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HomeMy WebLinkAboutApprove South University District Phase 1 Minor Subdivision Findings of Fact Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Brian Krueger, Development Review Manager Wendy Thomas, Director of Community Development SUBJECT: South University District Phase 1 Minor Subdivision Preliminary Plat Findings of Fact and Order, Application P13048 MEETING DATE: March 17, 2014 AGENDA ITEM TYPE: Consent RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the South University District Phase 1 Minor Subdivision Preliminary Plat, Application P13048. BACKGROUND: On February 3, 2014 the City Commission held a public meeting to review the application for preliminary plat approval for the South University District 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. 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 Subdivision Preliminary Plat Report compiled on: February 27, 2014 34 Page 1 of 7 Return To: City of Bozeman City Clerk’s Office P.O. Box 1230 Bozeman, MT 59771-1230 BEFORE THE BOZEMAN CITY COMMISSION IN THE MATTER OF THE APPLICATION OF RTR HOLDINGS, II AND FOUNTAIN RESIDENTIAL PARTNERS FOR PRELIMINARY PLAT REVIEW OF THE SOUTH UNIVERSITY DISTRICT PHASE 1 MINOR SUBDIVISION, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA FINDING OF FACT AND CONCLUSIONS OF LAW 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, a public meeting was scheduled, after notice given, before the Bozeman City Commission on February 3, 2014, on the above-entitled application. The applicant presented to the City Commission a proposed preliminary plat to subdivide one (1) existing tract containing 127-acres to create three (3) lots. The purpose of the public meeting was to consider all relevant evidence relating to public health, safety, and welfare, including the required supplemental information, 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 plat review of The South University District Phase 1 Minor Subdivision was submitted to the City of Bozeman Department of Community Development on December 20, 2013. The preliminary subdivision plat, as proposed, will 35 The South University District Phase 1 Minor Subdivision – Findings of Fact and Order Page 2 of 7 subdivide 127-acres and create a first minor subdivision containing one lot for development and two lots for further subdivision review. The subject property is legally described as a portion of Gallatin County, MT Tract B of COS 2661 except parcel 2 of Document 2311126 in the Southwest One-Quarter (SW ¼) of Section 13 and the Northwest One-Quarter (NW ¼) of Section 24, Township Two South (T2S), Range Five East (R5E), PMM, City of Bozeman, Gallatin County, Montana. The property is generally located on the south side of West Kagy Boulevard, between South 19th Avenue and South 11th Avenue and bound on the south by a future extension of Arnold Street Road. II. Public notice was sent to property owners of record within 200 feet of the subject property via first class mail, on January 9, 2014 as required for a first minor subdivision. III. 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 minor subdivision, zoning, existing infrastructure, and physical features. The Department of Community Development Staff reported that five public comments had been received prior to the meeting in response to the noticing on the matter of this preliminary plat application and were entered into the record. IV. The matter of the preliminary plat application for the South University District Phase 1 Minor Subdivision was considered by the City Commission at a public meeting on February 3, 2014 at which time the Department of Community Development Staff reviewed the project and a recommendation of approval forwarded to the Commission from the Development Review Committee. Robert Lee representing RTR Holdings, II and Fountain Residential Partners, discussed the purpose and design of the subdivision and indicated the applicant’s agreement with the recommended conditions of approval. Brent Little of Foundation Residential Partners discussed their company and their operation of student oriented housing projects. Cordell Poole of Stahly Engineering spoke in regards to the traffic study and trip generation analysis. V. 36 The South University District Phase 1 Minor Subdivision – Findings of Fact and Order Page 3 of 7 The public comment portion was then opened to hear public testimony on the matter of the preliminary plat application. Six members of the public commented on the project. Comment was for and against the proposed subdivision. Five comments in opposition focused on student behavior, separation of student oriented housing from campus, concentrated student populations, lack of connectivity to South 19th Avenue, potential cut through traffic, and overall traffic generation. One comment in support suggested alternatives to traffic flow for one ingress and egress. Seeing no further public testimony, the City Commission then closed the public comment portion on the matter of the preliminary plat application. VI. The City Commission then considered the Department of Community Development staff report, public record, staff’s responses to questions, 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 Primary subdivision review criteria are not required for first minors from a tract of record therefore, are not included in these findings per Section 76-3-608 Montana Code Annotated. B. Compliance with survey requirements provided 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 by a Professional Engineer registered in the State of Montana. As noted in recommended condition 1, the final plat must comply with State statute, the Administrative Rules of Montana, and the Bozeman Municipal Code. 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: 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 one calendar year. Prior to that expiration date, the applicant may submit a letter of request for the extension of the period to the Director of Community Development for consideration. The City may at the written request of the applicant, extend its approval for a mutually agreed upon time. More than one extension 37 The South University District Phase 1 Minor Subdivision – Findings of Fact and Order Page 4 of 7 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, BMC 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, BMC all easements, existing and proposed, shall be accurately depicted and addressed on the final plat and in the final plat application. 4. 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. 5. 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 November 13, 2013. The pre-application was reviewed by the Development Review Committee (DRC) on November 27, December 4 and 11, 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. A complete preliminary plat application was submitted on December 20, 2013 and deemed acceptable for initial review on December 30, 2013. The preliminary plat was reviewed by the DRC on January 8, 15, and 22, 2014. On January 22, 2014 the DRC Staff determined the submittal contained detailed, supporting information that is sufficient to allow for the review of the proposed subdivision. The DRC provided favorable recommendation was forwarded, for consideration, to the City Commission. Public notice was sent to property owners of record within 200 feet of the subject property via first class mail, on January 9, 2014. One comment letter was received by the Community Development Department on January 7, 2014. On January 24, 2014 this minor subdivision staff report with a recommendation of conditional approval was forwarded to the City Commission. The City Commission made a final decision at their February 3, 2014 public meeting. The final decision for a First Minor Subdivision from a Tract of Record Preliminary Plat must be made within 35 working days of the date it was deemed adequate for review or in this case by March 12, 2014. E. Provision for easements for the location and installation of any planned utilities 38 The South University District Phase 1 Minor Subdivision – Findings of Fact and Order Page 5 of 7 As noted under Staff Finding 2 above and required by Section 38.23.060.A, BMC all easements, existing and proposed, shall be accurately depicted and addressed on the final plat and in the final plat application. Therefore, 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 Proposed Lot 1 has frontage to State Street and Campus Boulevard with lot frontage meeting the minimum standard as shown on the preliminary plat. Lots 2 and 3 are restricted for further subdivision review. VII. After considering all matters of record presented at the public meeting, the City Commission found that preliminary plat for the South University District Phase 1 Minor Subdivision would comply with the 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. ORDER THEREFORE, IT IS HEREBY ORDERED, on a vote of 4-0, that the Preliminary Subdivision Plat of the South University District Phase 1 Subdivision be approved, subject to the findings presented in the Department of Community Development to justify the following conditions: 1. The plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey (COS) and Subdivision Plats (24.183.1104 ARM) 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 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 Gallatin County Clerk & Recorder’s office has elected to continue the existing medium requirements of 2 mylars with a 1½” binding margin on one side for both plats and COS’s. The Clerk and Recorder will file the new Conditions of Approval sheet as a separate document from the Plat. This accompanying sheet may either be on a same sized mylar sheet or a letter or legal paper document with up to 11x17 exhibits. 2. 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. 39 The South University District Phase 1 Minor Subdivision – Findings of Fact and Order Page 6 of 7 3. The subdivider shall provide a covenant on the property consistent with the language of Section 85-7-2212 Montana Code Annotated in regards to the agricultural water user facility. 4. No changes or modifications shall be made to the agricultural water user facilities as they cross the proposed development without the written consent of the Middle Creek Ditch Company and the persons legally entitled to the water under an appropriated water right or permit of an irrigation district or other private or public entity formed to provide for the use of the water right on the subdivision lots. 5. The subdivider shall provide the appropriate easements for the agricultural water user facilities in compliance with Section 76-3-504(1)(k) Montana Code Annotated that are in locations of appropriate topographic characteristics and sufficient width to allow the physical placement and unobstructed maintenance of open ditches or belowground pipelines for the delivery of water for irrigation to persons and lands legally entitled to the water under an appropriated water right or permit of an irrigation district or other private or public entity formed to provide for the use of the water right on the subdivision lots. 6. The subdivider shall acknowledge that they have no right, title or interest of any kind with respect to any Middle Creek water that is conveyed through the conveyance systems crossing their land unless allocated by ownership shares in the Middle Creek Ditch Company. 7. Lot 2 shall be platted as an undevelopable lot in accordance with Section 38.39.080.B.6 BMC, with the following language placed on each undevelopable lot of the final plat “Lot development subject to further subdivision review.” No public improvements shall be required for the undevelopable lot until it is subdivided as a lot and not subject to this restriction. This language shall be placed on the face of the plat or in a separate executed document to be recorded with the final plat: “NOTICE IS HEREBY GIVEN to all potential purchasers of Lot 2, of the South University District Subdivision, Phase 1, City of Bozeman, Gallatin County, Montana, that the final plat of the subdivision 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 38.39 of the Bozeman Municipal Code. As such, this Restriction is filed with the final plat that stipulates that any use of this lot is subject to further subdivision, and no development of this lot shall occur until all on and off site improvements are completed as required under the Bozeman Municipal Code. THRERFORE, BE ADVISED, that Building Permits will not be issued for Lot 2, of the South University District Subdivision, Phase 1, City of Bozeman, Gallatin County, Montana until all required on and off site improvements are completed and accepted by the City of Bozeman. No building structure requiring water or sewer facilities shall be utilized on this lot until this restriction is lifted. This restriction runs with the land and is revocable only by further subdivision or the written consent of the City of Bozeman.” 8. The applicant shall provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) for the 40 The South University District Phase 1 Minor Subdivision – Findings of Fact and Order Page 7 of 7 following: The construction of State Street including paving, curb/gutter, sidewalk, and storm drainage (unless currently filed with the property). The document filed shall specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. 9. The developer shall enter into an agreement with the City prior to final plat approval evidencing the following. The developer shall provide a traffic analysis within the first year of occupancy of the development that evaluates the volume of traffic utilizing Arianna Way. If the average daily weekday trips utilizing Arianna Way exceeds 800 trips during a two week analysis period, the developer will be required to construct State Street from their access to South 11th Street or provide other methods of relieving the cut through traffic. At any time beyond the first year of occupancy the City may conduct traffic counts independent of the developer to analyze that the 800 weekday trips threshold is not being exceeded. 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 one (1) year 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 mutually agreed upon period of time. DATED this 17th day of March, 2014. BOZEMAN CITY COMMISSION JEFFREY K. KRAUSS, Mayor ATTEST: APPROVED AS TO FORM: STACY ULMEN, City Clerk GREG SULLIVAN, City Attorney 41 42 6' SIDEWALKPROP. LINEPROP. LINE15' S.B.PROP. LINE15' S.B.15' S.B . PROP. LINE 10' B.L. PROP. LINE PROP. LINE 10' B.L. 5' S.B.5' S.B.PROP. LINE TRASHOVERFLOW PARKING26' FIRELANE 26' FIRELANE 26' FIRELANE 105 SPACESVOLLEYBALL8' PEDESTRIAN PATHCOMMERCIALSHELLOUTDOORAMENITY(HARDSCAPE)BIKE (18)BOCCE BALL7 PARALLEL13 PARALLELINTERSECTION SIGHT TRIANGLESINTERSECTION SIGHT TRIANGLESINTERSECTION SIGHT TRIANGLES BLDG 712 UNITS /48 BDRMS.BUILDING 512 UNITS /48 BDRMS.BUILDING 333 UNITS /105 BDRMS.BUILDING 1 9 UNITS /41 BDRMS. BUILDING 2 16 UNITS /56 BDRMS.BUILDING 433 UNITS /105 BDRMS.MAINT.GARAGE10' PEDESTRIAN PATHWAY10' PEDESTRIAN PATHWAYLEASINGOFFICECLUBHOUSE8 PARALLEL 8' PEDESTRIAN PATH85 SPACES85 SPACES105 SPACESPROP. LINE15' S.B.TRASHTRASHTRASHTRASH26' FIRELANE 26' FIRELANE26' FIRELANE 10' PEDESTRIAN PATH 27 SPACES 6 SPACES 28 SPACES 33 SPACES 33 SPACES BLDG 812 UNITS /48 BDRMS.BUILDING 612 UNITS /48 BDRMS.10' B.L.10' B.L. BIKE (18) BIKE (18)BIKE (18)6' SIDEWALK 6' SIDEWALK 6' SIDEWALK6' SIDEWALK6' SIDEWALK26' FIRELANE26' FIRELANE 6' SIDEWALK 6' SIDEWALK 26' FIRELANE TRAIL6' ASPHALT PATHWAY10' ASPHALT PATHWAYSTATE ST.11TH AVE.PHASE 1 LOT9.82 ac.CAMPUS BLVD.(STUCKY ROAD)STADIUM CENTER SUBDIVISIONFUTURE PHASE LOTSNOW STORAGESNOW STORAGE SNOW STORAGE SNOW STORAGE COVEREDBIKE (12) COVERED BIKE (12)COVEREDBIKE (12) COVERED BIKE (12)COVEREDBIKE (12)STORMWATER DETENTIONSTORMWATERDETENTIONPHASE 1PARK14TH AVE. MSU PATHWAY MSU IRRIGATION POND MSU PATHWAYFUTURE PHASE LOTMANDEVILLE CREEK 6' SIDEWALK6' SIDEWALK6' SIDEWALK 6' SIDEWALKCOMPACT SPACESCOMPACT SPACESCOMPACT SPACESCOMPACT SPACESCOLORED TEXTUREDCROSSWALK (TYP)COLORED TEXTUREDCROSSWALK (TYP)BENCH (TYP)IN FEETPRELIMINARY SUBDIVISION PLAT SOUTH UNIVERSITY DISTRICT PHASE 1 MINOR SUBDIVISIONLocated in the SW1/4 of S13 & the NW1/4 S24, T2S, R5E, P.M.M.,City of Bozeman, Gallatin County, MT.PRELIMINARYSUBDIVISION PLAT43 Conditions of Approval of SOUTH UNIVERSITY DISTRICT PHASE 1 MINOR SUBDIVISIONLocated in the SW1/4 of S13 & the NW1/4 S24, T2S, R5E, P.M.M.,City of Bozeman, Gallatin County, MT.CONDITIONS OFAPPROVAL S.U.D. Ph. 144