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HomeMy WebLinkAboutFindings of Fact and Order for preliminary plat of 19th & College 2 lot minor subdivision.pdf Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Doug Riley, Associate Planner Tim McHarg, Planning Director Chris Kukulski, City Manager SUBJECT: 19th and College 2 Lot Minor Subdivision – Preliminary Plat Findings of Fact and Order (#P-10008) MEETING DATE: November 8, 2010 AGENDA ITEM TYPE: Consent RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the preliminary plat of the 19th and College 2 Lot Minor Subdivision. BACKGROUND: On October 4, 2010 the City Commission held a public hearing on an application for preliminary plat approval for the 19th and College 2 Lot 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: Additional sewer connection fees will be collected for the new service required to be constructed to proposed Lot 1. Additional fiscal effects will be generated/determined upon a future development proposal for proposed Lot 1. Attachment: Findings of Fact Report compiled on: October 26, 2010 8 19th and College 2 Lot Minor Subdivision - Findings of Fact and Order #P-10008 BEFORE THE BOZEMAN CITY COMMISSION GALLATIN COUNTY, MONTANA IN THE MATTER OF THE APPLICATION FOR PRELIMINARY APPROVAL OF THE 19th AND COLLEGE 2 LOT MINOR SUBDIVISION. FINDINGS OF FACT AND ORDER This matter came before the Bozeman City Commission on October 4, 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 1.1242 acres of land into two lots as submitted in its original form on July 30, 2010, #P-10008. 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 July 31, 2010, C & H Engineering and Surveying, Inc., on behalf of Mr. and Mrs. Rogers Neighborhood, LLC, submitted an application for approval to create a Minor Subdivision on 1.1242 acres. The subject property is legally described as Tract 1, COS Filed on Film 16, Page 1154, SW ¼, Sec. 12, T2S, R5E, City of Bozeman, Gallatin County, Montana. The property is annexed and is zoned of R-O (Residential Office District). 9 19th and College 2 Lot Minor Subdivision - Findings of Fact and Order #P-10008 -2- 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 August 22, 2010, posting the subject property on August 20, 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 August 20, 2010. The City of Bozeman Planning Board held a public hearing on September 21, 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, and with two additional conditions, 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 two additional conditions, and passed on a vote of 5-0. 10 19th and College 2 Lot Minor Subdivision - Findings of Fact and Order #P-10008 -3- IV. The application was considered by the Bozeman City Commission at its regular meeting on October 4, 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 a 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 The Farmers Canal, located within the South 19th Avenue right-of-way, is the only agricultural facility conveying water near this subdivision. The canal was piped underground within the South 19th Avenue right-of-way with the recent road improvements project. The existing Farmers Canal pipeline will not be disturbed by the development of this property. 3. Effects on Local Services Water/Sewer: City water lines currently exist in the adjacent South 19th and West College Street right-of-ways. There is a sewer main in the South 19th Avenue right-of-way (but not in the College Street right-of-way). Sewer service to the proposed lots will be via the existing City sewer mains that serve the existing property (building) and other properties to the northwest. The Engineering Department recommended a condition (Condition #4) that the new sewer service for proposed Lot 1 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. 11 19th and College 2 Lot Minor Subdivision - Findings of Fact and Order #P-10008 -4- Streets: The subject property is bound by South 19th Avenue and West College Street. Both of these roadways, along this property’s frontage, were recently improved as part of the South 19th Avenue improvement project. No changes to the streets are proposed with this application. The accesses to these streets have already been established in the northwest and southeast corners of the property. Pathways: The recent improvements to adjacent streets include boulevard sidewalks and pedestrian facilities. Stormwater: The Engineering Department recommended a condition that a Stormwater Master Plan for the subdivision be designed (as noted in condition #5). Stormwater 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 future office construction. Parks: As a commercial subdivision, no dedicated park land or affordable housing requirements apply to this proposal unless a residential component is anticipated with the future development on proposed Lot 1. This aspect will be further evaluated upon an actual land use proposal for development on proposed Lot 1. 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. 12 19th and College 2 Lot Minor Subdivision - Findings of Fact and Order #P-10008 -5- 4. Effects on the Natural Environment This property is located in an area of the City which has been identified and 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 area of the City has been identified and 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. 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 13 19th and College 2 Lot Minor Subdivision - Findings of Fact and Order #P-10008 -6- 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. 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. A noxious weed management and revegetation plan, approved by the County Weed Control District, shall be submitted with the final plat. 6. The final covenants, conditions, restrictions and easements shall be submitted with the final plat application for review and approval by the Planning Department and shall contain, but not be limited to, the provisions required in section 18.72.030. 7. 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 14 19th and College 2 Lot Minor Subdivision - Findings of Fact and Order #P-10008 -7- 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 May 11, 2010. The pre-application was reviewed by the DRC on May 26, June 2 and 9, 2010 and summary review comments were forwarded to the applicant in preparation of the preliminary plat application. A complete preliminary plat application was submitted on July 30, 2010. The preliminary plat was reviewed by the DRC on August 11, 18 and September 1, 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, August 22, 2010. The site was posted with a public notice on August 20, 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 August 20, 2010. No letters of public testimony were received at the Department of Planning & Community Development in regards to the project. On September 2, 2010 a minor subdivision staff report was drafted and forwarded with a recommendation of conditional approval to the Planning Board for consideration at its September 21, 2010 public hearing. The Planning Board recommended conditional approval of the preliminary plat. The City Commission made final decision at their October 4, 2010 public hearing. The final 15 19th and College 2 Lot Minor Subdivision - Findings of Fact and Order #P-10008 -8- 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 October 26, 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 1). The sewer service lead to serve proposed Lot 1 will need to be located within a utility easement, as noted in condition #4, where is crosses proposed Lot 2. F. Provision of legal and physical access to each parcel. Both proposed lots will have legal and physical access from the existing adjacent streets. ORDER On October 4, 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 4-0 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 19th and College 2 Lot Minor Subdivision Preliminary Plat for the property owner, Mr. and Mrs. Rogers Neighborhood, LLC, be approved, subject to 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. 16 19th and College 2 Lot Minor Subdivision - Findings of Fact and Order #P-10008 -9- 2. 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. 3. 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. 4. A new sewer service shall be extended into Proposed Lot 1, or financially guaranteed, prior to final plat approval. The service shall be located within a utility easement for the benefit of proposed Lot 1 where it crosses proposed Lot 2. 5. A Stormwater Master Plan for the subdivision for a system designed to remove solids, silt, oils, grease and other pollutants from the runoff from the private and public streets and all lots must be provided to and approved by the City Engineer. The master plan must depict the maximum sized retention/detention basin location, show location of and provide easements for adequate drainage ways within the subdivision to transport runoff to the stormwater receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin site, drainage ways and finished lot grades), typical stormwater detention/retention basin and discharge structure details, basin sizing calculations and a stormwater maintenance plan. While the runoff from the individual lots will be dependent on the intensity of use on each lot, the maximum sizing of the storm retention facilities for each lot will be established based on maximum site development. Final facility sizing may be reviewed and reduced during design review of the FSP for each lot. 6. A copy of the Montana Department of Transportation approach permit for the access 17 19th and College 2 Lot Minor Subdivision - Findings of Fact and Order #P-10008 -10- easement intersecting with S. 19th Avenue shall be provided to the City of Bozeman with the final plat. 7. The easement for the extension of sewer service from Lot 2 to Lot 1 shall be shown on the final plat. 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. 5. 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. 18 19th and College 2 Lot Minor Subdivision - Findings of Fact and Order #P-10008 -11- A noxious weed management and revegetation plan, approved by the County Weed Control District, shall be submitted with the final plat. 6. The final covenants, conditions, restrictions and easements shall be submitted with the final plat application for review and approval by the Planning Department and shall contain, but not be limited to, the provisions required in section 18.72.030. 7. 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 19 19th and College 2 Lot Minor Subdivision - Findings of Fact and Order #P-10008 -12- ATTEST: APPROVED AS TO FORM: _____________________________ _________________________________ STACY ULMEN TIM COOPER City Clerk Assistant City Attorney 20