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HomeMy WebLinkAboutAnnie Phase 2 Minor Subdivision Findings of Fact and Order_5 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Wendy Thomas, Director of Community Development SUBJECT: Annie Phase 2 Minor Subdivision Preliminary Plat Findings of Fact and Order MEETING DATE: July 14, 2014 AGENDA ITEM TYPE: Consent RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the Annie Phase 2 Minor Subdivision Preliminary Plat Application. BACKGROUND: On May 5, 2014, the City Commission held a public hearing on an application for preliminary plat approval for the Annie Phase 2 Minor Subdivision. The Commission conditionally 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 Report compiled on: July 2, 2014 34 The Annie Phase 2, Lot 5 Subsequent Minor Subdivision – Findings of Fact and Order 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 THE FELLOWSHIP BAPTIST CHURCH FOR PRELIMINARY PLAT REVIEW OF THE ANNIE PHASE 2, LOT 5 SUSEQUENT MINOR SUBDIVISION, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA FINDING OF FACT AND ORDER 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 May 5, 2014, on the above-entitled application. The applicant presented to the City Commission a proposed preliminary plat to subdivide one (1) existing lot, containing approximately 10.92 acres, described as Lot 5 of the Annie Subdivision Phase 2, Located in the Northeast One-Quarter (NE ¼) of Section 2, Township Two South (T2S), Range Five East (R5E), PMM, City of Bozeman, Gallatin County, Montana into two multi-household residential lots and one lot for a community center. The project generally located northeast of the intersection of North 27th Avenue and West Oak Street. 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: 35 The Annie Phase 2, Lot 5 Subsequent Minor Subdivision – Findings of Fact and Order 2 FINDINGS OF FACT I. A preliminary plat application was submitted on February 24, 2014. The application was deemed to not include all the required elements for review. Additional information was required per Chapter 38 of the Bozeman Municipal Code (BMC). After receiving additional information on March 19, 2014 the application was deemed acceptable for initial review on March 27, 2014. The preliminary subdivision plat, as proposed, will allow the further subdivision of an existing lot of 10.92 acres to into two multi-household residential lots and one lot for a community center generally located northeast of the intersection of North 27th Avenue and West Oak Street. The property is described as Lot 5 of the Annie Subdivision Phase 2, Located in the Northeast One-Quarter (NE ¼) of Section 2, Township Two South (T2S), Range Five East (R5E), PMM, City of Bozeman, Gallatin County, Montana. II. Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday, April 20, 2014. The site was posted with a public notice on April 21, 2014. Public notice was sent to property owners of record within 200 feet of the subject property via first class mail, on April 21, 2014. No public comment was received. 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, physical features, and context. IV. The matter of the preliminary plat application for Annie Phase 2, Lot 5 Subsequent Minor Subdivision was considered by the City Commission at a public hearing on May 5, 2014 at which time the Department of Community Development Staff reviewed the project and 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. 36 The Annie Phase 2, Lot 5 Subsequent Minor Subdivision – Findings of Fact and Order 3 Mike Balch representing the property owner and C&H Engineering discussed the design of the subdivision and indicated the applicant’s agreement with the recommended conditions of approval. V. The public hearing portion was then opened to hear public testimony on the matter of the preliminary plat application. No members of the public commented on the application. 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, the applicant’s submittal and 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, and 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 No agricultural water user facilities were identified on the subject property. As noted under criteria one above the 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 agricultural water user facilities. 3. Effects on Local Services Water/Sewer – Municipal water and sewer mains exist in the adjacent right-of-ways. No additional water and sewer mains are required to service the proposed subdivision at this time. Each lot will connect to the newly constructed water and sewer mains designed to the appropriate design standard and shall be located in the standard location as approved by the water/sewer superintendent upon further development. The water/sewer infrastructure for the platted lots of this subdivision will specifically be called out in the no-build restriction recorded with the plat. No construction can occur on these platted lots until the water/sewer infrastructure has been installed at City standards. Streets – The DRC has determined that the adjacent streets, when developed to City standards, have capacity to accommodate this development. Following new water and service line installations to accommodate the new lots/development, all street improvements will be 37 The Annie Phase 2, Lot 5 Subsequent Minor Subdivision – Findings of Fact and Order 4 constructed to acceptable City standards with curb, gutter, pavement, boulevard sidewalks and storm water facilities. The street infrastructure for the platted lots of this subdivision will be specifically called out in the no-build restriction recorded with the plat. No construction can occur on these platted lots until the surrounding public streets have been brought up to City street standards. 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 prior to final plat approval. Specific locations for storm water areas are show on the face of the plat. Parklands – A waiver was requested and granted for Parks and Recreation Facilities Supplement information as the site is within an existing subdivision, dedicated parkland credits from the original Annie Subdivision to meet Section 38.27, BMC exist. 18.51 acre Rose Park was dedicated with the Annie Subdivision Phase II to meet parkland requirements at that time. 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 by inclusion in the existing protective covenants and compliance with the recommended conditions of approval. 5. Effects on Wildlife and Wildlife Habitat The further subdivision of the existing lot will have minimal impacts on wildlife and wildlife habitat. The impacts to the more important habitat areas were addressed and mitigated during the review of the original subdivision and are preserved as open space and/or parklands. Further, 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, with exception to the items called out in the no-build restrictions recorded with the plat. The no-build restrictions will require the necessary surrounding public infrastructure to be brought up to city standards before any future construction can occur on the lots. 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, Mont. Code Ann. 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 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 38 The Annie Phase 2, Lot 5 Subsequent Minor Subdivision – Findings of Fact and Order 5 Montana. As noted in recommended condition No. 1, the final plat must comply with State statute, 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. Therefore, the subdivision will be in compliance with the subdivision regulations. E. Provision for easements for the location and installation of any planned utilities As noted under Staff Finding No. 2 above and required 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. 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 All of the proposed lots have frontage to public streets as shown on the preliminary plat. The lots created by this subdivision require deferral of the completion of the required street improvements as justified by unique circumstances. The property adjacent to the subdivision on the west is owned by the City. The City has developed the property (Rose Park) but did not construct, in whole or in part, required street improvements to North 25th Avenue. The east half of North 27th Avenue has likewise not been completed on the portion adjacent to this subdivision. North 27th Avenue is constructed to a collector standard to the north of the subdivision but the east half is closed and unused. The completion of these road improvements is being dictated by the timing of development and is beyond the control of the applicant. Development of Rose Park proceeded without improvement to North 25th Avenue by the City, effectively deferring the construction of the street. The applicant should be allowed to defer its participation in completing its portion of the roadway until such time as the City is prepared to complete the project. North 27th Avenue is eligible for impact fee funding and is listed on the Street Impact Fee Capital Improvement Plan. The schedule for the improvements is beyond the control of the applicant. It is reasonable that the applicant not be required to make improvements to the roadway at this time because the City has already proposed to make those improvements. This subdivision is proposed primarily to create additional lots for transfer. The applicant intends to record no-build restriction on the final plat and no construction will occur until further site plans are approved. The filing of the final plat will therefore not, in and of itself, impact the current street system. The recommended conditions are designed to activate required street improvements at the time of further development, when existing circumstances change. The extent of further development will dictate the timing of the improvements. VII. 39 The Annie Phase 2, Lot 5 Subsequent Minor Subdivision – Findings of Fact and Order 6 After considering all matters of record presented at the public hearing, the City Commission found that preliminary plat for the Annie Subdivision Phase 2, Lot 5 Subsequent Minor 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. ORDER THEREFORE, IT IS HEREBY ORDERED, on a vote of 5-0, that the Preliminary Subdivision Plat of Annie Subdivision Phase 2, Lot 5 Subsequent Minor Subdivision be approved, 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 an additional sheet of the plat. 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. The final plat shall include the following certificate: CERTIFICATE OF TRANSFER OF OWNERSHIP & COMPLETION OF NON PUBLC IMPROVEMENTS The following are hereby granted and donated to the property owners association noted below for their use and enjoyment: (insert description and designations, e.g. open space parcels, storm water, etc. with each parcel having its own description like open space parcel A which corresponds to the labels on the plat face). Unless specifically listed in the Certificate of Dedication, the city accepts no responsibility for maintaining the same. I, (insert subdivider), hereby further certify that the following non-public improvements, 40 The Annie Phase 2, Lot 5 Subsequent Minor Subdivision – Findings of Fact and Order 7 required to meet the requirements of Chapter 38 of the Bozeman Municipal Code, or as a condition(s) of approval of the subdivision plotted herewith, have been installed in conformance with any approved plans and specifications prepared in accordance with the standards of Chapter 38 or other City design standards, or have been financially guaranteed and are covered by the subdivision improvements agreement accompanying and recorded with this plat. Installed Improvements: (list as appropriate - STORM DRAINAGE, DETENTION PONDS, COMMON OPENSPACE IMPROVEMENTS EXCLUDING THOSE LISTED BELOW). Financially Guaranteed Improvements: (list as appropriate - COMMON OPEN SPACE BRIDGE & LAWN.) The subdivider hereby grants ownership of all non-public infrastructure improvements to the property owners association created by Document Number____________________. (To be filled in when recorded) By: _________ , Subdivider Date: ________________ 5. 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 following: a. Street improvements to North 27th Avenue including paving, curb/gutter, sidewalk, and storm drainage (unless currently filed with the property). b. Street improvements to Oak Street including paving, curb/gutter, sidewalk, and storm drainage (unless currently filed with the property). c. Street improvements to North 25th Avenue including paving, curb/gutter, sidewalk, and storm drainage (unless currently filed with the property). d. Street improvements to Tschache Lane including paving, curb/gutter, sidewalk, and storm drainage (unless currently filed with the property). e. Signalization of the intersection of N. 27th Avenue and Oak Street. 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. 6. All streets contained within the subdivision shall be within dedicated public right of way and built to city standards. 7. The applicant has requested that no-build restrictions be placed on all lots to be platted with this subdivision. Building construction for all lots platted with this subdivision will be restricted until the required public infrastructure is constructed and brought up to current city standards. 8. Project phasing shall be clearly defined on the infrastructure plans and specifications including installation of infrastructure. 9. A one foot no access strip shall be recorded on the final plat restricting access for any lots fronting onto Oak Street and N. 27th Avenue. A break in the no access strip will be allowed for site access on N. 27th aligning with Cobblestone Place. 41 The Annie Phase 2, Lot 5 Subsequent Minor Subdivision – Findings of Fact and Order 8 10. Secondary accesses will be required with each individual phase of this development as the project proceeds from one phase to the next. 11. Road geometry should meet the criteria in the City of Bozeman design standards unless a deviation can be justified. 12. Any proposed public street lighting shall be LED. 13. The proposed subdivision is located within the Far West Sewer Payback district. These payback districts must be paid before hook up to municipal services. 14. The necessary right of way shall be dedicated with the final plat for the following streets: a. N. 25th Avenue (half of local street standard) – 30 feet. b. Oak Street (half of principal arterial standard) – 60 feet. c. N. 27th Avenue (half of collector street standard) – 45 feet. d. Tschache Lane (half of local street standard) – 30 feet. 42 The Annie Phase 2, Lot 5 Subsequent Minor Subdivision – Findings of Fact and Order 9 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 a period of not more than two years, or for more than two years by the City Commission. DATED this ________day of , 2014. BOZEMAN CITY COMMISSION _________________________________ JEFFREY K. KRAUSS Mayor ATTEST: _______________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 43