HomeMy WebLinkAboutAmended Plat of Lot 7, Block 16, Cattail Cr11432_19
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Doug Riley, Associate Planner
Chris Saunders, Interim Planning Director
Chris Kukulski, City Manager
SUBJECT: Amended Plat of Lot 7, Block 16, Cattail Creek Subdivision - Minor
Subdivision Preliminary Plat Application – #P-10005
MEETING DATE: June 21, 2010
AGENDA ITEM TYPE: Action - Public Hearing
RECOMMENDATION: That the City Commission approve Minor Subdivision Preliminary
Plat Application #P-10005 with the conditions of approval and code provisions listed in Planning
Board Resolution #P-10005.
BACKGROUND: The property owner/applicant, Von Construction, Inc., represented by C & H
Engineering, has made application for Minor Subdivision Preliminary Plat approval to allow the
subdivision of one lot, (originally zoned and sized to allow a duplex to be constructed), into two
townhouse lots on the northwest corner of Catkin Lane and Blackbird Drive in the Cattail Creek
Subdivision. The existing lot was originally zoned, platted and designed back in 2002 to allow
the construction of a duplex on the property as part of the overall Cattail Creek Subdivision. The
property owner would now simply like to divide the lot approximately in half to allow a
townhouse unit to be constructed on each lot with a shared wall down the middle. This
application essentially only changes the form of ownership of the dwelling on the lot.
Instead of a duplex (2 unit) dwelling with the underlying lot remaining in one ownership,
this proposal would allow a 2 unit townhouse where each unit will own the underlying lot
individually. Therefore, even though this is a subdivision proposal, there is no increase in
the number of units that were originally planned or would be allowed to be constructed on
the lot(s).
All of the perimeter subdivision improvements (e.g. streets, sidewalk, sewer and water, etc.)
have been constructed for the lot as part of the original subdivision development. The only
infrastructure change that will need to be made to accommodate this proposal is the installation
of separate water and sewer service leads to serve the west lot. This is an existing City lot/block
with all services available to serve both proposed lots. There are no specific variances that have
been identified during the preparation or review of the preliminary plat that are necessitate or
required as part of this subdivision.
Planning Staff, the DRC and the Planning Board have forwarded a recommendation of approval
of the preliminary plat with the conditions and code provisions provided in the staff report (and
incorporated into Planning Board Resolution #P-10005).
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UNRESOLVED ISSUES: Staff is unaware of any unresolved issues.
ALTERNATIVES:
1) Approval of the application as requested with the conditions of approval and code
provisions listed in Planning Board Resolution #P-10005.
2) Approval of the application with revised conditions of approval.
3) Denial of the application.
4) As determined by the City Commission.
FISCAL EFFECTS: As this property was originally zoned and designed to allow 2 units, and
only 2 units would still be allowed under this subdivision, there is no requirement for additional
parkland dedication as part of this application. Additional City sewer and water connection fees
will be collected for the new services required to be constructed to proposed Lot 7A.
Attachments: Planning Board Resolution #P-10005
June 1, 2010 Planning Board Minutes
Staff Report
Preliminary Plat
Applicant’s Submittal Materials
Report compiled on: June 14, 2010
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Amended Plat of Lot 7, Block 16, Cattail Creek - Minor Subdivision – Planning Resolution No. P-10005
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Amended Plat of Lot 7, Block 16, Cattail Creek - Minor Subdivision
RESOLUTION #P-10005
RESOLUTION OF THE CITY OF BOZEMAN PLANNING BOARD ON A
RECOMMENDATION OF A PRELIMINARY PLAT APPLICATION TO
ALLOW THE SUBDIVISION OF ONE DUPLEX LOT (.2908 ACRES IN SIZE)
INTO TWO TOWNHOUSE LOTS NORTHWEST OF THE INTERSECTION
OF CATKIN LANE AND BLACKBIRD DRIVE. THE PROPERTY IS ZONED
“R-2” (RESIDENTIAL TWO HOUSEHOLD, MEDIUM DENSITY DISTRICT)
AND IS LEGALLY DESCRIBED AS LOT 7, BLOCK 16, CATTAIL CREEK
SUBDIVISION PHASES 2A AND 2B, LOCATED IN THE NW ¼ OF SECTION
35, T1S, R5E, P.M.M. CITY OF BOZEMAN, GALLATIN COUNTY,
MONTANA.
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WHEREAS, the City of Bozeman has adopted a Master Plan pursuant to 76-1-604, M.C.A.;
and
WHEREAS, the City of Bozeman Planning Board has been created by Resolution of the
Bozeman City Commission as provided for in Title 76-1-101, M.C.A., and a jurisdictional area created
under 76-1-504, M.C.A.; and
WHEREAS, Von Construction, Inc., represented by C & H Engineering, submitted a Minor
Subdivision Preliminary Plat Application to allow the subdivision of one lot, (originally zoned and
sized to allow a duplex to be constructed), into two townhouse lots on the northwest corner of Catkin
Lane and Blackbird Drive in the Cattail Creek Subdivision on property legally described as Lot 7,
Block 16, Cattail Creek Subdivision Phases 2A & 2B, located in the NW¼ of Section 35, T1S, R5E,
P.M.M., City of Bozeman, Gallatin County, Montana; and
WHEREAS, the proposed Minor Subdivision Preliminary Plat Application has been properly
submitted, reviewed, and advertised in accordance with the procedures of Section 18.06.040 of the
Bozeman Unified Development Ordinance; and
WHEREAS, the City of Bozeman Planning Board held a public hearing on Tuesday, June 1,
2010, to receive and review all written and oral testimony on the request for said Minor Subdivision
Preliminary Plat Application; and
WHEREAS, no written testimony has been received by the Planning Office; and
WHEREAS, no public comment was provided as public testimony before the City of Bozeman
Planning Board; and
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WHEREAS, the members of the City of Bozeman Planning Board reviewed the requested
preliminary plat and indicated that they found the application to be in compliance with the adopted
Growth Policy and the Unified Development Ordinance; and
WHEREAS, the City of Bozeman Planning Board, on a vote of 6 to 0, recommends conditional
approval of Planning Application No. P-10005 for the two-lot minor subdivision with the conditions of
approval and code provisions outlined in the staff report of the City of Bozeman Department of
Planning and Community Development; and
NOW, THEREFORE, BE IT RESOLVED, that the City of Bozeman Planning Board, on a vote
of 6 to 0, recommends approval to the Bozeman City Commission to create two lots on the .2908 acre
property located on the northwest corner of Catkin Lane and Blackbird Drive in the Cattail Creek
Subdivision on property legally described as Lot 7, Block 16, Cattail Creek Subdivision Phases 2A &
2B, located in the NW¼ of Section 35, T1S, R5E, P.M.M., City of Bozeman, Gallatin County,
Montana, with the following conditions and code provisions:
Conditions:
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.
2. The new water and sewer services to proposed Lot 7A shall be installed or financially
guaranteed prior to final plat approval.
Code Provisions:
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. 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.
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5. 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.
DATED THIS 1st DAY OF JUNE 2010, Planning Board Resolution #P-10005.
____________________________________ _________________________________
Doug Riley, Associate Planner Erik Henyon, President
City of Bozeman, Department of City of Bozeman Planning Board
Planning & Community Development
190
City of Bozeman Planning Board Minutes of June 1, 2010. 1
PLANNING BOARD MINUTES
TUESDAY, JUNE 1, 2010
ITEM 1. CALL TO ORDER AND ATTENDANCE
President Henyon called the regular meeting of the Planning Board to order at 7:00 p.m. in the
Commission Meeting Room, City Hall, 121 North Rouse Avenue, Bozeman, Montana and
directed the secretary to take attendance.
Members Present: Staff Present:
Trever McSpadden Doug Riley, Associate Planner
Ed Sypinski Tara Hastie, Recording Secretary
Chris Budeski
Eugene Graf, IV
Bill Quinn
Erik Henyon, President
Members Absent: Guests Present:
Jeff Krauss Adrian Von
Brian Caldwell, Vice President
ITEM 2. PUBLIC COMMENT (0-15 MINUTES)
{Limited to any public matter within the jurisdiction of the Planning Board and not
scheduled on this agenda. Three-minute time limit per speaker.}
Seeing no public comment forthcoming, President Henyon closed the public comment portion of
the meeting.
ITEM 3. MINUTES OF MAY 4, 2010
MOTION: Mr. Budeski moved, Mr. McSpadden seconded, to approve the minutes of May 4,
2010 as presented. The motion carried 6-0. Those voting aye being President Henyon, Mr. Graf,
Mr. McSpadden, Mr. Budeski, Mr. Sypinski, and Mr. Quinn. Those voting nay being none.
ITEM 4. PROJECT DISCUSSION
1. Preliminary Plat Application #P-10005 – (Cattail Creek, Amended Plat, Block
16, Lot 7) A Minor Subdivision Preliminary Plat requested by the owner and
applicant, Von Construction, Inc., and representative, C&H Engineering and
Surveying, Inc., requesting the subdivision of one duplex lot (2.908 acres in size)
into two townhouse lots for property legally described as Amended Plat of Lot 7,
Block 16, Cattail Creek Subdivision Phases 2A & 2B, City of Bozeman, Gallatin
County, Montana and generally located northwest of the intersection of Blackbird
Drive and Catkin Lane. (Riley)
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City of Bozeman Planning Board Minutes of June 1, 2010. 2
Associate Planner Doug Riley presented the Staff Report noting the location of the site and that
the request was to simply divide the duplex lot into two townhouse lots. He stated the zoning
designation of the property was R-2 and had been designated as Residential on the Future Land
Use Plan. He directed the Board to the photo of the existing lot and noted the infrastructure had
already been installed. He stated the proposal was to divide the lot in half and all that would be
allowed on the site would be the same number of units as originally applied to the subdivision. He
stated the only real infrastructure change would be to install sewer and water leads to serve the
newly formed lot. He stated the 20 foot setback would be observed and noted the townhouse
orientation would look much the same as the original duplex would have looked. He stated no
public comment had been received for the proposal and Staff was supportive of the proposal as
submitted with Staff conditions of approval.
Adrian Von addressed the Board. He stated Planner Riley had explained the proposal thoroughly
and he had nothing to add.
President Henyon opened the item for public comment. Seeing none forthcoming, President
Henyon closed the public comment period.
MOTION: Mr. Budeski moved, Mr. Quinn seconded, to forward a recommendation of approval
to the City Commission for Preliminary Plat Application #P-10005 with Staff conditions of
approval.
Mr. Sypinski stated he found the application to be in compliance with both the Growth Policy and
the UDO to provide for Findings of Fact.
Mr. McSpadden added that he found the proposal to be in keeping with the underlying zoning
designation and the UDO.
President Henyon stated he concurred with previous Board member comments.
The motion carried 6-0. Those voting aye being President Henyon, Mr. Graf, Mr. McSpadden,
Mr. Budeski, Mr. Sypinski, and Mr. Quinn. Those voting nay being none.
ITEM 5. NEW BUSINESS
Mr. Sypinski stated he thought Mr. Caldwell would be bringing information to the Board
regarding the new Planning Director. President Henyon stated he had received an e-mail last
week and asked Recording Secretary Hastie if she had any information regarding the position.
Recording Secretary Hastie responded the City had held a “meet and greet” for the final three
candidates in the last week and had since moved on to the next stage of the interview process; no
further information had been received.
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City of Bozeman Planning Board Minutes of June 1, 2010. 3
ITEM 6. ADJOURNMENT
Seeing there was no further business before the Board, President Henyon adjourned the meeting
at 7:16 p.m.
__________________________________ __________________________________
Erik Henyon, President Doug Riley, Associate Planner
Planning Board Planning & Community Development
City of Bozeman City of Bozeman
193
PLANNING BOARD & CITY COMMISSION STAFF REPORT
AMENDED PLAT OF LOT 7, BLOCK 16, CATTAIL CREEK SUBDIVISION –
MINOR SUBDIVISION PRELIMINARY PLAT FILE NO. #P-10005
Amended Plat of Lot 7, Block 16, Cattail Creek Subdivision –
Minor Subdivision Preliminary Plat Staff Report - #P-10005
1
Item: Subdivision Preliminary Plat Application #P-10005 - An application for
Minor Subdivision Preliminary Plat Review to allow the subdivision of one
duplex lot (.2908 acres in size) into two townhouse lots northwest of the
intersection of Catkin Lane and Blackbird Drive.
Owner/Applicant: Von Construction, Inc.
260 Cayuse Trail
Bozeman, MT 59718
Representative: C & H Engineering
1091 Stoneridge Drive
Bozeman, MT 59718
Date/Time: Before the Bozeman Planning Board on Tuesday, June 1, 2010 at 7:00 p.m. in
the City Commission Meeting Room, City Hall, 121 N. Rouse Avenue,
Bozeman, Montana.
Before the Bozeman City Commission on Monday, June 21, 2010 at 6:00 p.m.
in the City Commission Meeting Room, City Hall, 121 N. Rouse Avenue,
Bozeman, Montana.
Report By: Doug Riley, Associate Planner
Department of Planning and Community Development
Recommendation: Conditional Approval
____________________________________________________________________________________
PROJECT LOCATION
The subject property (currently vacant) is located on the northwest corner of Catkin Lane and Blackbird
Drive in the Cattail Creek Subdivision. The property is legally described as Lot 7, Block 16, Cattail
Creek Subdivision Phases 2A & 2B, located in the NW¼ of Section 35, T1S, R5E, P.M.M., City of
Bozeman, Gallatin County, Montana. The property is zoned R-2 (Residential Two-Household, Medium
Density District). Please refer to the vicinity map provided on the following page.
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Amended Plat of Lot 7, Block 16, Cattail Creek Subdivision –
Minor Subdivision Preliminary Plat Staff Report - #P-10005
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PROPOSAL
The property owner/applicant, Von Construction Inc., has made application for Minor Subdivision
Preliminary Plat approval to allow the subdivision of one lot, (originally zoned and sized to allow a
duplex to be constructed), into two townhouse lots on the northwest corner of Catkin Lane and
Blackbird Drive in the Cattail Creek Subdivision. The existing lot was originally zoned, platted and
designed back in 2002 to allow the construction of a duplex on the property as part of the overall Cattail
Creek Subdivision. The property owner would now simply like to divide the lot approximately in half to
allow a townhouse unit to be constructed on each lot with a shared wall down the middle. This
application essentially only changes the form of ownership of the dwelling on the lot. Instead of a
duplex (2 unit) dwelling with the underlying lot remaining in one ownership, this proposal would
allow a 2 unit townhouse where each unit will own the underlying lot individually. Therefore, even
though this is a subdivision proposal, there is no increase in the number of units that were
originally planned or would be allowed to be constructed on the lot(s).
All of the perimeter subdivision improvements for the lot (e.g. streets, sidewalk, sewer and water, etc.)
have been constructed for the lot as part of the original subdivision development. The only infrastructure
change that will need to be made to accommodate this proposal is the installation of separate water and
sewer service leads to serve the west lot. This is an existing City lot/block with all services available to
serve both proposed lots. There are no specific variances that have been identified during the preparation
or review of the preliminary plat that are necessitate or required as part of this subdivision.
This minor subdivision is submitted as a “Second or Subsequent Minor Subdivision Created from a
Tract of Record” as the property had been created by a subdivision.
RECOMMENDED CONDITIONS OF APPROVAL:
Pursuant to Section 18.06.040 of the City of Bozeman Municipal Code (BMC), the Planning Board shall
review the preliminary plat application to determine if the proposed plat is in compliance or
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Amended Plat of Lot 7, Block 16, Cattail Creek Subdivision –
Minor Subdivision Preliminary Plat Staff Report - #P-10005
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noncompliance with the adopted Growth Policy. The Planning Board shall act to recommend approval,
conditional approval or denial of the preliminary plat application. The Board shall then provide advice
and comments to the Bozeman City Commission for its consideration at its Monday, June 21, 2010
public hearing. Planning Board Resolution #P-10005 and the minutes of the Planning Board’s June 1,
2010 meeting will be forwarded to the City Commission and made a part of the Commission’s record.
The City of Bozeman Department of Planning and Community Development, Development
Review Committee (DRC) and other applicable review agencies have reviewed the Preliminary
Plat application and recommend conditional approval of the preliminary plat with the following
conditions:
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.
2. The new water and sewer services to proposed Lot 7A shall be installed or financially
guaranteed prior to final plat approval.
ZONING DESIGNATION & LAND USES
The subject property is zoned R-2 (Residential Two-Household, Medium Density District). The intent of
the district is to provide for one- and two-household residential development at urban densities within
the City in areas that present few or no development constraints, and for community facilities to serve
such development while respecting the residential quality and nature of the area.
The following land uses and zoning are adjacent to the subject property:
North: (Across the alley) Vacant lot - zoned R-1 (Residential Single-Household, Low Density District).
South: (Across Catkin Lane) Two-Unit Dwelling – zoned R-3 (Residential Medium Density District).
East: (Across Blackbird Drive) – Vacant lot and Single Family Dwelling - zoned R-1.
West: Single Family Dwelling – zoned R-1.
BACKGROUND
This lot was originally zoned, designed (sized) and platted to allow a duplex to be constructed as part of
the original Cattail Creek Subdivision back in 2002. This application still only allows 2 units to be
constructed on the property but simply permits each unit/lot to be independently owned (i.e. a 2 unit
townhouse will be constructed versus a 2 unit duplex). The subdivision infrastructure to serve
development on this property has already been completed. The only change necessitate will be the
installation of individual sewer and water leads to serve the unit on proposed Lot 7A.
In order to make sure that the newly configured townhouse lots would accommodate the applicant’s
future townhouse design, staff recommended that the applicant also submit the proposed townhouse
design as part of this application to determine that the structure(s) would comply with all necessary
zoning requirements (setbacks, lot coverage, etc.).The applicant did submit that preliminary design as
part of their application and staff review did find that the proposal could comply with all other zoning
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Amended Plat of Lot 7, Block 16, Cattail Creek Subdivision –
Minor Subdivision Preliminary Plat Staff Report - #P-10005
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requirements for construction. As this property was originally zoned and designed to allow 2 units, and
only 2 units would still be allowed under this subdivision, there is no requirement for additional
parkland dedication as part of this application.
ADOPTED GROWTH POLICY DESIGNATION
The Future Land Use Map of the Bozeman Community Plan designates the property to develop as
“Residential”. This category designates places where the primary activity is urban density dwellings.
Other uses which complement residences are also acceptable such as parks, low intensity home based
occupations, fire stations, churches, and schools. High density residential areas should be established in
close proximity to commercial centers to facilitate the provision of services and employment
opportunities to persons without requiring the use of an automobile. Implementation of this category by
residential zoning should provide for and coordinate intensive residential uses in proximity to
commercial centers. The residential designation indicates that it is expected that development will occur
within municipal boundaries, which may require annexation prior to development.
PRELIMINARY PLAT SUPPLEMENTS
A pre-application plan review was evaluated by the DRC and other applicable review bodies in March
of 2010. The applicant requested with the pre-application review waivers from certain submittal
materials required by Section 18.78.060 “Additional Subdivision Preliminary Plat Supplements” of the
BMC. After consideration of the applicant’s request and the existing developed/urban nature of the
property, the DRC granted the requested waivers finding that the information available for the site was
adequate and appropriate for this subdivision review.
STAFF FINDINGS/REVIEW CRITERIA
The basis for the City Commission’s decision to approve, conditionally approve or deny the subdivision
shall be whether the preliminary plat, Planning Board advise and recommendation, and additional
information, demonstrates that development of the subdivision complies with the Bozeman Municipal
Code, the City’s Growth Policy, the Montana Subdivision and Platting Act and other adopted State and
local ordinances. The Montana Subdivision and Platting Act established six primary review criteria,
which the governing body must also consider when evaluating subdivisions. Planning Staff, the DRC,
and other reviewing agencies have made comments in relation to those and other criteria as described
below, and have recommended conditions as outlined in this staff report.
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 and sewer and
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Amended Plat of Lot 7, Block 16, Cattail Creek Subdivision –
Minor Subdivision Preliminary Plat Staff Report - #P-10005
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water service lines were installed to serve the original lot. Proposed Lot 7B will utilize the
existing service lines and proposed Lot 7A will install new service lines off from Catkin Lane.
The Engineer Department has recommended a condition that the new water and sewer services
for proposed Lot 7A shall be installed or financially guaranteed prior to final plat approval.
Police/Fire: The property is well within the City’s Police and Fire emergency response area.
Streets. The subject property is bound by Catkin Lane to the south and Blackbird Drive to the
east which are fully improved local streets. The property also abuts an alley to the north from
which drive access will be taken for the new structure(s). No changes to the local streets are
proposed with this application.
Pathways: The existing improvements to adjacent streets include boulevard sidewalks and
pedestrian facilities.
Stormwater. A Stormwater Master Plan for street runoff was not required with the two-lot
preliminary plat application. Stormwater runoff facilities were evaluated to meet City design
standards with the previous subdivision review/construction and required the approval of the
City Engineering office. No significant site or grading changes are proposed as part of this
minor subdivision other than what may occur during townhouse construction.
Parks. As this property was originally reviewed and platted as an R-2 duplex lot (i.e. for 2
residential units to be constructed), this proposal does not require any additional parkland
dedication as no additional dwelling units are proposed or would be allowed under this proposal.
Utilities. As this is the subdivision of an existing urban parcel, electricity, gas, cable and phone
utilities currently exist in the adjacent streets or on the subject property.
4. Effects on the Natural Environment
This property is part of a larger subdivision (Cattail Creek) which has been developed for urban
uses and no changes are proposed that would impact the natural environment.
5. Effects on Wildlife and Wildlife Habitat
No known endangered species or critical game ranges have been identified on the subject
property. This property has already been developed for urban purposes in a location of the City
which 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.
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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 recommended condition #1, the final plat
must comply with state statute and the Bozeman Municipal Code.
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. 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.
5. 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.
D. Compliance with the required subdivision review process.
A subdivision pre-application was submitted on February 18, 2010. The pre-application was
reviewed by the DRC on March 4, 2010 and summary review comments were forwarded to the
applicant in preparation of the preliminary plat application.
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A preliminary plat application was submitted on April 14, 2010. The preliminary plat was
reviewed by the DRC on May 5 and 12, 2010. 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
16, 2010. The site was posted with a public notice on May 12, 2010. 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 12, 2010. No letters of public testimony
have been received at the Department of Planning & Community Development in regards to this
project.
On May 25, 2010 this minor subdivision staff report was drafted and forwarded with a
recommendation of conditional approval to the Planning Board for consideration at its June 1,
2010 public hearing. The City Commission is scheduled to make a final decision at their June
21, 2010 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 August 4, 2010.
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 other than the installation
of individual sewer and water leads to serve the western lot (proposed Lot 7A). No easements are
needed for these lines since they are individual service lines.
F. Provision of legal and physical access to each parcel.
Both proposed lots will have legal and physical access from the existing adjacent streets and
alley.
PUBLIC COMMENT
As of the writing of this staff report, the Planning Office has received no testimony from the general
public in response to the mailings, posting or newspaper notice regarding the two-lot minor subdivision.
Any public comments received after the date of this report will be distributed at the public hearings.
CONCLUSION/RECOMMENDATION
Based on staff's evaluation of the applicant’s proposal against the Bozeman Community Plan and
Bozeman Municipal Code, the Development Review Committee (DRC) has forwarded a
recommendation of conditional approval of the application for Minor Subdivision Preliminary Plat
review of the two-lot minor subdivision for the property commonly known as Lot 7, Block 16, Cattail
Creek Subdivision located on the northwest corner of Catkin Lane and Blackbird Drive which is legally
described as Lot 7, Block 16, Cattail Creek Subdivision Phases 2A & 2B, located in the NW¼ of
Section 35, T1S, R5E, P.M.M., City of Bozeman, Gallatin County, Montana The property is zoned R-2
(Residential Two-Household, Medium Density District). The recommended conditions of approval and
code provisions are listed on pages 3 and 6 of this staff report.
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Amended Plat of Lot 7, Block 16, Cattail Creek Subdivision –
Minor Subdivision Preliminary Plat Staff Report - #P-10005
8
AS AN APPLICATION FOR A SECOND OR SUBSEQUENT MINOR SUBDIVISION FROM A
TRACT OF RECORD, THE BOZEMAN PLANNING BOARD WILL FORWARD A
RECOMMENDATION TO THE BOZEMAN CITY COMMISSION WHO SHALL MAKE THE
FINAL DECISION ON THIS APPLICATION. THE DECISION OF THE CITY COMMISSION
MAY BE APPEALED BY AN AGGRIEVED PERSON AS SET FORTH IN SECTION 18.66 OF
THE BOZEMAN MUNICIPAL CODE.
Encl: Applicant’s preliminary plat submittal materials.
CC: Von Construction Inc., 260 Cayuse Trail, Bozeman, MT 59718
C & H Engineering, 1091 Stoneridge Drive, Bozeman, MT 59718
File No. P-10005
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sidewalk15'15'Catkin LaneBlackbird Rd.51'-0"Alley20'-0"cover patioLiving31up16'x7' garage door9' walls in garage16'x7' garage door1LivingupfencePlanterasphalt drivewayasphalt drivewaypower boxpower boxexisting sewerwa t e r l i n e
cover patioscale 1/8" = 1'gasphonepowergas phone power
existing gas stub4'-0"cover patio123'-9 1/2"100'-10"10'-9"Radius 120' arc length 40.47'R a d i us 810 ' a rc l en g t h 9 4.43 '2'-6"cover patio212
FRONT ELEVATIONS 1/4" = 1'REAR ELEVATIONS 1/4" = 1'Laundry18'-1"1'-0"8'-1"25'-4"Breezeway4:126:126:127" Hardi Plank siding2.67X 7/8" Cold Rolled Corrugated7'-0"213
LEFT SIDE ELEVATIONS 1/4" = 1'RIGHT SIDE ELEVATIONS 1/4" = 1'2.67X 7/8" Cold Rolled Corrugated30 year Asphalt shingles7" Hardi Plank siding6:12Breezeway4:128'-1"13'-6"3'-1"214
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