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HomeMy WebLinkAbout14- Meadows Minor Subdivision - John and Laree Living Trust Finding of Fact and Order 2484593 Paee: 1 of 11 06/27/2©14 02 33:37 PM Fee $77 00 Charlotte Mills - Gallatin County, MT MI5C IIIIIII IIIIII III IIIII llll IIIII IIIIII IIII IIII IIIII Illll(Ilnl III IIIII Illll IIII IIII IIII City of Bozeman-City Clerk P.O. Box 1230 Bozeman, NIT 59771-1230 BEFORE THE BOZEMAN CITY COMMISSION IN THE MATTER OF THE APPLICATION OF JOHN AND LAREE LIVING TRUST FOR PRELIMINARY FINDING OF FACT PLAT REVIEW OF THE MEADOWS MINOR AND ORDER SUBDIVISION,CITY OF BOZEMAN,GALLATIN COUNTY, MONTANA 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 April 21,2014, on the above-entitled application. The applicant presented to the City Commission a proposed preliminary plat to subdivide (replat) one (1) existing lot, containing approximately 16,744 square feet, described as Lot 146 of Valley West Subdivision Phase 3D, Located in the Northwest One-Quarter (NW '/) of Section 10. Township Two South (T2S), Range Five East (R5E), PMM, City of Bozeman, Gallatin County, Montana. The project is generally located on the northwest corner of Kimball Avenue and Tilton Street. The purpose of the public hearings 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: The Meadows Minor Subdivision—Findings of Fact and Order 1 FINDINGS OF FACT 1. The complete application for the preliminary plat review of The Meadows Minor Subdivision was submitted to the City of Bozeman Department of Community Development on January 31, 2014 and after the receipt of additional required information was deemed acceptable for initial review on March 3. 2014. The preliminary subdivision plat, as proposed, will further subdivide (replat) one existing lot consisting of 16,744 square feet and create a minor subdivision containing five (5) lots for single-household residential townhome construction. The subject property is legally described as Lot 146 of Valley West Subdivision Phase 3D, Located in the Northwest One-Quarter (NW '/4) of Section 10, Township Two South (T2S), Range Five East(R5E), PMM, City of Bozeman, Gallatin County, Montana. The project is generally located on the northwest corner of Kimball Avenue and Tilton Street. II. A notice of public hearing for this application was published in the Bozeman Daily Chronicle on Sunday, April 6, 2014. The site was posted with a public notice on April 4, 2014. Public notice was sent to physically 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 April 3, 2014. No public comment was received prior to the public hearings. 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 major subdivision, zoning, existing infrastructure, physical features,and provisions for parkland. IV. The matter of the preliminary plat application for The Meadows Minor Subdivision was considered by the City Commission at a public hearing on April 21, 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. Chris Budeski, P.E. with Madison Engineering, Inc., representing the John and Laree Living Trust discussed the design of the subdivision and indicated the applicant's agreement The Meadows Minor Subdivision—Findings of Fact and Order 2 with the recommended conditions of approval stressing the purpose of the subdivision is to convert the originally contemplated condominium ownership into townhome ownership with no change in the number of units or density of the site. 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. V1. 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, 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 There are no agricultural water user facilities on this property. Any impacts caused by development in the area have been addressed with the previous subdivision and all necessary easements are in place. Therefore, the proposed subdivision will have minimal impacts on agricultural water user facilities. 3. Effects on Local Services Water/Sewer—Municipal water and sewer mains exist in the adjacent street right-of-ways. Each lot will connect to the existing water and sewer mains designed to the appropriate design standard shall be located in the standard location as approved by the water/sewer superintendent. The proposed density is identical to that previously approved for the site therefore; little if any additional impacts on local services will be caused by this subdivision. Streets — The Development Review Committee has determined that the adjacent streets have capacity to accommodate this development. Following new water and service line installations to accommodate the new lots/development, the adjacent streets will be required to be repaired to City standards. All street improvements will be constructed to acceptable City standards with curb, gutter, pavement, boulevard sidewalks and storm water facilities. The Meadows Minor Subdivision—Findings of Fact and Order 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 tiling 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 as part of the site plan for this development. Parklands - The Development Review Committee waived the Parks & Recreation Facilities supplement based on the parkland dedicated with the parent subdivision. The applicant proposed utilizing previously dedicated parkland credits from the original Valley West Subdivision to meet Section 38.27.BMC. No additional density is proposed. 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 with the protective covenants and compliance with the conditions of approval. 5. Effects on Wildlife and Wildlife Habitat Tile further subdivision of the existing lots will have minimal impacts on wildlife and wildlife habitat. There are no known wildlife species on this property. The impacts to the more important habitat areas were addressed and mitigated during the review of the Valley West subdivision and are preserved as open space and parklands. Finally, 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. 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 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 property in question 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, said 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. The Meadows Minor Subdivision—Findings of Fact and Order 4 C. Compliance with the local subdivision regulations provided for in Part a 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. The following requirements are standards of the UDC and shall be addressed with the final plat application: 1. Pursuant to Section 38.06.040.A.5.f of the BMC, conditional approval of the Preliminary Plat shall be in force for not more than one calendar year for minor 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 a mutually agreed-upon period of time. 2. Section 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. Application fees are required for an improvements agreement application at $400 or 1% of the amount to be guaranteed, whichever is greater. 3. Section 38.39.030.B.2, BMC "Sidewalks". The final plat and property owner's association documents shall include language stating that "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 unless otherwise provided for in a building permit restriction and improvements agreement." 4. Final plats shall contain the applicable language for all certificates listed in Sections 38.06.020 through 38.06.110. 5. Section 38.26.050.E "Street Frontage"—The property owners' association documents shall contain language stating that all street rights-of-way contiguous to or within the proposed development site not used for street pavement, curbs, gutters, sidewalks or driveways (i.e., street boulevards) shall be landscaped, as defined in the Bozeman Municipal Code, and shall include one (1) large canopy tree for each 50 feet of total street frontage rounded to the nearest whole number. For street trees, a City of Bozeman planting permit for street trees and obtaining utility locates is required before any excavation begins in the City of Bozeman right-of-way. The covenants shall include a planting note stating that the planting hole shall be at least twice the diameter of the root ball, that the root flare of the newly planted tree is visible and above ground, and there should be a mulch ring 3% 4' in diameter around each newly planted boulevard tree. The Meadows Minor Subdivision—Findings of Fact and Order 5 6. Section 38.23.050 "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. 7. Section 38.23.120 - If mail will not be to each individual lot within the development, the developer shall provide an off-street area for mail delivery within the development in cooperation with the United States Postal Service. All cluster mail boxes must be ADA accessible and placed accordingly. It shall not be the responsibility of the City to maintain or plow any mail delivery area constructed within a City right-of-way. 8. Section 38.39.030.B.2 "Sidewalks" — The final plat and property owners' association documents shall include language stating that "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." 9. Section 38.41.050.A.8 — A Memorandum of Understanding shall be entered into by the Weed Control District and the subdivider for the control of County declared noxious weeds and a copy provided to the Community Development Department prior to final plat approval. 10. Pursuant to Section 38.41.070.A/5, BMC "Irrigation System As-Builts" - The developer shall provide irrigation system as-builts for all irrigation installed in public rights-of-way once the irrigation system is installed. The as-builts shall include the exact locations and type of lines, including accurate depth, water source, heads, electric valves, quick couplers, drains and control box. IL Section 38.21.080.A, BMC Cleanup of property"' - The subdivider shall ensure that all construction material and other debris are removed from the subdivision prior to final plat approval, or prior to release of said financial guarantee, if an Improvements Agreement is necessary with the final plat. 12. Pursuant to City of Bozeman Design Standards and Specification Policy, Street Naming and Addressing, the developer shall make arrangements with the City Engineer's office to provide addresses for all individual lots in the subdivision prior to filing of the final plat. 13. Section 38.27.090 "Waiver of Park Maintenance District" — Prior to final plat approval executed waivers of right to protest the creation of special improvement districts (SIDs) for a park maintenance district will be required to be filed and of record with the Gallatin County Clerk and Recorder, unless already filed with annexation. 14. Section 34.04.010, BMC requires City standard sidewalk to be installed and properly depicted at the standard location (i.e. 1 foot off property line) along the street(s) frontage. Any deviation to the standard alignment or location must be approved by the City Engineer. The Meadows Minor Subdivision—Findings of Fact and Order 6 D. Compliance with the local subdivision review procedures provided in Part 6 of the Montana Subdivision and Platting Act A subdivision pre-application was submitted on November 27. 2013. The pre-application was reviewed by the DRC on December 18, 2013 and January 8, 2014 and summary review comments were forwarded to the applicant in preparation of the preliminary plat application and granted numerous supplemental information waivers under 38.41.060, BMC. A preliminary plat application was submitted on January 31, 2014. Additional information was required per Title 38 of the Bozeman Municipal Code (BMC). After receiving additional information on February 19 and 24, 2014 the application was deemed acceptable for initial review on February 25, 2014. The preliminary plat was reviewed by the DRC on March 12 and 19, 2014. The DRC and Staff determined the submittal contained detailed, supporting information that is sufficient to allow for the review of the proposed subdivision on March 19, 2014. Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday, April 6, 2014. The site was posted with a public notice on April 4, 2014. Public notice was sent to physically 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 April 3, 2014. No comment has been received as of the production date of this report. On April 10, 2014 this subsequent minor subdivision staff report was drafted and forwarded with a recommendation of conditional approval by the Planning Director for consideration by the City Commission is scheduled to make a final decision at their April 21, 2014 public hearing. A subsequent minor subdivision is subject to the review time of a major subdivision. The final decision for a Major Subdivision Preliminary Plat must be made within 60 working days of the date it was deemed adequate; or in this case by June 12, 2014. E. Provision for easements for the location and installation of any planned utilities 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 legal and physical access meeting minimum standard shown on the preliminary plat pursuant to Section 38.24.090.B.2, BMC. Pursuant to Section 38.24.090.A, BMC, plats shall contain a statement requiring lot accesses to be built to the standard contained in this section, the city design standards and specifications policy, and the city modifications to state public works standard specifications. VII. After considering all matters of record presented at the public hearing, the City Commission found that preliminary plat for Lot 146 of Valley West Subdivision Phase 3D 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 Meadows Minor Subdivision—Findings of Fact and Order 7 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 Lot 146 of Valley West Subdivision Phase 3D 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 1'/z" 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 separate document from the Plat. This accompanying sheet may either be on a same sized mylar sheet or a letter or legal paper document with up to 1 Ix17 exhibits. 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 final plat shall provide all necessary utility easements and shall be described, dimensioned and shown on the final plat in their true and correct location. Any rear or side yard utility easements not provided will require written confinnation from ALL utility companies providing service indicating that rear or side yard easements are not needed. 4. 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. 5. Pursuant to Section 38.24.090.B.2, BMC, legal and physical access shall be provided by an improved alley and a greenway corridor trail with public access. Applicant shall continue the construction of the existing 5 foot concrete sidewalk within the Valley West Phase 3D Open Space No. 10 adjacent to the subject property to Kimball Avenue boulevard sidewalk to City standards. This option may require additional improvements to the alley to accommodate emergency access, snow removal and storage, and the provision of utilities. The Meadows Minor Subdivision—Findings of Fact and Order 8 The alley may also require signage for the provision of emergency services. 6. 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 38.39.020.A.I of the Unified Development Ordinance. This shall be submitted as part of the final site plan for site developments, or with infrastructure plans for subdivisions. It shall be the responsibility of the applicant to ensure that the construction traffic follows the approved routes. 7. All construction activities shall comply with section 38.39.020.A.2 of the Unified Development Ordinance. This shall include routine cleaning/sweeping of material that is dragged to adjacent streets. The City may require a guarantee as allowed for under this section at any time during the construction to ensure any damages or cleaning that are required are complete. The developer shall be responsible to reimburse the City for all costs associated with the work if it becomes necessary for the City to correct any problems that are identified. 8. All water and sewer service lines shall be located in the standard location as approved by the water/sewer superintendent. The Meadows 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 i ryl 2014. BOZEMAN CITY COMMISSION J Y K. KRAUSS ayor ATTEST_, ' �0ZE �1�;' STAC City C er .'` . . • ' �`` 'ILt.AT�~ APPROVED AS TO FORM: G SULLIVA City Attorney The Meadows Minor Subdivision—Findings of Fact and Order 10 fiv6 e � so• l N F A n — L----------- i �l;�� a• � cw.�izn M.rox.°os I ° < �B���E � �3 � � $ �� � � � 6¢ Rt .v, (a�.uzn-x,.w.vz,aos I p 3¢SSS 3 � Se p � € 5 W y Id fit R; g Ki lYy SR I o �5 !g{{ E I E3EHEE a n' cfr ® � Ei6I b � , �rv(mvua.mx.auN `---------- Vy. 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