HomeMy WebLinkAboutC4. FOF Kaiser
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Tom Rogers, Senior Planner
Wendy Thomas, Director of Community Development SUBJECT: Kaiser Minor Subdivision Preliminary Plat Findings of Fact and
Order, P15015 MEETING DATE: July 20, 2015
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the
Kaiser Minor Subdivision Preliminary Plat Application.
BACKGROUND: On June 15, 2015, the City Commission held a public hearing on an
application for preliminary plat approval for the Kaiser Minor Subdivision. The Commission
voted unanimously to approve 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: Limited fiscal impacts are expected from this subdivision. There are
existing structures on the subject property and no changes are being proposed at this time
Attachment: Findings of Fact and Order
Report compiled on: July 9, 2015
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Return to:
City of Bozeman
City Clerk
PO Box 1230 Bozeman MT 59771-1230
BOZEMAN CITY COMMISSION FINDINGS OF FACT AND ORDER FOR THE KAISER MINOR SUBDIVISION PRELIMINARY PLAT, P15015
Public Hearing Date: City Commission was on June 15, 2015.
Project Description: A Preliminary Plat Application to subdivide an existing parcel
consisting of 0.27 acres with two existing homes into two single household
residential lots.
Project Location: Lot 9, Tract 2, Beall’s First Addition, located in the NW ¼ of Sec. 7,
T2S, R6E, P.M.M, City of Bozeman, Gallatin County, Montana. The subject
property is located on the southeast corner of North Montana Avenue and East Peach
Street and addressed.
Recommendation: Approval with conditions
Recommended Motion(s): Having reviewed and considered the application materials, public
comment, and all the information presented, I hereby adopt the findings presented in the
staff report for application P15015 and move to approve the Kaiser minor subdivision
with conditions and subject to all applicable code provisions.
Report Date: Wednesday, July 15, 2015
Staff Contacts: Tom Rogers, Senior Planner
Bob Murray, Project Engineer
Agenda Item Type: Action (Quasi-judicial)
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EXECUTIVE SUMMARY
Unresolved Issues
There are no unresolved issues.
Project Summary
The property owner/applicant Roy and Debbie Kaiser, 1704 Rainbow Rd., Bozeman, MT 59715 represented by TD&H, 234 E. Babcock, Suite 3, Bozeman, Montana 59715 have submitted an application to subdivide approximately 0.277 acres into two (2) single
household residential lots. No parkland, road right of way or open space is required by the
subdivision. Net residential density is 7.22 dwelling unit per acre. No change in the use or
intensity is being proposed with this subdivision. Two residential structures are on the subject property.
The subject property was originally platted as Bealls First Addition to the City of Bozeman
in 1889. Subsequently amended plats were filed with the Clerk and Recorder’s Office
further subdividing the original tracts of record. These subdivisions were prior to the
enactment of the Montana Subdivision and Platting Act in 1973.
Alternatives
1. Approve the application with the recommended conditions;
2. Approve the application with modifications to the recommended conditions;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 2
Unresolved Issues ............................................................................................................... 2
Project Summary ................................................................................................................. 2
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .................................................................................................... 3
SECTION 2 – REQUESTED VARIANCES AND DEVIATIONS......................................... 7
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ...................................... 7
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS .................. 7
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 7
SECTION 6 - STAFF ANALYSIS AND FINDINGS ............................................................. 8
Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................... 8
Primary Subdivision Review Criteria, Section 76-3-608 ................................................... 9
Preliminary Plat Supplements ........................................................................................... 10
APPENDIX A –ADVISORY CODE CITATIONS ............................................................... 13
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APPENDIX B – PROJECT SITE ZONING AND GROWTH POLICY ............................... 13
APPENDIX C – DETAILED PROJECT DESCRIPTION AND BACKGROUND.............. 13
APPENDIX D – NOTICING AND PUBLIC COMMENT ................................................... 14
APPENDIX E – OWNER INFORMATION AND REVIEWING STAFF ........................... 14
FISCAL EFFECTS ................................................................................................................. 14
ATTACHMENTS ................................................................................................................... 14
SECTION 1 - MAP SERIES
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SECTION 2 – REQUESTED VARIANCES AND DEVIATIONS
No variances have been requested.
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in
this report. These conditions are specific to the subdivision. 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.
Conditions of Approval:
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 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.
3. The plat shall conform to the Uniform Standards for Certificates of Survey and
Subdivision Plats under the Administrative Rules of Montana (ARM 24.183.1104).
Existing property lines should be different than those of new property lines and labeled.
4. The plat notes on the face of the plat need to be removed, except those under ARM 24.183.1107(2)(f). An additional page containing notes may be added as a second or
supplemental Conditions of Approval page behind the first page.
5. The describe carport reference shall be removed from the face of the final plat.
6. The lot numbering shall reflect the current lot numbering. Proposed Lot 1 shall be Lot 9A
and proposed Lot 2 should be Lot 9B.
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS
A) Sec. 38.23.060 requires that all public or private easements shall be described,
dimensioned and shown on the plat.
• The eight-foot (8’) easement along Peach Street shall be shown and depicted along the front yard (along Montana Avenue) of the proposed Lot 9A.
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: Kaiser Minor Subdivision Preliminary Plat
File: P15015
Development Review Committee
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The Development Review Committee (DRC) reviewed the preliminary plat application on
May 6 and May 13, 2015; and as a result, found that the application, with conditions, is in
general compliance with the adopted growth policy, the Montana Subdivision and Platting
Act and the Unified Development Code. On May 13, 2015 the DRC recommended conditional approval of the preliminary plat application.
City Commission
The City Commission public hearing was held on June 15, 2015 to consider the preliminary
plat and make a final decision.
SECTION 6 - STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application
materials, municipal codes, standards, and plans, public comment, and all other materials
available during the review period. Collectively this information is the record of the review.
This analysis is a summary of the completed review.
Applicable Subdivision Review Criteria, Section 38.03.040, BMC.
In considering applications for subdivision approval under this title, the advisory boards and
City Commission shall consider the following:
1) Compliance with the survey requirements of 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 the 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.
2) 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 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.
3) Compliance with the local subdivision review procedures provided for in Part 6
of the Montana Subdivision and Platting Act
The hearings before the City Commission have been properly noticed, as required by the Bozeman UDC. Based on the recommendation of the DRC and other applicable review
agencies, as well as any public testimony received on the matter, the City Commission will
make the final decision on the applicant’s request.
The subdivision is being reviewed as a minor subdivision per the Unified Development Code (UDC) 38.03.040.A.5.a.(1) first minor subdivision created from a tract of record (since July 1, 1973). The city commission shall approve, conditionally approve or deny the subdivision
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application of a minor subdivision within 35 working days of the determination that the
application is adequate for review, unless there is a written extension from the developer, not
to exceed one year; or in this case by July 2, 2015.
4) Compliance with Chapter 38, BMC and other relevant regulations
Based on review of the DRC and the Department of Community Development, all applicable
regulations appear to be met when all proposed conditions and code requirements are met.
Pertinent code provisions and site specific requirements are included in this report for City
Commission consideration.
5) The provision of easements to and within the subdivision for the location and installation of any necessary utilities
As required by Section 38.23.060.A, BMC 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.
6) The provision of legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel
The proposed lots meet the minimum lot width and frontage requirements. In addition, Lot
9B will gain access from the alleyway, whereas Lot 9A will gain access from Montana Avenue. A change to street access and easement locations would be a material change to the
subdivision and require additional review before final plat approval could be granted.
Primary Subdivision Review Criteria, Section 76-3-608
1) The effect on agriculture
The subject property is and has been in residential use. The subject property is designated as “Residential” according to the City of Bozeman Community Plan. The subject property is
zoned for residential development and is within the city’s core. Therefore, this subdivision
will not have adverse effects on agriculture.
2) The effect on Agricultural water user facilities
There are no agricultural water user facilities on site. The subject property is designated as “Residential” according to the City of Bozeman Community Plan. The subject property is
zoned for residential development and is within the city’s core. Therefore, this subdivision
will not have adverse effects on agricultural water facilities.
3) The effect on Local services
Water/Sewer – No additional development is being created with this subdivision. The minor subdivision will not have any adverse impacts to existing water and sewer capacities as the
current residences are connected to existing water and sewer services.
Streets – Access to the lots is from Peach Street, Montana Avenue and an alleyway, all of
which already exist to the lots. No change to access is proposed.
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 site.
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Stormwater – The existing, two single-household residences will not adversely impact the
existing stormwater system as the building footprint has not changed.
Parklands –The subdivision is a minor subdivision and therefore exempt from parkland
dedication requirements.
4) The effect on the Natural environment
The minor subdivision will have no adverse impacts to the natural environment as the lots
have been used for residential purposes within the city’s core since at least 1995, from the
earliest available aerial imagery.
5) The effect on Wildlife and wildlife habitat
The minor subdivision will have no adverse impacts to wildlife or wildlife habitat as the
original parcel was located within a platted and improved subdivision.
6) The effect on Public health and safety
The minor subdivision will have no adverse impacts to public health and safety as lots are
connected to city water and sewer services and are within the City’s Police and Fire emergency response area.
Preliminary Plat Supplements
The DRC granted waivers to the following items during the pre-application process:
38.41.060.A.1 Surface Water
Waiver granted - No surface water exists on the site.
38.41.060.A.2 Floodplains
Waiver granted. The development is located outside of the floodplain as determined during
the original subdivision review.
38.41.060.A.3 Groundwater
Waiver granted. Residences already exist on site since at least 1995.
38.41.060.A.4 Geology, Soils and Slopes
Waiver granted. Residences already exist on site at least 1995.
38.41.060.A.5 Vegetation
Supplemental information waived by the DRC. No significant or critical vegetation exists on
the subject property Waiver granted. All undeveloped area is covered by grass or other vegetative ground cover.
38.41.060.A.6 Wildlife
Waiver granted.
38.41.060.A.7 Historical Features
Waiver granted.
38.41.060.A.8 Agriculture
Supplemental information waived by the DRC. This is a developing area and this property is
not used for agriculture.
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38.41.060.A.9 Agricultural Water User Facilities
Waiver granted. No agricultural water features exist on the site.
38.41.060.A.10 Water and Sewer
Waiver not granted. Applicant submitted required material.
38.41.060.A.11 Stormwater Management
Waiver granted. No changes to existing development proposed.
38.41.060.A.12 Streets, Roads and Alleys
Waiver granted. The subdivision has access from Montana Avenue to the west and from an
alley to the east; and Peach Street to the north.
38.41.060.A.13 Utilities
All private utilities servicing the subdivision have been installed. Through the review
process the sewer line was located and is shown on the face of the plat for future reference.
The DRC and local review agencies did not identify any potential impacts and/or concerns
with providing private utilities to the subdivision. The final plat shall provide public utility easements along all front, side and rear lot lines as required by Section 38.23.050, BMC
38.41.060.A.14 Educational Facilities
Waiver granted. The minor subdivision does not generate additional residences.
38.41.060.A.15 Land Use
Waiver granted. The subdivision complies with land uses for the Bozeman Community Plan.
38.41.060.A.16 Parks and Recreation Facilities
Waiver granted. A minor subdivision is exempt from parkland dedication.
38.41.060.A.17 Neighborhood Center Plan
Waiver granted. The project does require a neighborhood center.
38.41.060.A.18 Lighting Plan
Waiver granted. Lights already exist within the original subdivision.
38.41.060.A.19 Affordable Housing
Waiver granted. The affordable housing ordinance is not applicable.
SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS
A. PURSUANT to Chapter 38, Article 3, BMC, and other applicable sections of Chapter 38,
BMC, public notice was given, opportunity to submit comment was provided to affected
parties, and a review of the preliminary plat described in this findings of fact was conducted.
The applicant presented to the City a proposed preliminary plat for a minor subdivision for
the subdivision of approximately 0.27 acres with two existing homes into two single
household residential lots.
B. The purposes of the preliminary plat review were to consider all relevant evidence relating to
public health, safety, welfare, and the other purposes of Chapter 38, BMC; to evaluate the
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proposal against the criteria and standards of Chapter 38 BMC, BMC; and to determine
whether the plat should be approved, conditionally approved, or denied.
C. It appeared to the City Commission that all parties and the public wishing to examine the
proposed preliminary plat and offer comment were given the opportunity to do so. After
receiving the recommendation of the relevant advisory bodies established by Section Chapter
38, Article 33, BMC, and considering all matters of record presented with the application and
during the public comment period defined by Chapter 38, BMC, the City Commission has
found that the proposed preliminary plat would comply with the requirements of the
Bozeman Municipal Code if certain conditions were imposed. Therefore, being fully advised
of all matters having come before her regarding this application, the City Commission makes
the following decision.
D. The preliminary plat has been found to meet the criteria of Chapter 38, BMC, and is therefore
approved, subject to the conditions listed in Section 2 of this report and the correction of any
elements not in conformance with the standards of the Chapter including those identified in
Section 3 of this report. The evidence contained in the submittal materials, advisory body
review, public testimony, and this report, justify the conditions imposed on this development
to ensure that the final site plan and subsequent construction complies with all applicable
regulations, and all applicable criteria of Chapter 38, BMC.
E. 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 three (3) 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 an extension to its approval by the Community Development Director
for a period of mutually agreed upon time.
DATED this _______day of , 2015.
BOZEMAN CITY COMMISSION
_________________________________ JEFFREY K. KRAUSS Mayor
ATTEST:
_______________________________
STACY ULMEN, CMC
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City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
APPENDIX A –ADVISORY CODE CITATIONS
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.
APPENDIX B – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property is zoned R-2 (Residential Two-Household Medium Density District).
The intent of the R-2 district is to provide for one and two-household residential development
at urban densities within the city in areas that present few or no development constraints, and
for community facilities to serve such development while respecting the residential quality
and nature of the area.
Adopted Growth Policy Designation:
The property is designated as “Residential” in the Bozeman Community Plan. The Plan
indicates that “This category designates places where the primary activity is urban density
dwellings. Other uses which complement residences are also acceptable such as parks, low
intensity home based occupations, fire stations, churches, and schools. The residential designation indicates that it is expected that development will occur within municipal
boundaries, which may require annexation prior to development.”
All residential housing should be arranged with consideration of compatibility with adjacent
development, natural constraints such as watercourses and steep slopes, and in a fashion which advances the overall goals of the Bozeman growth policy.
APPENDIX C – DETAILED PROJECT DESCRIPTION AND BACKGROUND
Project Description: Minor subdivision to create two lots existing residential homes from a
tract of record. An exhaustive review indicated this is a first minor subdivision from a tract
of record. As noted earlier, two residential structures are located on the property. No change in the use or intensity is being proposed with this subdivision.
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Project Background The subject property was originally platted as Bealls First Addition to
the City of Bozeman in 1889. Subsequently amended plats were filed with the Clerk and
Recorder’s Office further subdividing the original tracts of record. These subdivisions were prior to the enactment of the Montana Subdivision and Platting Act in 1973.
APPENDIX D – NOTICING AND PUBLIC COMMENT
The application was reviewed by the DRC on May 6 and May 13, 2015 and the DRC
provided a favorable recommendation on the application to the City Commission.
Pursuant to Section 38.40.030, BMC public notice for this application was posted on site June 1, 2015. Public notice was sent to 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
May 27, 2015.
The subdivision is being reviewed as a minor subdivision per the Unified Development Code (UDC) 38.03.040.A.5.a.(1) first minor subdivision created from a tract of record (since July 1, 1973). The city commission shall approve, conditionally approve or deny the subdivision
application of a minor subdivision within 35 working days of the determination that the
application is adequate for review, unless there is a written extension from the developer, not
to exceed one year.
No public comments have been received as of the writing of this staff report.
APPENDIX E – OWNER INFORMATION AND REVIEWING STAFF
Owner: Roy and Debbie Kaiser, 1704 Rainbow Rd., Bozeman, MT 59715
Applicant: Roy and Debbie Kaiser, 1704 Rainbow Rd., Bozeman, MT 59715
Representative: TD&H, Steve Anderson, PLS, 234 E. Babcock, Suite 3, Bozeman, Montana 59715
Report By: Tom Rogers, Senior Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed
by this subdivision.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715.
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