HomeMy WebLinkAbout14- Annie Phase 2 Finding of Fact and Order Return To:
City of Bozeman 2490126
Clerk's Office Page: 1 of 9 08/26/2014 09:48:42 AM Fee- $63 00
P.O.zeman,'230 Charlotte Mills - Gallatin County, MT M I SC
MT 59771-1230 11111111111111111 111111111111111IN IN 111111111111111111111111111111111111111111 Bo
BEFORE THE BOZEMAN CITY COMMISSION
IN THE MATTER OF THE APPLICATION OF THE
FELLOWSHIP BAPTIST CHURCH FOR FINDING OF FACT
PRELIMINARY PLAT REVIEW OF THE ANNIE PHASE AND ORDER
2,LOT 5 SUSEQUENT MINOR 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 May 5, 2014, on the above-entitled application. The applicant presented to
the City Commission a proposed preliminary plat to subdivide one (1) existing lot, containing
approximately 10.92 acres, described as Lot 5 of the Annie Subdivision Phase 2, Located in the
Northeast One-Quarter (NE '/) of Section 2, Township Two South (T2S), Range Five East
(R5E), PMM, City of Bozeman, Gallatin County, Montana into two multi-household residential
lots and one lot for a community center. The project generally located northeast of the
intersection of North 27th Avenue and West Oak Street.
The purpose of the public hearing was to consider all relevant evidence relating to public
health, safety, and welfare, including the required supplemental information to determine
whether the plat should be approved, conditionally approved, or disapproved.
It appeared to the City Commission that all parties and the public wishing to appear and
comment were given the opportunity to do so, and therefore, being fully advised of all matters
having come before it regarding this application, the City Commission makes the following
Findings of Fact, as required:
The Annie Phase 2,Lot 5 Subsequent Minor Subdivision—Findings of Fact and Order 1
FINDINGS OF FACT
I.
A preliminary plat application was submitted on February 24, 2014. The application was
deemed to not include all the required elements for review. Additional information was required
per Chapter 38 of the Bozeman Municipal Code (BMC). After receiving additional information
on March 19, 2014 the application was deemed acceptable for initial review on March 27, 2014.
The preliminary subdivision plat, as proposed, will allow the further subdivision of an existing
lot of 10.92 acres to into two multi-household residential lots and one lot for a community center
generally located northeast of the intersection of North 27"'Avenue and West Oak Street.
The property is described as Lot 5 of the Annie Subdivision Phase 2, Located in the
Northeast One-Quarter (NE 11) of Section 2, Township Two South (T2S), Range Five East
(R5E), PMM, City of Bozeman, Gallatin County, Montana.
II.
Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday,
April 20, 2014. The site was posted with a public notice on April 21, 2014. Public notice was
sent to property owners of record within 200 feet of the subject property via first class mail, on
April 21, 2014. No public comment was received.
III.
The Department of Community Development Staff reviewed the project and the evidence
which justified the imposition of conditions, recommendations of the Development Review
Committee and local review agencies and the design of the minor subdivision, zoning, existing
infrastructure,physical features, and context.
IV.
The matter of the preliminary plat application for Annie Phase 2, Lot 5 Subsequent Minor
Subdivision was considered by the City Commission at a public hearing on May 5, 2014 at
which time the Department of Community Development Staff reviewed the project and reported
that no public comment had been received prior to the hearing in response to the noticing on the
matter of this preliminary plat application.
The Annie Phase 2, Lot 5 Subsequent Minor Subdivision—Findings of Fact and Order 2
Mike Balch representing the property owner and C&H Engineering discussed the design
of the subdivision and indicated the applicant's agreement with the recommended conditions of
approval.
V.
The public hearing portion was then opened to hear public testimony on the matter of the
preliminary plat application. No members of the public commented on the application. Seeing
no further public testimony, the City Commission then closed the public comment portion on the
matter of the preliminary plat application.
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, and has previously undergone
subdivision review and approval, and has begun to be developed. Therefore, this subsequent
subdivision will not have adverse effects on agriculture.
2. Effects on Agricultural Water User Facilities
No agricultural water user facilities were identified on the subject property. As noted under
criteria one above the property is designated as a residential area according to the City of
Bozeman Community Plan. The area is zoned for residential development, has previously
undergone subdivision review and approval, and has begun to be developed. Therefore, this
subsequent subdivision will not have adverse effects on agricultural water user facilities.
3. Effects on Local Services
Water/Sewer — Municipal water and sewer mains exist in the adjacent right-of-ways. No
additional water and sewer mains are required to service the proposed subdivision at this time.
Each lot will connect to the newly constructed water and sewer mains designed to the
appropriate design standard and shall be located in the standard location as approved by the
water/sewer superintendent upon further development. The water/sewer infrastructure for the
platted lots of this subdivision will specifically be called out in the no-build restriction recorded
with the plat. No construction can occur on these platted lots until the water/sewer infrastructure
has been installed at City standards.
Streets — The DRC has determined that the adjacent streets, when developed to City standards,
have capacity to accommodate this development. Following new water and service line
installations to accommodate the new lots/development, all street improvements will be
The Annie Phase 2, Lot 5 Subsequent Minor Subdivision—Findings of Fact and Order
constructed to acceptable City standards with curb, gutter, pavement, boulevard sidewalks and
storm water facilities. The street infrastructure for the platted lots of this subdivision will be
specifically called out in the no-build restriction recorded with the plat. No construction can
occur on these platted lots until the surrounding public streets have been brought up to City street
standards.
Police/Fire—The property is located within the City's Police and Fire emergency response area.
The subdivider must obtain addresses for the new lots from the City Engineer's Office prior to
filing the final plat to facilitate emergency response to the site.
Stormwater - The standard requirement for a detailed review of the final grading and drainage
plan, and approval by the City Engineer, will be required as part of the infrastructure plan and
specification review process prior to final plat approval. Specific locations for storm water areas
are show on the face of the plat.
Parklands—A waiver was requested and granted for Parks and Recreation Facilities Supplement
information as the site is within an existing subdivision, dedicated parkland credits from the
original Annie Subdivision to meet Section 38.27, BMC exist. 18.51 acre Rose Park was
dedicated with the Annie Subdivision Phase II to meet parkland requirements at that time.
4. Effects on the Natural Environment
No significant physical or topographical features have been identified, (e.g., outcroppings,
geological formations, steep slopes), on the subject property. Provisions will be made to address
the control of noxious weeds and maintenance of the property and will be further addressed by
inclusion in the existing protective covenants and compliance with the recommended conditions
of approval.
5. Effects on Wildlife and Wildlife Habitat
The further subdivision of the existing lot will have minimal impacts on wildlife and wildlife
habitat. The impacts to the more important habitat areas were addressed and mitigated during
the review of the original subdivision and are preserved as open space and/or parklands. Further,
the project is in a developing area identified for development.
6. Effects on Public Health and Safety
The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect the
public health, safety and general welfare. The subdivision has been reviewed by the DRC which
has determined that it is in general compliance with the title, with exception to the items called
out in the no-build restrictions recorded with the plat. The no-build restrictions will require the
necessary surrounding public infrastructure to be brought up to city standards before any future
construction can occur on the lots. Any other conditions deemed necessary to ensure compliance
have been noted throughout this staff report. In addition, all subdivisions must be reviewed
against the criteria listed in 76-3-608.3.b-d, Mont. Code Ann. and as a result, the Department of
Community Development has reviewed this application against the listed criteria and further
provides the following summary for submittal materials and requirements.
B. Compliance with survey requirements provided in Part 4 of the Montana Subdivision
and Platting Act
The preliminary plat has been prepared in accordance with the survey requirements of the
Montana Subdivision and Platting Act by a Professional Engineer registered in the State of
The Annie Phase 2, Lot 5 Subsequent Minor Subdivision—Findings of Fact and Order 4
Montana. As noted in recommended condition No. 1, the final plat must comply with State
statute, Administrative Rules of Montana, and the Bozeman Municipal Code.
C. Compliance with the local subdivision regulations provided for in Part 5 of the
Montana Subdivision and Platting Act
The final plat shall comply with the standards identified and referenced in the Unified
Development Code (UDC). The applicant is advised that unmet code provisions, or code
provisions that are not specifically listed as a condition of approval, does not, in any way, create
a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State
law. Therefore, the subdivision will be in compliance with the subdivision regulations.
E. Provision for easements for the location and installation of any planned utilities
As noted under Staff Finding No. 2 above and required Section 38.23.060.A, all easements,
existing and proposed, shall be accurately depicted and addressed on the final plat and in the
final plat application. Therefore, all utilities and necessary utility easements will be provided
and depicted accordingly on the final plat.
F. Provisions of legal and physical access to each parcel
All of the proposed lots have frontage to public streets as shown on the preliminary plat. The lots
created by this subdivision require deferral of the completion of the required street improvements
as justified by unique circumstances.
The property adjacent to the subdivision on the west is owned by the City. The City has
developed the property (Rose Park) but did not construct, in whole or in part, required street
improvements to North 25`' Avenue. The east half of North 27"' Avenue has likewise not been
completed on the portion adjacent to this subdivision. North 27"' Avenue is constructed to a
collector standard to the north of the subdivision but the east half is closed and unused.
The completion of these road improvements is being dictated by the timing of development and
is beyond the control of the applicant. Development of Rose Park proceeded without
improvement to North 251h Avenue by the City, effectively deferring the construction of the
street. The applicant should be allowed to defer its participation in completing its portion of the
roadway until such time as the City is prepared to complete the project.
North 27"' Avenue is eligible for impact fee funding and is listed on the Street Impact Fee
Capital Improvement Plan. The schedule for the improvements is beyond the control of the
applicant. It is reasonable that the applicant not be required to make improvements to the
roadway at this time because the City has already proposed to make those improvements.
This subdivision is proposed primarily to create additional lots for transfer. The applicant
intends to record no-build restriction on the final plat and no construction will occur until further
site plans are approved. The filing of the final plat will therefore not, in and of itself, impact the
current street system. The recommended conditions are designed to activate required street
improvements at the time of further development, when existing circumstances change. The
extent of further development will dictate the timing of the improvements.
VII.
The Annie Phase 2, Lot 5 Subsequent Minor Subdivision—Findings of Fact and Order 5
After considering all matters of record presented at the public hearing, the City
Commission found that preliminary plat for the Annie Subdivision Phase 2, Lot 5 Subsequent
Minor Subdivision would comply with the primary review criteria, City of Bozeman Growth
Policy, requirements of the Bozeman Unified Development Code and the Montana Subdivision
and Platting Act if certain conditions were imposed. The evidence, as stated or referenced in this
Findings of Fact,justifies the imposition of the conditions ordered herein to ensure that the final
plat complies with all applicable regulations and all required criteria.
ORDER
THEREFORE, IT IS HEREBY ORDERED, on a vote of 5-0, that the Preliminary
Subdivision Plat of Annie Subdivision Phase 2, Lot 5 Subsequent Minor Subdivision be
approved, subject to the following conditions:
1. The plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform
Standards for Subdivision Plats (Uniform Standards for Certificates of Survey and
Subdivision Plats (24.183.1104 ARM) and shall be accompanied by all required documents,
including certification from the City Engineer that as-built drawings for public improvements
were received, a platting certificate, and all required and corrected certificates. The Final
Plat application shall include three (3) signed reproducible copies on a 3 mil or heavier stable
base polyester film (or equivalent); two (2) digital copies; one (1) PDF copy; and five (5)
paper prints. The Gallatin County Clerk & Recorder's office has elected to continue the
existing medium requirements of 2 mylars with a I%" binding margin on one side for both
plats and COS's. The Clerk and Recorder will file the new Conditions of Approval sheet as
an additional sheet of the plat.
2. The applicant is advised that unmet code provisions, or code provisions that are not
specifically listed as conditions of approval, does not, in any way, create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
3. The applicant shall submit with the application for Final Plat review and approval, a written
narrative stating how each of the conditions of preliminary plat approval and noted code
provisions have been satisfactorily addressed, and shall include a digital copy (pdf) of the
entire Final Plat submittal. This narrative shall be in sufficient detail to direct the reviewer to
the appropriate plat, plan, sheet, note, covenant, etc. in the submittal.
4. The final plat shall include the following certificate:
CERTIFICATE OF TRANSFER OF OWNERSHIP &
COMPLETION OF NON PUBLC IMPROVEMENTS
The following are hereby granted and donated to the property owners association noted
below for their use and enjoyment: (insert description and designations, e.g. open space
parcels, storm water, etc. with each parcel having its own description like open space parcel
A which corresponds to the labels on the plat face). Unless specifically listed in the
Certificate of Dedication, the city accepts no responsibility for maintaining the same. I,
(insert subdivider), hereby further certify that the following non-public improvements,
The Annie Phase 2, Lot 5 Subsequent Minor Subdivision—Findings of Fact and Order 6
required to meet the requirements of Chapter 38 of the Bozeman Municipal Code, or as a
condition(s) of approval of the subdivision plotted herewith,have been installed in
conformance with any approved plans and specifications prepared in accordance with the
standards of Chapter 38 or other City design standards, or have been financially guaranteed
and are covered by the subdivision improvements agreement accompanying and recorded
with this plat.
Installed Improvements: (list as appropriate - STORM DRAINAGE, DETENTION PONDS,
COMMON OPENSPACE IMPROVEMENTS EXCLUDING THOSE LISTED BELOW).
Financially Guaranteed Improvements: (list as appropriate - COMMON OPEN SPACE
BRIDGE & LAWN.)
The subdivider hereby grants ownership of all non-public infrastructure improvements to the
property owners association created by Document Number
(To be filled in when recorded)
By: , Subdivider Date:
5. The applicant shall provide and file with the County Clerk and Recorder's office executed
Waivers of Right to Protest Creation of Special Improvement Districts (SID's) for the
following:
a. Street improvements to North 27t' Avenue including paving, curb/gutter, sidewalk, and
storm drainage(unless currently filed with the property).
b. Street improvements to Oak Street including paving, curb/gutter, sidewalk, and storm
drainage (unless currently filed with the property).
c. Street improvements to North 25'h Avenue including paving, curb/gutter, sidewalk, and
storm drainage (unless currently filed with the property).
d. Street improvements to Tschache Lane including paving, curb/gutter, sidewalk, and
storm drainage (unless currently filed with the property).
e. Signalization of the intersection of N. 271h Avenue and Oak Street.
The document filed shall specify that in the event an SID is not utilized for the completion of
these improvements,the developer agrees to participate in an alternate financing method for
the completion of said improvements on a fair share, proportionate basis as determined by
square footage of property, taxable valuation of the property, traffic contribution from the
development, or a combination thereof.
6. All streets contained within the subdivision shall be within dedicated public right of way and
built to city standards.
7. The applicant has requested that no-build restrictions be placed on all lots to be platted with
this subdivision. Building construction for all lots platted with this subdivision will be
restricted until the required public infrastructure is constructed and brought up to current city
standards.
8. Project phasing shall be clearly defined on the infrastructure plans and specifications
including installation of infrastructure.
9. A one foot no access strip shall be recorded on the final plat restricting access for any lots
fronting onto Oak Street and N. 271" Avenue. A break in the no access strip will be allowed
for site access on N. 271"aligning with Cobblestone Place.
The Annie Phase 2,Lot 5 Subsequent Minor Subdivision—Findings of Fact and Order 7
10. Secondary accesses will be required with each individual phase of this development as the
project proceeds from one phase to the next.
11. Road geometry should meet the criteria in the City of Bozeman design standards unless a
deviation can be justified.
12. Any proposed public street lighting shall be LED.
13. The proposed subdivision is located within the Far West Sewer Payback district. These
payback districts must be paid before hook up to municipal services.
14. The necessary right of way shall be dedicated with the final plat for the following streets:
a. N.25a'Avenue(half of local street standard)—30 feet.
b. Oak Street(half of principal arterial standard)—60 feet.
c. N. 27th Avenue (half of collector street standard) —45 feet.
d. Tschache Lane (half of local street standard)—30 feet.
The Annie Phase 2, Lot 5 Subsequent Minor Subdivision—Findings of Fact and Order 8
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 6-day of A L Qkj, 2014.
BOZEMAN CITY COMMISSION
f"e� z6L-
J 9SS
or
ATTEST: ,• 0�,EMA ,
r '1
STA
City ler IX
•• •' °.
APPROVED AS TO FORM:
4�0
SULLIVAN
City Attorney
The Annie Phase 2, Lot 5 Subsequent Minor Subdivision—Findings of Fact and Order 9