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HomeMy WebLinkAboutFowler Place Findings of Fact and Order_5 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Tom Rogers, Associate Planner Wendy Thomas, Director of Community Development SUBJECT: Fowler Place Minor Subdivision Preliminary Plat P14029 Findings of Fact and Order MEETING DATE: August 25, 2014 AGENDA ITEM TYPE: Consent RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the Fowler Place Minor Subdivision Preliminary Plat Application. BACKGROUND: On July 14, 2014, the City Commission held a public hearing on an application for preliminary plat approval for the Fowler Place Minor Subdivision. The Commission unanimously approved (4:0; Mayor Krauss authorized absence) 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: August 4, 2014 24 Fowler Place Minor Subdivision – Findings of Fact and Order 1 Return To: City of Bozeman Department of Community Development P.O. Box 1230 Bozeman, MT 59771-1230 BEFORE THE BOZEMAN CITY COMMISSION IN THE MATTER OF THE APPLICATION OF JIM AND SYLVIA GRINDLEY PRELIMINARY PLAT REVIEW OF THE FOWLER PLACE 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 July 14, 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 0.328 acres. The project is generally located 308 Fowler Avenue and is located at the sound end of the Fowler Place Subdivision, northeast of Cascade Street, east of Fowler Avenue. 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: 25 Fowler Place Minor Subdivision – Findings of Fact and Order 2 I. FINDINGS OF FACT The complete application for the preliminary plat review of the Fowler Place Minor Subdivision was submitted to the City of Bozeman Department of Community Development on May 7, 2014 and amended and deeded acceptable on May 14, 2014. The preliminary subdivision plat, as proposed, will further subdivide (replat) one existing lot consisting of 0.328 acres and create a minor subdivision containing two (2) single-household residential lots. The subject property is legally described as 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 Two South (T2S), Rang Five East (R5E), P.M.M. City of Bozeman, Gallatin County, Montana. II. A notice of public hearing for this application was published 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 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 June 8, 2014. One public comment was received prior to the public hearing expressing concern that the emergency access remain on the proposed Lot 9-B. 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 Fowler Place Minor Subdivision was considered by the City Commission at a public hearing on July 14, 2014 at which time the Department of Community Development Staff reviewed the project and reported that one public comment had been received prior to the hearing in response to the noticing on the matter of this preliminary plat application. Lauren Waterton, with Sanderson Stewart, Inc., representing Jim and Sylvia Grindley discussed the design of the subdivision and indicated the applicant’s agreement with the 26 Fowler Place Minor Subdivision – Findings of Fact and Order 3 recommended conditions of approval and stating the emergency access easement will remain until the required further roadways are developed. 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, 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 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. Effects 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 Department. 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 City Engineer’s Office prior to filing the final plat to facilitate emergency response to the site. 27 Fowler Place Minor Subdivision – Findings of Fact and Order 4 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 4. Effects on the Natural Environment - 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. In addition, minor subdivision are exempt from parkland dedication requirements. The minor subdivision will have no adverse impacts to the natural environment as the original subdivision mitigated impacts related to relocating artificially created wetlands. 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 The 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 Fowler Place subdivision. 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. C. Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act 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. 28 Fowler Place Minor Subdivision – Findings of Fact and Order 5 D. Compliance with the local subdivision review procedures provided in Part 6 of the Montana Subdivision and Platting Act A preliminary plat application was submitted on May 7, 2014. The Application was amended and deeded acceptable on May 14, 2014. 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. A notice of public hearing for this application was published 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 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 June 8, 2014. One public comment was received prior to the public hearing expressing concern that the emergency access remain on the proposed Lot 9-B. On July 3, 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 July 14, 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 August 7, 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 9 of Fowler Place 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. 29 Fowler Place Minor Subdivision – Findings of Fact and Order 6 ORDER THEREFORE, IT IS HEREBY ORDERED, on a vote of 4-0, that the Preliminary Subdivision Plat of Lot 9 of Fowler Place Minor Subdivision be approved, subject to the following conditions: 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. 30 Fowler Place Minor Subdivision – Findings of Fact and Order 7 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 31