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HomeMy WebLinkAboutE22 Wierda Minor Subdivision FFO Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Tim Cooper, Staff Attorney Chris Kukulski, City Manager SUBJECT: Wierda Minor Subdivision Findings of Fact MEETING DATE: November 6, 2006 BACKGROUND: On October 16, 2006, the City Commission held a public hearing on an application for preliminary approval of the Wierda 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 Wierda 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 Wierda Minor Subdivision Wierda Minor Subdivision Findings of Fact and Order #P-06049 BEFORE THE BOZEMAN CITY COMMISSION GALLATIN COUNTY, MONTANA IN THE MATTER OF THE APPLICATION OF EVERT AND JAMEE WIERDA, REPRESENTED BY C&H ENGINEERING AND SURVEYING, FOR PRELIMINARY APPROVAL OF THE WIERDA MINOR SUBDIVISION. FINDINGS OF FACT AND ORDER This matter came before the Bozeman City Commission on October 16, 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 2-lot Second or Subsequent Minor Subdivision from a Tract of Record, as submitted in its original form on August 14, 2006, #P-06049. 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 August 14, 2006, Evert and Jamee Wierda, represented by C&H Engineering and Surveying, submitted an application for approval to create a Second or Subsequent Minor Subdivision from a Tract of Record for 0.708 acres. The subject properties are legally described Lot 4, Block 12, Cattail Creek Wierda Minor Subdivision Findings of Fact and Order #P-06049 -2- Subdivision Phases 2A & 2B, situated in the northwest one-quarter of Section 35, T1S, R5E, PMM, City of Bozeman, Gallatin County, Montana. The subject property is zoned "R-3" (Residential Medium 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 October 3, 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 no members of the public spoke. 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. Wierda Minor Subdivision Findings of Fact and Order #P-06049 -3- IV. The application was considered by the Bozeman City Commission at its regular meeting on October 16, 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 planned, zoned and developed for Residential uses. The area has been platted and developed for many years, and does not support agricultural uses. There are adjacent agricultural uses to the west. However, impacts on this adjacent agricultural land were identified, evaluated and mitigated as part of the review of Cattail Creek Subdivision, Phases 2A and 2B. 2. Effects on Agricultural Water User Facilities No effects on agricultural water user facilities were identified. 3. Effects on Local Services Water/Sewer. There is an existing 8-inch water main and 8-inch sanitary sewer main in Fen Way. There is an existing 1½-inch water service and 8-inch sewer service installed on the subject property. The applicants are proposing to install a new ¾-inch water service and 4-inch sewer service to serve the new lot. Per code, the water and sewer improvements must be installed or financially guaranteed prior to final plat approval, and must be installed and accepted prior to issuance of building permits for either lot. The water and sewer service locations will need to be approved by the Water/Sewer Superintendent, and a street cut permit obtained, prior to construction of the services. A utility easement must be provided on the final plat along the common lot line for the existing water service line. Existing and proposed water and sewer service lines must be accurately depicted on the final plat. Wierda Minor Subdivision Findings of Fact and Order #P-06049 -4- 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. Streets. An access deviation must be applied for and granted prior to final plat approval if the access requirements for Section 18.44.090 of the UDO will not be met. The access deviation shall be provided in accordance with Section 18.44.090.H of the UDO, and approved by the City Engineer. All existing and proposed easements, including adjacent right-of-ways, shall be depicted upon the preliminary plat. City policy requires that sidewalks 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. Stormwater. Stormwater facilities have been provided with the development of Cattail Creek Subdivisions, Phase 2A and 2B. Parks. Parkland dedication was provided with Cattail Creek Subdivisions, Phases 2A and 2B. Parkland dedication cannot be required with minor subdivisions. Utilities. There are existing power, cable and phone utilities that were installed with Cattail Creek Subdivisions, Phases 2A and 2B. The applicants are proposing the standard 12-foot public utility easements in the fronts of the lots for the provision of utilities. 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 subject property has been developed for residential uses for some time. 6. Effects on Public Health and Safety Wierda Minor Subdivision Findings of Fact and Order #P-06049 -5- 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. 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. 2. A final copy of the covenants, restrictions, and articles of incorporation, with language that indicates that these lots are included in the homeowner’s association, shall be submitted with the final 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 removal, and other areas common to the association pursuant to Chapter 18.72 of the Bozeman Unified Development Ordinance. 3. City standard residential sidewalks shall be constructed on all public street frontages of a property prior to occupancy of any structure on the property. Upon the third anniversary of the plat recordation of any phase of the subdivision, any lot owner who has not constructed said sidewalk shall, without further notice, construct within 30 days said sidewalk for their lot(s), regardless of whether other improvements have been made upon the lot. This requirement shall be included on the final plat for the subdivision. 4. The developer shall make arrangements with the City Engineer's office to provide addresses for the new lot prior to filing of the final plat. 5. 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. 6. All construction activities shall comply with Section 18.74.020.A.2. This shall include Wierda Minor Subdivision Findings of Fact and Order #P-06049 -6- 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. 7. 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. 8. 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. 9. 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. 10. 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 May 30, 2006. The preapplication was reviewed by the DRC on June 28, and July 5 and 12, 2006, and the final preapplication letter was mailed on July 13, 2006. The applicant had until July 13, 2007 to submit a preliminary plat application. Wierda Minor Subdivision Findings of Fact and Order #P-06049 -7- A preliminary plat application was submitted on August 14, 2006 and the required completeness letter was sent on August 17, 2006. The preliminary plat was reviewed by the DRC on September 6, 13 and 20, 2006, and the required adequacy letter was mailed on September 20, 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, September 17, 2006. The site was posted with a public notice on September 15, 2006. Finally, 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 September 15, 2006. On September 25 and 26, 2006 the subdivision staff report was drafted and forwarded with a recommendation of conditional approval to the Planning Board for consideration at its October 3, 2006 public hearing. The City Commission made a final decision at an October 16, 2006 public hearing. E. Provision of easements for the location and installation of any planned utilities. The applicants are proposing the standard required 12-foot public utility easements in the fronts of the lots for the provision of utilities. F. Provision of legal and physical access to each parcel. Both lots will gain access from Fen Way. A 1-foot no access strip was provided along the rear of the subject property along Davis Lane with the Cattail Creek Subdivisions, Phase 2A and 2B. The proposed preliminary plat does not show this no access strip. It will need to be shown on the final plat. 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 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. Wierda Minor Subdivision Findings of Fact and Order #P-06049 -8- THEREFORE, IT IS HEREBY ORDERED that the Preliminary Subdivision Plat of the Wierda Minor Subdivision for the property owners Evert and Jamee Wierda, be approved, subject to the following conditions: Conditions of Approval: 1. 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. 2. New water and sewer services must be provided to Lot 4B or financially guaranteed prior to final plat approval. Service locations must be approved by the Water/Sewer Superintendent and a street cut permit obtained prior to construction. Building permits will not be issued for developments on either lot until the new service lines have been installed and accepted. 3. A utility easement shall be provided along the common lot line for the existing water service line. 4. A property access deviation must be accepted prior to final plat approval if access requirements of Section 18.44.090, UDO are not satisfied. The access deviation shall be provided in accordance with Section 18.44.090.H, UDO and approved by the City Engineer. 5. All existing and proposed easements (including adjacent right-of-way) shall be depicted upon the preliminary plat. 6. Existing and proposed water and sewer service lines shall be accurately depicted upon the preliminary plat. 7. The 1-foot no access strip shown on the final plat of Cattail Creek Subdivision, Phases 2A and 2B must be shown on the final plat. 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 Wierda Minor Subdivision Findings of Fact and Order #P-06049 -9- 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:______________________________ JEFFREY K. KRAUSS MAYOR ATTEST: APPROVED AS TO FORM: _____________________________ _________________________________ BRIT FONTENOT PAUL J. LUWE CITY CLERK CITY ATTORNEY