HomeMy WebLinkAbout10- 19th and College 2 lot minor subdivision Findings of Fact and OrderI 9th and College 2 Lot Mnor Subdivision - Findings offact and Order
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BEFORE THE BOZEMAN CITY COMMISSION
GALLATIN COUNTY, MONTANA
IN THE MATTER OF THE APPLICATION FOR FINDINGS
PRELIMINARY APPROVAL OF THE 19"' AND OF FACT
COLLEGE 2 LOT MINOR SUBDIVISION. 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, 20 10, ##P- 1000$.
The Commission held a public heating 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
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 1 /4, Sec. 12, T2S, R5E, City of Bozeman, Gallatin County, Montana. The
property is annexed and is zoned of R-0 (Residential Office District).
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9th and College 2 Lot:Mnor d o. Findings of Fact i • Order
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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,
Ill.
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.
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19th and College 2 Lot Minor Subdivision - Findings of Fact and Order
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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.
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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 I 91h Avenue right-of'-way, is the
only agricultural facility conveying water near this subdivision. The canal was
piped underground within the South 19' Avenue right-of-vvay 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
NVater/Sewer: City water lines currently exist in the adjacent South 19 and West
College Street right-of-ways. There is a sewer main in the South 19 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 I 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,
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Streets: The subject property is bound by South 19 "' Avenue and West College
Street. Both of these roadways, along this property's fi ontage, were recently
improved as part of the 'South I 91 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.
Stoimwater: The Engineering Department recommended a condition that a
Stormwater Master Plan for the subdivision be designed (as noted in condition
#5). Stoimwater 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.
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19th and College 2 Lot Winor Subdivision - Findings of Fact and Order
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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.
S. 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
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19th and College 2 Lot Minor Subdivision findings of Fact and Order
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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 Coirunission'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 (S1Ds) 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 18.74.030.13 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
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I 9th and College 2 Lot Whor Subdivision - findings oif Fact and Order
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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 reconvnendation 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, 20L0. 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
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decision for a Second or Subsequent Minor Subdivision from a Tract of Record
Preliminary Plat must be inade 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 I 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,
On October 4, 2010, the City Comi opened the public hearing for the Preliminary
Plat to take public cornment and consider the plat as submitted. Following deliberation and vote,
as noted in the minutes fi 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 19" 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:
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.
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l9th and College 2 Lot Minor Subdivision - Findings of Fact and Order
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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.
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 I where it crosses proposed Lot 2,
A Storinwater 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 storil►water 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
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I gih and College 2 Lot Winor SubdiVision - Findings of Fact and Order
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easement intersecting with S. I 91 Avenue shall be provided to the City of Bozeman with
the final plat.
7. The easement for the extension of sewer service fs•om. Lot 2 to Lot I shall be shown on
the final plat.
Code Provisions
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 Con 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 ofrecord with the Gallatin County Clerk and Recorder.
5. Section 18.78.050.1-1 requires that any noxious weeds be identified and snapped by a
person with experience in weed management and knowledgeable in weed identification.
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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 of °fective 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 �'.t i.' , 2010.
BOZEMAN CITY COMMISSION
JEFF Y . RAUSS, Mayor
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»9t a College ot M S Findings of . and Orde
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ATTEST:
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City C k`
APPROVED AS TO FORM:
TIM COOPER
Assistant City Attorney
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