Loading...
HomeMy WebLinkAbout06- Preliminary Plat Approval of Northside Minor Subdivision Findings of Fact and Order . Northside Minor Subdivision & Variances Findings of Fact and Order #1'-05057 BEFORE THE BOZEMAN CITY COMMISSION GALLATIN COUNTY, MONTANA r IN THE MATTER OF THE APPLICATION OF MONTANA FINDINGS AVENUE PARTNERS, LLC, 1006 WEST MAIN STREET, OF FACT BOZEMAN MT 59715, REPRESENTED BY COMMA-Q AND ORDER ARCHITECTURE, INC, 109 NORTH ROUSE AVENUE, BOZEMAN, MT 59715 & HKM ENGINEERING, INC, 601 NIKLES DRIVE, SUITE 2, BOZEMAN, MT 59715 FOR PRELIMINARY PLAT APPROVAL OF NORTHSIDE MINOR SUBDIVISION. This matter came before the Bozeman City Commission on Monday, December 19,2005, for review and decision pursuant to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-625, Montana Codes Annotated (MCA), the City ofTIozeman Unified Development Ordinance, and the City of Bozeman 2020 Community Plan. The applicant's representative presented to the Commission a proposed Preliminary Subdivision Plat with variances for a four (4) lot minor subdivision with one (1) common area open space as submitted in its original form on October 1 8, 2005. The variances arc from Chapter 18.44 "Transportation Facilities and Access" of the Unified Development Ordinance and include deferred improvements (sidewaU" curb, gutter, etc.) to North Rouse Avenue and an alternate street standard (25 feet in width instead of 33 feet) at the terminus of North Montana A venue. The Commission held a public hearing on the preliminary plat with variances 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 PACT 1. On October 18, 2005, Montana Avenue Partners, 1,1,C, 1006 West Main Street, Bozeman MT 59715, represented by Comma-Q Architecture, Inc, 109 North Rouse Avenue, Bozeman, MT 59715, and HIDv1 Engineering, T nc, 601 Nik1es Drive, Suite 2, Bozeman, MT S971Ssubmitted a preliminary plat ~ 1- , Sunfish Park Minor Subdivision Findings of Fact and Order #P-05027 application for a four (4) lot minor subdivision with one common area. The property is legally described as LI,ts 1-32, Block 1, Tmes Addition, in the SW 1/4 of Section 6, T2S, R6E, PMM, City of Bozeman, Gallatin County, Montana. The 3.02-acre subject property is located at 1237 North Rouse Avenue, is zolled M-1 (Light Manufacturing District), and falls withm the North Rouse Avenue, East Oak Street, and 1-90 Entryway Overlay Districts. II. 'fhc comments of the Dcvelopment Review Committee, along with those of Department of Planning & Corrununity Development Staff, wcre incorporated into a staff report with suggested conclitions of approval, which was provided to the City of Bozeman Planning Board. III. Notice of the time and date of thc public meeting and public hearing was mailed to adjoining property owncrs and posted at thc site on November 18,2005. Said notiee was also printcd in the newspaper on November 20 and November 27, 2005. Said notices served to inform interested persons that materials were available for review at the Bozeman Department of Planning & Community DevcIopment. The City of Bozeman Planning Board opened the public hearing on December 6, 2005. The Planning Board found that the application was properly submitted and reviewed under thc procedures of the City of Bozeman Unified DevcIopment Ordinance. Staff reviewed the staff report and the evidcnce which justified the imposition of conditions. The applicant's representatives made a formal presentation in favor of the requested subdivision. The Planning Board then opened the public meeting. Noone made public comment. The Planning Board then closed the public meeting. The City of Bozeman Planning Board thcn moved to recOlmnend approval of the subdivision and variances with conditions as recommended by Staff, on a vote of 8 in favor and 0 in opposition. TV. The application was considered by the B07;eman City COlmnission at its regular n1.eeting on Deccmbcr 19, 2005, at which time the recommcndation of the Planning Board and information compiled by City staff was reviewed. V. -2- . N orthsideMinor Subdivision & Variances Findings of Fact and Order #P-05057 The application was considered by the Bozeman City Commission and weighed against thc review criteria established by Statute, and found as follows: A. Effects on agriculture, agricultural water user facilities, local services, the natural environment, wildlife and the wildlife habitat, and public health and safety. The property is not currently utilized for agriculture and has been master planned for industrial development. Municipal water, sewer, roads and emergency services will be provided to the property. The subdivision must be dcsigned to ensure adequate water, sewer, and street capacity exist to support the proposed subdivision. B. Compliance with the following: 1. The survey requirements provided for in Part 4 of the Montana Subdivision and Platting Act. The subdivision currently complies and will remain in compliance with survey requirements of the Act. 2. The local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act. The final plat shall comply with the standards identified and referenced in the llnified Development Ordinance. The applicant is advised that Ullmet 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) The Final Plat must be in compliance with all requirements of Chapter 18.06 "Review Procedures for Subdivisions" including that the Final Plat must be submitted within one (1) year of City Commission approval. (b) Section 18.42.0GO.B requires all easements to be described, dimensioned and shown on the Final Plat in their true and correct location. The "No Build" easement needs to be shown on the plat map itself in addition to being in the notes section. (c) The Lighting Plan shall reflect the standards outlined in Section 18.42.150. A corrected plan including both existing and proposed street lights shall be submitted for review and approval prior to the contracting, creation of an SILD, and installation of any lights. All of the lights, including the bollard lights, shall conform to City's requirements for cut- off shields. All subdivision lighting shall be operated and maintained through the creation of a new SILD (Special Improvements Lighting District), through the annexation to an existing SILD or through some other equivalent means approved by the Ciry of Bozeman. Required street lights must be installed or financially ~3- , Northside Minor Subdivision & Variances Findings of Fact and Order #P-OSOS7 guaranteed prior to building permit approval. Occupancy requests will not be approved prior to City Commission acknowledgement of the SILD. (d) All improvements are subject to Chapter 18.74 "Improvements and Guarantees." If it is the developer's intent to f1le the plat prior to the completion of all required improvements, an Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval. If the final plat is f1led prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security eClual to 150 percent of the cost of the remaining improvements. Concurrent Construction must meet the twelve criteria outlined in Section 18.74.030.D. (e) The Final Plat must be in compliance with all requirements of Section 1 H. 78.(170 "Final Plat," including, but not limited to the following item: 1. 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 Pinal Plat approval; II. The final plat submittal shall include 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 four (4) signed reproducible copies on a stable base polyester f1lm (or equivalent); two (2) digital copies on a double-sided, high density 31/z-inch floppy clisk or compact disk; and five (5) paper prints. 3. The local subdivision review procedure provided for in Part 6 of the Montana Subdivision and Platting Act. The Planning Board and City Commission hearings ahve bcen properly noticcd, 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. 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 All lots within the subdivision will have direct access to either dedicated public streets or to the common opcn space secured with a "No Build Rcstriction" and a reciprocal! shared paring and access agreemcnt. -4- . ~ Northside Minor Subdivision & Variances Findings of Fact and Order #P-05057 ORDER After considering all matters of record presented at the public hearing, the Bozeman City COlmnission found that the proposed subdivision would comply with the adopted Growth Policy, 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 dle 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 TS HEREBY ORDERED that the Preliminary Subdivision Plat for Northside Minor Subdivision, owned by Montana Avenue Partners, LLC, 1006 West Main Street, Bozeman MT 59715, represented by Comma-Q Architecture, Tnc, 109 North Rouse A venue, Bozeman, MT 59715, and HIDv1 Engineering, lnc, 601 Nikles Drive, Suite 2, Bozeman, MT 59715 to allow a four (4) lot minor subdivision with one common area, be approved, subject to the code provisions and the following twenty-seven (27) conditions: Conditions of Approval: 1. Approval of this preliminary plat is contingent upon City Commission approval of the requested subdivision variartces. 2. This subdivision shall comply with all approved conditions of the Planned Unit Development (POD) #Z-05253. No additional site work may occur until the Pinal PUD is submitted and approved by the Department of Planning & Community Development. 3. Prior to approval of plans and specifications, a cultural resource inventory completed by a qualified professional must be submitted and approved by the Bozeman Historic Preservation Office and the State Historic Preservation Office. 4. Prior to approval of plans and specifications, the applicants shall submit a detailed phasing plan that shows both the phasing of the infrastructure as well as the phasing of the buildings. 5. A reciprocal access and parking easement shall be provided on the Final Plat for all shared accesses and parking facilities. The easement shall state that the drive accesses and parking areas arc permitted for reciprocal use by all of the lots of the subdivision. 6. The Final Plat shall not include buildings or parking layout. ~5~ . Northside .Minor Subdivision & Variances Findings of Fact and Order #P-OSOS7 7. 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 rcIaxation of the lawful requirements of the Bozeman Municipal Code or state law. 8. The Final Site Plan/Final Plat shall be adequately dimensioned. A complete legend of all line types used shall also be provided. 9. The developer shall make arrangements with the City Engineer's office to provide addrcsses for all individual lots in the subdivision prior to filing of the Final Plat. 10. All existing utility and other easements must be shown on the Final Site Plan/Final Plat. 11. Adelluate snow storage area must be designated outside the sight triangles, but on the subjcct property (unless a snow storage easement is obtained for a location off the property and flied with the County Clerk and Recorder's Office). 12. Applicant shall provide and ftIe with the County Clerk and Recorder's Office executed Waivers of Right to Protest Creation of Special Improvements Districts (STDs) for the following: a) Street improvements to Oak Street including paving, curb/gutter, sidewalk, and storm drainage (unless currently flied with the property). 13. Project phasing shall be clearly defined on the infrastructure plans and specifications including installation of infrastructure. 14. A Stotmwater Master Plan for the subdivision for a system designed to remove solids, silt, oils, grease, and other pollutants from the nl110ff from the private and public streets and all lots must be provided to and approved by the City Engineer. The master plan must depict the maximum sized retention/ detention basin location, and locate and providc easements for adequate drainage ways within the subdivision to transport runoff to the storlTIwater receiving channel. The plan shall include sufficient site grading and cIevation information (particularly for the basin sites, drainage ways, and lot flllished grades), typical stormwater retention/ detention basin and discharge stnlCture details, basin sizing calculations, and a stormwater maintenance plan. Any stotlTIwater ponds located within park or open space shall be designed and constructed so as to be conducive to the normal use and maintenance of the park or open space. Storm water ponds shall not be located on private lots. Detailed review of the fInal grading and drainage plan and approval by the City Engineer will be reyuired as part of the infrastructure plan and specification review process. -6- . . .. Northside lvlillor Subdivision & Variances Filldings of Fact and Order #1'-05057 15. The location of and distinction between existing and proposed sewer and water mains and all easements shall be dearly and accurately depicted, as well as all ncarby fire hydrants and proposed fue hydrants. 16. The existing 10-inch water that runs through the center of this development must be replaced. An engineering report must be submitted to verify the future water main is sized so as to accommodate this proposcd development. 17. All existing and proposcd water and sanitary sewer infrastructure within the scope of the project must be clearly depicted and labeled on the Final Site, landscaping, paving, and drainage plan sheets. 18. Each proposed lot of the subdivision must havc its own adequately sized sewer and water service. If any existing services or fue lines arc proven to be too dilapidated to serve the lot and the buildings they must be replaced. 19. Easements needed for the water and sewer malO extensions shall be a minimum of 30 feet in width, with the utility located in the center of the easement. In no case shall the utility be less than 10 feet from the edge of the easemcnt. All necessary easements shall be provided prior to Final plat approval and shall be shown on the plat. 20. Plans and Specifications for anyfite servIce line must be preparcd in accordance with the City's Fire Service Line Policy by a Professional Engineer (PE), and be provided to and approved by the City Engineer prior to initiation of construction of the fue service or fue protection systcm. The applicant shall also provide Professional Engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. 21. A water service casement will be necessary for the water service line that will serve building number one. This easement shall be a minimum of 20 feet wide. 22. Plans and Specifications for streets and storm drainage facilities, prepared and si6'1led by a Professional Engineer (PE) registered in the State of Montana shall be provided to and approved by the City Engineer. The applicant shall also provide Professional Engineering services for Construction Inspection, Post-Construction Certification, and preparation of mylar Record Drawings. Construction shall not be initiated on the public infrastnlCture improvements until the plans and specifications have been approved and a preconstruction conference has been conducted. No building permits shall be issued prior to City acceptance of the required infrastructure improvements except as allowed under Section 18.74.030.D. 23. Documentation from the Montana Dcpartment of Transportation (MDT) must be provided stating that they are supportive of no improvements to ROLlse Ave with this development, along with a scheduIc of whcn these improvements will happen. -7- , .. . N orthside .Minor Subdivision & Variances Findings of Fact and Ordei: #P-05057 24. Proposed street widths shall be indicated on the submittal. City Standard curb, gutter and sidewalk shall be provided along all streets in the subdivision. Streets within the subdivision will be City standard width. Detailed review of the street and intersection design and approval by the City Engineer will be required as part of the infrastructure plan and specification review process. Typical sections of the proposed Montana Avenue shall be submitted to the Engineering Division. 25. Montana Avenue shall be upgraded to meet all minimum City standards for a local street. At this time City Engineering does not support left turns out of Montana A ve. Full access will be allowed onto Rouse Ave, but do to the poor visibility onto Oak from Montana Ave. there will be only right turns out only. Full access from Oak onto Montana Ave. will be allowed. Adequate traffic control measures must be instituted at the intersection of Montana and Oak to restrict left turns out. Ata minimum these traffic control measures shall be "no left turn" signs, and; "pork chop." 26. The Engmeering Division is requiring that the intersection of North Rouse Avenue and East Oak Street be sibl"11alized. Section 18.44.060.D of the Unified Development Ordinance states "Street and intersection level of service C shall be the design and operational objective, and under no conditions will less than level of service D be accepted." 'I'he traffic study submitted shows this intersection at a level of service F. The developer shall work wid1 Montana Department of Transportation (MDT) regarding the installation of the traffic signal and provide written documentation from MDT to the City of Bozem.an. 27. The Montana Department ofFish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineer's shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to Final Site Plan approval. 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, MCA. The preliminary approval of this subdivision and variances shall be effective for one year from the date of adoption of these Findings by the Ciry Conunission. 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 (hclinanee. DATED this (p~ day of \;~vYU Ii v'r--' 2006. -8- , . . ~ Northsidc 1"vIinor Subdivision & Vatiances Findings of Fact and Order #1'-05057 BOZEMAN cny COMMISSION BY~ /U?tc. -~/- ]effKra , M . '( ATTEST: r2~./ ~ Robin L. Sullivan Clerk of the Commission -9-