HomeMy WebLinkAboutE21 LeClair Minor FFO
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Tim Cooper, Staff Attorney
Chris Kukulski, City Manager
SUBJECT: LeClair Minor Subdivision Findings of Fact
MEETING DATE: November 6, 2006
BACKGROUND: On June 5, 2006, the City Commission held a public hearing on an application for
preliminary approval of the LeClair Minor Subdivision. The Commission approved the proposed
subdivision, subject to conditions 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. Jody Sanford, Senior Planner,
presented the subdivision application on behalf of the City of Bozeman. She has prepared the Findings
of Fact and Order to serve as the Commission’s statutorily required written statement.
RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the
preliminary plat of LeClair Minor Subdivision.
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.
ALTERNATIVES: As suggested by the City Commission
Respectfully submitted,
_________________________________ ____________________________
Tim Cooper, Staff Attorney Chris Kukulski, City Manager
Attachments: Proposed Findings of Fact for LeClair Minor Subdivision
LeClair Minor Subdivision Findings of Fact and Order #P-05078
BEFORE THE BOZEMAN CITY COMMISSION
GALLATIN COUNTY, MONTANA
IN THE MATTER OF THE APPLICATION OF KEN
LECLAIR, REPRESENTED BY ROCKY MOUNTAIN
ENGINEERS, FOR PRELIMINARY APPROVAL OF
THE LECLAIR MINOR SUBDIVISION.
FINDINGS
OF FACT
AND ORDER
This matter came before the Bozeman City Commission on March 6, 2006, and was opened and
continued until May 5, 2006, for review and decision 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. The applicant presented to the
Commission a proposed Preliminary Subdivision Plat for a 5-lot Second or Subsequent Minor
Subdivision from a Tract of Record, as submitted in its original form on December 22, 2005, #P-05078.
The Commission held a public hearing on the preliminary plat and considered all relevant evidence
relating to the public health, safety, and welfare, including the recommendation of the Bozeman
Planning Board, to determine whether the plat should be approved, conditionally approved, or
disapproved.
It appeared to the Commission that all parties 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 Commission makes the following Findings of Fact, as required:
FINDINGS OF FACT
I.
On December 22, 2005, Ken LeClair of Highwood Estates, Inc., represented by Rocky
Mountain Engineers, submitted an application for approval to create a Second or Subsequent Minor
Subdivision from a Tract of Record for 1.646 acres. The subject properties are legally described as Lots
LeClair Minor Subdivision Findings of Fact and Order #P-05078
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1A through 4A, Block 2A, LeClair’s Rearrangement of Graf’s 1st Subdivision, in the E½ of the SE¼ of
Section 18, T2S, R6E, PMM, City of Bozeman, Gallatin County, Montana. The subject property is
zoned "R-1" (Residential Single-Household, Low Density District).
II.
The comments of the Development Review Committee, along with those of Planning &
Community Development Staff, were incorporated into a staff report with suggested conditions of
approval, which was provided to the City of Bozeman Planning Board.
III.
Public notice was provided via publication of a legal notice in the newspaper, posting the subject
property, certified mailing of notices to adjacent property owners, and first class mailing of notices to
other property owners within 200 feet of the subject property.
The City of Bozeman Planning Board held a public hearing on February 22, 2006. The Planning
Board found that the application was properly submitted and reviewed under the procedures of the City
of Bozeman Unified Development Ordinance. Staff reviewed the staff report and the evidence which
justified the imposition of conditions.
The Planning Board then opened the public hearing for public comment and one member of the
public spoke expressing concern regarding the connection of Kenyon Drive, the proposed density of the
project, and the noise from the existing telecommunications equipment located at the City water tank.
The City of Bozeman Planning Board then moved to recommend conditional approval of the
subdivision with conditions as recommended by Staff and passed on a vote of 7-0.
LeClair Minor Subdivision Findings of Fact and Order #P-05078
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IV.
The application was considered by the Bozeman City Commission at its regular meeting on
March 6, 2006 and was continued to May 5, 2006, at which time the recommendation of the Planning
Board and information compiled by City staff was reviewed.
V.
A. Primary Review Criteria
1. Effects on Agriculture
The property has been master planned for Residential development. The property has
been platted for many years and does not support agricultural uses.
2. Effects on Agricultural Water User Facilities
No effects on agricultural water user facilities were identified.
3. Effects on Local Services
Water/Sewer. There are existing water and sewer mains in Kenyon Dr, but main
extensions will be required to service the new lots. Per code, the water and sewer
improvements must be installed or financially guaranteed prior to final plat approval,
and must be installed prior to issuance of building permits. The applicant must submit
plans, specifications and a detailed design report for the water and sewer main
extensions to the City Engineer and the Montana Department of Environmental Quality
for review and approval.
A City-approved all weather access road will be required to access the new manhole to
be installed northeast of the subject property. Because of the elevation of the
subdivision, there may be inadequate water pressure to serve the individual lots and
service pumps may be needed. Easements will be required for all locations where sewer
mains cross parkland or private property.
The City needs to acquire water rights to keep up with the growing demand for
municipal water service. Therefore, water rights or cash-in-lieu thereof must be
obtained with this development unless already paid.
Police/Fire. The property is well within the City’s Police and Fire emergency response
area. The subdivider must obtain an address for the new lot from the City Engineering
Division prior to filing of the final plat to facilitate fire and police response to the site.
The proposed temporary turnaround must be acceptable to the Fire Department.
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Streets. Kenyon Dr is proposed to be extended to the north as a standard City street,
with curb, gutter and sidewalk, within a 60-foot right-of-way. The proper easements for
the temporary turnaround, proposed for placement on property owned by Bozeman
Deaconess Health Services, must be provided. The applicant must submit plans,
specifications and a detailed design report for public streets to the City Engineer and the
Montana Department of Environmental Quality for review and approval. The street
improvements must be installed or financially guaranteed prior to final plat approval,
and must be installed prior to issuance of building permits. However, sidewalks must be
installed prior to occupancy of any structure on the property, or by 30 days after the
third anniversary of the recordation of the final plat if construction has not yet occurred.
To minimize wear and tear on existing City streets, and to reduce traffic conflicts, the
applicant will need to provide a construction route map and make provisions for the
routine cleaning/sweeping of adjacent streets in compliance with the Unified
Development Ordinance.
Finally, signage and striping will be required to restrict parking in front of the existing
drive access to the water tank. No parking signs must be installed at the terminus of the
street. The location where the existing trail crosses Kenyon Dr must be delineated with
signage and/or markings acceptable to the Street Department.
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. The preliminary plat shows the
proposed stormwater pond on Lot 1. The pond must instead be located on a separate
lot to be owned and maintained by the homeowners association.
Parks. There is no parkland dedication requirement for minor subdivisions. The
extension of Kenyon Dr will cross an existing City linear park and trail. The preliminary
plat shows part of the temporary turnaround and the required all-weather access road on
the City park. Staff is recommending that both of the improvements be relocated so
they are not on the existing linear park. Disturbance to the existing trail, cause by
installation of streets and infrastructure, shall be restored in compliance with the City’s
trail specifications upon completion of these improvements.
Pursuant to Section 18.50.090, executed waivers of right to protest creation of special
improvement districts (SIDs) for a park maintenance district shall be filed and of record
with the Gallatin County Clerk and Recorder prior to final plat approval. A copy of the
filed documents shall be submitted with the final plat.
Finally, it appears that the existing linear trail encroaches on the north end of the subject
property. The Parks Department and the Gallatin Valley Land Trust will work together
to relocate the existing trail off of proposed Lot 1.
LeClair Minor Subdivision Findings of Fact and Order #P-05078
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Utilities. There are existing power, cable and phone utilities in the vicinity. The
preliminary plat shows a 10-foot utility easement along the rear of the lots. The final plat
will also need to show 10-foot wide front yard utility easements unless written
confirmation is provided from ALL utility companies providing service indicating that
front yard easements are not needed.
4. Effects on the Natural Environment
A Memorandum of Understanding must be entered into with the County Weed Board
prior to submittal of the final plat.
5. Effects on Wildlife and Wildlife Habitat
There should be no impact on wildlife and wildlife habitat. The property has been
platted, and surrounded by developed land, for many years.
6. Effects on Public Health and Safety
The intent of the regulations in the Unified Development Ordinance is to protect the
public health, safety and general welfare. The subdivision has been reviewed and
determined to be in general compliance with the title. Any other conditions deemed
necessary to ensure compliance have been noted throughout this staff report.
B. Compliance with the survey requirements provided for 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 filed as a preliminary plat in accordance with the state statute
and the Bozeman Municipal Code.
C. Compliance with the Bozeman Unified Development Ordinance.
The following requirements are standards of the Unified Development Ordinance and shall be
addressed with the final plat submittal:
1. Section 18.42.060.B.2 requires that 10-foot wide front yard utility easements be provided
unless written confirmation is provided from ALL utility companies providing service
indicating that front yard easements are not needed.
2. According to Section 18.42.080.D, stormwater ponds shall not be located on private
lots. The final plat shall show a common open space lot, to be used for stormwater
detention, to be owned and maintained by the property owner’s association instead of a
storm drainage easement.
3. Pursuant to Section 18.50.090, executed waivers of right to protest creation of special
improvement districts (SIDs) for a park maintenance district shall be filed and of record
with the Gallatin County Clerk and Recorder prior to final plat approval. A copy of the
filed documents shall be submitted with the final plat.
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4. In accordance with Section 18.78.070, a Memorandum of Understanding shall be
entered into with the Weed Control District prior to submitting the final plat. A copy of
the MOU shall be submitted with the final plat application.
5. The developer shall make arrangements with the City Engineer’s office to provide
addresses for all individual lots in the subdivision prior to filing of the final plat.
6. Pursuant to Section 18.42.120, the location of mailboxes shall be coordinated with the
City Engineering Department prior to their installation.
7. Pursuant to Section 18.42.080, 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.
8. The new street shall be constructed to follow the City of Bozeman Local Street
Standards in accordance with Chapter 18.44.
9. Plans and specifications for any water, sewer and/or storm sewer main extensions, and
Public or Private Streets (including curb, gutter & sidewalks) prepared by a Professional
Engineer (PE) shall be provided to and approved by the City Engineer. Water and
sewer plans shall also be approved by the Montana Department of Environmental
Quality. The applicant shall also provide Professional Engineering services for
construction inspection, post-construction certification, and preparation of mylar record
drawings. Specific comments regarding the existing and proposed infrastructure shall be
provided at that time. Construction shall not be initiated on the public infrastructure
improvements until the plans and specifications have been approved and a pre-
construction conference has been conducted. No building permits will be issued
prior to City acceptance of the infrastructure improvements.
10. The applicant shall submit a construction route map dictating how materials and heavy
equipment will travel to and from the site in accordance with Section 18.74.020.A.1.
This shall be submitted as part of the final site plan for site developments, or with the
infrastructure plans for subdivisions. It shall be the responsibility of the applicant to
ensure that the construction traffic follows the approved routes.
11. All construction activities shall comply with Section 18.74.020.A.2. This shall include
routine cleaning/sweeping of material that is dragged to adjacent streets. The City may
require a guarantee as allowed for under this section at any time during the construction
to ensure any damages or cleaning that are required are complete. The developer shall
be responsible to reimburse the City for all costs associated with the work if it becomes
necessary for the City to correct any problems that are identified.
12. A final copy of the covenants, restrictions, and articles of incorporation for the creation
of a homeowners’ association, or inclusion of these new lots in an existing homeowners’
association, shall be submitted with the preliminary plat application for review and
approval by the Planning Department and shall contain, but not be limited to,
provisions for assessment, maintenance, repair and upkeep of common open space
areas, public parkland/open space corridors, stormwater facilities, public trails, snow
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removal, lighting and other areas common to the association pursuant to Chapter 18.72
of the Bozeman Unified Development Ordinance.
13. In accordance with Section 18.78.070, the final plat shall conform to all requirements of
the Bozeman Unified Development Ordinance 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 correct 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 on a double-sided, high
density 3-1/2" floppy disk; and five (5) paper prints.
14. Pursuant to Section 18.06.040.D.6, conditional approval of the preliminary plat shall be
in force for not more than one calendar year. Prior to that expiration date, the
developer 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 developer, extend its approval for no more than one calendar
year, except that the City Commission may extend its approval for a period of more
than one year if that approval period is included as a specific condition of a written
subdivision improvements agreement between the City Commission and the developer,
provided for in §18.74.060, BMC.
15. Pursuant to Section 18.74.030.B, if it is the developer’s intent to file the 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.
16. Pursuant to Section 18.06.060, 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.
D. Compliance with the required subdivision review process.
A subdivision preapplication was submitted on October 14, 2005. The preapplication was
reviewed by the DRC on November 2, 9 and 16, 2005, and the final preapplication letter was
mailed on November 18, 2005. The applicant had until November 18, 2006 to submit a
preliminary plat application.
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A preliminary plat application was submitted on December 22, 2005 and the required
completeness letter was sent on December 29, 2005. The preliminary plat was reviewed by the
DRC on January 4, 11 and 18, 2006, and the required adequacy letter was mailed on January 18,
2006. On the third and final week of DRC review, a favorable recommendation was forwarded
for consideration by the Planning Board and City Commission.
Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday,
February 5 and 12, 2006. The site was posted with a public notice on February 3, 2006. Finally,
notice was sent to adjacent property owners via certified mail, and to property owners of record
within 200 feet of the subject property via first class mail, on February 3, 2006.
On February 14, 2006 the subdivision staff report was drafted and forwarded with a
recommendation of conditional approval to the Planning Board for consideration at its February
22, 2006 public hearing. The City Commission will make a final decision at an March 6, 2006
public hearing. Final decision for a Second or Subsequent Minor Subdivision from a Tract of
Record Preliminary Plat must be made within 60 working days of the date it was deemed
complete or in this case by March 15, 2006. If the application is approved on March 6, 2006
then it will have taken 53 working days.
E. Provision of easements for the location and installation of any planned utilities.
There are existing power, cable and phone utilities in the vicinity. The preliminary plat shows a
10-foot utility easement along the rear of the lots. The final plat will also need to show 10-foot
wide front yard utility easements unless written confirmation is provided from ALL utility
companies providing service indicating that front yard easements are not needed.
F. Provision of legal and physical access to each parcel.
The proposed lots will gain access from Kenyon Dr which is a public street. All of the lots have
adequate width to meet the City’s frontage requirements.
ORDER
After considering all matters of record presented at the public hearing, the Bozeman City
Commission found that the proposed subdivision would comply with the City of Bozeman Growth
Policy, and the requirements of the City of Bozeman Unified Development Ordinance and the Montana
Subdivision and Platting Act, if certain conditions were imposed. The evidence, as stated or referenced
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in the 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.
THEREFORE, IT IS HEREBY ORDERED that the Preliminary Subdivision Plat of the
LeClair Minor Subdivision for the property owners Highwood Estates, be approved, subject to the
following conditions:
Conditions of Approval:
1. The applicant shall provide a soils report for the Building Division, recommending types of
foundations, with the final plat.
2. If the temporary cul-de-sac is installed, an easement for placement of a temporary cul-de-sac on
the property to the north (Bozeman Deaconess Health Services) shall be executed prior to
submittal of the final plat. The easement document and exhibit shall be submitted to the
Engineering and Fire Departments for their review and approval prior to filing at the Clerk and
Recorders Office.
3. If the temporary cul-de-sac is installed, it shall be relocated so that it does not encroach on the
linear park; the linear park shall only be crossed by a street section and not part of a temporary
cul-de-sac or other approved turnaround.
4. The location where the linear park crosses Kenyon Dr should be delineated in a manner
acceptable to the City Streets and Signage Departments, and lighted in compliance with Section
18.42.150.C.6 of the Unified Development Ordinance. The operation and maintenance of the
trail crossing lighting shall be paid for by the homeowner’s association with the covenants,
restrictions, and articles of incorporation for the homeowners’ association amended
appropriately.
5. The applicant shall move the existing bench, and work with the Parks Department and GVLT
to find a suitable location for the bench. Documentation that the bench has been moved,
including the new location for the bench, shall be submitted with the final plat.
6. Disturbance to the existing trail, cause by installation of streets and infrastructure, shall be
restored in compliance with the City’s trail specifications upon completion of these
improvements.
7. Due to the proximity of these proposed lots to the City of Bozeman water tank, it is imperative
that all existing easements and property lines are not infringed upon by any obstructions
temporary, permanent, or otherwise.
8. It should be noted upon the final plat that the existing City of Bozeman water tank contains
several pieces of communication equipment and will emit a constant low intensity hum. In
addition, an emergency generator is located at this site and is run weekly for an hour and would
operate any time there is an emergency power outage within the city.
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9. Signage and striping shall be put into place restricting parking in front of the drive access to the
water tank.
10. Because of the subdivision’s elevation, there may be inadequate water pressure to serve the
individual lots without service pumps.
11. A City approved all weather access road will be required to access any sewer manholes that are
not located within a public street. If an all weather access road is installed, it will not interfere
with or overlap any public trails. It is staff’s recommendation that the utility easement, all
weather access road, and the detention basin be located on a separate lot to the north side of lot
1.
12. An easement will be necessary for any sewer main extension that will extend through parkland
or private property.
13. The final plat shall comply with the standards identified and referenced in the Unified
Development Ordinance. 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.
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 these Findings 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 year from the date of adoption of these Findings by the City Commission. At
the end of this period the City Commission may, at the written request of the subdivider, extend its
approval as provided for in the Bozeman Unified Development Ordinance.
DATED this day of , 2006.
BOZEMAN CITY COMMISSION
By:______________________________
Jeff Krauss, Mayor
LeClair Minor Subdivision Findings of Fact and Order #P-05078
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ATTEST: APPROVED AS TO FORM:
_____________________________ _________________________________
Brit Fontenot Paul J. Luwe
Clerk of the Commission City Attorney