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HomeMy WebLinkAbout12- Spring Creek Resort LLC for Preliminary Plat Review of an amendment to minor Subdivision No. 295, Lot 4 Findings of Fact and Order 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. Spring Creek Village Resort, Lot 4 Amendment to Minor Subdivision 295—Findings of Fact and Order t 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. Spring Creek Village Resort,Lot 4 Amendment to Minor Subdivision 295 —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#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. Spring Creek Village Resort,Lot 4 Amendment to Minor Subdivision 295 --Findings of Fact and Order 3 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. Spring Creek Village Resort, Lot 4 Amendment to Minor Subdivision 295—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. 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. Spring Creek Village Resort, Lot 4 Amendment to Minor Subdivision 295—Findings of Fact and Order 5 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 casements 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. V1. 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. V11. 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 199621 acres to add a note to the face of the plat and create no new lots has been found to Spring Creek Village Resort, Lot 4 Amendment to Minor Subdivision 295 —;Findings of Fact and Order 6 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 Iaw 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 39 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 PIan. 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. Spring Creek Village Resort, Lot 4 Amendment to Minor Subdivision 295 —Findings of Fact and Order 7 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 Sk day of M Gt , 2012. BOZEMAN CITY COMMISSION SEAN A. BECKS , Mayor ATTEST: µ4,4Q —APPROVED AS TO FORM: Stay U e , C1 k&l *t ti " = 4G SULLIVAN, City Attorney 83 4�TIN Spring Creel:Village Resort, Lot 4 Amendment to Minor Subdivision 295—Findings of Fact and Order 8