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HomeMy WebLinkAbout13- Covenant Investment, Inc Loyal Garden Preliminarty Plat of Amended Plat of Phase 1A of Loyal Garden Major Subdivision Findings of Fact City of Bozeman-City Clerk P-0. Rox 1230 2467912 Page- I of 9 11/12/2013 04:58:09 PM Fee: $63.00 Bozeman, MT 59771-1230 Charlotte Mills - Gallatin Cownty, MT 111111111111111111111111111111111111 N1 11111111111111111111111111111111111111111 "', BEFORE THE BOZEMAN CITY COMMISSION IN THE MATTER OF THE APPLICATION OF COVENANT INVESTMENT, INC FOR PRELIMINARY FINDING OF FACT PLAT 1?,EVIEW OF THE AMENDED PLAT OF PHASE AND ORDER 1A OF LOYAL GARDEN MAJOR SUBDIVISION, 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, 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 IA, located in the Northeast One-Quarter (NE '/4) 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: The Aiiieiided Plat of Loyal Gardeti Major Subdivisioi)—Findings of Fact aiid Order FINDINGS OF FACT 1. The complete application for the preliminary plat review of the Amended Plat of Phase IA 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 '/4) 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. 11. 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. Ill. The City of Bozeman Planning Board heard the matter of preliminary plat review of the Amended Plat of Phase IA 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. 'I"be Ainended Plat of Loyal Garden Major Subdivision—Findings of Fact and Order 2 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 IA 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 'I'lic Aniended Plat of Loyal Garden Major Subdivision-- Findings of Fact and Order 3 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 casements 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 ,rlic Atnended Plat of Loyal Garden Major Subdivision—Findings of Fact and Order 4 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 comer 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: Tlie Amended Plat of Loyal Garden Major SLibdivision-Findings of Fact and Order I 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- Tlie Aniended Plat of Loyal Garden Mai for Subdivision—Findings of Fact and Order 6 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 casements 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, BC, 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 I A 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. The Amended Plat of I-oval Garden Major Subdivisim-Finditigs of Fact and Order 7 ORDER THEREFORE, IT IS HEREBY ORDERED, on a vote of 4-0, that the Preliminary Subdivision Plat of the Amended Plat of Phase IA Loyal Garden Major Subdivision be approved, subject to the following conditions: I 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 IA shall terminate upon final plat approval of the Amended Plat of Lots 3 & 4, Block 3, Loyal Garden Subdivision, Phase IA. 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. S. 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. The Amended Plat of Loyal Garden Major Subdivision— Findings of Fact aiid Order 8 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 4th day of November, 2013. ROZEMAN CITY COMMISSION 114s-EAN A. BECKER Mayor A u T T'y Ak 4S�TA4 4 ETA Y- My ,MC EN Oily ei 41X'' APPROVED AS TO FORM: bRl SULLIVAN City Attorney The An ended Plat of Loyal Garden Me�jor Subdivision—Findings of Fact and Order