HomeMy WebLinkAboutFowler Place Subdivision Amended Plat, P14029_9Page 1 of 14
P-14029, Staff Report for the Fowler Place Minor Subdivision
Public Hearing Date: City Commission public hearing is on July 14, 2014
Project Description: Amended Plat Fowler Place Subdivision to subdivide Lot 9 of Fowler
Place Subdivision (0.328 acres) into 2 single-household residential lots. Proposed Lot 9-
B will remain a non-buildable lot to allow for temporary public and emergency access
until the streets and alleys are extended south to Cascade Street.
Project Location: 308 Fowler Avenue legally described as the Lot 9 of Fowler Place
Subdivision, situated in the West One-Half (W ½), Northwest One-Quarter (NW ¼),
Northeast One-Quarter (NE ¼) of Section 2, Township 2 South, Range 5 East, P.M.M,
City of Bozeman, Gallatin County, Montana.
Recommendation: Approval with conditions
Recommended Motion: Having reviewed and considered the application materials, public
comment, and all the information presented, I hereby adopt the findings presented in the
staff report for application P14029 and move to approve the Subdivision with conditions
and subject to all applicable code provisions.
Report Date: Monday, July 07, 2014
Staff Contact: Tom Rogers, Associate Planner
Dustin Johnson, Development Review Engineer
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issues
There are no unresolved issues.
Project Summary
The property owner and applicant Jim and Sylvia Grindley, 320 Fowler Avenue, Bozeman, MT
59718, represented by Sanderson Stewart, Inc., 106 E. Babcock, Bozeman, MT 59715 submitted
application to further subdivide one (1) existing lot (Lot 9) within the Fowler Place Subdivision
to create one additional lot for future residential development. Lot 9 consists of 14,306 square
feet (0.328 acres) and is zoned R-1, Residential Single-Household District. Proposed Lot 9B
will include a no-build restriction to retain the temporary public and emergency access as
required with the original Fowler Place subdivision.
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Alternatives
1. Approve the application with the recommended conditions;
2. Approve the application with modifications to the recommended conditions;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Open and continue the public hearing on the application, with specific direction to staff
or the applicant to supply additional information or to address specific items.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .......................................................................................................... 3
SECTION 2 – REQUESTED VARIANCES AND DEVIATIONS............................................... 7
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ............................................ 7
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ........................ 8
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS .............................................. 8
SECTION 6 - STAFF ANALYSIS AND FINDINGS ................................................................... 8
Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................... 8
Primary Subdivision Review Criteria, Section 76-3-608 ................................................... 9
Preliminary Plat Supplements ........................................................................................... 11
APPENDIX A –ADVISORY CODE CITATIONS ..................................................................... 12
APPENDIX B – PROJECT SITE ZONING AND GROWTH POLICY ..................................... 13
APPENDIX C – DETAILED PROJECT DESCRIPTION AND BACKGROUND.................... 13
APPENDIX D – NOTICING AND PUBLIC COMMENT ......................................................... 13
APPENDIX E – OWNER INFORMATION AND REVIEWING STAFF ................................. 14
FISCAL EFFECTS ....................................................................................................................... 14
ATTACHMENTS ......................................................................................................................... 14
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SECTION 1 - MAP SERIES
Vicinity Map showing adjacent zoning
Surrounding Zoning and Land Uses
North: Fowler Place Subdivision zoned R-1 (Residential Single-Household Low Density
District)
South: County land, vacant
East: Fowler Place Subdivision zoned R-1 (Residential Single-Household Low Density
District)
West: Cascade Subdivision zoned R-1 (Residential Single-Household Low Density District)
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Figure 1: Amended Plat of Fowler Place Subdivision
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SECTION 2 – REQUESTED VARIANCES AND DEVIATIONS
No variances or deviations are required with this subdivision.
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this
report. These conditions are specific to the subdivision. 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.
The subdivision is being reviewed as a second minor subdivision per the Unified Development
Code (UDC) 38.03.040.A.5.a.(3) Second or subsequent minor subdivision created from a tract of
record. For the second or subsequent minor subdivision created from a tract of record, the city
commission shall hold a public hearing on the subdivision application. The city commission shall
approve, conditionally approve or deny the subdivision application of a second or subsequent
minor subdivision within 60 working days of the determination that the application is adequate
for review, unless there is a written extension from the developer, not to exceed one year.
Recommended Conditions of Approval:
1. 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. Subdivider shall file with the Gallatin County Clerk & Recorder a no built Deed restriction
on Lot 9-B. The Deed restriction shall be placed on Lot 9B to prohibit the construction of
any structure(s) within the delineated 30 foot public and emergency access easement shown
on the face of the Plat or in a document filed with the Gallatin County Clerk & Recorder.
The build restriction shall be in place until the alley and streets of the Fowler Place
Subdivision are extended south to Cascade Street. Release of said restriction requires
mutual consent of the property owner and the City.
3. Subdivider shall place a 30 foot Temporary Public and Emergency Access Easement
notation on the face of the Plat or in a document to be recorded with Gallatin County Clerk
& Recorder on Lot 9-B prior to final plat approval. Release of the easement requires
mutual consent of the property owner and the City.
4. A one foot no access strip shall be recorded on the final plat restricting vehicle access for
any lots fronting onto Fowler Avenue.
5. Water and sewer connections and other service utilities shall not be required at this time as
part of the plat; however, utilities shall be stubbed into Lot 9-B prior to the no build
restriction being lifted as required by the City Engineering and Water/Sewer Departments.
6. Platting certificates shall contain all necessary wording as outlined in the City of
Bozeman’s UDC, State of Montana ARM requirements and MCA Subdivision
requirements including a Registered Land Survey’s stamp and signature.
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SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS
A. None have been identified
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: Fowler Place Subdivision preliminary plat (amended plat)
File: P-14029
Development Review Committee
The Development Review Committee (DRC) reviewed the Preliminary Plat application on May
28, June 4, and June 11, 2014; and as a result, finds that the application, with conditions, is in
general compliance with the adopted growth policy, the Montana Subdivision and Platting Act
and the Unified Development Code. On June 11, 2014 the DRC recommended conditional
approval of the preliminary plat application.
City Commission
The City Commission will make the final decision on this subdivision application. The hearing
date for the City Commission is July 14, 2014, 6 pm at 121 N. Rouse Avenue, City Hall.
SECTION 6 - STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application materials,
municipal codes, standards, and plans, public comment, and all other materials available during
the review period. Collectively this information is the record of the review. This analysis is a
summary of the completed review.
Applicable Subdivision Review Criteria, Section 38.03.040, BMC.
In considering applications for subdivision approval under this title, the advisory boards and City
Commission shall consider the following:
1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and
Platting Act
The subject property has been surveyed and platted in conformance with the Montana
Subdivision and Platting Act and prepared as a preliminary plat in accordance with the state
statute and the Bozeman Municipal Code. Prior to filing of any plat(s) for this subdivision, the
plat(s) must comply with the survey requirements in Part 4 of the Montana Subdivision and
Platting Act and will be filed in the Gallatin County Clerk & Recorder's Office upon review and
approval by City staff.
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2) 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 Chapter 38, BMC,
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.
3) Compliance with the local subdivision review procedures provided for in Part 6 of
the Montana Subdivision and Platting Act
The hearings before the City Commission have been properly noticed, as required by the
Bozeman UDC. Based on the recommendation of the DRC and other applicable review
agencies, as well as any public testimony received on the matter, the City Commission will make
the final decision on the applicant’s request.
4) Compliance with Chapter 38, BMC and other relevant regulations
Based on review of the DRC and the Department of Community Development, all applicable
regulations appear to be met when all proposed conditions and code requirements are met.
Pertinent code provisions and site specific requirements are included in this report for City
Commission consideration.
5) The provision of easements to and within the subdivision for the location and
installation of any necessary utilities
As noted under Staff Finding No. 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.
6) The provision of legal and physical access to each parcel within the subdivision and
the notation of that access on the applicable plat and any instrument transferring the
parcel
The proposed lots meet the minimum lot width and frontage requirements. In addition, the lots
will gain access from internal local streets and not along Fowler Avenue. The final plat shall
include a one-foot no-access easement along Fowler Avenue for Lot 9-A and Lot 9-B. A
temporary no-build restriction shall be placed on Lot 9-B for public and emergency access until
all internal streets and alleys are connected south to Cascade Street. A change to street access
and easement locations would be a material change to the subdivision and require additional
review before final plat approval could be granted.
Primary Subdivision Review Criteria, Section 76-3-608
1) The effect on agriculture
The subject property is designated as “Residential” according to the City of Bozeman
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Community Plan. The subject property is zoned for residential development and has not been in
agricultural production for many years. Therefore, this subdivision will not have adverse effects
on agriculture.
2) The effect on Agricultural water user facilities
The original Fowler Place subdivision had a Section Line Ditch located on the western edge of
the property. During the 2006 approval process, the Farmer’s Canal Company recommended that
the ditch be piped and located under Fowler Avenue. The Fowler Place minor subdivision will
not impact the current ditch as it is piped on the west side of Fowler Avenue.
3) The effect on Local services
Water/Sewer – The minor subdivision will not have any adverse impacts to existing water and
sewer capacities as the current systems will be able to adequately handle the flows from the
additional single-household lot. Lot 9-A has existing water and sewer service lines. However,
Condition 3 notes that water and sewer connections and other service utilities shall not be
required at this time as part of the plat; however, utilities shall be stubbed into Lot 9-B prior to
the no build restriction being lifted as required by the City Engineering and Water/Sewer
Departments.
Streets – Access to the subdivision is from Durston Road and Fowler Avenue. However,
vehicular access to Lots 9-A and 9-B will be from the alley; pedestrian access will be from the
sidewalk fronting Fowler Avenue.
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 Engineering Department prior to
filing the final plat to facilitate emergency response to the site.
Stormwater – Stormwater was addressed with the final plat for the original subdivision; the
additional single-household lot will not adversely impact the existing stormwater system.
Parklands – The 2006 final plat addressed parkland dedication requirements including the
acceptance of cash-in-lieu of funds for developing an asphalt path on the west side of Fowler
Avenue. This is a minor subdivision and therefore, exempt from parkland dedication
requirements.
4) The effect on the Natural environment
The minor subdivision will have no adverse impacts to the natural environment as the original
subdivision mitigated impacts related to relocating artificially created wetlands. A noxious weed
management plan was approved by the Gallatin County Weed Control District in 2006.
5) The effect on Wildlife and wildlife habitat
The minor subdivision will have no adverse impacts to wildlife or wildlife habitat as the original
parcel was located within a platted and improved subdivision.
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6) The effect on Public health and safety
The minor subdivision will have no adverse impacts to public health and safety as lots will be
connected to city water and sewer services. The temporary public and emergency access on Lot
9-B will allow emergency service provider’s legal access into the subdivision.
Preliminary Plat Supplements
The DRC granted waivers to the following items during the pre-application process as the final
plat, which was filed and recorded in 2006, addressed all platting supplement items.
38.41.060.A.1 Surface Water
Waiver granted. No surface water exists on the site. A piped ditch is along the west side of
Fowler Ave. Other related issues were addressed at the time of the original subdivision review.
38.41.060.A.2 Floodplains
Waiver granted. The development is located outside of the floodplain as determined during the
original subdivision review.
38.41.060.A.3 Groundwater
Waiver granted. A report was submitted with the original subdivision application indicating
groundwater at 8.7 - 9.4 feet.
38.41.060.A.4 Geology, Soils and Slopes
Waiver granted. A geotechnical report was provided with the original subdivision application.
38.41.060.A.5 Vegetation
Waiver granted. The subdivision has an approved Memorandum of Understanding with the
Gallatin County Weed Control District.
38.41.060.A.6 Wildlife
Waiver granted. As part of the original application FWP indicated the parcel was too small to
provide mitigation for impacts.
38.41.060.A.7 Historical Features
Waiver granted. An original search of the Historic Preservation Office cultural resources
inventory did not indicate any historical features.
38.41.060.A.8 Agriculture
Waiver granted. The property is too small for agricultural uses.
38.41.060.A.9 Agricultural Water User Facilities
Waiver granted. No agricultural water features exist on the site. The original application piped
the Section Line Ditch on the west side of Fowler Avenue; all necessary permits were acquired.
38.41.060.A.10 Water and Sewer
Waiver granted. City of Bozeman utilities are present within the subdivision.
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38.41.060.A.11 Stormwater Management
Waiver granted. The subdivision has an approved stormwater management plan, no changes are
proposed at this time.
38.41.060.A.12 Streets, Roads and Alleys
Waiver granted. The subdivision has access from Fowler Avenue to the west and Lots 9-A and
9-B have access from an alley to the east; no changes to internal streets are proposed
38.41.060.A.13 Utilities
Waiver granted. The site is already served by existing municipal infrastructure.
38.41.060.A.14 Educational Facilities
Waiver granted. The school district provided a letter with the original application stating capacity
existed. The minor subdivision will generate only a single additional residential unit.
38.41.060.A.15 Land Use
Waiver granted. The subdivision complies with zoning and the Bozeman Community Plan.
38.41.060.A.16 Parks and Recreation Facilities
Waiver granted. Parks and recreation facilities were reviewed in the original subdivision
application. A minor subdivision is exempt from parkland dedication.
38.41.060.A.17 Neighborhood Center Plan
Waiver granted. The project as proposed would not require a neighborhood center.
38.41.060.A.18 Lighting Plan
Waiver granted. A lighting plan was submitted and approved as part of the original subdivision.
No deviations from the plan were submitted with this application.
38.41.060.A.19 Miscellaneous
Waiver granted. The subdivision will not impact public lands nor is it anticipated that it will
create any new hazards.
38.41.060.A.20 Affordable Housing
Waiver granted. The affordable housing ordinance is not applicable.
APPENDIX A –ADVISORY CODE CITATIONS
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. It is the duty of the applicant
to submit plans and other materials which conform to all standards. Submittal of inaccurate or
incomplete materials may delay review of the application or prohibit its approval.
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APPENDIX B – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property is zoned R-1 (Residential Single -Household Low Density District). The
intent of the R-1 district is to provide for primarily single-household residential development and
related uses within the city at urban densities, and to provide for such community facilities and
services as will serve the area's residents while respecting the residential character and quality of
the area.
Adopted Growth Policy Designation:
The property is designated as “Residential” in the Bozeman Community Plan. The Plan
indicates that “This category designates places where the primary activity is urban density
dwellings. Other uses which complement residences are also acceptable such as parks, low
intensity home based occupations, fire stations, churches, and schools. The residential
designation indicates that it is expected that development will occur within municipal
boundaries, which may require annexation prior to development.”
All residential housing should be arranged with consideration of compatibility with adjacent
development, natural constraints such as watercourses and steep slopes, and in a fashion which
advances the overall goals of the Bozeman growth policy.
APPENDIX C – DETAILED PROJECT DESCRIPTION AND BACKGROUND
Project Description: Minor subdivision plat for the Fowler Place subdivision to subdivide Lot 9
of Block 2, consisting of 0.328 acres, into 2 single-household residential lots (R-1). Lot 9-B will
remain a non-buildable lot to allow for temporary public and emergency access until the streets
and alleys are extended south to Cascade Street. The subdivision is located north of Cascade
Street, east of Fowler Avenue, south of Durston Road, west of Christopher Way, legally
described as an Amended Plat of Lot 9 of Fowler Place Subdivision, situated in the W1/2,
NW1/4, NE1/4 of Section 2, Township 2S, Range 5E, of P.M.M, City of Bozeman, Gallatin
County, Montana.
Project Background The subject property was originally platted as the Fowler Place major
subdivision in 2006 for single-household residential lots. A preliminary plat application was
submitted on May 7, 2014 and was amended/revised and deemed acceptable on May 14, 2014.
APPENDIX D – NOTICING AND PUBLIC COMMENT
The application was reviewed by the DRC on May 28, June 4 and June 11, 2014 and the DRC
provided a favorable recommendation on the application to the City Commission.
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Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday, June 8,
2014. The site was posted with a public notice on June 8, 2014. Public 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 June 8, 2014.
No public comments have been received as of the writing of this staff report.
APPENDIX E – OWNER INFORMATION AND REVIEWING STAFF
Owner: Jim and Sylvia Grindley, 320 Flower Ave., Bozeman, MT 59718
Applicant: Jim and Sylvia Grindley, 320 Flower Ave., Bozeman, MT 59718
Representative: Sanderson Stewart, 106 E. Babcock, Bozeman, MT 59715
Report By: Tom Rogers, AICP, Associate Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified.
ATTACHMENTS
1. Staff Report
2. Applicant’s submittal materials
3. Supporting documentation
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
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