HomeMy WebLinkAboutLoyal Garden amended plat of Phase 1A Findings of Fact and Order approval
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Tom Rogers, Associate Planner Wendy Thomas, Director of Community Development
SUBJECT: Amended Plat of Loyal Garden Phase 1A Major Subdivision
Preliminary Plat P13022 Findings of Fact and Order MEETING DATE: November 4, 2013
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the
Amended Plat of Phase 1A Loyal Garden Major Subdivision Preliminary Plat Application. BACKGROUND: On October 7, 2013, the City Commission held a public hearing on an
application for preliminary plat approval for the Amended Plat of Phase 1A Loyal Garden Major
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. To proceed with
submitting a final plat application for the initial phase(s) of the subdivision, the applicant must have a dated and signed Findings of Fact and Order.
UNRESOLVED ISSUES: Staff is unaware of any unresolved issues.
ALTERNATIVES:
1) Approval of the Findings of Fact and Order as drafted.
2) Approval of the Findings of Fact and Order 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 at the time of issuance of building permits for individual lots along with City sewer and water connection fees.
Attachment: Findings of Fact and Order
Report compiled on: October 25, 2013
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The Amended Plat of Loyal Garden Major Subdivision – Findings of Fact and Order 1
Return To:
City of Bozeman
Department of Community Development P.O. Box 1230 Bozeman, MT 59771-1230
BEFORE THE BOZEMAN CITY COMMISSION
IN THE MATTER OF THE APPLICATION OF COVENANT INVESTMENT, INC FOR PRELIMINARY
PLAT REVIEW OF THE AMENDED PLAT OF PHASE
1A OF LOYAL GARDEN MAJOR SUBDIVISION, CITY
OF BOZEMAN, GALLATIN COUNTY, MONTANA
FINDING OF FACT
AND ORDER
PURSUANT to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-
3-625, Montana Codes Annotated, City of Bozeman Growth Policy, and the Bozeman Unified
Development Code, public hearings were scheduled, after notice given, before the Bozeman
Planning Board on September 7, 2013, and before the Bozeman City Commission on October 7,
2013, on the above-entitled application. The applicant presented to the City Commission a
proposed preliminary plat to subdivide (replat) two (2) existing lots, containing approximately
1.17-acres, described as the Amended Plat of Lots 3 & 4, Block 3, Loyal Garden Subdivision,
Phase 1A, located in the Northeast One-Quarter (NE ¼) of Section 16, Township Two South
(T2S), Range Five East (R5E), P.M.M. Gallatin County. The project is generally located on the
south side of Golden Gate Avenue.
The purpose of the public hearings was to consider all relevant evidence relating to public
health, safety, and welfare, including the required supplemental information and
recommendation of the Planning Board, 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:
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The Amended Plat of Loyal Garden Major Subdivision – Findings of Fact and Order 2
FINDINGS OF FACT
I.
The complete application for the preliminary plat review of the Amended Plat of Phase
1A Loyal Garden Major Subdivision was submitted to the City of Bozeman Department of
Community Development on July 8, 2013 and deemed acceptable for initial review on July 22,
2013. The preliminary subdivision plat, as proposed, will further subdivide (replat) two existing
lots consisting of 1.17-acres and create a major subdivision containing six (6) lots for single-
household residential construction. The subject property is legally described as the Amended
Plat of Lots 3 & 4, Block 3, Loyal Garden Subdivision, Phase 1A, located in the Northeast One-
Quarter (NE ¼) of Section 16, Township Two South (T2S), Range Five East (R5E), P.M.M.
Gallatin County. The project is generally located on the south side of Golden Gate Avenue.
II.
A notice of public hearings before the City of Bozeman Planning Board and the Bozeman
City Commission was published in the Bozeman Daily Chronicle on September 1, 2013. 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 29, 2013. No public
comment was received prior to the public hearings.
III.
The City of Bozeman Planning Board heard the matter of preliminary plat review of the
Amended Plat of Phase 1A Loyal Garden Major Subdivision on September 17, 2013. The
Planning Board found that the application was properly submitted and reviewed under the
procedures of the City of Bozeman Unified Development Code, Chapter 38, Bozeman Municipal
Code.
The Department of Community Development Staff reviewed the project and the evidence
which justified the imposition of conditions, recommendations of the Development Review
Committee and local review agencies and the design of the major subdivision, zoning, existing
infrastructure, physical features, and provisions for parkland.
The Department of Community Development Staff reported that no public comment had
been received prior to the hearing in response to the noticing on the matter of this preliminary
plat application.
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The Amended Plat of Loyal Garden Major Subdivision – Findings of Fact and Order 3
Matt Hausauer with C&H Engineering and Surveying, Inc., representing Covenant
Investment, Inc, discussed the design of the subdivision and provision of services.
IV.
The Planning Board then opened the public hearing portion for public comment on the
matter of the preliminary plat application. One member of the general public, an adjacent
property owner, stated his support for the proposed subdivision as it would improve the character
of the area.
V.
After reviewing the staff recommendation, hearing the applicant’s presentation, public
testimony on the matter, and finding that the Preliminary Plat was properly submitted and
reviewed under the procedures of the City of Bozeman Unified Development Code and the
adopted growth policy; the Planning Board reviewed and considered the facts against the criteria
related in Title 76-3-608, MCA, 2011.
The Planning Board considered the staff report and recommended conditions prepared by
the Community Development Department, Development Review Committee, and local review
agencies and therefore voted 6-0 to forward a recommendation of conditional approval to the
Bozeman City Commission as set forth in Planning Resolution No. P-13022.
VI.
The matter of the preliminary plat application for the Amended Plat of Phase 1A Loyal
Garden Major Subdivision was considered by the City Commission at a public hearing on
October 7, 2013 at which time the Department of Community Development Staff reviewed the
project and forwarded the Planning Board's recommendation of conditional approval in Planning
Resolution No. P-13022.
Mark Chandler with C&H Engineering and Surveying, representing Covenant
Investment, Inc., discussed the design of the subdivision and indicated the applicant’s agreement
with the recommended conditions of approval.
VII.
The public hearing portion was then opened to hear public testimony on the matter of the
preliminary plat application. One member of the general public, an adjacent property owner,
expressed his support for the subdivision. Seeing no further public testimony, the City
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The Amended Plat of Loyal Garden Major Subdivision – Findings of Fact and Order 4
Commission then closed the public comment portion on the matter of the preliminary plat
application.
VIII.
The City Commission then considered the minutes of the Planning Board hearing,
Resolution of the Planning Board, Department of Community Development staff report, public
record, the applicant’s testimony, and weighed the proposed subdivision against the primary
criteria for consideration of subdivisions established in 76-3-608, MCA and found as follows:
A. Primary Review Criteria
1. Effects on Agriculture
The subject property is designated as a residential area according to the City of Bozeman Community Plan. The area is zoned for residential development, has previously undergone subdivision review, and approval and has begun to be developed. Therefore, this subsequent
subdivision will not have adverse effects on agriculture.
2. Effects on Agricultural Water User Facilities
There are no agricultural water user facilities on this property. Any impacts caused by development in the area have been addressed with the previous subdivision and all necessary easements are in place. Therefore, the proposed subdivision will have minimal impacts on
agricultural water user facilities.
3. Effects on Local Services
Water/Sewer – Municipal water and sewer mains exist in the adjacent street right-of-ways. Each lot will connect to the existing water and sewer mains designed to the appropriate design standard shall be located in the standard location as approved by the water/sewer superintendent.
The proposed density is slightly less than was previously approved for the site therefore, little if
any additional impacts on local services will be caused by this subdivision.
Streets – The Development Review Committee has determined that the adjacent streets have capacity to accommodate this development. Following new water and service line installations to accommodate the new lots/development, the adjacent streets will be required to be repaired to
City standards. All street improvements will be constructed to acceptable City standards with
curb, gutter, pavement, boulevard sidewalks and storm water facilities.
Police/Fire – The property is located within the City’s Police and Fire emergency response area. The subdivider must obtain addresses for the new lots from the City Engineer’s Office prior to filing the final plat to facilitate emergency response to the site.
Stormwater - The standard requirement for a detailed review of the final grading and drainage
plan, and approval by the City Engineer, will be required as part of the infrastructure plan and
specification review process as part of the site plan for this development.
Parklands - The Development Review Committee waived the Parks & Recreation Facilities supplement based on the parkland dedicated with the parent subdivision. No additional density
is being proposed with this subdivision. The Parks Master Plan approved for the parent
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The Amended Plat of Loyal Garden Major Subdivision – Findings of Fact and Order 5
subdivision provided 10.5-acres of dedicated parkland located along the Farmer’s Canal and
along Cottonwood Road. A formal playground and park is located on the southwest corner of
the subdivision while the eastern park is designed as a more natural area with the ponds,
wetlands, ditch, existing mature vegetation, benches, and trails.
4. Effects on the Natural Environment
No significant physical or topographical features have been identified, (e.g., outcroppings,
geological formations, steep slopes), on the subject property. Provisions will be made to address
the control of noxious weeds and maintenance of the property and will be further addressed with
the protective covenants and compliance with the conditions of approval.
5. Effects on Wildlife and Wildlife Habitat
The further subdivision of the existing lots will have minimal impacts on wildlife and wildlife
habitat. There are no known wildlife species on this property. The impacts to the more
important habitat areas were addressed and mitigated during the review of the Loyal Garden
subdivision and are preserved as open space and parklands. Finally, the project is in a developing area identified for development.
6. Effects on Public Health and Safety
The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect the
public health, safety and general welfare. The subdivision has been reviewed by the DRC which
has determined that it is in general compliance with the title. Any other conditions deemed necessary to ensure compliance have been noted throughout this staff report. In addition, all subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, M.C.A. and as a
result, the Department of Community Development has reviewed this application against the
listed criteria and further provides the following summary for submittal materials and
requirements.
B. Compliance with survey requirements provided in Part 4 of the Montana Subdivision and Platting Act
The property in question has been surveyed and platted in conformance with the Montana
Subdivision and Platting Act and prepared as a preliminary plat in accordance with the State
statute and the Bozeman Municipal Code. Prior to filing of any plat(s) for this subdivision, said plat(s) must comply with the survey requirements in Part 4 of the Montana Subdivision and Platting Act and will be filed in the Gallatin County Clerk & Recorder's Office upon review and
approval by City staff.
C. Compliance with the local subdivision regulations provided for in Part 5 of the
Montana Subdivision and Platting Act
The final plat shall comply with the standards identified and referenced in the Unified Development Code (UDC). The applicant is advised that unmet code provisions, or code
provisions that are not specifically listed as a condition 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.
The following requirements are standards of the UDC and shall be addressed with the final plat
application:
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The Amended Plat of Loyal Garden Major Subdivision – Findings of Fact and Order 6
1. Pursuant to Section 38.03.040.A.5(f), BMC, conditional approval of the preliminary plat
shall be in force for not more than two years for single-phased major subdivisions. 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 38.03.060.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 Department of
Community Development and shall contain, but not be limited to, the provisions required in Section 38.38.020, BMC.
7. Pursuant to Section 38.39.010, 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 local subdivision review procedures provided in Part 6 of the Montana Subdivision and Platting Act
A subdivision pre-application was submitted on May 22, 2013. The pre-application was
reviewed by the DRC on June 12, 2013 and summary review comments were forwarded to the
applicant in preparation of the preliminary plat application and granted numerous supplemental
information waivers under 38.41.060, BMC.
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The Amended Plat of Loyal Garden Major Subdivision – Findings of Fact and Order 7
A preliminary plat application was submitted on July 8, 2013 and deemed acceptable for initial
review on July 22, 2013. The preliminary plat was reviewed by the DRC on July 31, August 7
and 14, 2013. On August 14, 2013 the DRC and Staff determined the submittal contained
detailed, supporting information that is sufficient to allow for the review of the proposed subdivision.
Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday,
September 1, 2013. The site was posted with a public notice on August 29, 2013. Public notice
was sent to physically 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 29, 2013. No comment has been received on this matter at the time of production of this report.
On September 12, 2013 this major subdivision staff report was drafted and forwarded with a
recommendation of conditional approval by the Planning Director for consideration by the
Planning Board which, as noted above, on September 17, 2013 recommended the City
Commission approve the application. The City Commission held a public hearing to make a final decision on October 7, 2013. The final decision for a Major Subdivision Preliminary Plat
must be made within 60 working days of the date it was deemed adequate or in this case by
November 6, 2013.
E. Provision for easements for the location and installation of any planned utilities
All utilities and necessary utility easements will be provided and depicted accordingly on the final plat.
F. Provisions of legal and physical access to each parcel
All of the proposed lots have frontage to Golden Gate Avenue with lot frontage meeting
minimum standard shown on the preliminary plat. Pursuant to Section 38.24.090.A, BMC, plats shall contain a statement requiring lot accesses to be built to the standard contained in this
section, the city design standards and specifications policy, and the city modifications to state
public works standard specifications.
IX.
After considering all matters of record presented at the public hearing, the City
Commission found that preliminary plat for the Amended Plat of Phase 1A Loyal Garden Major
Subdivision would comply with the primary review criteria, City of Bozeman Growth Policy,
requirements of the Bozeman Unified Development Code and the Montana Subdivision and
Platting Act if certain conditions were imposed. The evidence, as stated or referenced in this
Findings of Fact, justifies the imposition of the conditions ordered herein to ensure that the final
plat complies with all applicable regulations and all required criteria.
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The Amended Plat of Loyal Garden Major Subdivision – Findings of Fact and Order 8
ORDER
THEREFORE, IT IS HEREBY ORDERED, on a vote of 4-0, that the Preliminary
Subdivision Plat of the Amended Plat of Phase 1A Loyal Garden Major Subdivision be
approved, subject to the following conditions:
1. The final plat shall conform to all requirements of the Bozeman Municipal Code (BMC)
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 certificates.
The final plat application shall include three (3) 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 BMC 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 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. The Restricted Size Lots (RSL) notation on Lot 3, Block3, Loyal Garden Phase 1A shall
terminate upon final plat approval of the Amended Plat of Lots 3 & 4, Block 3, Loyal
Garden Subdivision, Phase 1A.
4. The final plat shall provide all necessary utility easements and shall be described, dimensioned and shown on the final plat in their true and correct location. Any rear or side
yard utility easements not provided will require written confirmation from ALL utility
companies providing service indicating that rear or side yard easements are not needed.
5. All water and sewer service lines shall be located in the standard location as approved by
the water/sewer superintendent.
6. Street cut permits shall be obtained for all work performed for the water and sewer service
line taps.
7. Golden Gate Avenue shall be returned to an acceptable condition once the water and sewer
service line taps have been completed.
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The Amended Plat of Loyal Garden Major Subdivision – Findings of Fact and Order 9
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, MCA. The preliminary approval
of this subdivision shall be effective for three (3) years from the date of the signed Findings of
Fact and Order approval. At the end of this period the City may, at the request of the subdivider,
grant individual extensions to its approval by the Community Development Director for a period
of not more than two years, or for more than two years by the City Commission.
DATED this day of , 2013.
BOZEMAN CITY COMMISSION
SEAN BECKER, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ STACY ULMEN, City Clerk GREG SULLIVAN, City Attorney
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