HomeMy WebLinkAboutTrout Meadows Phase 3 Major Subdivision Findings of Fact and Order_7
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Wendy Thomas, Director of Community Development SUBJECT: Trout Meadows Phase 3 Major 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
Trout Meadows Phase 3 Major 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 Trout Meadows Phase 3 Major 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
70
Trout Meadows, Phase 3, Major 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
REMAINDER AT TROUT MEADOWS, LLC, FOR PRELIMINARY PLAT REVIEW OF THE TROUT MEADOWS, PHASE 3, MAJOR 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 (MCA), City of Bozeman Growth Policy, and Chapter 38,
Bozeman Unified Development Code, Bozeman Municipal Code (BMC), public hearings were
scheduled, after notice given, before the Bozeman City Planning Board on April 15, 2014, and
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 aggregate ten (10)
lots into two (2) lots in Block 5 and to aggregate eleven (11) lots and relocate open space in
Block 6 and to remove the existing Restricted Size Lot (RSL) designations from certain lots
within these blocks in the Cattail Lake Subdivision, Phases 1 and 2.
The purpose of the public hearings was to consider all relevant evidence relating to public
health, safety, and welfare, including the required supplemental information, recommendation of
the Development Review Committee, and recommendation of the Bozeman City Planning Board
71
Trout Meadows, Phase 3, Major Subdivision – Findings of Fact and Order 2
to determine whether the plat should be approved, conditionally approved, or disapproved.
Collectively, all application materials, Staff analysis, public comments, presentations before
advisory boards, recommendations of advisory boards and applicable regulations are the record
of the review.
It appeared to the City Commission that all parties and the public wishing to appear and
comment were given the opportunity to do so, and therefore, being fully advised of all matters
having come before it regarding this application, the City Commission makes the following
Findings of Fact, as required:
FINDINGS OF FACT
I.
The application for the preliminary plat review of the Trout Meadows, Phase 3, Major
Subdivision was submitted to the City of Bozeman Department of Community Development on
February 24, 2014 and deemed acceptable for initial review on March 5, 2014 pursuant to
Chapter 38 of the Bozeman Municipal Code. The preliminary subdivision plat, as proposed, will
aggregate ten (10) lots into two (2) lots in Block 5 and to aggregate eleven (11) lots and relocate
open space in Block 6 and to remove the existing Restricted Size Lot (RSL) designations from
certain lots within these blocks in the Cattail Lake Subdivision, Phases 1 and 2. The subject
property is legally described as Lots 1-10 in Block 5 and Lots 1-11 & Open Space Public Access
(OSPA) 1 in Block 6 of the Plat of Cattail Lake Subdivision, Phases 1 & 2, located in the SW ¼
of Sec. 26, T1S, R5E, P.M.M., City of Bozeman, Gallatin County, Montana. Block 5 is
generally located north of Catamount Street, between Fen Way and Blackbird Drive. Block 6 is
generally located south of Trout Meadows Road, between Fen Way and Davis Lane.
II.
A notice of public hearings before the City of Bozeman Planning Board and the Bozeman
City Commission was published in the Bozeman Daily Chronicle on Sunday, March 30, 2014.
The site was posted with a public notice on March 28, 2014. Public notice was sent to adjacent
property owners via certified mail, return receipt requested, and to all other property owners of
record within 200 feet of the subject property via first class mail, on March 28, 2014.
72
Trout Meadows, Phase 3, Major Subdivision – Findings of Fact and Order 3
III.
The matter of the preliminary plat application for the Trout Meadows, Phase 3, Major
Subdivision was considered by the City of Bozeman Planning Board at a public hearing on April
15, 2014. 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 major subdivision, zoning,
existing infrastructure and physical features.
The Department of Community Development Staff reported that no public comment had
been received prior to the hearing in response to the noticing on the matter of this preliminary
plat application. The public hearing portion was then opened to hear public testimony on the
matter of the preliminary plat application. No public testimony was received. Seeing no public
testimony, the Planning Board then closed the public comment portion on the matter of the
preliminary plat application.
The Planning Board then considered the Department of Community Development Staff
report, public record, the applicant’s testimony, and weighed the proposed subdivision against
the primary criteria for consideration of subdivisions established in 76-3-608, MCA. Having
completed their review they found that the required review criteria were met with the imposition
of the Staff recommended conditions and identified code provisions. Therefore, they forwarded a
recommendation of approval to the City Commission through Planning Board Resolution
P14011.
IV.
The matter of the preliminary plat application for the Trout Meadows, Phase 3, Major
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
forwarded the Planning Board’s recommendation of conditional approval of the application.
Dave Crawford, TD&H Engineering, representing Remainder at Trout Meadows, LLC,
indicated the applicant’s agreement with the recommended conditions of approval. Scott Hacker,
representing Remainder at Trout Meadows, LLC, gave more detailed comments regarding the
original subdivision design and the original RSL designations.
73
Trout Meadows, Phase 3, Major Subdivision – Findings of Fact and Order 4
V.
The public hearing portion was then opened to hear public testimony on the matter of the
preliminary plat application. Seeing no 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 minutes of the Planning Board, Department of
Community Development Staff report, public record, the applicant’s 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 “Residential” according to the City of Bozeman
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. Effects on Agricultural Water User Facilities
No effects on agricultural water user facilities have been identified.
3. Effects on Local Services
Water/Sewer – Municipal sanitary and water mains have been previously constructed to serve
these blocks within the adjacent street right-of-ways and alleys. The existing sewer and water
service stubs that were previously installed to the individual lots that will no longer be utilized
will have to be removed as noted in Engineering Department condition #8.
Streets –The streets and alleys that provide access to these blocks have been previously
constructed and are not proposed to be altered as part of this preliminary plat. Street lights were
previously installed as part of the original subdivision and street infrastructure.
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 properties.
Stormwater – Stormwater management for these blocks and the existing streets and alleys were
addressed as part of the original subdivision development. The applicant is on notice that with
74
Trout Meadows, Phase 3, Major Subdivision – Findings of Fact and Order 5
any future development of the lots, the existing stormwater facilities will be evaluated to meet
City design standards and may required future improvements prior to any City Engineering
Department approval.
Parklands – The applicant was required to demonstrate that parkland had been previously
dedicated to accommodate the potential additional number of apartment units this lot
reconfiguration would allow compared to the previous lot layout and anticipated development.
Based on the proposed 48 apartment units the applicant has submitted as part of Site Plan
Application Z14042, compared to the original 21 lots, the additional 27 units would require an
additional .81 acres of parkland (27 units X.03 acres).
The applicant had previously dedicated, and was credited with, 13.14 acres of parkland lying to
the north across Trout Meadows Road which encompasses Cattail Lake and an additional park
area to the east. With the additional 27 units, a total of 10.95 acres of parkland is required to
serve the applicant’s three phases of Trout Meadows and there remains a balance of 2.19 acres of
additional parkland having been provided.
As part of this preliminary plat, the applicant has proposed to relocate the existing Open Space
Public Access (OSPA) mid block crossing on Block 6 along Trout Meadows Road
approximately seven feet to the west in order to better accommodate their Phase 3 site plan. Staff
has reviewed this slight adjustment and does not see any problem with this shift in location. As
noted in condition #5, this mid block open space shall be labeled as OSPA (Open Space Public
Access) as originally shown on the Cattail Lake Phase 1 and 2 Subdivision. All notes and
references to this open space on the plat shall be consistent with the original plat designation.
Sidewalk construction, in accordance with Section 38.23.040.D.3 BMC, within the two mid
block OSPA areas to the adjacent street sidewalks, shall be installed or financially guaranteed
prior to final plat approval in accordance with Section 38.39.030.B.2.a BMC.
4. Effects on the Natural Environment
This property is located in an area of the City which has been identified and developed for urban
residential uses. The Community Development Department has not identified any natural
environment features that would be impacted with this subdivision.
5. Effects on Wildlife and Wildlife Habitat
75
Trout Meadows, Phase 3, Major Subdivision – Findings of Fact and Order 6
No known endangered species or critical game ranges have been identified on the subject
property. This property has been identified and developed for urban purposes in a location of the
City which essentially eliminates the potential for development of any wildlife habitat.
6. 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. 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, M.C.A. and as a
result, the DRC 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 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 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.
C. Compliance with the local subdivision regulations provided for in Part 5 of the
Montana Subdivision and Platting Act
The preliminary plat has been reviewed in accordance with the subdivision requirements of the
BMC. Staff has included recommended conditions of approval and advisory code citations that
must be addressed as part of the final plat application for this project.
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.
The following requirements are standards of the UDC and shall be addressed with the final plat
application:
76
Trout Meadows, Phase 3, Major Subdivision – Findings of Fact and Order 7
a. Pursuant to Section 38.06.040.D.6 of the BMC, conditional approval of the Preliminary Plat
shall be in force for not more than one calendar year for minor subdivisions, two years for
single-phased major subdivisions and three years for multi-phased major subdivisions. Prior
to that expiration date, the developer may submit a letter of request for the extension of the period to the Community Development 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 §38.41.060, BMC. b. 38.23.050 BMC “Utilities” - Utilities shall be placed underground, wherever technically and
economically feasible. If overhead utility lines are used, they shall be placed along the rear
property line.
c. 38.23.060.B BMC “Private Utilities” – The final plat and homeowner’s association documents shall contain a note stating that if a utility easement is greater than the building setback required by Chapter 38, BMC said easement shall apply. All utility easements shall
be noted on the Final Plat for each typical subdivision lot/block.
d. 38.26.070 BMC “Landscaping of Public Lands” - Requires the subdivider to install
irrigation, turf grass and street trees on the portions of open space and parkland adjacent to public streets. Trees may not be located within 10 feet of sewer and water services. Sewer and water services shall be shown on the landscaping plan of the park and open space plan,
and be approved by the Water/Sewer Superintendent. A landscape plan prepared by a
certified nurseryperson shall be submitted, identifying the location and tree species to be
installed by the developer, prior to installation of the trees or prior to final plat approval, whichever comes first. e. 38.39.030 BMC “Completion of Improvements” - If it is the developer’s intent to file the plat
prior to the completion of all required improvements, 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.
f. Article 6 BMC. The certificates listed in Section 38.06.020 through 38.06.110 shall be shown
on the final plat as appropriate. g. Section 38.41.080.g.7 BMC requires the location of and distinction between existing and proposed sewer and water mains and all easements shall be clearly and accurately depicted
on the plans and specs, as well as all nearby fire hydrants and proposed fire hydrants.
h. Section 38.41.020 BMC outlines additional permits that may be required beyond what is
administered by the City of Bozeman. The Montana Department of Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineer’s shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity
exemption, etc.) shall be obtained prior to plan and specification approval.
D. Compliance with the local subdivision review procedures provided in Part 6 of the
Montana Subdivision and Platting Act
77
Trout Meadows, Phase 3, Major Subdivision – Findings of Fact and Order 8
A subdivision pre-application, P14003, was submitted on January 21, 2014. The pre-application
was reviewed by the DRC on February 5, 2014 and summary review comments were forwarded
to the applicant in preparation of the preliminary plat application. The DRC granted numerous
supplemental information waivers under Section 38.41.060, BMC.
A complete preliminary plat application was submitted on February 24, 2014 and deemed
acceptable for initial review on March 5, 2014. The preliminary plat was reviewed by the DRC
on March 19, 26 and April 2, 2014. On March 26, 2014 the DRC determined the submittal
contained detailed, supporting information that is sufficient to allow for the review of the
proposed subdivision. The DRC provided a recommendation of approval to the Planning Board
and City Commission on April 2, 2014.
On April 10, 2014 this staff report with a recommendation of conditional approval was
forwarded to the Planning Board. The Planning Board will make a formal recommendation to the
City Commission at a public hearing on April 15, 2014. The City Commission is scheduled to
make a final decision at their May 5, 2014 public hearing.
The hearings before the Planning Board and City Commission have been properly noticed as
required by the BMC. Based on the recommendation of the DRC and other applicable review
agencies, as well as any public testimony received on the matter, the Planning Board shall
forward a recommendation in a Resolution to the City Commission who will make the final
decision on the applicant’s request.
E. Provision for easements for the location and installation of any planned utilities
In accordance with Section 38.23.060.A, BMC all easements, existing and proposed, have been
accurately depicted and addressed on the preliminary plat and will be required to be addressed on
the final plat. Therefore, all utilities and necessary utility easements will be provided and
depicted accordingly on the final plat.
F. Provisions of legal and physical access to each parcel
The proposed (aggregated) lots meet the minimum lot width and frontage requirements for the R-
4 zoning district. In addition, while these lots have frontage to Catamount Street and Trout
Meadows Road, the lots (future development) will gain access from the existing internal alleys.
G. Compliance with Chapter 38, BMC and other relevant regulations
78
Trout Meadows, Phase 3, Major Subdivision – Findings of Fact and Order 9
Based upon the review of the DRC, all applicable regulations appear to be met or can be met
with the recommended conditions of approval. Pertinent code provisions and site specific
requirements were included in the staff report to City Commission consideration.
VII.
After considering all matters of record, the City Commission found that preliminary plat
for the Trout Meadows, Phase 3, Major 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 4-1, that the Preliminary
Subdivision Plat of the Amended Plat of the Trout Meadows, Phase 3, Major Subdivision is
approved, subject to the following conditions:
1. The Final Plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey and Subdivision Plats (24.183.1104 ARM) and shall be accompanied by all required
documents, including certification from the City Engineer that as-built drawings for
public improvements were received, a platting certificate, and all required and corrected
certificates. The Final Plat application shall include three (3) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies; one (1) PDF copy; and five (5) paper prints. The Gallatin County Clerk & Recorder’s office
has elected to continue the existing medium requirements of 2 mylars with a 1½” binding
margin on one side for both plats and COS’s. The Clerk and Recorder will file the new
Conditions of Approval sheet as a plat sheet. 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 subdivider shall provide the necessary declaration and recitals indicating that the
property owner’s association bylaws and/or declaration of covenants, conditions and
79
Trout Meadows, Phase 3, Major Subdivision – Findings of Fact and Order 10
restrictions include this property as being part of the existing Cattail Lake Subdivision
property owners association. Any cost sharing agreements for maintenance shall be
included with the final plat.
5. The mid block open space located in Block 6 shall be labeled as OSPA (Open Space Public Access) as originally shown on the Cattail Lake Phase 1 and 2 Subdivision. All
notes and references to this open space on the plat shall be consistent with the original
plat designation. Sidewalk construction, in accordance with Section 38.23.040.D.3 BMC,
within the two mid block OSPA areas to the adjacent street sidewalks, shall be installed
or financially guaranteed prior to final plat approval in accordance with Section 38.39.030.B.2.a BMC.
6. Documentation of compliance with the parkland dedication requirements of Section
38.27.020 BMC shall be provided with the final plat. A table showing the parkland
requirements for the original Cattail Lake subdivision and the method of meeting the
parkland dedication for this subdivision shall be included on the final plat or other recordable document acceptable to the City of Bozeman.
7. The final plat shall provide all necessary utility easements and shall be described,
dimensioned and shown on each subdivision block of the final plat in their true and
correct location. Any rear or side yard utility easements not provided will require written
confirmation from ALL utility companies providing service indicating that rear or side yard easements are not needed.
8. Any unused water/sewer service stubs for this development shall be properly abandoned
per the direction of the water/sewer department. The unused stubs shall be removed or
financially guaranteed for removal prior to final plat.
9. Any areas of missing public sidewalk shall be constructed or financially guaranteed for construction prior to 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 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 two (2) years 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.
80
Trout Meadows, Phase 3, Major Subdivision – Findings of Fact and Order 11
BOZEMAN CITY COMMISSION
_________________________________
JEFFREY K. KRAUSS Mayor
ATTEST:
_______________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
81