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HomeMy WebLinkAbout9. Valley West FOF Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Brian Krueger, Development Review Manager Wendy Thomas, Director of Community Development SUBJECT: Amended Plat Valley West Phases 3B, 3C and 3D Major Subdivision Preliminary Plat Findings of Fact and Order, P14018 MEETING DATE: November 17, 2014 AGENDA ITEM TYPE: Consent RECOMMENDATION: Authorize the Findings of Fact and Order for the Amended Plat Valley West Phases 3B, 3C and 3D Major Subdivision Preliminary Plat Application. BACKGROUND: On June 9, 2014, the City Commission held a public hearing on an application for preliminary plat approval for the Amended Plat Valley West Phases 3B, 3C and 3D Major Subdivision Preliminary Plat Application. The Commission approved the proposed subdivision 5-0 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: November 6, 2014 99 Amended Plat Valley West Phases 3B, 3C, 3D Major 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 VALLEY WEST HOLDINGS, LLC, FOR PRELIMINARY PLAT REVIEW OF THE VALLEY WEST AMENDED PLAT OF, PHASES 3B, 3C, AND 3D, 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 May 20, 2014, and before the Bozeman City Commission on June 9, 2014, on the above-entitled application. The applicant presented to the City Commission a major subdivision application for preliminary plat approval that would allow the further subdivision of nine multi-household lots of approximately 3.5 acres into sixteen lots for single household attached townhouses and fourteen lots for single household detached dwellings in the Valley West Subdivision east of Cottonwood Road between Bembrick Street and West Babcock Street. 100 Amended Plat Valley West Phases 3B, 3C, 3D Major Subdivision – Findings of Fact and Order 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 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 Amended Plat of the Valley West Subdivision Phases 3B, 3C, and 3D, Major Subdivision was submitted to the City of Bozeman Department of Community Development on February 28, 2014 and deemed unacceptable for initial review on March 10, 2014 pursuant to Chapter 38 of the Bozeman Municipal Code. A revised application was received on March 27, 2014 and was deemed acceptable for review on April 3, 2014. The preliminary subdivision plat, as proposed, would allow the further subdivision of nine multi-household lots of approximately 3.5 acres into sixteen lots for single household attached townhouses and fourteen lots for single household detached dwellings. The subject property is legally described as Lot 1, Phase 3B; Lots 8, 9, and 16, Phase 3C; and Lots 22-26, Phase 3D of the Valley West Subdivision all situated in the Northwest ¼, Section 10, Township 2 South, Range 5 East, PMM, City of Bozeman, Gallatin County, Montana and is known commonly as the Valley West Subdivision PUD. 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, April 27, 2014, 2014. The site was posted with a public notice on April 28, 2014. Public notice was sent to 101 Amended Plat Valley West Phases 3B, 3C, 3D Major Subdivision – Findings of Fact and Order 3 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 April 28, 2014. III. The matter of the preliminary plat application for the Amended Plat of the Valley West Subdivision Phases 3B, 3C, and 3D, Major Subdivision was considered by the City of Bozeman Planning Board at a public hearing on May 20, 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 P14018. IV. The matter of the preliminary plat application for the Amended Plat of the Valley West Subdivision Phases 3B, 3C, and 3D, Major Subdivision was considered by the City Commission at a public hearing on June 9, 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. 102 Amended Plat Valley West Phases 3B, 3C, 3D Major Subdivision – Findings of Fact and Order 4 Greg Stratton, representing Valley West Holdings, LLC, 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. 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 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 major 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 major 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. Capacity exists to serve this subdivision. No additional water and sewer main extensions are required. Each lot will need to be provided with a water and sewer service stub. Engineering Division recommended conditions Nos. 10 and 11 apply to this issue. Streets – The DRC has determined that the adjacent streets, when developed to City standards, have capacity to accommodate this development. No additional density is proposed through this subdivision. The lots proposed for further subdivision have undergone subdivision review and approval. Improvements to the street infrastructure have been completed to accommodate the proposed uses. In order to facilitate the continued upgrades to the City’s street and transportation infrastructure the Engineering Division recommends condition of approval No. 7 for the 103 Amended Plat Valley West Phases 3B, 3C, 3D Major Subdivision – Findings of Fact and Order 5 subdivider to provide waivers of right to protest future special improvements districts for transportation infrastructure in the project vicinity. 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 – Now new stormwater infrastructure is proposed. The lots proposed for further subdivision have undergone subdivision review and approval. Stormwater facilities have been provided. 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 Valley West Subdivision to meet Section 38.27, BMC exist. 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. The lots proposed for further subdivision have undergone subdivision review and approval. 5. Effects on Wildlife and Wildlife Habitat The further subdivision of the existing lots 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. Any 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 Montana. As noted in recommended condition No. 5 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 104 Amended Plat Valley West Phases 3B, 3C, 3D Major Subdivision – Findings of Fact and Order 6 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. D. Compliance with the local subdivision review procedures provided in Part 6 of the Montana Subdivision and Platting Act The hearings before the Planning Board and City Commission have been properly noticed as required by the Bozeman UDC. Based on the recommendation of the DRC and other applicable review agencies, the recommendation of the Bozeman Planning Board, as well as any public testimony received on the matter, the City Commission will make the final decision on the applicant’s request. A preliminary plat application was submitted on February 24, 2014. The application was deemed to not include all the required elements for review on March 3, 2014. Additional information was required per Chapter 38 of the Bozeman Municipal Code (BMC). After receiving additional information on March 27, 2014 the application was deemed acceptable for initial review on April 3, 2014. The preliminary plat was reviewed by the DRC on April 16, April 23, and April 30. The DRC and determined the submittal contained detailed, supporting information that is adequate to allow for the continued review of the proposed subdivision on April 30, 2014. Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday, April 27, 2014. The site was posted with a public notice on May 1, 2014. Public notice was sent to property owners of record within 200 feet of the subject property via first class mail, on April 29, 2014. No comment has been received as of the production date of this report. On April 28, 2014 this major subdivision staff report was drafted and forwarded with a recommendation of conditional approval by the Development Review Committee for consideration by the Planning Board at their May 20, 2014 meeting. The Planning Board conducted a public hearing on the application at their May 20, 2014 meeting. No public comment was received. The Planning Board recommended unanimous approval of the subdivision subject to the findings, conditions, and code provision presented in the staff report. The City Commission held a June 9, 2014 application review and public hearing. The final decision for this Major Subdivision Preliminary Plat was made within 60 working days of the date it was deemed adequate; or in this case by July 25, 2014. 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 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. G. Compliance with Chapter 38, BMC and other relevant regulations 105 Amended Plat Valley West Phases 3B, 3C, 3D Major Subdivision – Findings of Fact and Order 7 Based on review of the DRC and the Department of Community Development all applicable regulations appear to be met. Pertinent code provisions and site specific requirements are included in this report for City Commission consideration. VII. After considering all matters of record, the City Commission found that preliminary plat for the Amended Plat of the Valley West Subdivision Phases 3B, 3C, and 3D, 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 5-0, that the Preliminary Subdivision Plat of the Amended Plat of the Valley West Subdivision Phases 3B, 3C, and 3D, Major Subdivision is 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. The proposed ten foot private access easement across the west side of all lots and associated plat notes shall be designated public access and noted accordingly on the face of the plat or the easement and associated notes shall be removed from the plat and the pedestrian access walkway shall be placed in the Valley West Open Space to the west of the lots. 3. 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. The applicant shall either construct a minimum five foot concrete pedestrian walkway in a ten foot public access easement on the west side of all lots or within the Valley West Open Space to the west of the lots. 4. The property owner’s association documents created for this subdivision shall include provisions describing the agreed upon method of contribution to the Valley West Property Owner’s Association and binding property owners to contribute to the maintenance and upkeep of dedicated parks and publicly accessible open space lands as required by the agreement between the applicant and the Valley West Owner’s Association or the lots created by this subdivision shall be annexed into the Valley West Owner’s Association. The provisions in the property owner’s association documents fulfilling this condition shall be considered required by the City Commission pursuant to 38.38.030.A.5, BMC. 106 Amended Plat Valley West Phases 3B, 3C, 3D Major Subdivision – Findings of Fact and Order 8 5. 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 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 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 11x17 exhibits. 6. 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. 7. 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 Cottonwood Road including paving, curb/gutter, sidewalk, and storm drainage (unless currently filed with the property). b. Street improvements to Durston Road including paving, curb/gutter, sidewalk, and storm drainage (unless currently filed with the property). c. Signalization of the intersection of Ferguson Avenue and Durston Road. d. Signalization of the intersection of Ferguson Avenue and Cottonwood Road. e. Signalization of the intersection of Ferguson Avenue and Babcock 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. 8. The location of mailboxes shall be coordinated with the City Engineering Department prior to their installation. 9. A one foot no access strip shall be recorded on the final plat restricting access for any lots fronting onto Cottonwood Road. 10. The proposed new lots created with this subdivision will require their own individual water/sewer services. The final alignment of these service lines will be coordinated with engineering and the water/sewer department. 11. Any water/sewer service stubs that will not be utilized by this development shall be properly abandoned. Water services shall be disconnected at the main, and sewer services shall be disconnected five feet either side of the property line. 107 Amended Plat Valley West Phases 3B, 3C, 3D Major Subdivision – Findings of Fact and Order 9 12. 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. 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. DATED this ________day of , 2014. BOZEMAN CITY COMMISSION _________________________________ JEFFREY K. KRAUSS Mayor ATTEST: _______________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: 108 Amended Plat Valley West Phases 3B, 3C, 3D Major Subdivision – Findings of Fact and Order 10 _________________________________ GREG SULLIVAN City Attorney 109