HomeMy WebLinkAboutSpring Creek Village Resort Findings of Fact and Order1
REPORT TO: Honorable Mayor and City Commission
FROM: Chris Saunders, Assistant Director Tim McHarg, Director, Planning and Community Development
SUBJECT: Spring Creek Village Resort Amended Lot 4 Minor Subdivision
Preliminary Plat Application #P-12002
MEETING DATE: May 21, 2012
AGENDA MEETING ITEM: Consent Item
RECOMMENDATION: That the City Commission approves the findings of fact for Minor Subdivision Preliminary Plat Application #P-12002 to memorialize their action of May 7, 2012.
RECOMMENDED MOTION FOR PRELIMINARY PLAT APPLICATION: “Having considered
all relevant matters the City Commission approves the findings of fact for Minor Subdivision
Preliminary Plat Application #P-12002 to memorialize their action of May 7, 2012.”
BACKGROUND: The property owner/applicant, Spring Creek Village, LLC, represented by C&H
Engineering has submitted a Minor Subdivision Preliminary Plat application to add a note to the face of
the plat for Lot 4 to add a requirement regarding the process for future development review.
The DRC provided a recommendation of conditional approval on April 4, 2012 with one condition. The
Planning Director reviewed the minor subdivision application, together with the supplementary plans
and information, and recommends to the conditional approval with the conditions and code requirements
listed in the staff report. Staff’s full analysis of the review criteria for this minor subdivision was
included in the attached staff report.
The City Commission approved the preliminary plat with two conditions and related code requirements
after conducting the necessary public hearing on the matter. This finding of fact is required to document
and finalize the action.
UNRESOLVED ISSUES: None
ALTERNATIVES:
1) Approval of the Findings of Fact. 2) As determined by the Commission.
Commission Memorandum
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FISCAL EFFECTS: None
Attachments: Draft findings of fact
Report compiled on May 9, 2012
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Spring Creek Village Resort, Lot 4 Amendment to Minor Subdivision 295 – Findings of Fact and Order
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BEFORE THE BOZEMAN CITY COMMISSION
IN THE MATTER OF THE APPLICATION OF FINDINGS OF FACT SPRING CREEK RESORT LLC FOR PRELIMINARY PLAT AND ORDER REVIEW OF AN AMENDMENT TO MINOR SUBDIVISION
NO. 295, Lot 4, 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 May 7, 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 19.9621 acres to add a note to the face of the plat of Lot 4, Minor Subdivision
295 and create no new 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.
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Spring Creek Village Resort, Lot 4 Amendment to Minor Subdivision 295 – Findings of Fact and Order
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The complete application for the preliminary subdivision plat review of a Second or
Subsequent Minor Subdivision From a Tract of Record for was submitted to the City of Bozeman
Department of Planning and Community Development by C&H Engineering, on March 19, 2012. The
subject property is legally described as Lot 4, Minor Subdivision 295, located in the Section 10, T2S,
R5E, P.M.M., City of Bozeman, Gallatin County, Montana.
On March 23, 2012 the application was deemed acceptable for initial review by the Department
of Planning and Community Development. On April 4, 2012 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 minor
subdivision, 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-12002.
III.
The matter of preliminary plat review of the amendment to Lot 4, minor subdivision 295 was
considered at a public hearing before the City Commission on Monday, May 7, 2012.
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Spring Creek Village Resort, Lot 4 Amendment to Minor Subdivision 295 – Findings of Fact and Order
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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 #P-12002.
IV.
Michael Delaney 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 developing 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 area underneath
adjacent streets. Capacity will be evaluated with site development. The present proposal adds no new demand for service.
Police/Fire: The property is well within the City’s Police and Fire emergency response area.
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Spring Creek Village Resort, Lot 4 Amendment to Minor Subdivision 295 – Findings of Fact and Order
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Streets: The subject property is bounded on the north by Fallon Street, on the east by Resort
Drive and on the south by Huffine Lane. Additional review for impacts to streets will occur
with site development.
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. Future development standards exist to address issue
should this circumstance arise.
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.
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. The note to be added to the face of the plat requires
future development to be reviewed through processes which will enable identification and
mitigation of harmful impacts.
B. Compliance with the survey requirements provided for in Part 4 of the Montana Subdivision and Platting Act.
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The preliminary plat has been prepared in accordance with the survey requirements of the
Montana Subdivision and Platting Act. 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 38.03.040.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. 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)
PDF 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.
D. Compliance with the required subdivision review process.
A subdivision pre-application was waived by the City as the property has previously been platted.
A complete preliminary plat application was submitted on March 19, 2012. The preliminary
plat was reviewed by the DRC on April 4, 2012. At the 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, April 1 and 15, 2012. The site was posted with a public notice on March 30, 2012.
Public notice was sent to adjacent property owners and to all other property owners of record
within 200 feet of the subject property via first class mail, on March 30, 2012. No letters of
public testimony have been received at the Department of Planning & Community
Development in regards to this project.
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Spring Creek Village Resort, Lot 4 Amendment to Minor Subdivision 295 – Findings of Fact and Order
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On April 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 final decision for a Second or Subsequent Minor Subdivision from a Tract of
Record Preliminary Plat had to be made within 45 working days of the date the application was deemed complete or in this case by June 6, 2012. The City Commission made a final decision
at their May 7, 2012 public hearing.
A final plat will be prepared, submitted, and reviewed subsequent to the approval of these
findings of fact.
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.
The lot has legal and physical access from the adjacent Resort Drive and Fallon Street.
VI.
After considering all matters of record presented at the public hearings the City Commission
found that the proposed preliminary plat for the amended minor subdivision to add a note to the face of
the plat and create no new lots would comply with the requirements of the Bozeman Unified
Development Code and the Montana Subdivision and Platting Act if certain conditions were imposed.
VII.
The City Commission then considered approval of the preliminary plat application for an
amendment to Lot 4, minor subdivision 295 with the recommended conditions of approval and code
provisions provided in City Commission Staff Report, Planning Application #P-12002 and with
wording as recommended by the City Attorney. The motion passed on a vote of 4-0.
ORDER
IT IS HEREBY ORDERED, on a vote of 4-0, that the Preliminary Subdivision Plat to
subdivide 19.9621 acres to add a note to the face of the plat and create no new lots has been found to
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Spring Creek Village Resort, Lot 4 Amendment to Minor Subdivision 295 – Findings of Fact and Order
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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, and adequate infrastructure and public services are provided.
1. All other terms, conditions, and requirements of Minor Subdivision 295, The Spring Creek Village Resort shall remain in full force and effect.
2. The following language shall be placed on the final plat:
LOT 4 RESTRICTION NOTE
NOTICE IS HEREBY GIVEN to all potential purchasers of the Amended Plat of Lot 4 of Minor Subdivision No. 295, City of Bozeman, Gallatin County, Montana, that the final plat of Minor
Subdivision No. 295, recorded at the XXXXXXX in the records of the Gallatin County,
Montana, Clerk and Recorder, was approved by the Bozeman City Commission without
completion of on and off-site improvements required under the Bozeman Municipal Code, as is allowed in Chapter 38 of the Bozeman Municipal Code, and also that development on Lot 4 was subject to certain restrictions as indicated on said final plat No. 295 at Note 1.
The owner of Lot 4 desires to ensure additional development restrictions are placed on Lot 4 to
protect the public health, safety, and general welfare and hereby agrees and consents to the following restrictions to be enforceable in law or equity by the City of Bozeman against it, its successors in interest and any subsequent purchaser:
Development of Lot 4 and the issuance of building permits for Lot 4 may occur only after
approval by the City of Bozeman of a Planned Unit Development or a Master Site Plan pursuant to Chapter 38 of the Bozeman Municipal Code and installation of and acceptance by the City of Bozeman of all on and off-site improvements as required by Minor Subdivision No. 295, this
final plat No. XXX, and an approved Planned Unit Development or Master Site Plan. All
development of Lot 4 must be in compliance with said Planned Unit Development or Master Site
Plan. The above restrictions shall run with the land and are revocable only upon recording of a
document signed by the City of Bozeman indicating compliance with the above restrictions or
waiving one or more of the above restrictions.
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.
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Spring Creek Village Resort, Lot 4 Amendment to Minor Subdivision 295 – Findings of Fact and Order
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The preliminary approval of this subdivision shall be effective for one (1) year from the date of
Preliminary Plat approval, or May 7, 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.
DATED this day of , 2012.
BOZEMAN CITY COMMISSION
SEAN A. BECKER, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________
Stacy Ulmen, City Clerk GREG SULLIVAN, City Attorney
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