HomeMy WebLinkAboutC5. FOF Little Tree
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Heather Davis, Associate Planner Wendy Thomas, Director of Community Development
SUBJECT: Little Tree Minor Subdivision Preliminary Plat Findings of Fact
and Order, 15354 MEETING DATE: September 28, 2015 AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the Little Tree Minor Subdivision Preliminary Plat Application.
BACKGROUND: On September 14, 2015, the City Commission held a public hearing on an
application for preliminary plat approval for the Little Tree Minor Subdivision. The
Commission unanimously approved the proposed subdivision subject to conditions and code provisions to ensure the final plat would comply with all applicable regulations and all required
criteria. State law provides that the governing body shall “provide a written statement to the
applicant detailing the circumstances of the condition imposition.” The statement must include:
1) the reason for the condition imposition; 2) the evidence that justifies the condition imposition;
and 3) information regarding the appeal process for the condition imposition. To proceed with submitting a final plat application for the initial phase(s) of the subdivision, the applicant must
have a dated and signed Findings of Fact and Order.
UNRESOLVED ISSUES: Staff is unaware of any unresolved issues.
ALTERNATIVES:
1) Approval of the Findings of Fact and Order as drafted.
2) Approval of the Findings of Fact and Order with modifications.
3) As determined by the City Commission.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased
property tax revenues from new development, along with increased costs to deliver municipal services to the property. Impact fees will be collected at the time of issuance of building permits for individual lots along with City sewer and water connection fees.
Attachment: Findings of Fact and Order Report compiled on: September 17, 2015
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Return to:
City of Bozeman
City Clerk
PO Box 1230
Bozeman MT 59771-1230
Page 1 of 22
Bozeman City Commission Findings of Fact and Order Little Tree
Subsequent Minor Subdivision Preliminary Plat 15354
Public Hearing Dates: City Commission meeting was on September 14, 2015
Project Description: A preliminary plat for a subsequent minor subdivision approval to allow
the further subdivision of an existing lot of 0.649 acres into two lots, zoned R-3.
Project Location: The property is located at 661 Rosa Way. The property is described as Lot 1,
Block 9, Tradition Subdivision Phase I, City of Bozeman, Gallatin County, Montana.
Recommendation: Approval with conditions and code provisions.
Recommended Motion: 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 15354 and move to approve the preliminary plat with
conditions and subject to all applicable code provisions.
Report Date: Wednesday, September 23, 2015
Staff Contact: Heather Davis, Associate Planner
Shawn Kohtz, Project Engineer
Agenda Item Type: Action (Quasi-judicial)
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EXECUTIVE SUMMARY
Unresolved Issues
None.
Project Summary
A preliminary plat application for a subsequent minor subdivision approval to allow the further
subdivision of an existing lot of 0.649 acres (28,270 square feet) into two lots, located at 661
Rosa Way and generally on northwest corner of Durston Road and Rosa Way. The property is
zoned R-3 (Residential Medium Density District).
The minor subdivision is proposed to create two lots. Lot 1A is proposed to be 16,122 square
feet (106 feet in width by 152 feet in length). Lot 1B is proposed to be 12,155 square feet
(106.03 feet in width by 113.6 feet in length). A day care center, approved under Site Plan
Application Z15011, is currently under construction on Lot 1A. The day care building and
parking placement conforms to all applicable zoning standards, including setbacks and lot
coverage for the new lot. The future Lot 1B is vacant. Both Lot 1A and Lot 1B conform to
minimum lot size and dimensions per the R-3 zoning.
The existing lot has parkland credit from the Traditions Phase I Subdivision. No subdivision or
zoning variances are requested. No public comment has been received.
A subsequent minor subdivision is subject to the review time of a major subdivision. The final
decision for a Major Subdivision Preliminary Plat must be made within 60 working days of the
date it was deemed adequate; or in this case by November 11, 2015.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 2
Unresolved Issues ............................................................................................................... 2
Project Summary ................................................................................................................. 2
SECTION 1 - MAP SERIES .......................................................................................................... 4
SECTION 2 – REQUESTED VARIANCES ............................................................................... 10
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL .......................................... 10
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ...................... 11
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS ............................................ 11
SECTION 6 - STAFF ANALYSIS and findings .......................................................................... 12
Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................. 12
Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 13
Preliminary Plat Supplements ........................................................................................... 15
SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 18
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 20
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.................... 20
APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 21
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 21
FISCAL EFFECTS ....................................................................................................................... 21
ATTACHMENTS ......................................................................................................................... 21
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SECTION 1 - MAP SERIES
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Existing Major Street Network and Future ROW Corridor Needs, Greater Bozeman
Transportation Plan, 2007, Figure 9-2
Subject
Property
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Figure 1: Proposed Preliminary Plat
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SECTION 2 – REQUESTED VARIANCES
No variances are requested as noted in the Executive Summary.
1) No variances are being 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 planned unit development.
Recommended Conditions of Approval:
1. The final plat shall conform to all requirements of the Bozeman Municipal Code (BMC)
and the Uniform Standards for Final Subdivision Plats 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 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 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 BMC or State law.
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 Certificate of Governing Body from the plat shall be removed from the final plat.
4. ARM 24.183.1107 requires the plat to be entitled “amended plat of (lot, block, and name of subdivision being amended)”. The plat title shall be updated with the final plat
submittal.
5. A Conditions of Approval sheet shall be included as the final sheet of the plat that
includes parkland information. Documentation of compliance with the parkland dedication requirements of Section 38.27.020, BMC shall be provided with the final plat. A table showing the parkland requirements for the subdivision and the method of meeting
the parkland dedication shall be included on the final plat conditions of approval sheet.
The table shall explicitly state how much parkland credit was allocated for the existing lot
in the Traditions Subdivision, Phase I and how the credit is allocated between Lot 1A and Lot 1B.
6. The final plat shall provide all necessary utility easements and shall be described,
dimensioned and shown on the final plat in their true and correct location. Any rear or
side yard utility easements not provided will require written confirmation from ALL
utility companies providing service indicating that rear or side yard easements are not needed.
7. 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
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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.
8. 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 Durston Road including paving, curb/gutter, sidewalk, and storm drainage (unless currently filed with the property).
b. Intersection improvements to North Cottonwood Road and Durston Road (unless
currently filed with the property).
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.
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS
a. None.
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: Little Tree Subsequent Minor Subdivision Preliminary Plat
File: 15354
Development Review Committee
The Development Review Committee (DRC) reviewed the Preliminary Plat application on
August 12 and 19, 2015. On August 19, 2015, the DRC determined the submittal contained
detailed, supporting information that is sufficient to allow for the review of the proposed
subdivision; and as a result, finds that the application, with conditions, is in compliance with the
adopted growth policy, the Montana Subdivision and Platting Act and the Unified Development
Code. On August 19, 2015 the DRC recommended conditional approval of the preliminary plat
application.
City Commission
The City Commission public held a hearing September 14, 2015 to consider the preliminary plat
and made a final decision on this application. The City Commission approved the preliminary
plat application unanimously (5-0).
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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. The 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 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. 1, the final plat must comply with State
statute, Administrative Rules of Montana, and the Bozeman Municipal Code.
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 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.
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.
A preliminary plat application was submitted on July 29, 2015 and deemed acceptable for further
review. The preliminary plat was reviewed by the DRC on August 12th and 19th. The DRC and
determined the submittal contained detailed, supporting information that is sufficient to allow for
the review of the proposed subdivision on August 19, 2015.
Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday, August
23, 2015. The site was posted with a public notice on August 21, 2015. Public notice was sent to
property owners of record within 200 feet of the subject property via first class mail, on August
21, 2015. No comment has been received as of the production date of this report.
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On September 3, 2015 this subsequent minor subdivision staff report was drafted and forwarded
with a recommendation of conditional approval by the Director of Community Development for
consideration by the City Commission at their September 14, 2015 public hearing. A subsequent
minor subdivision is subject to the review time of a major subdivision. The final decision for a
Major Subdivision Preliminary Plat must be made within 60 working days of the date it was
deemed adequate; or in this case by November 11, 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. 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 noted under Staff Finding No. 2 above and required 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.
Additional utility easements are anticipated and will be identified during further development
whether through further subdivision or site development review. Pursuant to Section
38.23.060.A, BMC, in all other developments, the proper easements documents shall be prepared
for review and approval by the city, and filed at the county clerk and recorder's office. The
easement documents shall be accompanied by an exhibit indicating the dimensions, and true and
correct location, of all easements.
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
All of the proposed lots have frontage to public streets constructed to City standards with lot
frontage meeting minimum standard shown on the preliminary plat. All of the proposed lots
have frontage along Rosa Way as shown on the preliminary plat. A one-foot no access strip runs
the width of the proposed southern lot along Durston Road to limit encroachments and promote
safe and efficient roadways. Access to Durston Road will be provided via the existing Rosa Way.
Durston Road is defined as a Minor Arterial and Rosa Way is defined as a Local Roadway
according to the Greater Bozeman Area Transportation Plan, 2007 Update.
Primary Subdivision Review Criteria, Section 76-3-608
1) The effect on agriculture
No agriculture uses exist on the site. The subject property is designated as a residential area
according to the City of Bozeman Community Plan. The property is zoned R-3, and has
previously undergone subdivision review and approval. Much of the surrounding area has begun
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to be developed as townhouse and multi-household residential development.The property is
planned for urban scale and intensity of development. Therefore, this subsequent subdivision will
not have adverse effects on agriculture.
2) The effect on Agricultural water user facilities
No agricultural water user facilities were identified on the subject property. Therefore, this
subsequent subdivision will not have adverse effects on agricultural water user facilities.
3) The effect 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.
Streets – The DRC has determined that the adjacent streets have capacity to accommodate this
development. Access to the subdivision is primarily provided from the existing Rosa Way via
Durston Road. Any new site plan development of the subdivision may be require to assist with
improvements to Durston Road per Condition of Approval 8.
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 - Traditions Phase I Subdivision provided for stormwater facilities for the entire
subdivision area which include the subject project. Any future development of Lot 1B will
require additional site specific stormwater review.
Parklands – No parkland dedication or cash-in-lieu is required with a minor subdivision;
parkland was provided with the original subdivision that created the lot. Per Condition of
Approval 5, existing parkland credit for the property shall be shown on the final plat conditions
of approval page.
4) The effect 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. The property is within an existing developing area and is partially developed with a
day care facility.
5) The effect on Wildlife and wildlife habitat
The further subdivision of the existing lot will have minimal impacts on wildlife and wildlife
habitat. The impacts to habitat areas were addressed during the review of the original Traditions
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Phase I Subdivision. The project is in an urban area identified for development. Much of the
surrounding area has previously undergone subdivision review and approval and has begun to be
developed further reducing habitat in the area. Therefore, this subdivision will not have adverse
effects on wildlife and wildlife habitat.
6) The effect on Public health and safety
The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect the
public health, safety and general welfare. The subdivision has been reviewed by the DRC which
has determined that it is in general compliance with the title. Any other conditions deemed
necessary to ensure compliance have been noted throughout this staff report. In addition, all
subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, 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.
Preliminary Plat Supplements
A subdivision pre-application plan review was completed by the DRC on July 1, 2015. With the
pre-application plan review application, waivers were requested by the applicant from Section
38.41.060 “Additional Subdivision Preliminary Plat Supplements” for several of the standard
preliminary plat supplements due to the nature of this previously platted/developed property. The
DRC granted waivers to the supplemental information under 38.41.060, BMC with the pre-
application plan review application for: 1) surface water, 2) floodplains, 3) groundwater, 4)
geology-soils-slopes, 5) vegetation, 6) wildlife, 7) historical features, 8) agriculture, 9)
agricultural water user facilities, 10) stormwater management, 11) neighborhood plan, 11)
lighting plan, 13) Educational Facilities, 14) miscellaneous, and 15) affordable housing. Partial
waivers to the supplemental information for 1) water and sewer, 2) utilities, 3) parks and
recreation facilities, and 4) land use were granted. Staff offers the following summary comments
on the supplemental information required with Article 38.41, BMC.
38.41.060.A.1 Surface Water
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review.
38.41.060.A.2 Floodplains
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review.
38.41.060.A.3 Groundwater
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review.
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38.41.060.A.4 Geology, Soils and Slopes
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review. There are no known geologic hazards associated with the site.
38.41.060.A.5 Vegetation
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review. No significant or critical vegetation exists on the subject property. Noxious
weeds are being controlled by the required Noxious Weed Management Plan.
38.41.060.A.6 Wildlife
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review. This is a developing urban area.
38.41.060.A.7 Historical Features
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review. This is a developing urban area. There is no indication of any prehistoric or
historic cultural resources on the site.
38.41.060.A.8 Agriculture
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review. This is a developing area and this property is not used for agriculture.
38.41.060.A.9 Agricultural Water User Facilities
Supplemental information waived by the DRC. There are no agricultural water user facilities on the property.
38.41.060.A.10 Water and Sewer
Supplemental information partially waived by the DRC. Water for domestic and fire protection
will be provided by connections to the City of Bozeman water system at the time of future
development. Water and sewer have been installed from Rosa Way to serve both lots. No main
extensions are required. A Utility Exhibit is included in the application materials.
38.41.060.A.11 Stormwater Management
Supplemental information partially waived by the DRC. A storm water management plan is not
submitted with this application as no earthwork is required for the subdivision of land. Future
site plan development within the subdivision will require compliance with stormwater
regulations.
38.41.060.A.12 Streets, Roads and Alleys
Supplemental information partially waived by the DRC. The DRC has determined that the
adjacent streets have capacity to accommodate this development. Access to the subdivision is
primarily provided from the existing Rosa Way via Durston Road. Any new site plan
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development of the subdivision may be require to assist with improvements to Durston Road per
Condition of Approval 8.
38.41.060.A.13 Utilities
Supplemental information partially waived by the DRC. All private utilities servicing the
subdivision will be installed underground. 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 as required by Section 38.23.050, BMC.
38.41.060.A.14 Educational Facilities
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review. No additional density is being proposed with this subdivision.
38.41.060.A.15 Land Use
Supplemental information partially waived by the DRC. Proposed Lot 1A is currently under construction for a day care center. Lot 1B is zoned for the uses allowed in the R-3 District
including single-household and multi-household residential. The lot dimensions comply with the
zoning designation of R-4.
38.41.060.A.16 Parks and Recreation Facilities
Parkland was previously dedicated with the Traditions Phase I Subdivision. Parkland dedication
or cash-in-lieu is not required with a minor subdivision.
38.41.060.A.17 Neighborhood Center Plan
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review. A neighborhood center was included with the Traditions Phase I subdivision.
38.41.060.A.18 Lighting Plan
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review. The project is located with an existing light district. Street lights currently exist along the length of Rosa Way and at the intersection of Rosa Way and Durston Road.
38.41.060.A.19 Miscellaneous
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review. The subdivision will not impact access to any public lands and there are no
identified hazards in proximity to the subject property.
38.41.060.A.20 Affordable Housing
Supplemental information waived by the DRC. The Workforce Housing requirements, Section
10.8, BMC, have been deferred by the City Commission.
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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 to
allow the subdivision of an existing lot of 0.649 acres into two lots, zoned R-3.
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
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.
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BOZEMAN CITY COMMISSION
_________________________________
JEFFREY K. KRAUSS
Mayor
ATTEST:
_______________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The intent of the R-3 residential medium density district is to provide for the development of
one- to five-household residential structures near service facilities within the city. It should
provide for a variety of housing types to serve the varied needs of households of different size,
age and character, while reducing the adverse effect of nonresidential uses.
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. High density residential areas should be
established in close proximity to commercial centers to facilitate the provision of services and
employment opportunities to persons without requiring the use of an automobile. Implementation
of this category by residential zoning should provide for and coordinate intensive residential uses
in proximity to commercial centers. The residential designation indicates that it is expected that
development will occur within municipal boundaries, which may require annexation prior to
development.
The dwelling unit density expected within this classification varies between 6 and 32 dwellings
per net acre. A higher density may be considered in some locations and circumstances. A variety
of housing types can be blended to achieve the desired density. Large areas of single type
housing are discouraged. In limited instances the strong presence of constraints and natural
features such as floodplains may cause an area to be designated for development at a lower
density than normally expected within this category. All residential housing should be arranged
with consideration of compatibility with adjacent development, natural constraints such as
watercourses or steep slopes, and in a fashion which advances the overall goals of the Bozeman
growth policy. The residential designation is intended to provide the primary locations for
additional housing within the planning area.
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND
Project Description
The property owner, Don Henson, 322 Slough Creek Dr., Bozeman, MT 59718, represented by
Madison Engineering, 895 Technology Blvd Suite 203, Bozeman, MT 59718, submitted a
preliminary plat application for a subsequent minor subdivision approval to allow the further
subdivision of an existing lot of 0.649 acres (28,270 square feet) into two lots, generally located
northwest of the intersection of Durston Road and Rosa Way. The property is zoned R-3
(Residential Medium Density District).
A day care center (Site Plan Application Z15011) is currently under construction on the southern
future lot. The northern future lot is currently vacant. Parkland credit currently exists from the
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Traditions Phase I Subdivision. No subdivision or zoning variances are requested. No public
comment has been received.
Project Background
The subject lot was created with Traditions Phase I Subdivision that was filed on February 9,
2007. The area has seen substantial urban scale development since that time. The property is
planned for urban scale and intensity of development. The property immediately to the east is
vacant but is also zoned as Residential. Property to the south is zoned as Public Lands and
Institutions District and is developed as soccer fields. The City encourages intensity of
development to lessen outward pressure on city growth and to support a healthy mix of uses and
services within the community.
APPENDIX C – NOTICING AND PUBLIC COMMENT
A preliminary plat application was submitted on July 29, 2015 and deemed acceptable for further
review. The preliminary plat was reviewed by the DRC on August 12 and August 19th.The DRC
and determined the submittal contained detailed, supporting information that is sufficient to
allow for the review of the proposed subdivision on August 19, 2015.
Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday, August
23, 2015. The site was posted with a public notice on August 21, 2015. Public notice was sent to
property owners of record within 200 feet of the subject property via first class mail, on August
21, 2015. No comment has been received as of the production date of this report.
On September 3, 2015 this subsequent minor subdivision staff report was drafted and forwarded
with a recommendation of conditional approval by the Director of Community Development for
consideration by the City Commission at their September 14, 2015 public hearing. A subsequent
minor subdivision is subject to the review time of a major subdivision. The final decision for a
Major Subdivision Preliminary Plat must be made within 60 working days of the date it was
deemed adequate; or in this case by November 11, 2015.
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF
Owner: Don Henson, 322 Slough Creek Drive, Bozeman, MT 59718 Applicant: Third Street Development, PO Box 12021, Bozeman, MT 59719 Representative: Madison Engineering, 895 Technology Blvd Suite 203, Bozeman, MT 59718 Report By: Heather Davis, Associate Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified.
ATTACHMENTS
1. Applicant’s submittal materials
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15354 Findings of Fact for Little Tree Minor Subdivision Page 22 of 22
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street.
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