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HomeMy WebLinkAboutFindings of Fact and Order for preliminary plat of the Amended Plat of Lot 7, Block 16, Cattail Creek Minor Subdivision.pdf Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Doug Riley, Associate Planner Chris Saunders, Interim Director of Planning and Community Development Chris Kukulski, City Manager SUBJECT: Amended Plat of Lot 7, Block 16, Cattail Creek – Minor Subdivision Findings of Fact and Order (#P-10005) MEETING DATE: July 19, 2010 AGENDA ITEM TYPE: Consent RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the preliminary plat of the Amended Plat of Lot 7, Block 16, Cattail Creek Minor Subdivision. BACKGROUND: On June 21, 2010 the City Commission held a public hearing on an application for preliminary plat approval for the Amended Plat of Lot 7, Block 16, Cattail Creek Minor Subdivision. The Commission approved the proposed subdivision, subject to conditions and code provisions 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. UNRESOLVED ISSUES: Staff is unaware of any unresolved issues. ALTERNATIVES: 1) Approval of the Findings of Fact as drafted. 2) Approval of the Findings of Fact with modifications. 3) 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. Attachment: Findings of Fact Report compiled on: July 12, 2010 45 Amended Plat of Lot 7, Block 16, Cattail Creek - Minor Subdivision Findings of Fact and Order #P-10005 BEFORE THE BOZEMAN CITY COMMISSION GALLATIN COUNTY, MONTANA IN THE MATTER OF THE APPLICATION FOR PRELIMINARY APPROVAL OF THE AMENDED PLAT OF LOT 7, BLOCK 16, CATTAIL CREEK - MINOR SUBDIVISION. FINDINGS OF FACT AND ORDER This matter came before the Bozeman City Commission on June 21, 2010 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 .2908 acres of land into two townhouse lots as submitted in its original form on April 14, 2010, #P-10005. 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 April 14, 2010, C & H Engineering, on behalf of Von Construction, Inc., submitted an application for approval to create a Minor Subdivision on .2908 acres. The subject property 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. The property is annexed and is zoned of R-2 (Residential Two-Household, Medium Density District). II. 46 Amended Plat of Lot 7, Block 16, Cattail Creek - Minor Subdivision Findings of Fact and Order #P-10005 -2- 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 May 16 and May 23, 2010, posting the subject property on May 12, 2010, 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 May 12, 2010. The City of Bozeman Planning Board held a public hearing on June 1, 2010. 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 indicated that they found the application to be in compliance with the adopted Growth Policy and the Unified Development Ordinance. The City of Bozeman Planning Board reviewed the application against the requirements of the Montana Subdivision and Platting Act and found that, with conditions and code provisions 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 and code provisions as detailed in the staff report, and passed on a vote of 6-0. IV. 47 Amended Plat of Lot 7, Block 16, Cattail Creek - Minor Subdivision Findings of Fact and Order #P-10005 -3- The application was considered by the Bozeman City Commission at its regular meeting on June 21, 2010, 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 and sewer and 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. 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 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. 48 Amended Plat of Lot 7, Block 16, Cattail Creek - Minor Subdivision Findings of Fact and Order #P-10005 -4- 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 The 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 49 Amended Plat of Lot 7, Block 16, Cattail Creek - Minor Subdivision Findings of Fact and Order #P-10005 -5- 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. 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. 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. 50 Amended Plat of Lot 7, Block 16, Cattail Creek - Minor Subdivision Findings of Fact and Order #P-10005 -6- 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. 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 the application was placed in the Bozeman Daily Chronicle on Sunday, May 16 and 23, 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 were received at the Department of Planning & Community Development in regards to the project. 51 Amended Plat of Lot 7, Block 16, Cattail Creek - Minor Subdivision Findings of Fact and Order #P-10005 -7- On May 25, 2010 a 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 Planning Board recommended conditional approval of the preliminary plat. The City Commission made 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. ORDER On June 21, 2010, 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 5-0 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 referenced in the Findings of Fact, justifies the imposition of the conditions and code provisions 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 Amended Plat of Lot 7, Block 16, Cattail Creek - Minor Subdivision for the property owner, Von Construction, Inc., be approved, subject to the following conditions and code provisions: 52 Amended Plat of Lot 7, Block 16, Cattail Creek - Minor Subdivision Findings of Fact and Order #P-10005 -8- 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. 53 Amended Plat of Lot 7, Block 16, Cattail Creek - Minor Subdivision Findings of Fact and Order #P-10005 -9- 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. 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 , 2010. BOZEMAN CITY COMMISSION ______________________________ JEFFREY K. KRAUSS, Mayor 54 Amended Plat of Lot 7, Block 16, Cattail Creek - Minor Subdivision Findings of Fact and Order #P-10005 -10- ATTEST: APPROVED AS TO FORM: _____________________________ _________________________________ STACY ULMEN TIM COOPER City Clerk Assistant City Attorney 55 56