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HomeMy WebLinkAboutFindings of Fact and Order for Story Mansion Minor Subdivision.pdf Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Doug Riley, Associate Planner Andrew C. Epple, Director, Planning and Community Development Chris Kukulski, City Manager SUBJECT: Story Mansion Minor Subdivision Findings of Fact and Order (#P-09012) MEETING DATE: December 7, 2009 AGENDA ITEM TYPE: Consent RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the preliminary plat of the Story Mansion Minor Subdivision. BACKGROUND: On November 16, 2009 the City Commission held a public hearing on an application for preliminary plat approval for the Story Mansion 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. ALTERNATIVES: As suggested by the City Commission Attachments: Findings of Fact Report compiled on: December 1, 2009 84 Story Mansion Minor Subdivision Findings of Fact and Order #P-09012 BEFORE THE BOZEMAN CITY COMMISSION GALLATIN COUNTY, MONTANA IN THE MATTER OF THE APPLICATION OF THE CITY OF BOZEMAN FOR PRELIMINARY APPROVAL OF THE STORY MANSION MINOR SUBDIVISION. FINDINGS OF FACT AND ORDER This matter came before the Bozeman City Commission on November 16, 2009 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 consisting of a proposed division of 2.15 acres of land into two lots as submitted in its original form on September 23, 2009, #P-09012. 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 September 23, 2009, the City of Bozeman submitted an application for approval to create a Minor Subdivision on 2.15 acres. The subject property is legally described as a tract of 85 Story Mansion Minor Subdivision Findings of Fact and Order #P-09012 -2- land described as Lot 1A, Block 3, Amended Butte Addition, City of Bozeman, Gallatin County, Montana. The property is annexed and is zoned of R-1 (Residential Single-Household, Low Density District). II. The comments of the Development Review Committee, along with those of the 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 on October 18, 2009, posting the subject property on October 14, 2009, and 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 on October 14, 2009. The City of Bozeman Planning Board held a public hearing on November 3, 2009. 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. No public comment was provided. The members of the City of Bozeman Planning Board reviewed the requested preliminary plat and discussed park lighting policy, restrooms for the park, parking for the Mansion, State 86 Story Mansion Minor Subdivision Findings of Fact and Order #P-09012 -3- Historic Preservation Office review, the future value of the subdivided property and the final plat format. The City of Bozeman Planning Board reviewed the application against the requirements of the Montana Subdivision and Platting Act and found that, with conditions as recommended, the Minor Subdivision Preliminary Plat Application would comply with those requirements; and The City of Bozeman Planning Board moved to recommend conditional approval of the subdivision with the conditions as detailed in the staff report, and passed on a vote of 8-1. IV. The application was considered by the Bozeman City Commission at its regular meeting on November 16, 2009, 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 site is located within the developed (urban) part of the City and has no agricultural components that would be impacted by the proposed subdivision. 2. Effects on Agricultural Water User Facilities There are no agricultural water user facilities located on the subject property. 3. Effects on Local Services Water/Sewer. City water and sewer lines currently exist in the adjacent streets. The Mansion is serviced via connection to the sewer and water mains located in 87 Story Mansion Minor Subdivision Findings of Fact and Order #P-09012 -4- Willson Avenue. The proposed utility easement located across Lot 1A-2 (east of the Mansion) will contain these service lines. The Carriage House is connected to the sewer and water mains in Grand Avenue. No easement is needed for these lines as the service lines and Carriage House are located on proposed Lot 1A-1. As required for all subdivisions in the City, the Engineering Department has documented that there is adequate capacity and pressure within the City’s water distribution and sewer collection systems to provide service for the proposed minor subdivision. Police/Fire: The property is well within the City’s Police and Fire emergency response area. Streets. The subject property is bound by four fully improved Streets. Proposed Lot 1A-1 will have extensive frontage to both Grand Avenue and Harrison Street (the Mansion takes access off from Grand Avenue to the West). Proposed Lot 1A- 2 will have extensive frontage to Willson Avenue, College Street and Harrison Street. No improvements to the local streets are proposed with the subdivision. Pathways: The existing improvements to adjacent streets include boulevard sidewalks and pedestrian facilities. 4. Effects on the Natural Environment The site has been developed and utilized for urban uses for some time. No changes or impacts to the existing trees or shrubs on the site are proposed as part of this subdivision. As required for all subdivision applications, a noxious weed 88 Story Mansion Minor Subdivision Findings of Fact and Order #P-09012 -5- management plan prepared by the applicant and submitted to the Gallatin County Weed Control Office. That plan was approved on October 13, 2009 by the Weed Control District. 5. Effects on Wildlife and Wildlife Habitat No known endangered species or critical game ranges have been identified on the subject property. Historical use of the property for urban purposes in this location of the City essentially eliminates the potential for development of any wildlife habitat. 6. Effects on Public Health and Safety The intent of the regulatory standards as set forth in the Bozeman Municipal Code is to protect the public health, safety and general welfare. The subdivision has been reviewed and, with the required conditions and code provisions, has been determined to be in general compliance with the title. Any conditions deemed necessary to ensure compliance with public health and safety have been listed by the Development Review Committee and are noted accordingly as conditions of approval in this staff report. B. Compliance with the survey requirements provided for in Part 4 of the Montana Subdivision and Platting Act. The preliminary plat has been prepared in accordance with the survey requirements of the Montana Subdivision and Platting Act. As noted in condition #1, the final plat must comply with state statute and the Bozeman Municipal Code. 89 Story Mansion Minor Subdivision Findings of Fact and Order #P-09012 -6- C. Compliance with the Bozeman Unified Development Ordinance. The following requirements are standards of the Bozeman Unified Development Ordinance and shall be addressed with the final plat submittal: 1. 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 applicant 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 applicant, 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 applicant, provided for in §18.74.060, BMC. 2. 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. 3. Pursuant to Section 18.42.060, all easements, existing and proposed, shall be accurately depicted and addressed on the final plat and in the final plat application. 4. Section 18.78.050.H requires that any noxious weeds be identified and mapped by a person with experience in weed management and knowledgeable in weed identification. 90 Story Mansion Minor Subdivision Findings of Fact and Order #P-09012 -7- A noxious weed management and revegetation plan, approved by the County Weed Control District, shall be submitted with the final plat. D. Compliance with the required subdivision review process. A subdivision pre-application was submitted on August 24, 2009. The pre-application was reviewed by the DRC on September 2, 2009 and summary review comments were forwarded to the applicant in preparation of the preliminary plat application. A preliminary plat application was submitted on September 23, 2009. The preliminary plat was reviewed by the DRC on September 30, and October 7, 2009. 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, October 18, 2009. The site was posted with a public notice on October 14, 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 October 14, 2009. No letters of public testimony were received at the Department of Planning & Community Development in regards to this project. On October 28, 2009 a minor subdivision staff report was drafted and forwarded with a recommendation of conditional approval to the Planning Board for consideration at its November 3, 2009 public hearing. 91 Story Mansion Minor Subdivision Findings of Fact and Order #P-09012 -8- The Planning Board recommended conditional approval of the preliminary plat. The City Commission made final decision at their November 16, 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 December 7, 2009. E. Provision of easements for the location and installation of any planned utilities. No new utilities are planned or necessitated as part of this subdivision. The Mansion is connected via service lines to the sewer and water mains located in Willson Avenue. The proposed utility easement located across Lot 1A-2 (east of the Mansion) will contain these service lines. The Carriage House is connected via service lines stubbed in from Grand Avenue. No easement is needed for these lines as the service lines and Carriage House are located on proposed Lot 1A. F. Provision of legal and physical access to each parcel. Both proposed lots will have legal and physical access from the adjacent streets. ORDER On November 16, 2009, the City Commission opened the public hearing for the Preliminary Plat to take public comment and consider the plat as submitted. Following deliberation and vote as noted in the minutes from said meeting, the Commission found, on a 3-0 vote, that the proposed subdivision would comply with the City of Bozeman Growth Policy, 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 92 Story Mansion Minor Subdivision Findings of Fact and Order #P-09012 -9- 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 Story Mansion Minor Subdivision for the property owners, City of Bozeman, be approved, subject to the following condition: 1. 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. 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 day of , 2009. 93 Story Mansion Minor Subdivision Findings of Fact and Order #P-09012 -10- BOZEMAN CITY COMMISSION ______________________________ KAAREN JACOBSON, Mayor ATTEST: APPROVED AS TO FORM: _____________________________ _________________________________ STACY ULMEN, CMC TIM COOPER City Clerk Assistant City Attorney 94