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HomeMy WebLinkAbout15- Shonkwiler Addition Lot 1A Minor Subdivision Findings of Fact Return to: City of Bozeman City Clerk PO Box 1230 Bozeman MT 59771-1230 Page 1 of 18 City Commission Findings of Fact and Order for Shonkwiler Addition Lot IA Minor Subdivision Preliminary Plat, Application No. P15285 Public Hearing and Action Date: City Commission meeting on August 17, 2015 Project Description: A preliminary plat application requesting a second or subsequent minor subdivision from a tract of record (0.946 acres)to create two lots. Project Location: The property is zoned B-2 (Community Business District). The property is generally located-at northeast corner of North 7th Avenue and Peach Street and is legally described as Lot 1A, Shonkwiler Addition, Southeast '/4 of Section 1, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana. Action: Approved with conditions. Findings of Fact Date: September 14, 2015 Staff Contact: Allyson Brekke,Associate Planner EXECUTIVE SUMMARY Project Summary The property owner Kimmet Properties, represented by Sanderson Stewart, submitted a preliminary plat application to further subdivide a 0.946 acre property lot at the northeast corner of North 7th Avenue and Peach Street. The lot is legally described as Lot lA of the Shonkwiler Addition. Two lots, similar in size to each other, are proposed with the subsequent minor Page 2 of 18 subdivision creation. One commercial building currently exists on Lot IA and it is addressed as 606 North 7th Avenue. Surface parking surrounds the building with access points on both North 7th and Peach. The drive access on Peach will remain and will be utilized as a shared drive access for the two new lots. No additional street or parkland dedication is required for this subdivision. Additionally, no subdivision or zoning variances are requested with this application. Alternatives Considered by the Commission: 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............................................................................................................ 1 Unresolved Issues ..............................................................Error! Bookmark not defined. ProjectSummary....................................................:............................................................ 1 Alternatives.........................................................................................................................2 SECTION 1 -MAP SERIES .......................................................................................................... 4 SECTION 2—REQUESTED VARIANCES ..............:.................................................................. 8 SECTION 3 -RECOMMENDED CONDITIONS OF APPROVAL ............................................ 8 SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS........................ 9 SECTION 5 -RECOMMENDATION AND FUTURE ACTIONS .............................................. 9 SECTION 6 - STAFF ANALYSIS and findings............................................................................ 9 Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................... 9 Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 11 Preliminary Plat Supplements........................................................................................... 12 APPENDIX A —PROJECT SITE ZONING AND GROWTH POLICY...Error! Bookmark not defined. APPENDIX B—PROJECT DESCRIPTION AND BACKGROUND ........................................ 17 APPENDIX C—NOTICING AND PUBLIC COMMENT ......................................................... 18 Page 3 of 18 APPENDIX D—OWNER INFORMATION AND REVIEWING STAFF................................. 18 FISCAL EFFECTS........................................................................Error! Bookmark not defined. ATTACHMENTS..........................................................................Error! Bookmark not defined. Page 4 of 18 SECTION I -MAP SERIES V4r ASPEN ST ,r r. r r �r.. �r s � r G� DURSTON RD Vtr PEACH ST n Hamm �G nr sis ." R 3 W SHORT ST Legend Selected Project City Limits H Q Zoning Districts �..1 Parcels Z .. z Thiema wasaeatedbythe °lyydse:amen CIS D t Shonkwiler Addition Lot 1A1318 epartmen lnleidn�(a•PHm•,i�q yu."ru•rz hn.+j R®Mud 8AIRMS Proposed 2 - Lot Minor Subdivision 50 '� #15-285 Submitted 6-1-15 Feet N ca�waar r.or.rrocar ar i lnfi=t�faet //♦\\ Page 5of18 w� DURSTON RD W W__PEACH ST Legend �o Selected Project City Limits Parcels Land Use(1/1/15) EM Mixed Use SHORT ST W SHORT ST EM RestauraWBar r. Commercial Retail Sales,Services,Banks HotellMotel _ MM Commercial Auto RdministrativelProfessional EJ Light Manufacturing Ma Golf Course NO Park or Open Space' " EM Conservation Easement EM Church a Public Facility wP- SchooiiEducational Facility E3 Single-Household Residential Z EM DuplexlTriplex Residential IM ulti-Household Residential M Mobile HomeWobile Park 0 Right-of-Way Undeveloped Vacant u _. W VIL•I,ARD ST This map was aeeted by the °`yydeuzeman Shonkwiler Addition Lot lA GIS Department /.eased toP.CLn xJ pL i,c v.:cnFj. R°4,d MUMS Proposed 2 Lot Minor Subdivision ��Feel MCI A 7 inch=150feet #1.5-285 Submitted 6-1-15. o wuv r n i I 's Page 6 of 18 ,• � r PIN, ON F N r W . t i ar ZVI- ME r z r �r r r a � ` n �~-DURST'ON�RD r,.. W�PEACH ST .fit n y t[� �;+ i� K . jK Legend 3 Selected Project City Limits ORT ST W`SHORT ST 1 j Parcels r Community Plan Future Land Use _ Residential Residential Emphasis Mixed Use Suburban Residential 7 Regional Commercial and Services tM Community Core r Community Commercial Mixed Use Business Park Mixed Use 5= Industrial r _ Public Institutions 101 Parks,Open Space and Recreational Lands ME Other Public Lands Golf Course Present Rural 118 r. w This map was aeated by the G160Dep azaartment man Shonkwiler Addition Lot 1A13 M q fntemiad lcr P9nni;yp F;e,m:/. Req"d MUMS Proposed 2 - Lot Minor Subdivision °° 100 K #15-285 Submitted 6-1-15 Feet T HF YFIHrHF HI 00 0 bb W t I oil SELIdtl31N110 Abo '•' t Ip11100I N1L VLLtUN t01<N 4 i ml Mw n Z—E7 aNIN02 I e W e Fit 2 a hip N m Z I 1 99 i ''O I��N o � i � � ? i � fir K~p!�-•O ¢` e___ ! i ,\�i � i �� � .~—_— � e ___"__ it hi Ld ------------- 'F A N Z '.— c W Z Q S W 0 0 z` ' .:�1 An ILA o3Sod o oFl _ ', (,, ' •• m V�-Z ¢'= ONO F 6 r L� F Z st Q i of as ' al ! W ' a��F+ i e •—' tl tl N !. it R � s�' 9 �' tl✓ I I tl \ a. uj ol 12 to _ \ � �' •• - '.. �� � _._..mF _ —�— ram,r�/ 3 i;M3nN3AV HLL HLU-N p� a 6 tl tl I► W W Page 8 of 18 SECTION 2 —REQUESTED VARIANCES No subdivision or zoning variances are requested with this preliminary plat application. SECTION 3 -RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in the staff report. These conditions are specific to the preliminary plat application. Recommended Conditions of Approval: Planning 1. A zero lot line agreement must be established and recorded for both lots to allow the proposed trash enclosure to remain located on the proposed property lot line. 2. The plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey and Subdivision Plats (24.183.1104 ARM) and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The Final Plat application shall include three (3) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent);two (2) digital copies; one (1) PDF copy; and five (5) paper prints. The Gallatin County Clerk & Recorder's office has elected to continue the existing medium requirements of 2 mylars with a 1 Y2"binding margin on one side for both plats and COS's. The Clerk and Recorder will file the new Conditions of Approval sheet as a separate document from the Plat. This accompanying sheet may either be on a same sized mylar sheet or a letter or legal paper document with up to 11 x 17 exhibits. 3. 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. 4. 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. 5. 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. Water and Seii)er Page 9of18 6. The proposed water and sewer services for Lot 1-A.2 must be constructed per the City of Bozeman Design Standards and Specifications Policy and located in the standard locations as approved by the Water and Sewer Superintendent. The services shall be constructed or financially guaranteed prior to final plat approval per Uniform Development Code Section 38.39.030.B.1. JAIPscellaneous 7. A private utility, existing underground power service, on the southeast corner of Lot 1- A.2 appears to serve the adjacent property owner. Provide a utility easement over the existing power service if it is the service for the adjacent property. SECTION 4- CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS None have been identified at this time. SECTION 5 -RECOMMENDATIONAND FUTURE ACTIONS Project Name: Shonkwiler Addition Lot lA Minor Subdivision Preliminary Plat File: 15-285 The Development Review Committee (DRC) reviewed the Preliminary Plat application on July 1 and 15, 2015. On July 15 2015, the'DRC determined the application submittal contained detailed, supporting information that is sufficient to allow for the review of the proposed subdivision; and as a result, found that the application, with the recommended conditions of approval, is in compliance with the adopted growth policy,the Montana Subdivision and Platting Act and the Unified Development Code. 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. The advisory boards and City Commission shall considered 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. 2, the final plat must comply with State statute, Administrative Rules of Montana, and the Bozeman Municipal Code. Page 10 of 18 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 hearing before the City Commission was properly noticed as required by the Bozeman UDC. Based on the recommendation of the Development Review Committee (DRC) and other applicable review agencies, as well as any public testimony received on the matter, the City Commission made a final decision on the applicant's request. A preliminary plat application was submitted to the Department of Community Development on June 10, 2015 and was deemed acceptable for initial review on June 17, 2015. The preliminary plat was reviewed by the DRC on July 1 and 15, 2015. The DRC and Staff determined the submittal contained detailed and supporting information that is sufficient to allow for the review of the proposed subdivision on July 15, 2015. All supplemental information under 38.41.060, BMC was found to be satisfactory. Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday, August 2, 2015. The site was posted with a public notice on July 31, 2015. Public notice was sent to physically 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 July 31, 2015. No comment was received following public noticing. On August 6, 2015, the 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. The Commission approved the project 5:0 at their August 17, 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 was made within 60 working days of the date it was deemed adequate; or in this case by October 8, 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. Some conditions of approval are noted to complete the application processing as the project proceeds to final plat. Pertinent code provisions and site specific requirements are included in the staff report. Page I I of 18 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 by Section 38.23.060.A, 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 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. In addition, pursuant to Section 38.24.090.A, BMC, plats shall contain a statement requiring lot accesses to be built to the standard contained in this section, the city design standards and specifications policy, and the city modifications to state public works standard specifications. Primary Subdivision Review Criteria, Section 76-3-608 1) The effect on agriculture The subject property is designated as a commercial area according to the City of Bozeman Community Plan. The property is zoned for commercial development and is within a developed commercial corridor that has previously undergone subdivision review and approval. Therefore, this subsequent subdivision will have no adverse effects on agriculture. 2) The effect on Agricultural water user facilities No agricultural water user facilities were identified on the subject property. The property is designated as a commercial area according to the City of Bozeman Community Plan. The area is zoned for commercial development, has previously undergone subdivision review and approval, and has already been partially developed. Therefore, this subsequent subdivision will have no adverse effects on agricultural water user facilities. 3) The effect on Local services Water/Sewer — Municipal water and sewer mains exist in the adjacent street right-of-ways. No additional water and sewer mains are required to service the proposed subdivision. Each lot will connect to the 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. Minimal impacts on local services are anticipated with this subdivision. Streets — The DRC has determined that the adjacent streets have capacity to accommodate this development. Adequate additional Peach Street right-of-way is shown on the preliminary plat. Following any new water and service line installations to accommodate the new lots/development, all street improvements will be constructed to acceptable City standards including curb, gutter,pavement, boulevard sidewalks and storm water facilities. Page 12 of 18 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 - The standard requirement for a detailed review of the final grading and drainage plan, and approval by the City Engineer, will be required as part of the infrastructure plan and specification review process prior to final plat approval. Parkland—Additional parkland is not required with this commercial subdivision. 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. 5) The effect on Wildlife and wildlife habitat The further subdivision of the existing commercial lot will have little to no impacts on wildlife and wildlife habitat. Further,the project is in an area identified for development. 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 were noted throughout the staff report. In addition, all subdivisions must.be reviewed against the criteria listed in 76-3-608.3.b-&,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 October 24, 2014. Waivers were inadvertently not requested by the applicant from Section 38.41.060 "Additional Subdivision Preliminary Plat Supplements" with the pre-application plan review application. Therefore, the preliminary plat included supplemental information under 38.41.060, BMC including: 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) water and sewer, 11) stormwater management, 12) street, roads and alleys, 13) utilities, 14) educational facilities, 15) land use, 16) parks and recreation facilities 17) neighborhood center, 18) lighting plan, 19) miscellaneous, and 20) affordable housing. Staff offers the following summary comments on the supplemental information required with Article 38.41, BMC. 38.41.060.A.1 Surface Water There are no areas of surface water within the subdivision. The nearest surface water is approximately 400 feet from the property, as shown on Map A in the application materials. Page 13 of 18 38.41.060.A.2 Floodplains There are no floodway or flood plain areas within 2,000 horizontal feet of the subdivision, as shown on Map B in the application materials. 38.41.060.A.3 Groundwater Groundwater is estimated at 4 to 5 feet. Map C in the application materials shows depth to groundwater in and around the vicinity of the site. 38.41.060.A.4 Geology, Soils and Slopes See Map D in the application materials for local soils conditions. There is one soil type within the proposed property boundary—Soil Unit Symbol 5013, Blackdog Silt Loam. 38.41.060.A.5 Vegetation See Map E in the application materials shows the existing vegetation. Due to previous site development, vegetation on the site is urban in nature. 38.41.060.A.6 Wildlife Due to the urban environment and small size of the site,no wildlife is noted on the site. 38.41.060.A.7 Historical Features The State Historical Society indicated there to be no known cultural properties within the subject area. 38.41.060.A.8 Agriculture Due to previous development, there is no agricultural use on the site. See Map H in the application materials. 38.41.060.A.9 Agricultural Water User Facilities Due to previous development and the urban nature of the site, there are no agricultural water user facilities on the site. Refer to Map H in the application materials. 38.41.060.A.10 Water and Sewer As shown on the preliminary plat, water and sewer are located within the Peach Street right-of- way. Services are already provided to the proposed Lot 1-A1. Proposed service lines for the proposed Lot 1-A2 are shown on the preliminary plat. 38.41.060.A.11 Stormwater Management A stormwater management plan was provided for the existing building and parking on the property. It is anticipated that a stormwater management plan will be provided for the proposed Lot 1-A2 at the time of site plan review for that lot. Page 14 of 18 38.41.060.A.12 Streets, Roads and Alleys No new streets, roads or alleys are proposed with this preliminary plat. The property owner proposed the dedication of the additional West Peach Street right-of-way with the site plan development that occurred in coordination with the construction of the existing building on the property (zoning file no. Z-13056). The 6.5' public access easement is intended to accommodate a future turn lane on West Peach Street and the standard City of Bozeman easement was prepared and recorded on the property. The plat correctly shows the easement location. 38.41.060.A.13 Utilities Utilities are existing adjacent and within the site. The preliminary plat shows the proposed utility easements for existing Northwestern Energy utilities located within Lot 1-A2 that serve Lot 1-Al and properties to the north. 38.41.060.A.14 Educational Facilities As this is a commercial subdivision, educational enrollment is not affected. 38.41.060.A.15 Land Use The two proposed lots comply with the existing zoning designation of B-2. 38.41.060.A.16-Parks and Recreation Facilities The development is planned for commercial development and therefore, additional parkland is not required. 38.41.060.A.17 Neighborhood Center Plan A neighborhood center is not included or required with this subdivision. The subdivision does not meet the requirements to require a neighborhood center. 38.41.060.A.18 Lighting Plan Subdivision or street lighting is not required pursuant to Section 38.23.150.B, BMC. No lighting is being proposed with this subdivision. 38.41.060.A.19 Miscellaneous 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 The Workforce Housing requirements,Article 10.8,BMC,have been suspended by the City Commission. Page 15 of 18 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 a preliminary plat application requesting a second or subsequent minor subdivision from a tract of record (0.946 acres) to create two lots. B. The purpose of the preliminary plat review was 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. The matter of the preliminary plat application for Shonkwiler Addition Lot lA Minor Subdivision was considered by the City Commission at a public hearing on August 17, 2015 at which time the Department of Community Development Staff reviewed the project and stated that no public comment had been received prior to the hearing in response to the noticing on the matter of this preliminary plat application. D. Lauren Waterton from Sanderson Stewart, representing the applicant/property owner, discussed the design of the subdivision and indicated the applicant's agreement with the recommended conditions of approval. E. The public hearing portion was,,then opened to hear public testimony on the matter of the preliminary plat application. No members of the public commented on the application. After receiving no public testimony, the City Commission then closed the public comment portion on the matter of the preliminary plat application. F. It then 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 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 them regarding this application, the City Commission makes the following decision: G. The preliminary plat has been found to meet the criteria of Chapter 3 8, BMC, and is therefore approved, subject to the conditions listed in Section 3 of this document and the correction of any elements not in conformance with the standards of the Chapter including those identified in Section 4 of this document. The evidence contained in the submittal materials, advisory body review, the staff report, and this document, justify the conditions imposed on this Page 16 of 18 development to ensure that the subsequent development complies with all applicable regulations, and all applicable criteria of Chapter 3 8,BMC. H. 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 Director of Community Development for a period of mutually agreed upon time. DATED this day of , 2015. BOZEMAN CITY COMMISSION JEFV _ V K:KRAUSS �"or r' } ATTEST: ,�)O�Zt , 0 . STAY Cit 11Cl4 I,1g,i v c° APPROVED AS TO FORM: GREOULLIVAN City Attorney Page 17 of 18 APPENDIX A —PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned "B-2" (Community Business District). The intent of the B-2 community business district is to provide for a broad range of mutually supportive retail and service functions located in clustered areas bordered on one or more sides by limited access arterial streets. Adopted Growth Policy Designation: The property is designated as "Community Commercial Mixed Use" in the Bozeman Community Plan. The Plan indicates that "Activities within this land use category are the basic employment and services necessary for a vibrant community. Establishments located within these categories draw from the community as a whole for their employee and customer base and are sized accordingly. A broad range of functions including retail, education, professional and personal services, offices,residences, and general service activities typify this designation." APPENDIX B PROJECT DESCRIPTIONAND BACKGROUND Project Description The property owner Kimmet Properties, represented by Sanderson Stewart, submitted a preliminary plat application to further subdivide a 0.946 acre property lot at the northeast comer of North 7th Avenue and Peach Street. The lot is legally described as Lot lA of the Shonkwiler Addition. Two lots, similar in size to each other, are proposed with the subsequent minor subdivision creation. One commercial building currently exists on Lot IA and it is addressed as 606 North 7th Avenue. Surface parking surrounds the building with access points on both North 7th and Peach. The drive access on Peach will remain and will be utilized as a shared drive access for the two new lots. No additional street or parkland dedication is required for this subdivision. Additionally, no subdivision or zoning variances are requested with this application. Project Background A Site Plan and Certificate of Appropriateness application for the construction of the existing building on the property was proposed and approved in 2013 (zoning application no. Z-13056 — Cellular Plus). The site plan proposal at that time was configured in a way to support future subdivision of the property, which was always the future plan for the property owner. A subdivision pre-application for the subject property was submitted on September 24, 2014. The pre-application was reviewed by the Development Review Committee (DRC) on October 15 and 24, 2015 and summary review comments were forwarded to the applicant in preparation of the preliminary plat application. No waivers for supplemental information under 38.41.060, BMC were granted. Page 18 of 18 A preliminary plat application was submitted on June 10, 2015 and was deemed acceptable for initial review on June 17, 2015. The preliminary plat was reviewed by the DRC on July 1 and 15, 2015. The DRC and Staff determined the submittal contained detailed and supporting information that is sufficient to allow for the review of the proposed subdivision on July 15, 2015. All supplemental information under 38.41.060, BMC was found to be satisfactory. APPENDIX C—NOTICING AND PUBLIC COMMENT Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday, August 2, 2015. The site was posted with a public notice on July 31, 2015. Public notice was sent to physically 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 July 31, 2015. No comment was received on the project. On August 6, 2015, the 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. The Commission approved the project 5:0 at their August 17, 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 was made within 60 working days of the date it was deemed adequate; or in this case by October 8, 2015. APPENDIX D— OWNER INFORMATIONAND REVIEWING STAFF Owner: Kimmet Properties LLC, 2501 Saint Johns Avenue, Billings, MT 59102 Representative: Sanderson Stewart, 106 E. Babcock Avenue, Bozeman, MT 59715 Findings of Fact Drafted By: Allyson B. Brekke, Associate Planner