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HomeMy WebLinkAbout15- Little Tree Subsequent Minor Subdivision Preliminary Plat 15354 Findings of Fact 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: Monday, September 28, 2015 Staff Contact: Heather Davis,Associate Planner Shawn Kohtz, Project Engineer Agenda Item Type: Action(Quasi-judicial) 15354 Findings of Fact for Little Tree Minor Subdivision Page 2 of 22 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 1 A 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 lA 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. 15354 Findings of Fact for Little Tree Minor Subdivision Page 3 of 22 TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................ 2 UnresolvedIssues ............................................................................................................... 2 ProjectSummary................................................................................................................. 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 PreliminaryPlat 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 FISCALEFFECTS....................................................................................................................... 21 ATTACHMENTS......................................................................................................................... 21 15354 Findings of Fact for Little Tree Minor Subdivision Page 4 of 22 SECTION I -MAP SERIES - '• - ,GLE\AVOOD-DRY'--�-� R-2 4 L— &:C-t L-I r _ —BROOKSIDE-LN 3 - -- Dl[Rti;1;Q\;RD- ,i Legend i I Selected Project City Limits Q Zoning Districts Parcels 15354 Finding of Fact for Little Tree Minor Subdivision Page 5 of 22 �GLENWOOD DR- F'T� r'� ! ri J a' BROOKSIDE-LN A rift DIIRSTON RD n �/ Legend Selected Project City Limits Parcels Land Use(1/1/15) Mixed Use Restaurant\Bar Commercial Retail Sales,Services,Banks {, Hotel\Motel © Com mercial Auto [� Administrative\Professional I� Light Manufacturing Golf Course M Park or Open Space 0 Conservation Easement Church Public Facility SchooREducational Facility Single-Household Residential Duplex\Triplex Residential CLASSICAL WAY Multi-Household Residential Mobile Home\Mobile Park Right-of-Way E3 Undeveloped Vacant This City ofBozena by the Little Tree Subdivision '® CI S Departnmt tnte-del fc'atr—"pap—°-y proposed 2 Lot Subdivision with R-3 Zoning R :610015 O 50 100 661 Rosa Way - .94 Acres N Feel .rnmrrwr l inch=150feet A 415-274 Submitted 6-1-15 15354 Findings of Fact for Little Tree Minor Subdivision Page 6 of 22 ;�.f—GLENWOOD-DR-- a r a --_ - -BROOKSIDE-LN W DURSTON-RD (- Legend Selected Project City Limits I Parcels Community Plan Future Land Use Residential Residential Emphasis Mixed Use Suburban Residential Regional Commercial and Services Community Core Community Commercial Mixed Use Business Park Mixed Use Industrial Public Institutions -CLASSICAL-WAY Parks,Open Space and Recreational Lands Other Public Lands Golf Course Present Rural This 'PP map wasaeated by the Little Tre "e Subdivision '°'"'" " °°'"" t" qS mn Depa�rbrent 13M ^ h �ed'�f°°`V3 Proposed 2 Lot Subdivision with R-3 Zoning ft` °' 8u2015 0 50 100 661 Rosa Way - .94 Acres F Feet � E 0 J'[� 1 inrh=150 feet i l 1 5-274 Submitted 6—1—1✓S 15354 Findings of Fact for Little Tree Minor Subdivision Page 7 of 22 1 J. � _` 3 TE 1-- r*r r r r l u _ `\ T —.. Subject i`_ i ' j�, _I_1 [ � • 1� =?,T ---- p x 0%1 F1 Property — --- OAK Oat I {L•� U 1 _ twa - '1 1 M[NOEN L N / I Tj UFFNE COL Existing Major Street Network and Future ROW Corridor Needs, Greater Bozeman Transportation Plan, 2007,Figure 9-2 egend Interstate Local Roadway Principal Arterial MinorArterial Detail Area Collector ti Future Principal Arterial* �— J City Boundary Future MinorArterial* Future Collector* __� Urban Boundary 15354 Findings of Fact for Little Tree Minor Subdivision Page 8 of 22 FINAL PLAT OF J-455 (a r TRADITIONS SUBDIVISION-PHASE 1 o� LOCATED IN THE E 112 OF THE S£ 114 OF SECTION 4, T. 2 S., R. 5 E. OF P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA — _ FUTURE PHASE 3 %,, FUTURE PHASE 2 L,_ Remainder of Tracl,6 C.O.S. No. 2389 l [S0905.0330E� � 4 --- Annie Street gg 44 r 661.57 — � -- r� -1 mm ,wmron 1= ------- --- � a;li9E sraa LOT 3 MINOR I I� j LOT gA r I \ `�oo st°rn 6aoBv SUBDNISION No. 201 HINSLEY FAMILY I I J �WT Be I MITED PARTNERSHI I lDT a PUBLIC 2152556 �I ).aso s4 n IF Iirt 81 'j '4� PARK 2 s I( xm x>n�iz q ;mm mror r I h\ Vsr Y 36,533 Sq 11 WETLANDS`3 rmmT Z.B. €� 1 i, E\ f� y 0.8787 A- I///�GJ e V. n a \ PRI T al taT 7 i J x)sti�LOT 7A I E n YyQN wam nn�,r t IDr r n Q \\OPEN CE 1 RESTRICTED Ir sass nil . \ 84.11 F1 I LOT SIZE LOT roar I 1.9 j \ 1 ' 5y6n I� H 'LOT 61 ptl1 4� I r4xmnro I �mm.„r I '�. un ).oss s4 PUBLIC \ PARK 3 1PU P i PARK 1 O �D 19,843 (,J fi n 8.4326A.. r(f/f,3' PUBLIC PARK/ r LOT 4� �)LD ,- NEIGHBORHOOD CENTER M FLANDERS CREEK I pmq sa n l u' W PUBLIC PARK 1//'i f SUBDIVISION LO s4 n I' NEIGHBORHOOD CENT i\ & 144,843 Sq/t 3a251 kro LOT 950 I nkR 11 1.I d 9 ,�ad smoo ys r PUBLIC N 1 I 114 PARK 4 zoTz s.sss k rt )95o k n Ig lDT L it 0.1275 Prr9 —""nFlr I^ ��nn, j I LOT 18, I 'j x>SI p n I sii°s�r• tir� �' LOT t s °I s,tm L— sq n IxF LL1r 1A - \• �'r0 ' 3 LJ= r ti 241.84 0 0 341.84 27VO4'3ff I w�4• � s�1 NPo e s Glenwood Drive $ aoxz � i a'rr rruonsc € 1`—Jr smJr g,x gt- I-- g9LOT akn a uxPAI — T �Sqn — LF 7J' ?I .T s2An 3'ts g� q t 3 a 13� !3 ,! I L 1° —iuT° --- -- ° ° --- � _8"'_ PUBLIC PARK 1 :y FLANDERS CREEK ' $ .,.. Brookside(Lane SUBDIVISION _ ____ BLOQK 1 I m �R � � ` � ,�� ,a ,s< � �sai•� I I I Lor t � " M^ I uzwsanl P3'I? SY � 3 � 'J, m .SaHr .9 <' m.3' '_" o � m%�I— Als 9 $ g �I 1 CL4I5s STR7 (uowc WR50°RO,) L — — L— J L — —— —— —— W "L — — — — — —#' R 9a s D D x 650.93' — rna tl 270'04.30" Durston Road ADAM BRONKEN MEMORIA- PARK s¢[-:i 1 2256466 �svw+z ss rrnsr�ua a,amo'xi'n aa'm. " r TRACT 3A nwrmnr acsw.<c,rorrl o_„ c.o.s. Sheet 1 of 2 G5230 MJ PN1 15354 Finding of Fact fog'Little Tree Minos'Subdivision Page 9 of 22 ------------ I � seEr•1s1s'E-1W%' � I § '`y. nror ir-+oaooF W � E 1r UTLNNEAEE PHV PER-N TMAITp 1R.Pilf.N85i \ i eel," i�Y' I `'[ LOT 18 I rsrasn BROOKSIDE LANE•60'R.O.W. f r Pq j EEEE ms�nFws�NT�= ��= i r---- �� . 3 l + , ) ,'y i Xl WREA EA si— t q PEAmtioNlar+ssuN.wl.+ + 3 I LOT 1A � — _ P� f _' ► a r lIUR5TOt7,--DURSTM. •, !£ I tlOMfRONTAGE 11 -- — scE'arrrwalmmim Ly ` -".— .......: 1 F a — t.r - DURSTON ROAD-100'R.O.W. Figure 1: Proposed Preliminary Plat 15354 Findings of Fact for Little Tree Minor Subdivision Page 10 of 22 SECTION 2—REQUESTED VARIANCES No variances are requested as noted in the Executive Summary. 1) No variances are being requested. SECTION -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 I and Lot 1 B. 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 15354 Findings of Fact for Little Tree Minot Subdivision Page 11 of 22 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 -RECOMMENDA TION 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). 15354 Findings of Fact for Little Tree Minor Subdivision Page 12 of 22 SECTION 6-S TAFF 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. 15354 Findings of Fact for Little Tree Minor Subdivision Page 13 of 22 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 15354 Findings of Fact for Little Tree Minor Subdivision Page 14 of 22 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 1 B 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 15354 Findings of Fact for Little Tree Minor Subdivision Page 15 of 22 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- applicationkplan 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. 15354 Findings of Fact for Little Tree Minor Subdivision Page 16 of 22 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 15354 Findings of Fact for Little Tree Minor Subdivision Page 17 of 22 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 IA 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. 15354 Findings of Fact for Little Tree Minor Subdivision Page 18 of 22 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 mares 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 6f`1his 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. �i DATED this��day of bM , 2015. 15354 Findings of Fact for Little Tree Minor Subdivision Page 19 of 22 BOZEMAN CITY COMMISSION Y . KRAUSS ayor ATTEST: C1`1'Y 0 ` ' ♦� 1 . . ST C CityCler r'c ; °n i nN APPROVED AS TO FORM: 6R&SULLIVAN City Attorney 15354 Findings of Fact for Little Tree Minor Subdivision Page 20 of 22 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 DESCRIPTIONAND 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 15354 Findings of Fiat for Little Tree Minor Subdivision Page 21 of 22 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 I91h.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 INFORMATIONAND 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 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.