other comparable uses as the petroleum terminal bulk plant to
the northwest and rental warehouse facilities east of the Burlington Northern railway right-of-
way. The property does not currently support agricultural uses and therefore is not a viable site
for farming purposes.
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 currently exist in Evergreen Drive and are capable
of servicing the two-lot minor subdivision. Placement and location of water and sewer service
connections for Lot 2 will be further addressed by the City Engineer's Office during site plan
review development of the lot. The City Engineer's Office notes that the existing lift station,
CHB Properties LLC MiSub of Tract B-1-A of COS No. 156D-Findings of Fact and Order 4
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force main, and gravity sewer connection on the site will need to be brought into conformance
with applicable requirements of the adopted Uniform Plumbing Code and City Design
Standards.
Police/Fire: The property is well within the City's Police and Fire emergency response area.
Streets. Evergreen Drive and Griffin Drive currently service this industrial area and will
provide access to the two-lot minor subdivision. No improvements to the local street,
Evergreen Drive, or the minor arterial road, Griffin Drive, are anticipated with this application.
However, to limit the number of egress/ingress points onto Evergreen Drive the Planning Staff
is recommending that the applicant consider establishing a shared access easement between the
two lots.
Pathways: The Bozeman 2020 Community Plan does not identify shared pedestrian/bicycle
pathways in proximity to the proposed minor subdivision. However, a proposed boulevard trail
is identified for consideration with future improvements to Griffin Drive. Because the area is
designated appropriate for industrial development, sidewalks have not been required with local
street improvements. This includes the Evergreen Business Park Subdivision to the west.
Stonnwater. A Stormwater Master Plan for street runoff was not required with the two-lot preliminary
plat application. However, stormwater runoff facilities will be evaluated to meet City design standards
with site plan review for development of Lot 2 and will require the approval of the City Engineering
office.
Parks. No public parkland requirements are necessary with the industrial subdivision.
Utilities. As this is a subsequent subdivision of an existing subdivision lot electricity, gas, cable and
phone utilities currently exist on the subject property.
4. Effects on the Natural Environment
A noxious weed control plan prepared by the applicant was reviewed and approved by the Gallatin
County Weed Control Office on October 6, 2008. Prior to final plat approval the County Weed District
will verify that said weed control has been implemented as prescribed in the management and
revegetation plan.
5. Effects on Wildlife and Wildlife Habitat
No known endangered species or critical game ranges have been identified on the proposed
subdivision. Historical use of the property as industrial lands and no evidence of mature
vegetation or physical features (water courses, wetlands, etc.) essentially reduce the potential for
development of any wildlife habitat. Therefore, no significant effects on major wildlife game and
their habitat should occur as a result of the proposed minor subdivision.
6. Effects on Public Health and Safety
The intent of the regulatory standards as set forth in the Unified Development Ordinance of the
Bozeman Municipal Code 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. No
watercourse, associated wetlands, or floodplain boundaries have been indentified on the site in
CHB Properties LLC MiSub of Tract B-1-A of COS No. 156D- Findings of Fact and Order
question. Any conditions deemed necessary to ensure compliance have been listed by the
Development Review Committee and are noted accordingly as conditions of approval in this
staff report.
a. 18.42.060.B.1.a "Private Utilities" -The final plat and/or association documents shall
contain a note stating that if a utility easement is greater than the building setback required
by the U.D.O. said easement shall apply. .
b. 18.42.120 "Mail Delivery" - An off-street area for mail delivery shall be provided if mail
delivery will not be to each individual lot within the development.
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. 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 adouble-sided, high density 3-1/2" floppy disk; and five (5) paper prints.
3. 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 § 18.74.060, BMC.
4. 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.
CHB Properties LLC MiSub of Tract B-1-A of COS No. 15fiD-Findings of Fact and Order 6
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5. 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.
6. Pursuant to Chapter 18.30 "Bozeman Entryway Corridor Overlay District" Lot 2 of the
minor subdivision is located in the I-90 entryway overlay corridor and therefore the
provisions for a Certificate of Appropriateness would apply at the time of development of
said lot.
D. Compliance with the required subdivision review process.
A subdivision preapplication was submitted on August 21, 2008. The pre-application was
reviewed by the DRC on October 16 and October 23, 2008 and summary review comments
forward to the applicant in preparation of a preliminary plat application.
A preliminary plat application was submitted on March O5, 2009 and the required completeness
letter was sent on March 16, 2009. The preliminary plat was reviewed by the DRC on March
15, April 1, and April 8, 2009. The applicant requested an extension to the 60-day review
period to reschedule the hearings before the Planning Board and City Commission. 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, May 3 and May 10, 2009. The site was posted with a
public notice on May 8, 2009. Public 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 May 8, 2009. No letters of public testimony have been received at the
Department of Planning & Community Development in regards to this project.
On May 26, 2009 the minor subdivision staff report was drafted and forwarded with a
recommendation of conditional approval to the Planning Board for consideration at its June 2,
2009 public hearing. The City Commission is scheduled to make a final decision at the June
15, 2009 public hearing. The 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 June 11, 2009. However, an extension to the 60-day
review period was requested by the applicant due to scheduling conflicts.
E. Provision of easements for the location and installation of any planned utilities.
All public and private utilities access the site from the Evergreen Drive 60-wide utility and access
easement. A 25-foot sanitary sewer easement currently exists along the southern portion of the property
(shared by Lot 10 of Evergreen Business Park Subdivision) that contains a 21-inch sewer main to
service this area. A 30-foot sanitary sewer easement crosses the site diagonally in proximity to
Evergreen Drive that services the existing development of the site and will limit the development of any
structure(s) in the area of Lot 2. 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 lots will have legal and physical access from the existing private road, Evergreen
Drive.
CHB Properties LLC MiSub of Tract B-1-A of COS No. 156D-Findings of Fact and Order 7
IX.
After considering all matters of record presented at the public hearings the City Commission
found that the proposed preliminary plat for atwo-lot minor subdivision to divide 3.157 acres and
create two manufacturing and industrial lots would comply with the requirements of the Bozeman
Unified Development Ordinance and the Montana Subdivision and Platting Act if certain conditions
were imposed.
X.
The City Commission then considered approval of the preliminary plat application for atwo-lot
minor subdivision with the ten recommended conditions of approval provided in Planning Board
Resolution No. P-09001. The motion passed on a vote of 4-0.
ORDER
IT IS HEREBY ORDERED, on a vote of 4-0, that the Preliminary Subdivision Plat to
subdivide 3.157 acres and create two manufacturing and industrial lots has been found to meet the
primary criteria of the Montana Subdivision and Platting Act, and is therefore approved, subject to the
conditions listed below. The evidence as stated in the Findings of Fact, justifies the conditions
imposed on the subdivision to ensure that the final plat complies with all applicable regulations, and all
required criteria, that appropriate and safe vehicular and pedestrian circulation is provided, adequate
infrastructure and public services are provided, and adequate public access, utility easements, and
rights-of--way are provided.
City Engineer's Office:
1. New water and sewer services for Lot 2 shall be installed, or financially guaranteed, prior to Final
Plat approval. Building permits will not be issued prior to installation of the services.
2. The sewer service for Lot 2 shall be run from the existing 21"diameter main.
3. The existing lift station, forcemain, and gravity sewer connection on the site shall be brought into
conformance with applicable requirements of the adopted Uniform Plumbing Code and City
CHB Properties LLC MiSub of Tract B-1-A of COS No. 156D-Findings of Fact and Order 8
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Design Standards. This work shall be completed, or financially guaranteed, prior to Final Plat
approval.
Planning Office:
4. Applicant shall provide with the final plat application a written summary addressing on how the
conditions of approval have been met, both specific and code provisions outlined in the staff
report, as well as related code provisions provided by the City Engineer's Office and Planning
Office. The final plat shall comply with the standards identified and referenced in the Bozeman
Municipal Code. 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.
5. Water rights, or cash-in-lieu thereof, as calculated by the City Engineer's Office, is due with the
final plat of the minor subdivision.
6. Any waivers for area Special Improvement Districts or infrastructure paybacks identified by the
City Engineer's Office shall be addressed with the final plat application.
7. Section 18.42.060.B "Private Utility Easements" - If a utility easement is greater than the
building setback required by the U.D.O. (sanitary sewer easement) a note to that effect shall be
placed on the final plat and/or final site plan. If a shared access road is proposed between Lot 1
and Lot 2, the required yard setback shall be taken form the edge of said easement for Lot 2.
Utility easements must be clearly shown on the preliminary plan and the preliminary plat
application will need to provide written comment from all utility companies that the development
can be adequately served with said easements proposed.
8. The "As Built" exhibit provided with the preliminary plat application shall remain on file for
further reference. However, the final plat shall exclude all reference to existing structures,
impervious surfaces, and physical features.
9. Development of Lot 2 will require compliance with the regulatory standards of the Unified
Development Ordinance is it relates to lot coverage, setbacks, parking, etc. As the lot-to-length
ratio is almost 1:3 the ability to maximize building-out of the proposed second lot is limited.
10. Consideration should be given to a perpetual shared access easement between Lot 1 and Lot 2 to
improvement the egress/ingress points along Evergreen Drive as well as the interior circulation
for both lots.
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, M.C.A.
CHB Properties LLC MiSub of Tract B-1-A of COS No. 156D- Findings of Fact and Order 9
The preliminary approval of this subdivision shall be effective for one (1) year from the date of
Preliminary Plat approval, or June 15, 2010. At the end of this period the City Commission may, at the
written request of the subdivider, extend its approval as provided in the Bozeman Unified
Development Ordinance for not more than one (1) calendar year.
DATED this 21St day of September, 2009.
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S ac*y, , ~ . ~~ Clerk
BOZEMAN CITY COMMISSION
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KAAREN JAC BSON, Mayor
APPROVED AS TO FORM:
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'Gr g Sullivan, City Attorney
CHB Properties LLC MiSub of Tract B-1-A of COS No. 156D- Findings of Fact and Order
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