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HomeMy WebLinkAboutHacot Minor Subdivision Preliminary Plat Findings of Fact and Order_11 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Doug Riley, Senior Planner Wendy Thomas, Director of Community Development SUBJECT: Hacot Minor Subdivision Preliminary Plat Findings of Fact and Order, Application P14001 MEETING DATE: May 19, 2014 AGENDA ITEM TYPE: Consent RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the Hacot Minor Subdivision Preliminary Plat, Application P14001. BACKGROUND: On March 17, 2014 the City Commission held a public hearing to review the application for preliminary plat approval for the Hacot 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 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: No unusual fiscal effects have been identified. No presently budgeted funds will be changed by the preliminary plat application. Attachment: Findings of Fact and Order Subdivision Preliminary Plat Report compiled on: April 29, 2014 125 1 Return To: City of Bozeman Clerk’s Office P.O. Box 1230 Bozeman, MT 59771-1230 BEFORE THE BOZEMAN CITY COMMISSION IN THE MATTER OF THE APPLICATION OF FARMHOUSE PARTNERS FOR PRELIMINARY PLAT REVIEW OF THE HACOT 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 hearing was scheduled, after notice given, before the Bozeman City Commission on March 17, 2014 on the above-entitled application. The applicant presented to the City Commission a proposed preliminary plat to subdivide one (1) existing tract containing five (5) acres into two (2) lots. The purpose of the public hearing 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 Hacot Minor Subdivision was submitted to the City of Bozeman Department of Community Development on January 9, 2014. The preliminary subdivision plat, as proposed, will subdivide five (5) acres and, as a second or subsequent minor subdivision created from a tract of record, create two (2) lots. The subject property is legally described as Lot 4A-3 of Minor Subdivision No. 417, located in the 126 Hacot Minor Subdivision – Findings of Fact and Order 2 Northeast One-Quarter (NE ¼) of Section 17, Township Two South (T2S), Range Six East (R6E), PMM, City of Bozeman, Gallatin County, Montana. The property is generally located on the south side of the intersection of Haggerty Lane and Farmhouse Lane. II. Newspaper noticing, posting of a notice on site and the mailing of a public notice to property owners of record within 200 feet of the subject property via first class mail was completed on February 18, 2014 as required for a second or subsequent 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 no public comment had been received prior to the hearing in response to the noticing on the matter of this preliminary plat application. IV. The matter of the preliminary plat application for the Hacot Minor Subdivision was considered by the City Commission at a public hearing on March 17, 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. Chris Budeski of Madison Engineering, representing Farmhouse Partners, discussed the purpose and design of the subdivision and indicated the applicant’s agreement with the recommended conditions of approval. V. The public comment portion was then opened to hear public testimony on the matter of the preliminary plat application. There was no public comment. 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 127 Hacot Minor Subdivision – Findings of Fact and Order 3 proposed subdivision against the primary criteria for consideration of subdivisions established in 76-3-608, MCA and found as follows: 1) The effect on agriculture The site is located within a developing urban part of the City and has no agricultural components on-site that would be impacted by the proposed subdivision. 2) The effect on Agricultural water user facilities No effects on agricultural water user facilities have been identified. 3) The effect on Local services Water/Sewer – Municipal sanitary sewer and water mains have been previously constructed for this development within the Haggerty Lane, Farmhouse Lane and Little Cottage Lane right-of- way/easements as shown on the preliminary plat. Streets – The subject property is bound on the north by Haggerty Lane which is a designated minor arterial roadway. No changes to this arterial roadway or alterations to the existing egress/ingress access point are proposed with this application. Farmhouse Lane has been constructed to a local street standard and has been extended/stubbed to the southern property boundary to allow for its continuation in the future as development warrants. The City Engineering Department did not identify any impacts to the area’s street network that would need to be mitigated with subdivision of the subject property. Sidewalks have been previously constructed along the Haggerty Lane frontage along with sidewalks along Farmhouse Lane and Little Cottage Lane to serve the already constructed Haggerty Lane Cottages and Haggerty lane Apartments. Continued sidewalk development will occur as the property fully builds out. Police/Fire – The property is well within the City’s Police and Fire emergency response area. Stormwater - Stormwater management for the subdivision and existing development has been addressed as part of the previous site plan approvals for this property. The one item of note is that of the existing underground stormwater feature shown on the east side of Farmhouse Lane straddling Park Area A and the private (Haggerty Lane Cottages Condominium) property on Lot 1. As noted in condition 4, this stormwater feature shall be relocated, or the existing park easement adjusted, to correct this issue in accordance with the BMC as part of the Final Plat for this 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. Condition 6 has been 128 Hacot Minor Subdivision – Findings of Fact and Order 4 included to address any future stormwater facilities that may be necessitated to accommodate the runoff from Little Cottage Lane as it is fully developed. No significant site or grading changes are proposed as part of this minor subdivision. Parklands - As a minor subdivision, no park land dedication is required. However, as shown on the preliminary plat, there are two previously dedicated parkland easements (Park Area A and B) that were granted with the approved site plans (Haggerty Lane Cottages and Haggerty Lane Apartments) for this property. Continued development of the subject property for residential development will require continued compliance with the parkland dedication requirements according to the BMC based on the proposed residential density. As noted in condition 5, these existing park areas shall be labeled as “Public Park Areas” (not as “Private Common Open Space”). The Condominium/Homeowner Association documents, which shall submitted as part of the final plat documents, shall assure continued Condominium/Homeowner Association maintenance of these park areas as required as part of the previous site plan approvals for these lots. 4) The effect on the Natural environment This property is located in an area of the City which has been identified and developed for urban residential uses. The Community Development Department has not identified any natural environment features that would be impacted with this subdivision. 5) The effect 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) The effect on Public health and safety The intent of the regulatory standards as set forth in the BMC 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. B. Compliance with survey requirements provided in Part 4 of the Montana Subdivision and Platting Act 129 Hacot Minor Subdivision – Findings of Fact and Order 5 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 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 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. Final plats shall contain the applicable language for all certificates listed in Sections 38.06.110 BMC. 3. Irrigation System As-Builts - The developer shall provide irrigation system as-builts for all irrigation installed in public rights-of-way once the irrigation system is installed. The as-builts shall include the exact locations and type of lines, including accurate depth. D. Compliance with the local subdivision review procedures provided in Part 6 of the Montana Subdivision and Platting Act A subdivision pre-application, P13018 was submitted on May 22, 2013. The pre-application was reviewed by the Development Review Committee on June 12 and 19, 2013 and summary review comments were forwarded to the applicant in preparation of the preliminary plat application. The Development Review Committee granted numerous supplemental information waivers under 38.41.060, BMC. 130 Hacot Minor Subdivision – Findings of Fact and Order 6 A complete preliminary plat application was submitted on January 9, 2014 and deemed acceptable for initial review on January 14, 2014. The preliminary plat was reviewed by the Development Review Committee on January 29, February 5 and 12, 2014. On February 12, 2014 the Development Review Committee determined the submittal contained detailed, supporting information that is sufficient to allow for the review of the proposed subdivision. The Development Review Committee provided a favorable recommendation of approval to the City Commission. On March 7, 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 March 17, 2014 public hearing. The final decision for a Second or Subsequent 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 April 3, 2014. E. Provision for easements for the location and installation of any planned utilities In accordance with Section 38.23.060.A, BMC all easements, existing and proposed, have been accurately depicted and addressed on the preliminary plat and will be required to be addressed on the final plat. 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 The two proposed lots have frontage to Haggerty Lane meeting the minimum lot frontage requirements of the BMC. Both lots also have physical access provided via the Farmhouse Lane and Little Cottage Lane public access easements/streets that were developed as part of the previous site plan approvals (i.e. Haggerty lane Cottages and Haggerty Lane Apartments). VII. After considering all matters of record presented at the public hearing, the City Commission found that preliminary plat for the Hacot 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 131 Hacot Minor Subdivision – Findings of Fact and Order 7 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 5-0, that the Preliminary Subdivision Plat of the Hacot Minor Subdivision be approved, subject to the findings presented in the Department of Community Development staff report, subject to 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 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. 3. 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. 4. Any stormwater facilities or ponds located within park or open space shall be designed and constructed so as to be conducive to the normal use and maintenance of the park or open space. Storm water ponds shall not be located on private lots. The stormwater feature shown on the east side of Farmhouse Lane shall be relocated, or the existing park easement adjusted to address this requirement, as part of the Final Plat for this subdivision. 5. The existing park areas that were previously granted as Public Park Easements (Park A and Park B) shall be labeled as “Public Park Areas” (not as “Private Common Open Space). The Condominium/Homeowner documents, which shall submitted as part of the Final Plat documents, shall assure continued Condominium/Homeowner Association maintenance of these park areas as required as part of the previous site plan approvals for these lots. 6. Any proposed stormwater facility handling Little Cottage Lane public right-of-way runoff must be contained within a common lot or parkland. 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 132 Hacot Minor Subdivision – Findings of Fact and Order 8 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 a mutually agreed period of time. DATED this ________day of , 2014. BOZEMAN CITY COMMISSION JEFFREY K. KRAUSS, Mayor ATTEST: APPROVED AS TO FORM: STACY ULMEN, City Clerk GREG SULLIVAN, City Attorney 133 PRIVATE COMMON OPEN SPACEPRIVATE COMMON OPEN SPACE 134