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HomeMy WebLinkAbout16- Findings of Fact and Order - Mandeville State School Section Return to:' City of Bozeman City Clerk PO Box 1230 Bozeman MT 59771-1230 BOZEMAN CITY COMMISSION FINDINGS OF FACT AND ORDER FOR THE MANDEVILLE STATE SCHOOL SECTION MINOR SUBDIVISION PRELIMINARYPLAT, 15-449 Public Hearing Date: City Commission meeting is on December 28,2015 at 12:00 pm Project Description: A preliminary plat application to subdivide 3.36 acres into two (2) light manufacturing zoned lots. No parkland,open space or streets are proposed. Project Location: The property is zoned M-1 (Light Manufacturing District). The property is addressed at 2360 North 7"' Avenue and legally described as Lot 18A of the Amended Plat of the Gordon Mandeville State School Section Subdivision, located in the Southeast One-Quarter (SE '/) of Section 36, Township One South (T1S), Range Five East (R5E), P.M.M., Gallatin County,Montana. i Recommendation: Approval with conditions. 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 15-449 and move to approve the Gordon Mandeville State School Section Minor Subdivision Preliminary Plat with conditions and subject to all applicable code provisions." Report Date: January 25,2016 Staff Contact: Tom Rogers, Senior Planner i Agenda Item Type: Action(Quasi-judicial) 3 i 7 X 5-449, Findings of Fact and Order for Gordon Mandeville State School Section MiSuh Page 2 of 20 EXECUTIVE SUMMARY Unresolved Issues There are no unresolved issues at this time. Project Summary The property owner, Powder River Company, LLC, 1000 Abigail Ranch Road, Bozeman, MT 59715, represented by C&H Engineering and Surveying, Inc., 1091 Stoneridge Drive, Bozeman MT 59718 submitted an application to further subdivide 3.36 acres into two light industrial zoned lots. No parkland is required. No additional streets or similar improvements are requested or required with the proposed subdivision. Additionally, no subdivision or zoning variances are requested with this application. This is a first minor subdivision fiom a tract of record. The final decision for a first minor subdivision Preliminary Plat must be made within 35 working days of the date it was deemed adequate; or in this case by December 29,2015. Alternatives 1. Approve the application with the recommended conditions; 2. Approve the application with modifications to the recommended conditions; 3. Deny the application based on the Commission's findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the application,with specific direction to staff or the applicant to supply additional information or to address specific items. TABLE OF CONTENTS EXECUTIVE SUMMARY............................................................................................................ 2 Unresolved Issues...............................................................................................................2 ProjectSummary.................................................................................................................2 Alternatives......................................................................................................................... 2 SECTION I - MAP SERIES .......................................................................................................... SECTION 2—REQUESTED VARIANCES ................................................................................. 9 SECTION 3 -RECOMMENDED CONDITIONS OF APPROVAL ............................................ 9 SECTION 4 -CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS...................... 10 SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS ............................................ 10 I5-449, Findings of Fact and Order for Gordon Mandeville State School Section MiSub Page 3 of 20 SECTION 6 - STAFF ANALYSIS and findings..................................................................I....... 10 Applicable Subdivision Review Criteria, Section 38.03.040,BMC................................. 10 Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 12 Preliminary Plat Supplements........................................................................................... 13 SECTION 7 -FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 17 APPENDIX A—PROJECT SITE ZONING AND GROWTH POLICY..................................... 19 APPENDIX B PROJECT DESCRIPTION AND BACKGROUND.......................................... 19 APPENDIX C—NOTICING AND PUBLIC COMMENT......................................................... 20 ......................... APPENDIX D—OWNER INFORMATION AND REVIEWING STAFF.................................20 3 psp �I III' t t i �f j d s m N r Lw VO r .� ►177 ! !!l w `op' /5 �, ■ urAn a'iaaWa�rs�e' � �� R '°� I � f Y ° V � . € l�� _�,..r°�S E _ l; i_+�!4 f..., �- t�d�lily� ���•�Ip 11��� IHIEII� x. Al lai J+ i 5: 1 'fj r 7 I5.-449, Findings of Fact and Order for Gordon Mandeville State School Section MiSub Page 5 of 20 ram- ' xf^' 4 Legend Seie6"Pra]ect City.Llmits' f. Paice,kv. Land.tlse 1406) ;Mixed Use 10- RestaurantlBar. Commereia[RetallSales,Services,Banks CommereialAulo [� Adimmstr©tivelProfessional � ��'�g� � ,�` Q ught Manufacturing IM Golf&our e Park or Opel Space i{ c 'ConservationEase 7, Cliul'c17' Public F&cillty. x K Schook%Educational Facillty \V sGt?X�1HiCN.DR D Single:Hoysehold Residential DuplexlT#ipl@x Re$idsnhal, (Nuiti t-iousehold Residential! I! ® Mobile 0 Rig hf-of Wey "� ® Updeveioped ' ®Vasarit . apatlras6is;tn: Go dbn Mmide Ville Lot :I8A G,S DeparE�,ct;.; •,,, P wosed Two Lot M nor.Sub i kid�id;fa7lJa15 ... - A #I5-44 Submitted .--24-.15 , l 15-449, Findings of Fact and Order.for Gordon Mandeville State School Section MiSub Page 6 of 20 t V 3 ' y IIS� f h w. Q � I j jirl Legend iFF AL O TRL: - Selected Project City Limits Parcels Community Plan Future:.Land Ilse Residential f Resldentiel Emphasis Mixed Use i Suburttan Rfsldential - - r Regional Commercial and services i Community Core d� Community Commercial Mixed Use f Business Park Mixed Use I Industrial , Pubic Institutions r 'r Parks,opi n Space and Recreational Lands �Vm (,t{It t M:])];. OtheifPublic Lands Gulf Course ) Present Rural ^ Gordon Mandeville Lot 18A GISEkFd:-cn[ 130 Proposed Two Lot 1\11i:l.or Stab Rxitl.15{tlX15 ' Current 1\/1-1 Zonvig f Indr.2fRteet #1.5-449 Submitted 9-24-15 a'ixo¢yart�T CnQ ro C.Gl£� PRELIMINARY PLAT OF E� .A�14.� mx LLC AACADED PLAT OF LOT 18 A OF AAEMXD LOT 18, GORDON MAAVEVXLE STATE SCHOOL SEC770M SLMVISRON LOCATED IN THE SE I/4. SECTION 36. T. 1 S., R. 5 F OF P.M.M., ;,f CITY OF BOZEMAN, GALLATIN COUNTY; MONTANA NN\� \ ..'ti eclRlr•Iwrs o� oeotew�ow wr.en w�n�ww wwr.s �. 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LOT 15-A-2- �+we I8 �. ee et c 20' m s e r �a e t' T a �� � LOT AY Al HT OF.WAY•"- , � \ I � :\ f�°^ oI - g I i. 32..b Comriwn y`:'erg . 1 t8—A-2 rAeee31� �Cos 7174e i19,721 Swore Fnet yeNt r Q�s;rCpQ �7'; 1 asemerit �s We 2.7484 Atfe �. LOT- JIp b _ 1 29,415 Square ��r��.S� may:. 1P?{Oc,do5epe* �% ��eS ExiSCING Acres .r`„r�-`-. dip` \ D1#'R�E r S'^%r ase.,=- y��nn I I BLDG. mac•. 3i N�i--' ayi �'. \ -[hr0-16'1 �'.,•.,., ':Se 1� .9.4 ENS ) - 9.45L14'W \ z" r L . '' _. Coosa ER).- FN� ` 1—' LOT i�—'� #27.36 NB9'4514'� (Ry Ex�smNG• MARKED � AMENDED PLAT OF LOT,a. BLOC- 0005 27LTi31 r,ORDO-i MmDELILLE STATE 2332 LLC ( [td8gi6'AS W�}. \7C.15 18'3 (#1) 1�y ! SCHOOL SCC7IJ.t SJBCf1r,=O 2429338 .. E%ISIINCIBItBG.. 18.. �R Scl 30.0 Wide E09lrrenE TOf�Ingress and E9reas ; V.P.C. 70•00 (R� v1 ��Aonsoao Power Company Paflel (NO Nw Energ �P 98 3 VN -'"---`"--+7 ,,� Z'�t: � 1•�'1 u/� ) EX 6"....WATER...NAIN r+ru C 241.67 NOW45`1,CW (R) \; :' M1-EICSRIMG I L_,_ KDFJ. like, -,rATE OF' s Taranto. BLtic. 1 !I LOT i? t j UOT 20` 246a172 ff �C'OIM.0'4 NANOCVILI,E..5T4TE 5CHCCL \ ''CP?`CW f ANUE:'ILL STrt.TE'SC.31''iiDL . C S<CFCM SUB3IMSIC'H' � l v SEC-ICN SUBL""SICN L" rr r i �', J �; 15--449, Findings of Fact and Order for Gordon Mandeville State School Section MiSuh Page 9 of 20 SECTION 2—REQ UESYTED VARIANCES No subdivision or zoning variances are requested with this preliminary plat application. SECTION3 -RECOMMENDED CONDITIONS OFAPPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. These conditions are specific to the preliminary plat application. Conditions of Approval: 1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. The applicant shall submit with the application for Final Plat review and approval, a written narrative stating how each of the conditions of preliminary plat approval and noted code provisions have been satisfactorily addressed, and shall include a digital copy (pdf) of the entire Final Plat submittal. This narrative shall be in sufficient detail to direct the reviewer to the appropriate plat,plan, sheet,note,covenant, etc. in the submittal. z 3. The plat shall conform to the Uniform Standards for Certificates of Survey and Subdivision Plats under the Administrative Rules of Montana (ARM 24.183.1104). Existing property lines should be different than those of new property.lines and labeled. 4. Prior to final plat approval an executed waiver of right to protest the creation of special improvement districts (SIDS) for a park maintenance district will be required to be filed and of record with the Gallatin County Clerk and Recorder,unless already filed with annexation. 5. Plat notes shall be included on the Conditions of Approval sheet to inform future land owners that the Lot 18-A-2 has limited development options due to the extraordinary number and area of existing easements. Federal, state, and local plans, policies, regulations, and/or conditions of subdivision approval that may limit the use of the property, including the location, size, and the use are shown on the Conditions of Approval sheet or as otherwise stated. Buyers of property are strongly suggested that they have obtained and reviewed all sheets of the plat and all documents recorded and filed in conjunction with the plat. Buyers of property are strongly encouraged to contact the local planning department and become informed of any limitations on the use of the property ! prior to closing. i! b. The applicant must demonstrate that the proposed easement for the shared access is sufficient to allow vehicular entrance and egress to both lots without encroaching on areas with no easement. i 15-449, Findings Of Eact and Orderfor Gordon Mandeville State School Section MiSub Page 10 of 20 7. Plat note shall be included on the Conditions of Approval sheet to inform future land owners that service mains are not installed to Lot 18-A-2. Buyers of Lot 18 A-2 are on notice that water and sewer service mains are NOT installed to the perimeter of the property. 8. Although not a requirement, the applicant is encouraged to consider relocating the existing sanitary sewer services on Lot 18-A-2 near the edges of the lot. The proposed lot 18-A-2 is already heavily encumbered by easements, and the proposed sanitary sewer easements located through the center of the lot will further encumber the lot. SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS None have been identified at this time. SECTION 5 - RECOMMENDA TION ANDFUTURE ACTIONS Project Name: Gordon Mandeville State School Section Minor Subdivision Preliminary Plat File: 15-449 The Development Review Committee (DRC) reviewed the Preliminary Plat application on October 28 and November 4, 2015. On November 4, 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, finds 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 ANAL YSIS 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: I5-449, Findings of Fact and Order for Gordon Mandeville State School Section MiSub Page 11 of 20 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. 3 the final plat must comply with State statute,Administrative Rules of Montana,and the Bozeman Municipal Code. 2) Compliance with the Iocal 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 has been 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 will make the final decision on the applicant's request. A preliminary plat application was submitted to the Department of Community Development on October 8, 2015 and was deemed acceptable for initial review on November 4, 2015. The preliminary plat was reviewed by the DRC on October 28 and November 4, 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 November 4, 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, December 13, 2015. The site was posted with a public notice on December 9, 2015. Public notice was sent to property owners of record within 200 feet of the subject property via first class mail, on December 9, 2015. No comment has been received as of the production date of this report. On December 18, 2015, this subsequent minor subdivision staff report was drafted and forwarded with a recommendation of conditional approval by the Director of Community j Development for consideration by the City Commission. The Commission is scheduled to make a final decision at their December 28, 2015 public hearing. The final decision for a first minor 4 subdivision Preliminary Plat must be made within 35 working days of the date it was deemed adequate; or in this case by December 29,2015. i 'i 15-449, Findings of Fact and Order for Gordon Mandeville State School Section MiSub Page 12 of 20 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 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 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 an industrial area according to the City of Bozeman Community Plan. The property is zoned for light industrial development and is within a developed commercial corridor. 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 an industrial area according to the City of Bozeman Community Plan. The property is zoned for light industrial development and is within a developed commercial corridor, and has already been partially developed. Therefore, this 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,North 7a'Avenue. Subsequent development plans for the undeveloped property is undetermined at this time. Due to variety of activities associated with industrially zoned properties, properly sized water and sewer mains cannot be determined. Therefore,to minimize impacts and damage to the 15 449, Findings of Fact and Order for Gordon Mandeville State School Section MiSub Page 13 of 20 street and insure the installation of correct sizing of the services mains a plat note informing future property owners of the requirement that water/sewer services are required is included with Condition 7 as permitted by Section 38.34.010.E.1,BMC. Streets — The DRC has determined that the adjacent streets have capacity to accommodate this development. No additional streets or access roads are required with this subdivision. 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—Parkland is not required with this industrial 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 farther 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 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 June 10, 2015. Numerous waivers were requested by the applicant from Section 38.41.060 "Additional Subdivision Preliminary Plat Supplements" with the pre-application plan review application. The Development Review Committee granted the following waivers with the Preliminary Plat f Application; 1) Surface Water, 3) Groundwater, and 2) Floodplains, 4) Geology-soils-slopes, f h I5-449, Findings of Fact and Of der for Gordon Mandeville State School Section Misub Page 14 of 20 5)Vegetation, 14)Educational Facilities. 6)Wildlife, 16)Parks and recreational facilities, 7)Historical Features, 17)Neighborhood center plan, 8)Agriculture, 18)Lighting plan. 9)Agricultural Water User Facilities, 19) Miscellaneous, 12) Streets, roads and alleys, 20)Affordable Housing, A waiver to the supplemental information for the following are not granted: 10) Water and Sewer, 11) Stormwater management, 13) Utilities, and 15) Land use 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. There are no areas of surface water within the subdivision. 38.41.060.A.2 Floodplains Supplemental information waived by the DRC. There are no floodway or flood plain areas within 2,000 horizontal feet of the subdivision. 38.41.060.A.3 Groundwater Supplemental information waived by the DRC. 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 Supplemental information waived by the DRC. There are no known geologic hazards associated with the site. The property is relatively flat minimizing geologic hazards. 38.41.060.A.5 Vegetation Supplemental information waived by the DRC. No significant or critical vegetation exists on the subject property. Noxious weeds are being controlled by the required Noxious Weed Management Plan. In addition,there are ongoing performance measures required with the Weed Management Plan to insure control of noxious weeds on site. 38.41.060.A.6 Wildlife Supplement information waived by the DRC. This is a developing urban area. The property is designated as an industrial area according to the City of Bozeman Community Plan. The property is zoned for light industrial development and is within a developed commercial 15-449, Findings of Fact and Order for Gordon Mandeville State School Section MiSub Page 15 of 20 corridor. Although there are incidental small animals residing on this and adjacent property infill development within the City limits will occur. 38.41.060.A.7 Historical Features Supplemental information waived by the DRC. This is a developing urban area. There are no known cultural resources historical structures existed on the site. 38.41.060.A.8 Agriculture Supplemental information waived by the DRC. This is a developing area and this property is not used for agriculture. 38.41.060.A.9 Agricultural Water User Facilities Supplemental information waived by the DRC. There are no agricultural water user facilities on or adjacent to the subject property. 38.41.060.A.10 Water and Sewer Water for domestic and fire protection will be provided by connections to the City of Bozeman water system. The City provides service for the existing building located on proposed Lot 18-A- ! 1. Industrial uses require a wide range of water and sewer demands. No building or uses are proposed to be constructed with this application. Therefore, the service stubs should not be constructed until a future site plan is submitted to ensure the correct sizing of the services. As such, a security must be provided for the services per Bozeman Municipal Code (BMC) Section 38.39.050.C.2 which can be provided by a restrictive plat note (Condition No. 7). 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 18-A-2 at the time of site plan review for that lot. 38.41.060.A.12 Streets, Roads and Alleys No new streets, roads or alleys are proposed with this preliminary plat. Future development of proposed Lot 18-A-2 will require the construction of a drive access meeting the requirements of Section 38.24.090, BMC. C To insure that the proposed easement for the shared access is sufficient to allow vehicular entrance and egress to both lots without encroaching on areas with no easement for Lot 18-A-1 and 18-A-2 Condition No. 6 is included to allow for the additional setbacks for Minor Arterial streets. 35.41.060.A.13 Utilities I Utilities are located adjacent to and within the site. The preliminary plat shows the required 10 foot utilities easements fronting U.S. Highway 10. Typical utility providers were contacted to t li I5-449, Findings o#'Fact and Order for Cordon Mandeville State School Section MiSuh Page 16 of 20 insure the site can be served and responses indicating additional utility capacity is available were included with the preliminary plat submittal. 38.41.060.A.14 Educational Facilities As this is an industrial subdivision, educational enrollment is not affected. 38.41.060.A.15 Land Use The two proposed lots comply with the existing zoning designation of M-1. 38.41.060.A.16 Parks and Recreation Facilities The development is planned for industrial development and therefore, parkland is not required. However, as required an executed waiver the right to protest the creation of special improvement districts (SIDs) for a park maintenance district will be required to be filed and of record with the Gallatin County Clerk and Recorder, unless already filed with annexation(Condition No. 4). 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. 15-449,Findings of Fact and Orden for Gordon Mandeville State School Section MiSuh Page 17 of 20 SECTION 7- FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS A. PURSUANT to Chapter 38, Article 3, BMC, and other applicable sections of Chapter 38, BMC, public notice was given, opportunity to submit comment was provided to affected parties, and a review of the preliminary plat described in this findings of fact was conducted. The applicant presented to the City a proposed preliminary plat for a minor subdivision for the subdivision of 3.36 acres into two industrially zoned 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. 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 E 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. �I 1-5-449, Findings of Fact and Ortler.for Gordon Mandeville State School Section MiSub Page 18 of 20 DATFD this--c�j day of 2016 BOZEMAN CITY COMMISSION '7 Carson Taylor Mayor ATTEST: ST *i-,"C Ci "er APPRD) E AS TO FORM: lG SULLIVAN Attorney t�yAttomey I5-449, Findings of Fact and Order for Gordon Mandeville State School Section MiSrlb Page 19 of 20 APPENDIX A —PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned "M-1" (Light Manufacturing District). The intent of the M-1 light manufacturing district is to provide for the community's needs for wholesale trade, storage and warehousing, trucking and transportation terminals, light manufacturing and similar activities. The district should be oriented to major transportation facilities yet arranged to minimize adverse effects on residential development,therefore, some type of screening may be necessary. Adopted Growth Policy Designation: The property is designated as "Manufacturing" in the Bozeman Community Plan. The Plan indicates that "This classification provides areas for the uses which support an urban environment such as manufacturing, warehousing, and transportation hubs. Development within these areas is intensive and is connected to significant transportation corridors. In order to protect the economic base and necessary services represented by industrial uses, uses which would be detrimentally impacted by industrial activities are discouraged. Although use in these areas is intensive,these areas are part of the larger community and shall meet basic standards for landscaping and other site design issues and be integrated with the larger community. In some circumstances, uses other than those typically considered industrial have been historically present in areas which were given an industrial designation in this growth policy. Careful consideration must be given to public policies to allow these mixed uses to coexist in harmony." II APPENDIX B PROJECT DESCRIPTION AND BACKGROUND k Project Description The property owner Powder River Company, represented by C&H Engineering and Surveying, Inc., submitted a preliminary plat application to further subdivide 3.36 acres into two light industrial zoned lots. No parkland is required. No additional streets or similar improvements are requested or required with the proposed subdivision. Additionally, no subdivision or zoning variances are requested with this application. This is a first minor subdivision from a tract of record. �I Project Background 1 The parent tract (Lot 18) was created in 1954 by the Gordon Mandeville State School- Section Subdivision which included a drive in theater on Lots 16 and 17. Lot 18 was further subdivided to create three(3)lots; Lot 18-A, 18-B,and a utility lot for Montana Power Company in 1986. l 1 ,f I5-449, Findings of Fact and Order for Gordon Mandeville State School Section MiSub Page 20 of 20 A subdivision pre-application for the subject property was submitted on May 6, 2015. The pre- application was reviewed by the Development Review Committee (DRC) on May 27, June 3 and June 10, 2015 and summary review comments were forwarded to the applicant in preparation of the preliminary plat application. Numerous waivers for supplemental information under 38.41.060,BMC were granted. A preliminary plat application was submitted on October 8, 2015. The preliminary plat was reviewed by the DRC on October 28 and November 4, 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 November 4, 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, December 13, 2015. The site was posted with a public notice on December 9, 2015. Public notice was sent to property owners of record within 200 feet of the subject property via first class mail, on December 9, 2015. No comment has been received as of the production date of this report. On December 18, 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. The Commission is scheduled to make a final decision at their December 28, 2015 public hearing. The final decision for a first minor subdivision Preliminary Plat must be made within 35 working days of the date it was deemed adequate; or in this case by December 29,2015. APPENDIX D-- OWNER INFORMA TION AND REVIEWING STAFF Owner: Powder River Company,LLC, 1000 Abigail Ranch Road,Bozeman,MT 59715 Representative: C&H Engineering and Surveying, Inc., 1091 Stoneridge Drive, Bozeman MT 59718 Report By: Tom Rogers,AICP, Senior Planner II REODFSIm HI'OWNER M CREATE 2 L.O15 MOI AV ENH:TWO LOT WHIN A RRATRD 91HNN19ON PRELIMINARY PLAT OF DNNE]L Pa.a«RN«Aanpmw AMBVM PLAT OF LOT 18 A OF AAaEADED LOT lig GORDON m RPTb DNe.Na z+TAaaT MAAVEVUE STATE SCHOOL SEC77{,/(Y S(,/p///VN/{,/7• or neDlc,..rloN LIMN„Y:r�O.arr'da'fir:aM a:mwualw wolmvm IwbAdwa,ae falo.ela,w�eIn.e .mi le�,la LOCATED IN THE SE 114, SECTION 36, T. 1 S, R. 5 E. 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