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HomeMy WebLinkAbout05- Country Inn & Suites Subdivision ,~i~i<?~FihOitJS~t;)f Fact qndqr4!il~ .' \. ., BEFORE THE BOZEMAN aTY COMMISSION GALLATIN COUNTY, MONT ANA IN THE MATTER OF THE APPLICATION OF BOZEMAN COUNTRY HOTEL GROUP LLC REPRESENTED BY THE APPLICANT GASTON ENGINEERING AND SURVEYING, Pc, FOR PRELIMINARY APPROVAL OF COUNTRY INN Be SUITES SUBDIVISION. FINDINGS OF FACT AND ORDER This matter came before the Bozeman Gty Omllnission on August 15, 2005 for review and decision, pursuant to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-625, Montana Codes Annotated, Gty of Bozeman Growth Policy, and Gty of Bozeman Unified Development Ordinance. The applicant presented to the Commission a proposed Preliminary Subdivision Plat for a Second/Subsequent Minor Subdivision of 7.66 acres into 2 conunerciallots as submitted on June 13,2005, # P-05035. The Commission held a public hearing on the preliminary plat and considered all relevant evidence relating to the public health, safety, and welfare, including the recommendation of the planning board, to detennine whether the plat should be approved, conditionally approved, or disapproved. It appeared to the Commission that all parties wishing to appear and conunent were given the opponunityto do so, and therefore, being fully advised of all matters having come before it regarding this application, the Commission makes the following Findings of Fact, as required: FINDINGS OF FACT I. On June 13, 2005, Bozeman Country Hotel Group, LLC, represented by Gaston Engineering and Surveying, pc, submitted an application for approval to create a Second/Subsequent Minor Subdivision of 7.66 acres into 2 commercial lots. The propenyis legally described as Lot 2, Cape-France 1......~,~.~tl;'f...I'i~i:.~.i:~,~!~~!fi~~cond/$'!:Ihililll.11.~tiiillill~,.illll!lit:ill.liiiiii.I!.I.ll:II~.::i~fii:i'tI,iii'.I:~.I.i..i.il~I.I:~ ...,.,m::IlIA(i.)S035 Minor Subdivision No. 358 and situated in the SE"A of Section 26, TIS, RSE, Gtyof Bozeman, Gallatin Cotmty, Montana. The subject property is zoned B-2 Conununity Business District. II. The conunents of the Development Review Committee, along with those of Planning & Conununity Development Staff, were incorporated into a staff repon with suggested conditions of approval, which was provided to the City of Bozeman Planning Board. III. Notice of the time and date of the public meeting and public hearing was posted at the site on July 29,2005. Said notice also selVed to inform interested persons that materials were available for review at the Bozeman Planning & Conununity Development Depanment. The City of Bozeman Planning Board opened the public meeting on August 2, 2005. The Planning Board fotmd that the application was properly submitted and reviewed tmder the procedures of the City of Bozeman Unified Development Ordinance. Staff reviewed the staff repon and the evidence, which justified the imposition of conditions. The Planning Board then opened the public meeting. There was no public testimony. The Planning Board closed the public meeting. The City of Bozeman Planning Board then moved to reconunend approval of the subdivision with conditions as reconunended by Staff and passed on a vote of 5 in favor and 0 in opposition. IV. The application was considered by the Bozeman City Commission at its regular meeting on August 15, 2005, at which time the reconunendation of the Planning Board and information compiled by City staff was reviewed. -2- v. PRIMARY REVIE W CRITERIA A Effects on agriculture, agricultural water user facilities, local setvices, the natural environment, wildlife and the wildlife habitat, and public health and safety. The property is located between the interstate and a state highway and the property has been master planned for CoIlllllunity Commercial development. The property has not been used agricultural pwposes since annexation to the city. B. Compliance with the following: 1. The sutvey requirements provided for in Part 4 of the Montana Subdivision and Platting Act. The subdivision currently complies and will remain in compliance VJith survey requirements of the Act. 2. The local subdivision regulations provided forin Part 5 of the Montana Subdivision and Platting Act. The final plat shall comply with the standards identified and referenced in the Unified Development Ordinance. 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. The following requirements are standards of the Unified Development Ordinance and shall be addressed on the final plat: a. Section 18.42.060.B requires all utility easements to be noted on the Final Plat. b. Section 18.78.070.C states that a Memorandum of Understanding shall be entered into by the Weed Control District and the subdivider for the control of county declared noxious weeds and a copy provided to the Planning Department prior to Final Plat approval. c. Section 18.06.040 states that approval shall be in force for not more than one year for minor subdivisions. d. All infrastructure improvements including 1) water and sewer main extensions, and 2) public streets, curb/ gutter, sidewalks fronting parks, open space, rear yard frontages or other non-lot frontages, and related storm drainage infrastructure improvements shall be financially guaranteed or constructed prior to Final Plat approval. -3- .' '. #P.05CJ35 e. The location of existing water and sewer mains shall be properly depicted. Proposed main extensions shall be noted as proposed. f. The developer shall make arrangements with the Gty Engineer's office to provide addresses for all individual lots in the subdivision prior to filing of the final plat. g. The applicant shall submit a construction route map dictating how materials and heavy equipment will travel to and from the site in accordance with section 18.74.020.Al of the Unified Development Ordinance. This shall be submitted as part of the final site plan for site developments, or with the infrastructure plans for subdivisions. It shall be the responsibility of the applicant to ensure that the construction traffic follows the approved routes. h. All construction activities shall comply with section 18.74.020.A2. of the Unified Development Ordinance. This shall include routine cleaning! sweeping of material that is dragged to adjacent streets. The Gty may require a guarantee as allowed for under this section at anytime during the construction to ensure any damages or cleaning that are required are complete. The developer shall be responsible to reimburse the Gtyfor all costs associated with the work if it becomes necessary for the Gty to correct any problems that are identified. 3. The local subdivision review procedure provided for in Part 6 of the Montana Subdivision and Platting Act. The Planning Board meeting and the Gty Commission hearing has been properly noticed, as required in the Unified Development Ordinance. C. The provision of easements for the location and installation of any planned utilities. All utilities and necessary utility easements will be provided and depicted on the final plat. The Engineering Department has also requested a 12 foot wide all weather access in order to maintain access to the sewer manholes. D. The provision oflegal and physical access to each parcel within the subdivision and the required notation of that access on the applicable plat and any instrument of transfer concerning the parcel The two lots will be required to share the already approved state highway access onto East Valley Center Road. .4- CountrYljtl~i" #P-05035 ~ , ORDER After considering all matters of record presented at the public hearing, the Bozeman Gty Commission found that the proposed subdivision would comply with the Gty of Bozeman Growth Policy and the requirements of the Gtyof Bozeman Unified Development Ordinance and the Montana Subdivision and Platting Act, if certain conditions were imposed. The evidence, as stated or referenced in the Findings of Fact, justifies the imposition of the conditions ordered herein to ensure that the final plat complies with all applicable regulations and all required criteria. THEREFORE, IT IS HEREBY ORDERED that the Preliminary Subdivision Plat of Country Inn & Suites Subdivision for the property owner, Bozeman Country Hotel Group, LLC, be approved, subject to the following conditions: 1. A joint access easement and shared parking agreement shall be provided for the shared access onto Valley Center Road and for the shared parking facilities. The easement shall state that the drive accesses and parking areas are penn.itted reciprocal use by all of the lots of the subdivision. MDT will not issue any new access to Valley Center Road. 2. A twelve (12) foot wide all weather access road shall be constructed to provide access to all sanitary sewer manholes not located within a paved public or private street or parking lot. This Gty Commission order may be appealed by bringing an action in the Eighteenth District Court of Gallatin County, within 30 days after the adoption of these Findings by the GtyCommission, by following the procedures of Section 76"3-625, MeA The preliminary approval of this subdivision shall be effective for three years from the date of adoption of these Findings by the Gty Commission. At the end of this period the GtyCommission may, at the written request of the subdivider, extend its approval as provided for in the Gty of Bozeman Unified Development Ordinance. DATED this 6th day of September , 2005. -5- . t ,. ~ . ~ -y L/~ Robin 1. Sullivan Oerk of the Commission By: Andre -6-