HomeMy WebLinkAbout03- Milligan Minor Subdivision
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BEFORE THE BOZEMAN CITY COMMISSION
GALLATIN COUNTY, MONTANA
IN THE MATTER OF THE APPLICATION OF
RICHARD AND BONNIE MILLIGAN FINDINGS
REPRESENTED BY C&H ENGINEERING AND OF FACT
SURVEYING, INC. FOR PRELIMINARY APPROVAL AND ORDER
OF MILLIGAN MINOR SUBDIVISION
This matter came before the Bozeman City Commission on January 13, 2003, 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 Bozeman Area Subdivision Regulations, Bozeman 2020
Community Plan, and Bozeman Zoning Ordinance. 'Che applicant presented to the Commission a
proposed Preliminary Subdivision Plat for a minor subdivision consisting 01'4 lots as submitted in its
original form on October 30, 2002, P-02052. 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 determine whether the plat should
be approved, conditionally approved, or disapproved.
It appeared to the Commission that all parties wishing to appear and comment wcrc 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:
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I Milligan Minor Subdivision Findings of Fact and Order #1'-02052 I
FINDINGS OF FACT
1.
On October 30, 2002, Richard and Bonnie Milligan, contract purchasers from Bozeman
School District No.7, represented by C&H Engineering and Surveying, Inc., submitted an
application for approval to create thc Milligan Subdivision, a minor subdivision dividing 29.15
acres into 4 lots zoned "B-2" (Community Business District) and "Pl.l" (Public Lands and
Institutions District). The property is situated in the SW 1/4 of Section 26, TIS, R5E, PMM,
City of Bozeman, Gallatin County, Montana.
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 Bozeman Planning Board.
III.
Notice of the time and date of the public meeting and public hearing was posted at the site
and also published in the Bozeman Daily Chronicle on December 1,2002. Said notice also served to
inform interested persons that materials were available for review at the Bozeman Planning &
Community Development Department.
The Bozeman Planning Board considered the application at its regular meeting on December
17,2002. The Planning Board found that the application was properly submitted and reviewed under
the procedures of the Bozeman Area Subdivision Regulations and the Bozeman Area Zoning
Ordinance. Staff reviewed the staff report and the evidence, which justified the imposition of
conditions.
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IMilligan Minor Subdivision Findings or Fact and Order #P~02052 I
The applicant made a formal presentation in favor of the requested subdivision and agreed to
the conditions presented in the Staff Report.
The Planning Board then opened the public hearing. There was no comment from thc general
public. Receiving no further response, the Planning Board closed the public hearing.
The Planning Board agreed that the conditions outlined in the staff report werc necessary
with the modification of condition #3 to delete the wording referencing motion detector lights. 'fhe
Plmming Board thcn voted on a motion regarding the subdivision. The motion, to recommend
approval of the subdivision with conditions as recommended by Staff, the modification to condition
#3, passed on a unanimous vote of 5 in favor and 0 in opposition.
IV.
The application was considered by the Bozeman City Commission at its regular meeting on
January 13, 2003, at which time the recommendation of the Planning Board and information
compiled by City staff was reviewed.
V.
The application was considered by the Bozeman City Commission and weighed against the
review criteria established by Statutc, and found as follows:
A) PRIMAR Y REVIEW CRITERIA
1. Effects on Agriculture.
The eastern third of subject property is currently used for agricultural production of hay
grasses. The remaining two-thirds is the bus bam facility, bus parking lot and a fallow field.
) fJ.fects on Agricultural Water User Facilities.
There are no agricultural water user facilities on the subject property.
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Milli ran Minor Subdivision Findin S of Fact and Order #P-02052
3. Effects on Local Services.
Water/Sewer: Water/Sewer services can be provided by connection to existing main lines.
The design and approval of water and sewer facilities is addressed in recommended
conditions #11, #12 and #18.
Strccts: Street improvements, including city standard sidewalks (or transportation pathways)
are addressed in recommcnded condition #6, #7, #8, #12, #16, and #17.
4. Effects on the Natural Environment.
Stormwater and drainage will be addressed through condition # 10. Applicant has entcred
into an agreement for a Noxious Weed Management Plan with the Gallatin County Weed
Board.
5. h;Yfects on Wildlife and Wildl(fe Habitat.
Due to its historically agricultural use and the development of surrounding lands, no
significant adverse effects on wildlife or their habitat have been identified on thc property.
6. Effects on Public Health and Safety.
Development within the subdivision will be serviced by municipal sewer eliminating thc
threat of groundwater degradation from onsite sewage disposal (condition # 11, # 12, and
#18).
B) COMPLIANCE WITH SURVEY REQUIREMENTS PROVIDED FOR IN PART 4 OF
THE MON'fANA SUBDIVISION AND PLATTING ACT. The subdivision complies or
will comply with survey requirements of the Act.
C) COMPLIANCE WITH THE BOZEMAN SUBDIVISION REGULATIONS.
The final Plat will comply with the regulations.
D) COMPLIANCE WITH THE REQUIRED SUBDIVISION REVIEW PROCESS.
The meeting before the Planning Board and hearing before the City Commission have been
properly noticed, as required in the Bozeman Subdivision Regulations. The notice was
mailed to all adjoining property owners by certified mail on November 26, 2002. The
proposed project was noticed in the Bozeman Daily Chronicle on December 1,2002.
E) PROVISION OF EASEMENTS FOR THE LOCATION AND INSTALLATION OF ANY
PLANNED UTILITIES. All utilities and necessary utility easements will be providcd.
F) PROVISION OF LEGAL AND Pf-IYSICAL ACCESS TO EACH P ARCEL_:
Legal and physical access to each parcel is provided from existing streets through the
subdi vision.
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Milli 'an Minor Subdivision Findin S of Fact and Order IfP-02052
ORDER
After considering all matters of record presented at the public hearing, the City Commission
found that the proposed subdivision would comply with the Bozeman 2020 Community Plan and the
requirements ofthe Bozeman Area Subdivision Regulations, the Montana Subdivision and Platting
Act, and the Bozcman Zoning Ordinance, 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
Milligan Subdivision for Richard and Bonnie Milligan be approved, subject to the following
conditions:
Planning Subdivision Specific Conditions:
1. Water rights, or cash-in-lieu thereof: shall be provided and paid for prior to final plat
approval. If the final plat of the subdivision is filed in phases, water rights will only be
required for each phase as the final plat for that phase is filed. The amount of water rights
required will be determined by the Director of Public Service based on the proposed final
plates).
2. Subdivision lighting shall be incorporated into the subdivision by one of the following: a)
the subdivider shall install street and pathway lighting throughout the subdivision pursuant to
Section 16.14.230 of the Bozeman Subdivision Regulations. Lighting shall be maintained by
means of the Property Owners' Association through Protective Covenants; or b) the
subdivider shall participate in a Street Improvement Lighting District (SILD) for the
provision of street and pathway lighting pursuant to Section 16.14.230 of the Bozeman
Subdivision Regulations. All subdivision lighting provided shall conform to Section
16.14.230 of the Bozeman Subdivision Regulations. A lighting plan including isofootcandle
plots and description ofthe proposed equipment, with details and specifications (cut sheets),
bulb type and size, and locations shall be provided with the final plat and subject to review
and approval by the Plmming Department.
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Milligan Minor Subdivision Findin S of Fact and Order #P-02052
.., In addition to conformance with Section 18.50.035 of the Bozeman Zoning Ordinance, all
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outdoor lighting, residential, commercial or otherwise, shall be free of glare, and shall be
fully shielded or shall be indirect lighting. No direct lighting shall be emitted beyond a
property's lot line. No ranch lights or unshielded lights shall be pennitted. No mercury
vapor lights shall be permitted. Alley lights shall be fully shielded lights. Covenants ofthc
development shall reflect these restrictions. For purposes of this paragraph, the following
ddinitions shall apply:
a) Fully shielded lights: Outdoor light fixtures shielded or constructed so that no light rays
arc emitted by the installed fixture at angles above the horizontal plane as certified by a
photometric test expert;
b) Indirect light: Direct light that has been reflected or has scattered off of other surfaces;
c) Glare: Light emitting from a luminaire with an intensity great enough to reduce a viewer's
ability to see, and in extreme cases, causing momentary blindness; and
d) Outdoor lighting: The nighttime illumination of an outside area or object by any man-
made device located outdoors that produces light by any means.
4. Subdivider shall provide a soils report, along with building plans, to the Building Division,
recommending types of foundations. If development shall occur in phases, the soils report
may address those lots within the proposed phase.
5. A declaration of covenants for this subdi vision must be included and recorded with the Final
Plat which specifically includes the provisions from Section 16.34.030, as well as provisions
for property owners' association maintenance of all applicable property owners' association
open space, pedestrian facilities, boulevards of public rights-of-way, and storm water
facilities. A draft of these covenants must be submitted for review and approval by the
Planning Department prior to filing and recordation with the Gallatin County Clerk and
Recorder.
6. Executed waiver of right-to-protest signalization improvements at the intersection of V alley
Center Road with North 2ih A venue, and Hulbert Lane with North 2ih A venue shall be filed
m1d of record with the Gallatin County Clerk and Recorder prior to final plat approval. A
copy of the filed documents shall be submitted with the fInal plat.
7. Subdivider shall install a bike lane (unless another type of transportation pathway is
determined to be more appropriate) along Hulbert Lane (from North 2ih A venue to the west
property line) in accordance with the standards contained in the Grcater Bozeman Area
Transportation Plan 2001 Update, and shall conform to City specifications.
8. Subdivider shall install sidewalks (unless another typc of transportation pathway is
determined to be more appropriate) along both sides of North 2ih Avenue (from the north
property line to the south property line) in accordance with City specifIcations.
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Milli an Minor Subdivision findin s of Fact and Order #1'-02052
9. Subdivider shall be responsible for landscaping of the public right-of-way boulevard strips
along all external subdivision streets and adjacent to subdivision parks or other open space
arc as pursuant to Section 16.14.110 of the Bozcman Subdivision Regulations.
Engineering General Conditions:
10. Stormwater Master Plan:
A Stormwater Master Plan for the subdivision for a system dcsigned to remove solids, silt,
oils, grease and other pollutants from the runoff 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 basin location, show location of
and provide easements for adequate drainagc ways within the subdivision to transport runoff
to the stormwater recciving channel. Thc plan shall include sufTicicnt site grading and
elevation information (particularly for the basin site, drainage ways and finished lot grades),
typical stormwater detention/retention basin and discharge structure details, basin sizing
calculations and a storm water maintenance plan.
Any storm water ponds located within a park or open space shall be designed and constructed
to be conducive to the normal use and maintenance ofthe open space. Stormwater ponds for
nmoff generated by the subdivision (e.g., general lot runoft~ public or privatc streets,
common open space, parks, etc.) shall not be located on easements within privately owned
lots.
While the runoff from the indi vidual lots will be dependent on the intensity of use on each
lot, the maximum sizing of the storm retention facilities for each lot will be established based
on maximum site development. Final facility sizing may be reviewed and reduced during
design review of the FSP for each lot.
11. Plans and specifications and a detailed design report for water and sewer main extensions,
storm sewer and the public street, prepared by a Professional Engineer, shall be provided to
and approved by the City Engineer and the Montana Department of Environmental Quality.
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 infrastructure improvements until the plans
and specifications have been approved and a pre-construction conference has bcen
conducted.
No building permits shall be issued prior to substantial completion and City acceptance of
the required infrastructure improvements.
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Milli 'all Minor Subdivision Findin S of Fact and Order #P-02052
12. All infrastructure improvements including water and sewer main extensions, streets,
curb/gutter, and related storm drainage infrastructure improvements shall be financially
guaranteed or constructed prior to Final Plat approval.
City standard sidewalks (including a concrete sidewalk section through all private drive
approaches) shall be constructed in all subdivisions on all public and privatc street frontages
prior to occupancy of any structure on individual lots. Upon the third anniversary of the plat
rccordation 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.
An Improvements Agreement shall be entered into with the City of Bozemml guaranteeing
the completion of all sidewalks within the subdivision within a 3-year period. The developcr
shall supply the City of Bozeman with an acceptable method of security equal to 150 percent
of these remaining sidewalk improvements.
The subdivider shall install sidewalks adjacent to public lands, including but not limited to,
parks, open space, and the intersection of alleys and streets or street easements. Sidewalks in
thesc arcas shall be installed prior to final plat approval, or shall be subject to an approved
improvements agreement and financially guaranteed.
13. The location of existing water and sewer mains shall be properly depicted. Proposed main
extensions shall be noted as proposed.
14. Easements for the water and sewer main 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 easement.
15. The dcveloper shall make arrangements with the City Engineer's office to provide addresses
for all individual lots in the subdivision prior to filing of the final plat.
Engineering Subdivision Specific Conditions:
16. Hulbert shall be constructed to one half of a minor arterial standard from North 2ih to the
western boundary of the subdivision including all utility extensions.
17. North 2ih shall be constructed to a collector standard. This shall included extension of the
street north to Valley Center Road or south to Catron Street to provide an improved
secondary access for the subdivision. This shall also include extension of the water main if
the street is constructed to the north to Valley Center Road.
18. The engineer shall examine the feasibility of extension of a gravity sewer main from the
existing mmlhole between lots 2 and 3 to the west to provide service to lot 4. If this
extension will provide gravity service to lot 4. the extension shall be made with the
improvcments for this subdivision.
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I Milligan Minor Subdivision Findings of Fact and Order #P-02052 I
Planning Code Provisions:
19. The Final Plat shall conform to all requirements of the Bozeman Area Subdivision
Rcgulations and the Uniform Standards for Final Subdivision Plats 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 four (4) signed reproducible
copies on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copics
on a double-sided, high density 3-1/2" floppy disk; and five (5) paper prints.
20. Conditional approval of the Preliminary Plat shall be in force for not more than three
calendar years, as provided by State statute. 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.
21. If it is the developer's intent to file the plat prior to the completion of all required
improvements, an Improvements Agreemcnt shall be entered into with the City ofBozemal1
guaranteeing the completion of all improvements in accordance with the Preliminary Plat
submittal information and conditions of approval. If the Final Plat is filed prior to the
installation of all improvements, the developer shall supply the City of Bozeman with an
acceptable method of security equal to 150% of the cost of the remaining improvements.
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 three years 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 Subdivision Regulations.
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I Milligan Minor Subdivision Findings of Fact and Order HP-020:i2 I
DATED this 3rd day of Feb., 2003.
BOZEMAN CITY COMMISSION
By /{~K~
Steven R. Kirchhoff, Mayor
CiZ; ~
Robin L. Sullivan
Clerk of the Commission
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