HomeMy WebLinkAbout12- Huempfner preliminary plat for two-lot minor subdivision Findings of Fact and Order BEFORE THE BOZEMAN CITY COMMISSION
IN THE MATTER OF THE APPLICATION OF FINDINGS OF FACT
MICHAEL HUEMPFNER FOR PRELIMINARY PLAT AND ORDER
REVIEW OF A TWO-LOT MINOR SUBDIVISION OF
TRACT A OF CERTIFICATE OF SURVEY NO. 47511,
CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA
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, a public hearing was scheduled, after notice given, before the Bozeman City
Commission on January 23, 2012, on the above-entitled application. The applicant presented to the
City Commission a proposed preliminary plat for a Second or Subsequent Minor Subdivision From a
Tract of Record to subdivide 8.939 acres and create two industrial and commercial lots.
The purpose of the public hearing was to consider all relevant evidence relating to public
health, safety, and welfare, including the required environmental assessment and recommendation of
the Development Review Committee, to determine whether the plat should be approved, conditionally
approved, or disapproved.
It appeared to the City Commission that all parties and the public 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 City Commission makes the following Findings of Fact,
as required:
FINDINGS OF FACT
I.
The complete application for the preliminary subdivision plat review of a Second or
Subsequent Minor Subdivision From a Tract of Record for Tract A of Certificate of Survey No. 4758,
Huemphner MiSub of Tract A of COS No. 475B—Findings of Fact and Order I
a two-lot industrial and commercial subdivision, was submitted to the City of Bozeman Department of
Planning and Community Development by Madison Engineering, LLC, on November 30, 2011. The
subject property is legally described as Tract A of Certificate of Survey No. 475B, located in the SE114
of Section 8 and SW 114 of Section 9, T2S, R6E, P.M.M., City of Bozeman, Gallatin County, Montana.
On December 7, 2011 the application was deemed acceptable for initial review by the
Department of Planning and Community Development. On December 21, 2011 the Development
Review Committee determined the required submittal material containing the detailed supporting
information was adequate to allow for the review process to continue.
II.
No variances to the Uniform Development Code have been requested with this preliminary plat
application and no specific variances have been identified during the review of the preliminary plat
application. Pursuant to Section 38.03.040.A.4, BMC the Planning Director reviewed the two-lot
minor subdivisions, provided findings in a staff report and make a written recommendation for
consideration by the City Commission.
The Planning Director found that the proposed preliminary plat would comply with the City's
adopted growth policy and the requirements of the Bozeman Municipal Code if certain conditions were
imposed, and therefore forwarded a recommendation of conditional approval for the preliminary plat to
the Bozeman City Commission as set forth in the Planning Director's findings and recommendation of
the City Commission staff report for Planning Application #P-11006.
III.
The matter of preliminary plat review of the two-lot minor subdivision was considered at a
public hearing before the City Commission on Monday, January 23, 2012.
Huemphner MiSub of Tract A of COS No. 475B—Findings of Fact and Order 2
The Planning Staff reviewed the project at that time and forwarded the Planning Director's
findings and recommendation of conditional approval of the preliminary plat as set forth in the City
Commission Staff Report, Planning Application#811006.
IV.
Chris Budeski of Madison Engineering, LLC, representing the applicant stated that they have
reviewed the recommended conditions of approval and finds all of the conditions of approval
acceptable.
The public hearing portion on this matter was then opened to hear public testimony on the
matter with no members of the general public offering comment on the matter of the preliminary plat
application.
V.
The City Commission then considered the Planning Office staff report, Planning Director's
findings and recommendation, public record, the developer's testimony, and weighed the proposed
subdivision against the primary criteria for consideration of subdivisions established in Title 76-3-608,
and found as follows:
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
No effects on agricultural water user facilities were identified.
3. Effects on Local Services
Water/Sewer: Municipal sanitary sewer and water mains currently exist in the adjacent US
Highway No. 20 right-of--way. Both structures are presently connected to the City's sanitary
sewer system. The Engineering Department has recommended a condition (Condition #8) that
prior to final plat approval the existing buildings shall connect to municipal water and provide
the necessary impact fees respective to service sizes.
Huemphner MiSub of Tract A of COS No. 475B—Findings of Fact and Order 3
Police/Fire: The property is well within the City's Police and Fire emergency response area.
Streets: The subject property is bound on the north by US Highway No. 20/Bast Frontage Road,
a designated major arterial road. No changes to the arterial road or alterations to the existing
egress/ingress access points are proposed with this application. The City Engineer's Office has
recommended a condition (Condition #10) that prior to final plat approval, documentation shall
be provided indicating Montana Department of Transportation (MDT) approval of the existing
accesses onto East Frontage Road,
Stormwater: The Engineering Department has not recommended a condition that a Stormwater
Master Plan for the subdivision is designed at this time finding that no development alterations
to the property are proposed with the preliminary plat application. The applicant is on notice
that with any future development of the proposed lots the existing stormwater facilities will be
evaluated to meet City design standards and may require future improvements prior to any City
Engineering office approval. No significant site or grading changes are proposed as part of this
minor subdivision,
Parklands: As a commercial subdivision, no dedicated park land or affordable housing
requirements apply to this proposal unless a residential component is anticipated with any the
future development on the proposed lots.
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 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.
G. Effects on Public Health and Safety
The intent of the regulatory standards as set forth in the Bozeman Municipal Code is to protect
the public health, safety and general welfare. The subdivision has been reviewed and, with the
required conditions and code provisions, has been determined to be in general compliance with
the title. Any conditions deemed necessary to ensure compliance with public health and safety
have been listed by the Development Review Committee and are noted accordingly as
conditions of approval in this staff report.
B. Compliance with the survey requirements provided for in Part 4 of the Montana
Subdivision and Platting Act.
Huemphner MiSub of Tract A of COS No.475B—Findings of Fact and Order 4
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 Code.
The following requirements are standards of the Bozeman Unified Development Code and shall
be addressed with the final plat submittal:
1. Pursuant to Section 38.03.040.A.5(f), 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 a mutually agreed upon time. More than one extension may be
requested for a particular subdivision. Each request shall be considered on its individual merits
as provided for in Section 38.03A40.A.5(g), BMC.
2. Pursuant to Section 38.03.040.A.1, 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 38.23.060.A, 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 38.27.090, 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 38.28.150 `Billboards and other off-premises advertising" states that off-
premise commercial advertising signs are not permitted within the City limits except as
permitted by state or federal law. As a result, the billboard sign situated at the southeast corner
of the site must be removed from the site of the preliminary plat application. The applicant has
indicated that it is not their intent to renew the existing lease for the billboard sign that expires
September 1, 2012 and is requesting they be given until October 1, 2012 to remove the sign
(see attached letter dated December 16, 2011).
6. Section 38.41.050.A.8 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.
7. When applicable, 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 38.38.020, BMC.
8. Pursuant to Section 38.39.01., 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,
Huemphner MiSub of Tract A of COS No. 475B—Findings of Fact and Order 5
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 September 28, 2011. The pre-application was
reviewed by the DRC on October 12, 19 and 26, 2011 and summary review comments were
forwarded to the applicant in preparation of the preliminary plat application.
A complete preliminary plat application was submitted on November 30, 2011. The
preliminary plat was reviewed by the DRC on December 14 and 21, 2011. On the final week
of DRC review, a favorable recommendation was forwarded for consideration by the Planning
Director and City Commission. Public notice for this application was placed in the Bozeman
Daily Chronicle on Sunday, January 1 and 8, 2011. The site was posted with a public notice on
December 30, 2011. 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 December 30, 2011. No letters of public testimony have been received at the Department of
Planning &Community Development in regards to this project,
On January 12, 2012 the minor subdivision staff report was drafted and forwarded with a
recommendation of conditional approval by the Planning Director for consideration by the City
Commission. The City Commission is scheduled to make a final decision at their January 23,
2012 public hearing. The final decision for a Second or Subsequent Minor Subdivision from a
Tract of Record Preliminary Plat must be made within 45 working days of the date it was
deemed complete or in this case by February 24, 2011.
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 separate water service lines to serve the two lots.
F. Provision of legal and physical access to each parcel.
Both proposed lots will have legal and physical access from the adjacent US Highway No.
20/East Frontage Road with a 30-foot wide access easement recorded across Lot 1 that provides
a shared access for Lot 2.
VI.
After considering all matters of record presented at the public hearings the City Commission
found that the proposed preliminary plat for a two-lot minor subdivision to divide 8.939 acres and
create two industrial and commercial lots would comply with the requirements of the Bozeman Unified
Development Code and the Montana Subdivision and Platting Act if certain conditions were imposed.
Huemphner MiSub of Tract A of COS No.475B—Findings of Fact and Order 6
VII.
The City Commission then considered approval of the preliminary plat application for a two-lot
minor subdivision with the recommended conditions of approval provided in City Commission Staff
Report, Planning Application#P-11006. The motion passed on a vote of 5-0.
ORDER
IT IS HEREBY ORDERED, on a vote of 5-0, that the Preliminary Subdivision Plat to
subdivide 8.939 acres and create two industrial and commercial lots has been found to meet the
primary criteria of the Montana Subdivision and Platting Act, and is therefore approved, subject to the
conditions listed below. The evidence as stated in the Findings of Fact, justifies the conditions
imposed on the subdivision to ensure that the final plat complies with all applicable regulations, and all
required criteria, that appropriate and safe vehicular and pedestrian circulation is provided, adequate
infrastructure and public services are provided, and adequate public access, utility easements, and
rights-of-way are provided.
Planning Department Recommended Conditions:
I. The Final Plat shall conform to all requirements of the Bozeman Municipal Code and the
Uniform Standards for Final Subdivision Plats and shall be accompanied by all required
documents, including certification from the City Engineer that as-built drawings for public
improvements were received, a platting certificate, and all required and corrected certificates.
The Final Plat application shall include four (4) signed reproducible copies on a 3 mil or heavier
stable base polyester film (or equivalent); two (2) digital copies; one (1) PD>~ copy; and five (5)
paper prints. 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 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 and noted code
provisions listed in the staff report have been satisfactorily addressed, and shall include a digital
copy (pdf) of the entire Final Plat submittal. This narrative shall in sufficient detail to direct the
reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. 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.
Huemphner MiSub of Tract A of COS No. 475B—Findings of Fact and Order 7
3. Prior to Final Plat approval the applicant shall execute an agreement with the City to guarantee
removal of the existing billboard sign prior to October 1, 2012.
4. 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.
5. The "As Built" exhibit provided with the preliminary plat application shall remain on file for
further reference. However, the final plat shall exclude all reference to existing structures,
impervious surfaces, and physical features.
6. Development of Lot 2 will require compliance with the regulatory standards of the Unified
Development Ordinance with any future development of the subject property is it relates to lot
coverage, setbacks,parking, etc.
7. Said request for waivers to the supplemental information under 18.78.060 is granted.
Engineering Department Recommended Conditions.
8. Prior to Final Plat approval, the existing buildings on the respective lots shall connect to
municipal water and provide water impact fees commensurate with the respect service sizes.
9. Existing well(s) on the property shall be disconnected for potable use, but may be used for site
irrigation.
10. A utility occupancy permit shall be obtained from the Montana Department of Transportation
(MDT) prior to beginning work necessary in State right-of-way to connect to the public water
main in East Frontage Road. The approved permit shall be provided prior to Final Plat approval.
11. Prior to Final Plat approval, documentation shall be provided indicating MDT approval of,the
existing accesses onto East Frontage Road.
12. All easements shall be adequately identified on the final plat with existing and proposed
easements labeled accordingly.
13. A stormwater easement shall be provided for storm water runoff leaving a lot and entering
another.
14. If the existing well will serve an irrigation system common to both lots an irrigation easement
shall be provided.
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 this document by the City Commission,
by following the procedures of Section 76-3-625, M.C.A.
Huemphner MiSub of Tract A of COS No.475B —Findings of Fact and Order 8
The preliminary approval of this subdivision shall be effective for one (1) year from the date of
Preliminary Plat approval, or January 23, 2013. At the end of this period the City Commission may, at
the written request of the subdivider, extend its approval as provided in the Bozeman Unified
Development Ordinance for not more than one (1) calendar year.
DATED this�,day of , 2012.
BOZEMAN CITY COMMISSION
SEAN A. BECKER, Mayor
ATTEST: $p Z � . APPROVED AS TO FORM:
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QSTJLL k ity Attorney n,'C# ,Cr
Huemphner MiSub of Tract A of COS No.475B—Findings of Fact and Order 9