HomeMy WebLinkAbout05- Gammack Minor Subdivision
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BEFORE THE BOZEMAN CITY COMMISSION
GALLATIN COUNTY, MONTANA
IN THE MATTER OF THE APPLICATION OF DANA
PEPPER, AND TOM AND ROBETTA GAMMACK,
REPRESENTED BY C&H ENGINEERING &
SURVEYING, FOR PRELIMINARY APPROVAL OF
GAMMACK MINOR SUBDIVISION.
FINDINGS
OF FACT
AND ORDER
This matter came before the Bozeman City Commission on August 1, 2005, for review and
decision pursuant to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-625,
Montana Codes Annotated, and the City of Bozeman Subdivision Regulations, City of Bozeman
Growth Policy, and City of Bozeman Unified Development Ordinance. The applicants presented to
the Commission a proposed Preliminary Subdivision Plat for a 2-lot First Minor Subdivision from a
Tract of Record, and a relocation of a common boundary, as submitted in its original form on May 13,
2005, P-05033. The Commission held a public meeting 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 determine whether the plat should be approved, conditionally approved, or
disapproved.
It appeared to the Commission that all parties wishing to appear and comment were given the
opportunity to 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
1.
On May 13, 2005, Dana Pepper, and Tom and Robetta Gammack, represented by C&H
Engineering & Surveying, submitted an application for approval to create a First Minor Subdivision
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from a Tract of Record of 0.458 acres into 2 residential lots and to relocate a common boundary. The
subject properties are legally described as Lot 11 and 13, Block 5, Babcock and Davis Addition, City of
Bozeman, Gallatin County, Montana. The subject property is zoned "R-2" (Residential Two-
Household, Medium Density District).
II.
The comments of the Development Review Committee, along with those of Planning &
Community Development Staff, were incorporated into a staff report with suggested conditions of
approval, which was provided to the City of Bozeman Planning Board.
II1.
No notice was required because this is an application for a First Minor Subdivision from a Tract
of Record.
The City of Bozeman Planning Board opened the public meeting on July 19, 2005. The
Planning Board found that the application was properly submitted and reviewed under the procedures
of the City of Bozeman Unified Development Ordinance. Staff reviewed the staff report and the
evidence, which justified the imposition of conditions.
The Planning Board then opened the public meeting and no public comment was provided.
The City of Bozeman Planning Board then moved to recommend approval of the subdivision
with conditions as recommended by Staff and passed on a vote of 6 in favor.
IV.
The application was considered by the Bozeman City Commission at its regular meeting on
August 1,2005, at which time the recommendation of the Planning Board and information compiled by
City staff was reviewed.
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. '~ionfrdi:ffii.'Qi'ffi.Cf:df:'RE!c:;o,.(rFindings of Factgn
v.
A. Primary Review Criteria
1. Effects on Agriculture
The property has been master planned for Residential development. The area has been
platted and developed for many years and does not support agricultural uses.
2. Effects on Agricultural Water User Facilities
No effects on agricultural water user facilities were identified.
3. Effects on Local Services
Water/Sewer: There is an existing water main in Fridley Street, and a new water service
must be stubbed in. There is no sewer main in Fridley Street, so a sewer service will be
stubbed in and run from North Church Street to the new lot within a new 1 O-foot wide
utility easement. The applicant will be required to pay the fees for a street cut permit for
the installation of the new service lines.
Police/Fire: The property is well within the City's Police and Fire emergency response
area. The property is within the response area for Fire Station 1 and located about a
quarter of a mile from the fire station. The subdivider must obtain an address for the
new lot from the City Engineering Division prior to filing of the fInal plat to facilitate
fIre and police response to the site.
Streets: The subdivider will need to install a City standard sidewalk along Fridley Street,
and pave the apron between Fridley Street and the sidewalk. Waivers of Right to
Protest the Creation ofSIDs will be required for Fridley Street improvements including
paving, curb/gutter, sidewalk and storm drainage facilities. Finally, the subdivider will
be required to prevent damage to adjacent streets resulting from construction activity.
Utilities: Several overhead phone lines cross proposed Lot 13B from the alley to the
existing duplex, and could create construction constraints on the lot. An existing gas
line, that serves proposed Lot 13A, runs from the alley through the middle of proposed
Lot 13B. Finally, an existing power line runs from the Fridley Street right-of-way to the
existing duplex. Because these existing phone, electric and gas lines serve proposed Lot
13A, all of these utilities should be relocated and placed in a proper utility easement.
The utilities would preferably all be relocated underground.
4. Effects on the Natural Environment
A Memorandum of Understanding must be entered into with the County Weed Board
prior to submittal of the fInal plat.
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5. Effects on Wildlife and Wildlife Habitat
There should be no impact on wildlife and wildlife habitat. The lot has been developed
with a single-household residence for 50 years. The addition of another residence in an
otherwise fully developed subdivision should not impact any possible wildlife and
wildlife habitat.
6. Effects on Public Health and Safety
The intent of the regulations in the Unified Development Ordinance is to protect the
public health, safety and general welfare. The subdivision has been reviewed and
determined to be in general compliance with the tide. Any other conditions deemed
necessary to ensure compliance have been noted throughout this staff report.
B. Compliance with the survey requirements provided for in Part 4 of the Montana
Subdivision and Platting Act.
The property in question has been surveyed and platted in conformance with the Montana
Subdivision and Platting Act and filed as a Preliminary Plat in accordance with the state statute
and the Bozeman Municipal Code.
No additional information in the form of Plans & Specifications or any other public
improvement reports were necessary with this subdivision.
C. Compliance with the Bozeman Unified Development Ordinance.
The applicant is advised that unmet code provisions, or code provisions that are not specifically
listed, does not, in any way, create a waiver or other relaxation of the lawful requirements of the
Bozeman Municipal Code or state law.
1. Per Section 18.42.060, all easements shall be described, dimensioned and shown on the
ftnal plat in their true and correct location.
2. All street rights-of-way contiguous to or within the proposed development site not used
for street pavement, curbs, gutters, sidewalks or driveways shall be landscaped with one
large canopy tree for each 50 feet of total street frontage. (Section 18.48.050.E.1) Street
tree permits shall be obtained prior to installing the street trees.
3. In accordance with Section 18.78.070, a Memorandum of Understanding shall be
entered into with the Weed Control District priQr to submitting the final plat. A copy
of the MOU shall be submitted with the final plat application.
4. Section 18.42.040 requires that utilities be placed underground wherever technically and
economically feasible. If overhead utility lines are used, they shall be located at the rear
property line.
5. The water and sewer service line stubs shall be installed or ftnancially guaranteed prior
to filing the final plat. The stubs shall both be installed prior to issuance of a building
permit on any lot (Chapter 18.74).
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6. All improvements shall be subject to Chapter 18.74, "Improvements and Guarantees."
7. All construction activities shall comply with Section 18.74.020.A.2. This shall include
routine cleaning/sweeping of material that is dragged to adjacent streets. The City may
require a guarantee as allowed for under this section at any time during the construction
to ensure any damages or cleaning that are required are complete. The developer shall
be responsible to reimburse the City for all costs associated with the work if it becomes
necessary for the City to correct any problems that are identified.
8. Conditional approval of the preliminary plat shall be in force for not more than one (1)
calendar year, as stated in Section 18.06.040.D.6. Prior to that expiration date, the
developer may submit a letter of request for the extension of the period to the Planning
Director for the City Commission's consideration.
9. The ftnal plat submittal shall be in conformance with Section 18.06.060 "Final Plat
Application" and Section 18.78.070 "Final Plat" and shall include four (4) signed
reproducible copies on a stable base polyester f11m (or equivalent); two (2) digital copies
on a double-sided, high density 3%-inch floppy disk or compact disk; and five (5) paper
prints.
D. Compliance with the required subdivision review process.
A Pre-Application Meeting was held on May 24,2005. Subsequent to that meeting the applicant
submitted a Preliminary Plat application on June 9,2005. The application was deemed complete
onJune 17,2005.
On June 29, 2005 this First Minor Subdivision from a Tract of Record was reviewed by the
Development Review Committee. On the second and final week of DRC review, on July 6,
2005, a favorable recommendation was forwarded for consideration by the Planning Board and
City Commission. Since this is the First Minor Subdivision from a Tract of Record no notice in
the newspaper or on-site is required. The notice was sent out to owners of record within 200
feet of the subject property on July 8, 2005.
On July 7, 2005 the subdivision staff report was drafted and forwarded with a recommendation
of conditional approval to the Planning Board for consideration at its July 19, 2005 public
meeting. The City Commission will make a final decision at an August 1, 2005 public meeting.
Final decision for a First Minor Subdivision from a Tract of Record Preliminary Plat must be
made within 35 working days of the date it was deemed complete or in this case by August 8,
2005. If the application is approved on August 1, 2005 then it will have taken 30 working days.
E. Provision of easements for the location and installation of any planned utilities.
The plat indicates a new 10-foot easement along the Fridley Street frontage for a new sewer
service to run to proposed Lot 13B from the sewer mains in North Church Street. Public utility
easements will be required for the provision of phone, gas and electric services to both Lots 13A
and 13B.
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F. Provision oflegal and physical access to each parcel.
Proposed Lot 13A will have legal and physical access from North Church Avenue and Fridley
Street. Proposed new Lot 13B will have legal and physical access from Fridley Street, with
access taken from Fridley Street and/or the adjacent alley.
ORDER
After considering all matters of record presented at the public hearing, the Bozeman City
Commission found that the proposed subdivision would comply with the City of Bozeman Growth
Policy and the requirements of the City of 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 the
Gammack Minor Subdivision for the property owners Dana Pepper, and Tom and Robetta Gammack,
be approved, subject to the following conditions:
Conditions of Approval:
1. All utilities serving Lots 13A and 13B, including electric, gas, phone and cable, shall be relocated
into a standard public utility easement. Electric, gas, phone and cable utilities shall not be
placed in the same easement as the sewer service for Lot 13B. The size and location of the
easement(s) shall be determined by the utility companies providing service, including
Northwestern Energy, Qwest and Bresnan. The easement(s) shall be described, dimensioned
and shown on the final plat in their true and correct location.
2. The developer shall make arrangements with the City Engineer's Office to provide addresses for
all individual lots in the subdivision prior to filing of the fmal plat.
3. Applicant shall provide and file with the County Clerk and Recorder's Office executed Waivers
of Right to Protest the Creation of SIDs for the following:
A. Street improvements including paving, curb/gutter, sidewalk and storm drainage
facilities for the following streets:
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a. Fridley Street
The documents filed shall specify that in the event an SID is not utilized for the
completion of these improvements, the developer agrees to participate in an alternate
financing method for the completion of said improvements on a fair share,
proportionate basis as determined by square footage of property, taxable valuation of
the property, traffic contribution from the development or a combination thereof.
4. A City standard sidewalk shall be installed along Fridley Street from North Church Avenue to
the end of the existing sidewalk to the east. It shall be installed or fmancially guaranteed prior to
filing the fmal plat. The sidewalk along Lot 13A must be installed prior to issuance of a building
permit for any lot. The sidewalk along Lot 13B must be installed prior to occupancy of any
structure on said lot. Upon the third anniversary of the plat recordation of any phase of the
subdivision, any lot owner who has not constructed said sidewalk shall, without further notice,
construct within 30 days said sidewalk for their lot(s), regardless of whether other improvements
have been made upon the lot. This condition shall be included on the plat and in the covenants
for the subdivision.
5. The apron between the street and the sidewalk in the alley shall be paved. This shall be installed
or financially guaranteed prior to filing the fInal plat. The apron shall be installed prior to
issuance of a building permit on any lot.
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 these Findings by the City Commission,
by following the procedures of Section 76~3~625, M.C.A. The preliminary approval of this subdivision
shall be effective for one year from the date of adoption of these Findings by the City Commission. At
the end of this period the City Commission may, at the written request of the subdivider, extend its
approval as provided for in the Bozeman Unified Development Ordinance.
DATED this 6th day of
September
,2005.
By:
Andrew L. Cetraro, Mayor
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A TIEST:
Clerk of the Commission
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