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Home My WebLink About15- Kaiser Minor Subdivision Findings of Fact 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 SUBDI VISION PRELIMINARYPLAT, 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 i/4 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: Monday, July 20, 2015 Staff Contacts: Tom Rogers, Senior Planner Bob Murray, Project Engineer Agenda Item Type: Action(Quasi-judicial) P15015, Findings of Fact an Order for Kaiser Minor Subdivision Page 2 of 14 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 EXECUTIVESUMMARY...................................................................................................... 2 UnresolvedIssues ............................................................................................................... 2 ProjectSummary.................................................................................................................2 Alternatives.........................................................................................................................2 SECTION1 -MAP SERIES .................................................................................................... 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 PI5015, Findings of Fact an Order for I(aiser Minor Subdivision Page 3 of 14 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 FISCALEFFECTS................................................................................................................. 14 ATTACHMENTS................................................................................................................... 14 SECTION I -MAP SERIES h� w, l- HM E CO`GI'ONWOUD ST d E GUIIg1YwOOD S'NINE z enema mom ,- s , E PEACH S1 E PkA HST � MAW Y a a 4 E 5HOR'I' S'i' FRIDLEY S'r R-3 . � Legend " Parcels 0 Zoning Districts r [�City Limits ) ':BEMIKE Ell MEMA, ALL 57' Kaiser MiSub Prel. Plat - 544 N. Montana Ave. & 310 E. Peach St.-proposed subdivision of.277 acres into 2 lots to provide an independent lot for each existing house. P15015 - SUBMITTED 4-17-15 comae MCI ��4�tmPbrt+iY,q C Cttnmu�Ri 0."�bpP-u3 k.:eN PI5015, Findings of Fact an Order for Iraiser Minor Subdivision Page 4 of 14 na �4 w M d� �d R-2 E PEACH ST E PEACH ST Subject Property R-3 f - S r z w R-2 The mepwm aeeted by the nn,n✓.Fnv Cep d Bazanan ()Wwtm td Raining end C.—.ky D cveknpnnerd Kaiser Subdivision �m e Icy-rs m./rv�i f-_vp P'^F_N�` F7evis=d:June i,2015 t` Current Zoning Map (nh 1 -125 feet ^ rne.u., r o rnuwu PI5015, Findings of Fact an Order for Kaiser Minor Subdivision Page 5 of 14 - 4 Y � e a Subject � � Property��' ;. w r rf Legend Parcels NN WW Mixed Use Z 4 RestauranttBar Commercial Retail Sales,Services, Banks HotellMotel Commercial Auto GAdministrative\Professional Z [ Light Manufacturing f Golf Course Park or Open Space Conservation Easement > w Church Public Facility SchoohEducational Facility ED Single-Household Residential ;r@M Duplex\Tdplex Residential ME Multi-Household Residential Mobile HomelMobile Park ri 0 Right-of-Way Undeveloped Vacant Th'e mep%vm aeeted by the City d 6ozeman ros.ca.r .v,sns Oepwom t d PI"riN end C.—ney�e.ekp—,t Kaiser Subdivision Ftav'r:i:Jura 1,11715 Current Land Use MCI 1 ndr-125feef rne.na .o v. rmru PI501 S, Findings of Fact an Order for Kaiser Minor Subdivision Page 6 of 14 I E PEACH ST II i it tV I I�I ililiil�ui m 4 0 t'uas" o 1d Thb mepwm aeeted by the so..rz>._nxn.1W rr.✓ City d Bozem D.partmemd Flemirg end c.—.Ry DeieFopmeM h`� ' M ',, Kaiser Subdivision xvnetl l.,th ?F �nf: Pevized:.lurse 1,2Dt5 y Aerial Image 1 Frh=:O fed � rn..na r o rn c.eni PI501 S, Findings of Fact an Order for Kaiser Minor Subdivision Page 7 of 14 SECTION 2 —REQUESTED VARIANCES AND DEVIATIONS No variances have been requested. SECTION 3 -RECOMMENDED CONDITIONS OF APPR O VAL 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 S -RECOMMENDA TION AND FUTURE ACTIONS Project Name: Kaiser Minor Subdivision Preliminary Plat File: P15015 Development Review Committee PI501 S, Findings of Fact an Order for Kaiser Minor Subdivision Page 8 of 14 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 3 8, 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 P15015, Findings of Fact an Order for Kaiser Minor Subdivision Page 9 of 14 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/Seaver—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. PI5015, Findings of Fact an Order for Kaiser Minor Subdivision Page 10 of 14 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 Ctty'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. PI5015, Findings of Fact an Order for Kaiser Minot Subdivision Page 11 of 14 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 fiont, 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 PI5015, Findings of Fact an Order for Kaiser Minor Subdivision Page 12 of 14 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 13024 J JE Vk. WkAUSS Mayor ATTEST`: ST'AC ULMEN, C1VMCI r � PI5015, Findings of Fact an Order for Kaiser Minor Subdivision Page 13 of 14 City Clerk APPROVED AS TO FORM: GRE ULLIVAN City Attorney APPENDIX 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. P15015, Findings of Fact an Order for Kaiser Minor Subdivision Page 14 of 14 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 fi°om 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 INFORMATIONAND 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. x°"paxpDu•IDa""°NE",IYIL""r<R"""`°"'°°N PRELIMINARY PLAT OF MINOR SUBDIVISION NO- ----_ R4505u0JN',DI+rROYAE$ICLA'.MD 1—C11-CIS 10 rll 101, A TRACT OF LAND BEING A PORTION OF LOT 9 Or GEALLS ADDITION 1NC cOv.Ld$SIONERs Or"'6—I,",ROV MD CEBORAN..lm LOCATED IN THE NORIWV E.ST QUARTER CF SECTION),12S.RGE,P.!J..12., Gtt OF BOZEM N,OAL:ATIN COUNTY,NONTANA It—MSG:Ust UNC OY L•ON1nvA I—IS AssOttU'10^_C 1iCY00b:'C. 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