HomeMy WebLinkAbout12- Cowdrey Intermountain Developers Preliminary Plat Review of a two-lot Minor Subdivision of Lot 2A of Minor Subdivision 358A Findings of Fact and Order BEFORE THE BOZEMAN CITY COMMISSION
IN THE MATTER OF THE APPLICATION OF FINDINGS OF FACT
INTERMOUNTAIN DEVELOPERS,INC.,FOR PRELIMINARY AND ORDER
PLAT REVIEW OF A TWO-LOT MINOR SUBDIVISION OF
LOT 2A OF MINOR SUBDIVISION 358A, 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 November 19, 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 5.006 acres and create two commercial lots for B-2 (Community Business
District) development.
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:
Cowdrey MiSub for Lot 2A of Minor Subdivision 358A—Findings of Fact and Order
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 Lot 2A of Minor Subdivision 358A a two-
lot commercial subdivision, was submitted to the City of Bozeman Department of Planning and
Community Development by Madison Engineering, LLC, on October 3, 2012. The subject property is
legally described as Lot 2A of Minor Subdivision 358A, located in the Southeast One-Quarter of
Section 26,T1S,R5E,P.M.M., City of Bozeman, Gallatin County, Montana.
On October 10, 2012 the application was deemed acceptable for initial review by the
Department of Planning and Community Development. On October 17, 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 two-lot
minor subdivision, provided findings in a staff report and made 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-12012.
Cowdrey MiSub for Lot 2A of Minor Subdivision 358A—Findings of Fact and Order 2
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,November 19, 2012.
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-12012.
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.
Cowdrey MiSub for Lot 2A of Minor Subdivision 358A—Findings of Fact and Order 3
3. Effects on Local Services
Water/Sewer: Municipal sanitary sewer and water mains currently exist in the adjacent Valley Center
Road right-of-way. The Engineering Department has recommended a condition#8 that construction of
water and sanitary services for the two parcels will deferred until the time of site development.
Police/Fire: The property is well within the City's Police and Fire emergency response area.
Streets: The subject property is bound on the south by Valley Center Road, a designated major arterial
road. No changes to the arterial road or alterations to the existing egress/ingress access point are
proposed with this application. The City Engineer's Office did not identify any impacts to the area's
street network that would need to be mitigated with subdivision of the subject property.
Sidewalks: The Parks, Recreation, Open Space and Trails Plan (PROST) calls for a proposed shared
use path along Valley Center Road. The City Engineer's Office is recommending a condition #7
where a pedestrian pathway shall be constructed, or financially guaranteed across the entire frontage of
East Valley Center Road and be contained within a pedestrian access easement prior to the final plat
approval. The pathway shall be constructed to the same standard that exists on the neighboring lot to
the south.
Stormwater: The Engineering Department did not require a Stormwater Master Plan as a condition of
preliminary plat approval finding that no development is proposed at this time 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 a subsequent subdivision of an existing urban tract of land private utilities (i.e.,
electricity, gas, cable and phone) currently exist in the adjacent street right-of-way or along the
perimeter of the parcel within existing utility easements.
4. Effects on the Natural Environment
This property is located in an area of the City which has been identified and developed for urban
commercial uses. The Planning Department has not identified any natural environment features that
would be impacted with this subdivision.
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
Cowdrey MiSub for Lot 2A of Minor Subdivision 358A—Findings of Fact and Order 4
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.
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 38.28.150 `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 comer 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
Cowdrey MiSub for Lot 2A of Minor Subdivision 358A—Findings of Fact and Order 5
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 September 12, 2012. The pre-application was
reviewed by the DRC on September 26 and October 3, 2012 and summary review comments were
forwarded to the applicant in preparation of the preliminary plat application.
A complete preliminary plat application was submitted on October 3, 2012. The preliminary plat was
reviewed by the DRC on October 17 and 24, 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, October 28
and November 4, 2012. The site was posted with a public notice on October 27, 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 October 27, 2012. No letters of public
testimony have been received at the Department of Planning & Community Development in regards to
this project.
On November 7, 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 November 19, 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 December 12, 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 other than the installation of
individual separate sanitary and 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, shared access with the adjacent lot to the north from
Valley Center Road. An existing 30-foot wide access easement as required by the Montana
Department of Transportation with the original minor subdivision is currently of record for the site.
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 5.006 acres and
create two 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.
Cowdrey MiSub for Lot 2A of Minor Subdivision 358A—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-12012. 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 5.006 acres and create two 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.
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 Iisted 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 and Certificate of Exclusion From Montana
Department of Environmental Quality review 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
Cowdrey MiSub for Lot 2A of Minor Subdivision 358A—Findings of Fact and Order 7
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. 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.
4. Because this is a commercial subdivision no dedicated park land or affordable housing
requirements apply to this proposal unless a residential component is anticipated with future
development of the two lots.
5. Water rights, or cash-in-lieu thereof, as calculated by the City Engineer's Office, is due prior to
submittinga final plat application for the minor subdivision, unless said water rights have already been
addressed with Minor Subdivision No. 358A.
6. Section 38.23.060.B, BMC "Private Utility Easements"—If a utility easement is greater than the
building setback required by the U.D.O. (sanitary sewer easement) a note to that effect shall be placed
on the final plat and/or final site plan. Utility easements must be clearly shown on the preliminary plan
and the preliminary plat application will need to provide written comment from all utility companies
that the development can be adequately served with said easements proposed.
7. A pedestrian pathway shall be constructed, or financially guaranteed along with an improvements
agreement, across the entire frontage of East Valley Center Drive and be contained within a pedestrian
access easement prior to the final plat approval. The pathway shall be constructed to the same standard
that exists on the neighboring lot to the south.
8. The applicant is notified that construction of water/sewer services for the new parcels will be
deferred until the time of site development.
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 November 27, 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.
Cowdrey MiSub for Lot 2A of Minor Subdivision 358A—Findings of Fact and Order 8
DATED this I Oth_day of December, 2012.
BOZEMAN CITY COMMISSION
SEAN A. BECKER
Mayor
ATTEST:,
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^' . •���° APPROVED AS TO FORM:
GR G ULLIVAN
City Attorney
Cowdrey MiSub for Lot 2A of Minor Subdivision 358A—Findings of Fact and Order 9