HomeMy WebLinkAboutLot 7A, Block 10 Meadow Creek Subdivision, Phase 1 Finding of Fact and Order
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Dave Skelton, Senior Planner
Tim McHarg, Planning Director
SUBJECT: Lot 7A, Block 10 Meadow Creek Subdivision, Phase 1
Minor Subdivision (#P-12009) - Findings of Fact and Order MEETING DATE: November 5, 2012
AGENDA ITEM TYPE: Consent Agenda
RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the
preliminary plat of the Lot 7A, Block 10, Meadow Creek Subdivision, Phase 1 Minor
Subdivision. BACKGROUND: On September 24, 2012 the City Commission held a public hearing on an
application for preliminary plat approval for the Lot 7A, Block 10 Meadow Creek Subdivision,
Phase 1 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: Fiscal impacts are undetermined at this time, but will include increased property tax revenues from new development, along with increased costs to deliver municipal
services to the property. Impact fees will be collected with issuance of building permits for
individual lots along with City sewer and water connection fees.
Attachment: Findings of Fact Subdivision Preliminary Plat
Report compiled on: October 23, 2012
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Lot 7A, Block 11 Meadow Creek Subdivision, Phase 1 – Findings of Fact and Order
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BEFORE THE BOZEMAN CITY COMMISSION
IN THE MATTER OF THE APPLICATION OF FINDINGS OF FACT BOZEMAN 1 LLC FOR PRELIMINARY PLAT AND ORDER REVIEW OF A FOUR LOT MINOR SUBDIVISION OF
LOT 7A, BLOCK 10 MEADOW CREEK SUBDIVISION, PHASE 1
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 September 24, 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 1.00 acres and create four residential 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 7A, Block 10 Meadow Creek Subdivision,
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Lot 7A, Block 11 Meadow Creek Subdivision, Phase 1 – Findings of Fact and Order
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Phase 1, a four residential subdivision, was submitted to the City of Bozeman Department of Planning
and Community Development by Morrison Maierle Inc, on July 27, 2012. The subject property is
legally described as Lot 7A, Block 10 Meadow Creek Subdivision, Phase 1, of the amended
subdivision plat, J-453-A situated in the SE1/4 SW1/4 of Section 23 T2S, R5E, P.M.M., City of
Bozeman, Gallatin County, Montana.
On August 8, 2012 the application was deemed acceptable for initial review by the Department
of Planning and Community Development. On August 29, 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 four-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-12009.
III.
The matter of preliminary plat review of the four-lot minor subdivision was considered at a
public hearing before the City Commission on Monday, September 24, 2012.
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Lot 7A, Block 11 Meadow Creek Subdivision, Phase 1 – 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-12009.
IV.
Trever McSpadden of Morrison Maierle, Inc., 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 being part of Meadow Creek
Subdivision, Phase 1 and has no agricultural components that would be impacted by the proposed minor 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 exist in the South 27th Avenue right-of-way.
Service lines for the four individual lots were installed in 2006 with the filing of the final plat to
service the individual lots.
Police/Fire: The property is located within the City’s Police and Fire emergency response area.
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Streets: Public streets in proximity to the subdivision currently exist as part of the subdivision’s street
network for the major subdivision. No alterations to the present street network or egress/ingress access
points are proposed with this application.
Stormwater: The four-lot minor subdivision was included in the Stormwater Master Plan reviewed and approved by the City Engineer’s Office for the original subdivision platted in 2006. No significant site or grading changes are proposed as part of this minor subdivision. 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.
Parklands: Dedicated public parkland required with this minor subdivision was met with the approved
park master plan and dedicated parkland filed with the final plat for Phase 1. The workforce housing
ordinance will not apply to this application while the City of Bozeman considers updates to the current
affordable housing plan for implementation with future development.
Utilities: All private utilities (electricity, gas, cable and phone utilities) currently exist in the adjacent streets or within utility easements on the subject property. NorthWestern Energy commented on June 8, 2012 that no changes to service the amended plat would be necessary if the realignment followed
the original lot line boundaries
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.
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 recommended condition #1, the final plat must comply with
State statute and the Bozeman Municipal Code.
C. Compliance with the Bozeman Unified Development Code.
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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. 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 38.41.050.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.
6. 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.
7. 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, 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 April 20, 2012. The pre-application was reviewed by
the DRC on May 2, 9 and 16, 2012 and summary review comments were forwarded to the applicant in
preparation of the preliminary plat application.
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A complete preliminary plat application was submitted on July 27, 2012. The preliminary plat was
reviewed by the DRC on August 22 and 29, 2012. 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, September 2, 2012. The site was posted with a public notice on August 31, 2012. 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 31, 2012. No letters of public testimony have been
received at the Department of Planning & Community Development in regards to this project.
On September 13, 2012 this 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 September 24, 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 October 11, 2012.
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. Installation of new individual
water or sanitary sewer service lines to serve the four lots has already been completed.
F. Provision of legal and physical access to each parcel.
The four residential lots will have legal and physical access from the 30-foot wide public alleyway along the west boundary of the amended plat. As South 27th Avenue is designated as a collector road
in the Bozeman Area Transportation Plan (2007 Update) a 1-foot wide “No Access” strip is established
for all residential lots fronting onto the collector road.
VI.
After considering all matters of record presented at the public hearings the City Commission
found that the proposed preliminary plat for a four-lot minor subdivision to 1.00 acres and create four
residential 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.
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The City Commission then considered approval of the preliminary plat application for a four-
lot minor subdivision with the recommended conditions of approval provided in City Commission
Staff Report, Planning Application #P-12009. 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 1.00 acres and create four residential 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.
1. 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.
a. The Certificate of Director of Public Service will need to be amended to identify the new Director of Public Service, Craig Woolard.
b. The Certificate of Completion of Improvements will still need to be included on the final
plat to verify completion of the said subdivision improvements.
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 have been satisfactorily addressed, and shall include a digital copy (pdf) of the entire Final Plat submittal. This narrative shall be in sufficient detail to direct the reviewer to the
appropriate plat, plan, sheet, note, covenant, etc. in the submittal.
3. Per Section 38.26.050.F “Street Median Island Landscaping” – The street median island for South 27th Avenue situated between Kurk Drive and Meah Lane shall be landscaped and
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irrigated according to the requirements determined through the plan review process and the
City of Bozeman Superintendent of Streets.
4. A notation shall be provided on the final plat to confirm the existing 1-foot wide “No Access” strip for all residential lots fronting onto the arterial road, South 27th Avenue.
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.
The preliminary approval of this subdivision shall be effective for one (1) year from the date of
Preliminary Plat approval, or September 24, 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: APPROVED AS TO FORM:
____________________________ Stacy Ulmen, City Clerk GREG SULLIVAN, City Attorney
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