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HomeMy WebLinkAbout21282 Approval Letter October 25, 2021 Chris Wasia Genesis Engineering, Inc. 204 N. 11th Ave. Bozeman, MT 59715 RE: Soper Minor Subdivision Preliminary Plat Application 21282 Preliminary Approval Dear Genesis Engineering, Inc., On September 21, 2021, the Bozeman City Commission met to consider your application for a preliminary plat to allow the subdivision of one lot of 0.74 acres to create two lots, one of 0.43 acres and one of 0.31 acres. After the City Commission reviewed and considered the application materials, staff report, advisory review board recommendations, public comment, and all the information presented, they made individual findings and voted to approve the motion to approve the application. The Commission agreed that the application met the criteria established by the Bozeman Municipal Code. Therefore, the application was approved with conditions and applicable code provisions. The Findings of Fact and Order for this subdivision was authorized for the Mayor to sign on October 19, 2021. The City Commission’s review, deliberation and findings may be found under the linked minutes and recorded video of the meetings located at this web page filed under the date 9/21/2021: https://bozeman.granicus.com/player/clip/153?view_id=1&redirect=true The following conditions of approval and code provisions are required for this application: Conditions of approval: 1. BMC 38.220.070 - The final plat must contain the following notation on the Conditions of Approval sheet prior to Final Plat Approval: a. Development creating only one additional dwelling unit or increasing occupancy of group quarters by no more than four persons is exempt from parkland contribution pursuant to 38.420.020.B, therefore, development on [describe new lot] may add one residential unit under the exemption. Subsequent units on either lot will no longer meet the exemption and will require parkland contribution (38.420.020.C). 2. BMC 38.240.470. Upon submittal of the final plat, please provide the approved Municipal Facilities Exclusion from the Department of Environmental Quality. 3. BMC 38.400.020. a. The applicant provided an adequate draft SID Waiver draft for the above noted property. The applicant must execute and file the SID Waiver with the county clerk and provide a copy of the final executed and filed SID waiver to the project engineer prior to final plat approval. 4. BMC 38.410.060. a. The applicant provided adequate drafts of the 10’ utility easement and 20’ storm drainage easement. The applicant must provide hard copies of the easements to the project engineer for reporting to the commission and filing with the county clerk. The easements must be recorded and filed with the county prior to final plat approval. b. The final plat must provide all existing and proposed utility easements and must be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. 5. BMC 38.410.130.C. If water rights or cash-in-lieu of water rights, have not been provided with Final Plat, then water rights or cash-in-lieu must be provided with any future site plan development or applicable development application. Code provisions: 1. BMC 38.100.080.A. 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. BMC 38.240.150. The final plat must 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). The Gallatin County Clerk & Recorder’s office has elected to continue the existing medium requirements of 2 mylars with a 1½” binding margin on one side for both plats and COS’s. The Clerk and Recorder will file the new Conditions of Approval sheet as the last same sized mylar sheet in the plat set. 3. BMC 38.240.510. Please include a separate sheet as part of the plat for conditions of approval. Said sheet must contain the certificate denoted in this section of the BMC which states the following: NOTIFICATIONS AND CERTIFICATIONS (I), (We), the undersigned property owner(s), do hereby certify that the text and/or graphics shown on the Conditions of Approval sheet(s) represent(s) requirements by the governing body for final plat approval and that all conditions of subdivision application have been satisfied. (I), (We), the undersigned property owner(s), do hereby certify that the information shown is current as of the date of this certification, and that changes to any land-use restrictions or encumbrances may be made by amendments to covenants, zoning regulations, easements, or other documents as allowed by law or by local regulations. (I), (We), the undersigned property owner(s), do hereby certify that (I) (We) acknowledge that federal, state, and local plans, policies, regulations, and/or conditions of subdivision approval may limit the use of the property, including the location, size, and use as shown on the Conditions of Approval sheet or as otherwise stated. Buyers of property should ensure 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. DATED this _______ day of _______, _______. (Acknowledged and notarized signatures of all record owners of platted property) This City Commission decision may be appealed according to the provisions of BMC 38.250.090. An aggrieved person may present to the court of record a petition, duly verified, setting forth that such decision is illegal in whole or part and specifying the grounds of illegality. Such petition shall be presented to the court within the timeframe established by state law. If you have any questions, please contact me at 582-2963 or nlyon@bozeman.net. Respectfully, Nakeisha Lyon, AICP, Associate Planner Page 1 of 22 Bozeman City Commission Findings of Fact and Order for the Soper Minor Subdivision 21282 Public Meeting Date: The City Commission public meeting and decision was held Tuesday, September 21, 2021 at 6:00 p.m via WebEx. https://www.bozeman.net/government/city- commission/city-commission-video Project Description: A first minor preliminary plat application requesting permission to subdivide 0.74 acres to create two lots, one of 0.43 acres, and one of 0.31 acres. The property is zoned R-2, Residential Moderate Density District and is located in the NCOD, Neighborhood Conservation Overlay District. Project Location: The property is addressed as 918 South Tracy Avenue and located South of East Harrison Street, East of South Tracy Avenue, West of South Black Avenue, and North of East Garfield Street. The property is legally described as Section 18, Township 02 South, Range 06 East, Tract 3, Being 180’ x 210’ N2NW4, City of Bozeman, Gallatin County, MT. Approved Recommendation: The application conforms to standards and is sufficient for approval with conditions and code provisions. Approved 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 21282 and move to approve the Soper Minor Subdivision with conditions and subject to all applicable code provisions.” Report Date: September 13, 2021 Staff Contact: Nakeisha Lyon, Associate Planner Agenda Item Type: Action (Quasi-judicial) EXECUTIVE SUMMARY Unresolved Issues There are no known unresolved issues. Project Summary This report is based on the application materials submitted and any public comment received to date. The Department of Community Development received a Preliminary Plat Application on July 14, 2021 requesting a first minor subdivision of one lot of 0.74 acres to create two lots, one of DocuSign Envelope ID: 88FD3D07-8978-48BB-BD3A-FA67B4BB2A35 21282, City Commission Findings of Fact, The Soper Minor Subdivision Preliminary Plat Page 2 of 22 0.43 acres and one of .31 acres. The property is zoned R-2, Residential Moderate Density District and is located in the NCOD, Neighborhood Conservation Overlay District. There are three existing structures located on the subject property, a single family home, detached garage and chicken coop. These structures have been deemed non-eligible historic structures as they do not meet the definition provided in article 7 of the Bozeman Municipal Code (BMC) for historic structures. The existing structures are not eligible for the National Register of Historic Places per the applicable 2021 Montana Historic Property Record Survey conducted on the subject property. In order to subdivide the subject property and meet applicable form and intensity standards of the R-2 zoning district, the existing structures were approved for demolition on April 1, 2021, within a NCOA, Neighborhood Certificate of Appropriateness, application 21-036 based on their non- eligible status. The future development of these lots will be require NCOA applications to evaluate any proposed structures in conformance with The Design Guidelines for Historic Preservation and the Neighborhood Conservation Overlay, and Section 38.340.050 of the BMC. This subdivision is a first minor subdivision from a tract of record and does not require Planning Board review. State statute requires the City Commission to consider and make a decision on the subdivision application and the Community Development Director’s recommendation during a regular public meeting. On August 31, 2021, the Development Review Committee (DRC) found the application adequate for continued review and recommends the conditions and code provisions identified in this report. The subdivider did not request any subdivision or zoning variances with this application. The City has received four written public comments on the application as of the writing of this report. The final decision for a first minor subdivision preliminary plat must be made within 35 working days of the date it was deemed adequate; in this case by October 20, 2021. The public meeting date for the City Commission was September 21, 2021. The hearing was held via WebEx. The City Commission met to consider the application for a preliminary plat for the subdivision of 0.74 acres to create two residentially-zoned lots. There were no members of the public that spoke at the hearing which can be viewed at the link below. After the City Commission reviewed and considered the application materials, staff report, advisory review board recommendations, public comment, and all the information presented, they made individual findings and voted 5:0 to approve the motion to approve the application. The Commission agreed that the application met the criteria established by the Bozeman Municipal Code. Therefore, the application was approved with conditions and applicable code provisions outlined in these findings. DocuSign Envelope ID: 88FD3D07-8978-48BB-BD3A-FA67B4BB2A35 21282, City Commission Findings of Fact, The Soper Minor Subdivision Preliminary Plat Page 3 of 22 The City Commission’s review, deliberation and findings may be found under the linked minutes and recorded video of the meetings located at this web paged filed under September 21, 2021: https://www.bozeman.net/government/city-commission/city-commission-video Alternatives There are no alternatives at this time. DocuSign Envelope ID: 88FD3D07-8978-48BB-BD3A-FA67B4BB2A35 21282, City Commission Findings of Fact, The Soper Minor Subdivision Preliminary Plat Page 4 of 22 TABLE OF CONTENTS EXECUTIVE SUMMARY ........................................................... Error! Bookmark not defined. Unresolved Issues. ............................................................. Error! Bookmark not defined. Project Summary ................................................................ Error! Bookmark not defined. Alternatives ......................................................................................................................... 3 SECTION 1 – MAP SERIES .......................................................................................................... 5 SECTION 2 – REQUESTED VARIANCES ................................................................................. 7 SECTION 3 – CONDITIONS OF APPROVAL ............................................................................ 7 SECTION 4 – CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ....................... 8 SECTION 5 – APPROVAL AND FUTURE ACTIONS ............................................................... 9 SECTION 6 – STAFF ANALYSIS and findings ........................................................................... 9 Applicable Subdivision Review Criteria, Section 38.240.130.A.5.e, BMC. ...................... 9 Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 12 Preliminary Plat Supplements ........................................................................................... 14 SECTION 7 – FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 17 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 19 APPENDIX B – DETAILED PROJECT DESCRIPTION .......................................................... 19 APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 19 APPENDIX D – PROJECT BACKGROUND ............................................................................. 20 APPENDIX E – OWNER INFORMATION AND REVIEWING STAFF ................................. 20 FISCAL EFFECTS ....................................................................................................................... 20 ATTACHMENTS ......................................................................................................................... 20 PUBLIC COMMENTS ………………………………………………………………………….21 DocuSign Envelope ID: 88FD3D07-8978-48BB-BD3A-FA67B4BB2A35 21282, City Commission Findings of Fact, The Soper Minor Subdivision Preliminary Plat Page 5 of 22 SECTION 1 – MAP SERIES Figure 1. Zoning Classification DocuSign Envelope ID: 88FD3D07-8978-48BB-BD3A-FA67B4BB2A35 21282, City Commission Findings of Fact, The Soper Minor Subdivision Preliminary Plat Page 6 of 22 Figure 2. Preliminary Plat DocuSign Envelope ID: 88FD3D07-8978-48BB-BD3A-FA67B4BB2A35 21282, City Commission Findings of Fact, The Soper Minor Subdivision Preliminary Plat Page 7 of 22 SECTION 2 – REQUESTED VARIANCES The subdivider did not request any subdivision or zoning variances with this preliminary plat application. SECTION 3 – 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 preliminary plat application. Staff has considered the impacts as identified in the staff analysis and application materials and these conditions of approval are reasonably related and roughly proportionate to the development. 1. BMC 38.220.070 - The final plat must contain the following notation on the Conditions of Approval sheet prior to Final Plat Approval: a. Development creating only one additional dwelling unit or increasing occupancy of group quarters by no more than four persons is exempt from parkland contribution pursuant to 38.420.020.B, therefore, development on [describe new lot] may add one residential unit under the exemption. Subsequent units on either lot will no longer meet the exemption and will require parkland contribution (38.420.020.C). 2. BMC 38.240.470. Upon submittal of the final plat, please provide the approved Municipal Facilities Exclusion from the Department of Environmental Quality. 3. BMC 38.400.020. a. The applicant provided an adequate draft SID Waiver draft for the above noted property. The applicant must execute and file the SID Waiver with the county clerk and provide a copy of the final executed and filed SID waiver to the project engineer prior to final plat approval. 4. BMC 38.410.060. a. The applicant provided adequate drafts of the 10’ utility easement and 20’ storm drainage easement. The applicant must provide hard copies of the easements to the project engineer for reporting to the commission and filing with the county clerk. The easements must be recorded and filed with the county prior to final plat approval. b. The final plat must provide all existing and proposed utility easements and must be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. 5. BMC 38.410.130.C. If water rights or cash-in-lieu of water rights, have not been provided with Final Plat, then water rights or cash-in-lieu must be provided with any future site plan development or applicable development application. DocuSign Envelope ID: 88FD3D07-8978-48BB-BD3A-FA67B4BB2A35 21282, City Commission Findings of Fact, The Soper Minor Subdivision Preliminary Plat Page 8 of 22 SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS The following are procedural requirements not yet demonstrated by the plat and must be satisfied at the final plat. 1. BMC 38.100.080.A. 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. BMC 38.240.150. The final plat must 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). The Gallatin County Clerk & Recorder’s office has elected to continue the existing medium requirements of 2 mylars with a 1½” binding margin on one side for both plats and COS’s. The Clerk and Recorder will file the new Conditions of Approval sheet as the last same sized mylar sheet in the plat set. 3. BMC 38.240.510. Please include a separate sheet as part of the plat for conditions of approval. Said sheet must contain the certificate denoted in this section of the BMC which states the following: NOTIFICATIONS AND CERTIFICATIONS (I), (We), the undersigned property owner(s), do hereby certify that the text and/or graphics shown on the Conditions of Approval sheet(s) represent(s) requirements by the governing body for final plat approval and that all conditions of subdivision application have been satisfied. (I), (We), the undersigned property owner(s), do hereby certify that the information shown is current as of the date of this certification, and that changes to any land-use restrictions or encumbrances may be made by amendments to covenants, zoning regulations, easements, or other documents as allowed by law or by local regulations. (I), (We), the undersigned property owner(s), do hereby certify that (I) (We) acknowledge that federal, state, and local plans, policies, regulations, and/or conditions of subdivision approval may limit the use of the property, including the location, size, and use as shown on the Conditions of Approval sheet or as otherwise stated. Buyers of property should ensure 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. DATED this _______ day of _______, _______. (Acknowledged and notarized signatures of all record owners of platted property) DocuSign Envelope ID: 88FD3D07-8978-48BB-BD3A-FA67B4BB2A35 21282, City Commission Findings of Fact, The Soper Minor Subdivision Preliminary Plat Page 9 of 22 SECTION 5 – APPROVAL AND FUTURE ACTIONS The DRC determined that the application is adequate for continued review and found that application conforms to standards and is sufficient for approval with conditions and code provisions on August 31, 2021. This subdivision is a first minor subdivision from a tract of record and does not require Planning Board review. State statute requires the City Commission to consider and make a decision on the subdivision application and the Community Development Director’s recommendation during a regular public meeting. A public meeting was held in front of the City Commission on this minor subdivision preliminary plat on September 21, 2021 via WebEx. The City Commission’s review, deliberation and findings may be found under the linked minutes and recorded video of the meetings located at this web paged filed under September 21, 2021: https://www.bozeman.net/government/city-commission/city-commission-video 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 38.240.130.A.5.b, 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 the code requirements, the final plat must comply with State statute, Administrative Rules of Montana, and the BMC. A conditions of approval sheet must be included and updated with the required notations can be added as required by conditions or code. 2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act The final plat must comply with the standards identified and referenced in the BMC. 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. Sections 3 and 4 of this report identify conditions and code corrections necessary to meet all regulatory standards. Therefore, upon DocuSign Envelope ID: 88FD3D07-8978-48BB-BD3A-FA67B4BB2A35 21282, City Commission Findings of Fact, The Soper Minor Subdivision Preliminary Plat Page 10 of 22 satisfaction of all conditions and code corrections the subdivision will comply with the local subdivision regulations. 3) Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act The Bozeman City Commission public meeting was properly noticed in accordance with the Bozeman Municipal Code. 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 subdivider’s request. The Department of Community Development received a preliminary plat application on July 13, 2021. The DRC reviewed the preliminary plat application and determined the submittal did not contained detailed, supporting information that was sufficient to allow for the continued review of the proposed subdivision on August 16, 2021. A revised application was received on August 25, 2021. The DRC determined the application was adequate for continued review on August 31, 2021 and recommended conditions of approval and code corrections for the staff report. The City scheduled public notice for this application from September 3, 2021 to September 17, 2021. The applicant posted public notice on the subject property on September 2, 2021. The applicant sent public notice to adjacent landowners of record within 200-feet of the subject property via non-certified mail on September 2, 2021. Four public comments were received on this application as of the writing of the staff report. Three additional public comments were received prior to the end of the public notice period and enclosed in this findings of fact and order. On September 13, 2021 staff completed and forwarded the staff report for this first minor subdivision preliminary plat application with a recommendation of conditional approval for consideration by the City Commission, which was held on the September 21, 2021 public meeting. After the City Commission reviewed and considered the application materials, staff report, advisory review board recommendations, public comments, and all the information presented, they made individual findings and voted 5:0 to approve the motion to approve the application. The Commission agreed that the application met the criteria established by the Bozeman Municipal Code. Therefore, the application was approved with conditions and applicable code provisions outlined in these findings. The City Commission’s review, deliberation and findings may be found under the linked minutes and recorded video of the meetings located at this web paged filed under September 21, 2021: https://www.bozeman.net/government/city-commission/city-commission-video DocuSign Envelope ID: 88FD3D07-8978-48BB-BD3A-FA67B4BB2A35 21282, City Commission Findings of Fact, The Soper Minor Subdivision Preliminary Plat Page 11 of 22 4) Compliance with Chapter 38, BMC and other relevant regulations Community Development Staff and the DRC reviewed the preliminary plat against all applicable regulations and the application complies with the BMC and all other relevant regulations with conditions and code corrections. This report includes Conditions of Approval and required code provisions as recommended by the DRC for consideration by the City Commission to complete the application processing for final plat approval. All municipal water and sewer facilities will conform to the regulations outlined by the Montana Department of Environmental Quality and the requirements of the Design Standards and Specifications Policy and the City of Bozeman Modifications to Montana Public Works Standard Specifications. 5) The provision of easements to and within the subdivision for the location and installation of any necessary utilities The final plat will provide and depict all necessary utilities and required utility easements. Condition of approval 4 requires that all easements, existing and proposed, must be accurately depicted and addressed on the final plat and in the final plat application. Additionally, the applicant has provided adequate drafts of the 10’ utility easement and 20’ storm drainage easement located on the subject property. The applicant must provide hard copies of the easements to the project engineer for reporting to the commission and filing with the county clerk. The easements must be recorded and filed with the county prior to final plat approval. 6) The provision of legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel The final plat will provide legal and physical access to each parcel within the subdivision via South Tracy Avenue which is a public street classified under the local designation. All of the proposed lots have frontage on South Tracy Avenue. Lot access will be in conformance with the city design standards and specifications per the BMC requirements. DocuSign Envelope ID: 88FD3D07-8978-48BB-BD3A-FA67B4BB2A35 21282, City Commission Findings of Fact, The Soper Minor Subdivision Preliminary Plat Page 12 of 22 Primary Subdivision Review Criteria, Section 76-3-608 1) The effect on agriculture This subdivision will not impact agriculture. The subject property is designated as Urban Neighborhood according to the City of Bozeman Community Plan. The area is zoned for residential moderate density development. The intent of the application denotes the development of a single-household dwelling unit on one of the lots (Lot 2), and a two household dwelling unit on the other (Lot 1). There is no type of agricultural production or any agricultural operations in the vicinity of the proposed subdivision. The NRCS Soil Survey shows the project area to only contain UL (Urban Land) soil types. There are three existing structures located on the subject property which have been deemed non- eligible historic structures and were approved for demolition on April 1, 2021, within NCOA application 21-036. 2) The effect on Agricultural water user facilities This subdivision will not impact agricultural water user facilities. No irrigation facilities are present on the lots. No water body alterations are proposed 3) The effect on Local services Water/Sewer – Adequate water and sewer capacity exists to serve the one additional lot created by this subdivision. Per condition of approval 5, if water rights or cash-in-lieu of water rights, have not been provided with Final Plat, then water rights or cash-in-lieu must be provided with any future site plan development or applicable development application. Utilities – Utilities to serve the one additional lot created by this subdivision exist. There is an existing ¾” gas service and overhead electric service that need to be disconnected and/or removed prior to the demolition of the existing structures. NorthWestern Energy will be providing gas and electrical services to the proposed subdivision when requested by the applicant or future property owners during the future site development of the lots. Streets –The preliminary plat utilizes South Tracy Avenue (local) to provide primary site connectivity. There are no proposed public or private streets, or substantial improvements to existing streets (South Tracy Avenue). Any modification to South Tracy Avenue will only include curb cuts for driveways into the two lots. All maintenance is already provided by the City of Bozeman for the existing public streets adjacent to the subject property. A traffic impact study is not necessary for the addition of one residential lot in this urban setting as daily traffic generated will not be measurably affected. Police/Fire – The City of Bozeman’s Police and Fire emergency response area includes the subject property. This subdivision does not impact the City’ ability to provide emergency services to the property. Stormwater - The first minor subdivision will not impact stormwater infrastructure as existing drainage and stormwater capacity exists to serve the one additional lot created by this DocuSign Envelope ID: 88FD3D07-8978-48BB-BD3A-FA67B4BB2A35 21282, City Commission Findings of Fact, The Soper Minor Subdivision Preliminary Plat Page 13 of 22 subdivision. The stormwater analysis and calculations provided by the applicant during the Preliminary Plat indicate that the proposed storm water facilities and management plan for the proposed subdivision is adequate to safely convey the 10-year storm event and to satisfy the City of Bozeman regulations for 10-year peak attenuation. Parklands - The proposed subdivision is not required to provide parklands based on the proposed creation of one additional lot or one additional dwelling unit, and condition of approval 1 denotes that any subsequent units on either lot will no longer meet the exemption and will require parkland contribution (38.420.020.C). Therefore, parklands, either land dedication, or cash in lieu of land dedication, may be required upon development of the one additional lot if said lot is a two-household dwelling unit. 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 through an approved Weed Management Plan (WMP) on file with the Gallatin County Weed District for Soper Minor Subdivision which is valid from June 7, 2021 – June 7, 2023. 5) The effect on Wildlife and wildlife habitat The subdivision will not significantly impact wildlife and wildlife habitat. There are no key wildlife areas that exist on this urban property. Pet/human activity is already very prevalent in the area and public access to parks or trails is not affected. There are no known endangered or threatened species on the property. 6) The effect on Public health and safety With the recommended conditions of approval and required plat corrections, the subdivision will not significantly impact public health and safety. The intent of the regulations in Chapter 38 of the BMC 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 with conditions and code provisions. Any other conditions deemed necessary to ensure compliance have been noted throughout this staff report. Code correction 1 requires full compliance with all applicable code requirements. In addition, all subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, Montana Code Annotated (MCA). As a result, the Department of Community Development reviewed this application against the listed criteria and further provides the following summary for submittal materials and requirements. This report includes findings to justify the recommended site-specific Conditions of Approval for reasonable mitigation of impacts from the proposed minor subdivision. DocuSign Envelope ID: 88FD3D07-8978-48BB-BD3A-FA67B4BB2A35 21282, City Commission Findings of Fact, The Soper Minor Subdivision Preliminary Plat Page 14 of 22 Preliminary Plat Supplements A subdivision pre-application plan review was completed by the DRC on June 24, 2021. Staff offers the following summary comments on the supplemental information required with Article 38.220.060, BMC. 38.220.060.A.1 Surface Water This subdivision will not significantly impact surface water. The Mathew Bird Creek is a surface water that runs north-south to the east of the subject property. There are no natural or artificial water systems running through or affecting the property. On June 2, 2021, the applicant requested a waiver of this supplemental information which was granted on June 24, 2021. 38.220.060.A.2 Floodplains No mapped 100-year floodplains impact the subject property. This subdivision will not be impacted by floodplains. The water systems mentioned above do not affect the project area. Zone X and Zone AE are delineated along the boundaries of the Mathew Bird Creek. On June 2, 2021, the applicant requested a waiver of this supplemental information which was granted on June 24, 2021. 38.220.060.A.3 Groundwater This subdivision will not significantly impact groundwater. The existing buildings and topographic relief demonstrate this. On June 2, 2021, the applicant requested a waiver of this supplemental information which was granted on June 24, 2021. 38.220.060.A.4 Geology, Soils and Slopes This subdivision will not significantly impact the geology, soils or slopes. No significant geological features or slopes exist on the site. On June 2, 2021, the applicant requested a waiver of this supplemental information which was granted on June 24, 2021. 38.220.060.A.5 Vegetation There are no major vegetation types or critical plant species present on this site only small landscaping features like trees, bushes, and grass exist. On June 2, 2021, the applicant requested a waiver of this supplemental information which was granted on June 24, 2021. 38.220.060.A.6 Wildlife This subdivision will not significantly impact wildlife. The proposed subdivision does not contain any known critical, significant or key wildlife areas. Please see discussion above under primary review criteria for more information. On June 2, 2021, the applicant requested a waiver of this supplemental information which was granted on June 24, 2021. 38.220.060.A.7 Historical Features This subdivision will not significantly impact historical features. The subdivision is not located in any of the historic districts. There are also no known historic, archaeological, or cultural sites DocuSign Envelope ID: 88FD3D07-8978-48BB-BD3A-FA67B4BB2A35 21282, City Commission Findings of Fact, The Soper Minor Subdivision Preliminary Plat Page 15 of 22 around the vicinity of the subject property. On June 2, 2021, the applicant requested a waiver of this supplemental information which was granted on June 24, 2021. The proposed subdivision is located within the NCOD. There are three existing structures located on the subject property, a single family home, detached garage and chicken coop. These structures have been deemed non-eligible historic structures as they do not meet the definition provided in article 7 of the Bozeman Municipal Code (BMC) for historic structures. The existing structures are not eligible for the National Register of Historic Places per the applicable 2021 Montana Historic Property Record Survey conducted on the subject property. In order to subdivide the subject property and meet applicable form and intensity standards of the R-2 zoning district, the existing structures were approved for demolition on April 1, 2021, within a NCOA, Neighborhood Certificate of Appropriateness, application 21-036 based on their non- eligible status. The future development of these lots will be require NCOA applications to evaluate any proposed structures in conformance with The Design Guidelines for Historic Preservation and the Neighborhood Conservation Overlay, and Section 38.340.050 of the BMC. 38.220.060.A.8 Agriculture This subdivision will not impact agriculture. On June 2, 2021, the applicant requested a waiver of this supplemental information which was granted on June 24, 2021. Please see discussion above under primary review criteria for more information. 38.220.060.A.9 Agricultural Water User Facilities This subdivision will not impact agricultural water user facilities. No irrigation facilities are present on the lots. No water body alterations are proposed. On June 2, 2021, the applicant requested a waiver of this supplemental information which was granted on June 24, 2021. Please see discussion above under primary review criteria for more information. 38.220.060.A.10 Water and Sewer The subdivision will not significantly burden the City’s water and sewer infrastructure. On June 2, 2021, the applicant requested a waiver of this supplemental information which was granted on June 24, 2021. However, the Engineering Department required further information during the Preliminary Plat Process to ensure the proposed subdivision does not burden the City’s water and sewer infrastructure. Please see discussion above under primary review criteria for more information. 38.220.060.A.11 Stormwater Management The subdivision will not significantly impact stormwater infrastructure. On June 2, 2021, the applicant requested a waiver of this supplemental information which was granted on June 24, 2021. However, the Engineering Department required further information during the Preliminary Plat Process to ensure the proposed subdivision does not burden the City’s stormwater infrastructure. Please see discussion above under primary review criteria for more information. DocuSign Envelope ID: 88FD3D07-8978-48BB-BD3A-FA67B4BB2A35 21282, City Commission Findings of Fact, The Soper Minor Subdivision Preliminary Plat Page 16 of 22 38.220.060.A.12 Streets, Roads and Alleys The subdivision will not significantly impact the City’s street infrastructure and will provide adequate improvements to support the development. See discussion above under primary review criteria. 38.220.060.A.13 Utilities This subdivision will not significantly impact utilities. On June 2, 2021, the applicant requested a waiver of this supplemental information which was granted on June 24, 2021. However, the Engineering Department required further information during the Preliminary Plat Process to ensure the proposed subdivision does not burden the utility infrastructure. Please see discussion above under primary review criteria for more information. 38.220.060.A.14 Educational Facilities The subdivision for the addition of one lot to the existing area will not a significantly impact the existing enrollment of educational facilities and their supporting elements. On June 2, 2021, the applicant requested a waiver of this supplemental information which was granted on June 24, 2021. 38.220.060.A.15 Land Use The subdivision will not significantly impact land use. The proposed subdivision will create two lots for low density residential use. The property is zoned R-2, Residential Moderate Density District, and is designated as an Urban Neighborhood in the Bozeman Community Plan 2020. On June 2, 2021, the applicant requested a waiver of this supplemental information which was granted on June 24, 2021. 38.220.060.A.16 Parks and Recreation Facilities The subdivision will not significantly impact parks and recreation facilities. On June 2, 2021, the applicant requested a waiver of this supplemental information which was granted on June 24, 2021. Please see discussion above under primary review criteria for more information. 38.220.060.A.17 Neighborhood Center Plan The proposed subdivision does not contain nor require a neighborhood center. On June 2, 2021, the applicant requested a waiver of this supplemental information which was granted on June 24, 2021. 38.220.060.A.18 Lighting Plan This proposed subdivision does not propose any new lighting or lighting alterations. On June 2, 2021, the applicant requested a waiver of this supplemental information which was granted on June 24, 2021. DocuSign Envelope ID: 88FD3D07-8978-48BB-BD3A-FA67B4BB2A35 21282, City Commission Findings of Fact, The Soper Minor Subdivision Preliminary Plat Page 17 of 22 38.220.060.A.19 Miscellaneous No additional impacts or hazards are anticipated for this proposed subdivision. On June 2, 2021, the applicant requested a waiver of this supplemental information which was granted on June 24, 2021. 38.220.060.A.20 Affordable Housing Due to HB 259, the City is unable to enforce the requirements of Sec. 38.380 the BMC. SECTION 7 – FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS A. PURSUANT to Chapter 38, Article 2, 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 these findings of fact was conducted. 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. The matter of the preliminary plat application was considered by the City Commission at a public meeting on September 21, 2021 at which time the Department of Community Development Staff reviewed the project, submitted and summarized the conditions of approval, clarified unresolved issues and summarized the public comment submitted to the City prior to the public hearing. D. The applicant, Genesis Engineering, Inc., acknowledged understanding and agreement with the recommended conditions of approval and code provisions. E. The City Commission requested public comment at the public meeting on September 21, 2021 and received no comments for the project. A video recording of the public meeting may be found under the linked minutes and recorded video of the meetings located at this web paged filed under September 21, 2021: https://www.bozeman.net/government/city-commission/city-commission-video F. 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, 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 the governing body regarding this application, the City Commission makes the following decision. DocuSign Envelope ID: 88FD3D07-8978-48BB-BD3A-FA67B4BB2A35 21282, City Commission Findings of Fact, The Soper Minor Subdivision Preliminary Plat Page 18 of 22 G.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 3 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. 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 single phased first minor subdivision shall be effective for one (1) year from the date of the signed Findings of Fact and Order approval. At the end of this period the City may, at the request of the subdivider, grant an extension to its approval by the Community Development Director for a period of mutually agreed upon time. DATED this ______ day of ___________, 2021 BOZEMAN CITY COMMISSION ____________________________ Cynthia L. Andrus Mayor ATTEST _______________________ Mike Maas City Clerk APPROVED AS TO FORM: ___________________________ GREG SULLIVAN City Attorney 19th October DocuSign Envelope ID: 88FD3D07-8978-48BB-BD3A-FA67B4BB2A35 21282, City Commission Findings of Fact, The Soper Minor Subdivision Preliminary Plat Page 19 of 22 APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The property is zoned R-2, Residential Moderate Density District. The intent of the R-2 district is to provide for one- and two-household residential development at urban densities within the city in areas that present few or no development constraints. These purposes are accomplished by: providing for minimum lot sizes in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and housing types in newly developed areas, and providing for community facilities to serve such development while respecting the residential quality and nature of the area. Use of this zone is appropriate for areas with moderate access to parks, community services and/or transit. Adopted Growth Policy Designation: This property is designated as Urban Neighborhood in the 2020 Community Plan. This category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. In limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. Applying a zoning district to specific parcels sets the required and allowed density. Higher density residential areas are encouraged to be, but are not required or restricted to, proximity to commercial mixed use areas to facilitate the provision of services and employment opportunities without requiring the use of a car. This proposed subdivision is well-suited to implement the Urban Neighborhood designation based on the location and proposal for a duplex on one lot, and single family home on the other. The proposed subdivision will blend well with adjacent properties and uses. APPENDIX B – DETAILED PROJECT DESCRIPTION Project Background and Description A preliminary plat application by the property owner and applicant, Charles and Heidi Soper, and represented by Genesis Engineering, Inc., Architecture, Inc to allow the subdivision of 0.74 acres into two lots. APPENDIX C– NOTICING AND PUBLIC COMMENT Notice was provided at least 15 and not more than 45 days prior to the City Commission public meetings. BMC 38.220.420, Notice was provided by posting on the site and mailing the public DocuSign Envelope ID: 88FD3D07-8978-48BB-BD3A-FA67B4BB2A35 21282, City Commission Findings of Fact, The Soper Minor Subdivision Preliminary Plat Page 20 of 22 notice to adjacent landowners of record within 200-feet of the subject property via non-certified mail by September 2, 2021. The site was posted with a notice on September 2, 2021. Content of the notice contained all elements required by Article 38.220., BMC. Public comments have been received in regards to the existing home on the subject property and its historic status and demolition, the subdivision of the tract, and affordable housing. The historic status has been evaluated and determined to be “non-eligible”. The future development of these lots will be require NCOA applications to evaluate any proposed structures in conformance with The Design Guidelines for Historic Preservation and the Neighborhood Conservation Overlay, and Section 38.340.050 of the BMC. No archaeological significance has been identified within the Montana Historic Property Record Survey nor within the applicant’s submittal documents. APPENDIX D – PROJECT BACKGROUND In order to subdivide the subject property and meet applicable form and intensity standards of the R-2 zoning district, the existing structures were approved for demolition on April 1, 2021, within NCOA application 21-036 based on their non-eligible status. A subdivision pre-application plan was reviewed by the DRC in June 2021. APPENDIX E - OWNER INFORMATION Owner/Applicant: Charles & Heidi Soper, 124 N. Black Ave., Bozeman, MT 59715 Representatives: Chris Wasia, Genesis Engineering, Inc, 204 N. 11th Ave., Bozeman, MT 59715 Report By: Nakeisha Lyon, AICP, Associate Planner FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this subdivision. ATTACHMENTS The full application and file of record can be viewed digitally at https://www.bozeman.net/government/planning/using-the-planning-map, select the “Project Documents Folder” link and navigate to application #21282, as well as digitally at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Application materials – Available through the Laserfiche archive linked agenda materials and the full file is linked below. https://weblink.bozeman.net/WebLink/Browse.aspx?id=238787&dbid=0&repo=BOZEMAN This project can be viewed on the Community Development Viewer interactive map directly with this link: https://gisweb.bozeman.net/Html5Viewer/?viewer=planning&FILE_NUMBER=21-282 DocuSign Envelope ID: 88FD3D07-8978-48BB-BD3A-FA67B4BB2A35 21282, City Commission Findings of Fact, The Soper Minor Subdivision Preliminary Plat Page 21 of 22 PUBLIC COMMENTS Public Comments: Seven public comments as denoted below – 1. John Carson Address: Unknown Received: Via Email Public Comment: I love the historic house of 918 S Tracy. I have good friends that have lived here and it is an incredible place that really means a lot to the people of Bozeman. I would prefer to not divide the lot as it is a great lot! 2. Bronwyn McCormick Address: Unknown Received: Via Email Public Comment: Please reconsider destroying this home. This is a historic & beautiful log cabin that provides affordable housing for Bozeman locals. Changing this landscape will negatively affect people’s lives and contribute to the “BozeAngeles” trend Bozeman Montana is tragically experiencing. 3. Ben Morris Address: Unknown Received: Via Email Public Comment: I am a citizen of Bozeman. One of the things I love about bozeman is its architectural charm. The house on 918 s Tracy Ave is a very charming and valuable piece of architectural history in town. It is also of archaeological significance, with a group of students discovering artifacts around the property. So as a citizen of Bozeman who appreciates its aesthetics, I stand against the subdivision of the property on which 918 s Tracy Ave resides. 4. Evelyn Power Address: Unknown Received: Via Email Public Comment: This lot holds the potential of providing college students and community members with a safe and affordable place to live. Please think about the ramifications of destroying such a beautiful home before greed overtakes decision making. The destruction of old homesteads like the one you own, is a pitiful response to gentrification and erasing the beauty that historic towns could otherwise preserve. Please give this conscientious thought before proceeding. 5. Deb Love Address: Unknown Received: Via Email Public Comment: I am writing in support of the Soper minor subdivision at 918 S. Tracy. I am a neighbor, backing up to this property on S. Black, as well as a former tenant of 918. I see absolutely no reason why the city would not approve splitting this rather enormous lot in two. It is surrounded by apartment buildings, so a subdivision would not impact neighbors, including myself, and in fact, should be promoted as infill. I can also DocuSign Envelope ID: 88FD3D07-8978-48BB-BD3A-FA67B4BB2A35 21282, City Commission Findings of Fact, The Soper Minor Subdivision Preliminary Plat Page 22 of 22 attest to the condition of the house that would come down. Suffice it to say that it has lived a long, long life and is ready to go. The Sopers are lifelong Bozeman residents and were amazing landlords. When I first moved to Bozeman 16 years ago, into that house, they welcomed my family with home-baked goodies and warm hearts. They became dear friends. I hope our entire neighborhood can extend that same warm welcome to them as they move from landlords to tenants at 918. Please approve this subdivision. 6. Carson Taylor Address: Unknown Received: Via Email Public Comment: My wife and I live across Tracy Street from the subject property. We wish to reflect our support for the Proposal to sub-divide. While the existing house is unique and interesting, we believe that any proposal that will add more dense development is good for our entire community. Adding the density that is proposed by the request, will not significantly change the neighborhood. 7. Geoffrey (Jeff) Hetrick Address: 1005 S. Black Avenue Received: Via Email Public Comment: To whom it may concern I received a notice about the Soper subdivision on South Tracy. I just wanted to make a comment as someone who lives in the neighborhood right nearby. I’m all for it. It seems like a good idea with Bozeman’s booming population to make it possible for more housing to be built. Subdividing the property will not affect the neighborhood adversely. I see no reason to oppose it. DocuSign Envelope ID: 88FD3D07-8978-48BB-BD3A-FA67B4BB2A35