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HomeMy WebLinkAbout04- Foxtail Street Major Subdivision ; , BEFORE THE BOZEMAN CITY COMMISSION GALLATIN COUNTY, MONT ANA IN THE MATTER OF THE APPLICATION OF THE KLOS FAMILY TRUST (JIM KLOS) AND, JIM MITCHELL, OWNERS, FINDINGS REPRESENTED BY ROB PERTZBORN, INTRINSIK, FOR OF FACT PRELIMINARY APPROVAL OF FOXTAIL STREET MAJOR AND ORDER SUBDIVISION This matter came before the Bozeman City Commission on September 7, 2004, for review and decision pursuant to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-625, Montana Codes Annotated, the Bozeman 2020 Community Plan, and Bozeman Unified Development Ordinance. The applicant presented to the Commission a proposed Preliminary Subdivision Plat for a major subdivision to resubdivide 8 lots into 12 single family lots, as submitted in its original form on June 14, 2004, (#P~04028). The Commission held a public hearing on the pre1iminaryplat 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 June 14,2004, the applicant / owner, The Klos Family Trust (Jim Klos), 2953 Star Ridge Road, Bozeman, MT 59715, and, Jim Mitchell, P.o. Box 803, Jackson WY 83001, and represented by Rob Pertzbom, Intrinsik, 428 East Mendenhall Street, Bozeman MT 59715, submitted an application for approval to create Foxtail Street, a major subdivision to resubdivide ::1::1.48 acres ofland consisting of 8 lots into 12 single family lots and site related improvements on property zoned "R-1" (Residential Single-Household, Low Density District). The applicant is requesting a waiver of park dedication requirements pursuant to Section 18.50.1 O.F of the Bozeman Unified Development Ordinance to al10w the sufficient park dedication previously provided in Cattail Creek Subdivision Phase II to meet the requirements for this subdivision. The property is legally described as Lots 6~lO of Block 14 and Lots 1-5 of Block 15, Cattail Creek Subdivision . Phases 2A and 2B, and is situated in the NW ~ of Section 35, TIS, R5E, PMM, Gallatin County, City of Bozeman, Montana. II. The comments ofthe 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 ofthe public meeting and public hearing was posted at the site and also published in the Bozeman Daily Chronicle on August 8, 2004. 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 August 17, 2004. The Planning Board found that the application was properly submitted and reviewed under the procedures of the Bozeman Unified Development Ordinance. Staff reviewed the staff report and the evidence, which justified the imposition of conditions. The applicant made a formal presentation in favor of the requested subdivision. The Planning Board then opened the public meeting. There was no comment from the general public. Receiving no response, the Board closed the public hearing. The Board discussed and supported the requested waiver of park dedication requirements pursuant to Section 18.50.10.F ofthe Bozeman Unified Development Ordinance. The Planning Board discussed the conditions, and agreed that the conditions outlined in the staff report were necessary. The Planning Board then voted on a motion regarding the subdivision. The motion, to recommend approval ofthe subdivision with the conditions as recommended by Staff, passed on a vote of 7 in favor and 0 in opposition. IV. The application was considered by the Bozeman City Commission at its regular meeting on September 7, 2004, at which time the recommendation ofthe Planning Board, presented in Planning Board Resolution # P-04028, and information compiled by City staff was reviewed. The applicant made a formal presentation in favor of the requested subdivision, and the requested waiver of park dedication requirements pursuant to Section 18.50.10.F of the Bozeman Unified Development Ordinance. The applicant requested an amendment to Condition #7 to allow the opportunity to obtain building permits for buildings that do not need new service stubs. There was no comment from the general public. The Commission discussed and supported the waiver and the applicant's request for an amendment 2 . . to Condition #7. V. The application was considered by the Bozeman City Commission and weighed against the review criteria established by Statute, and found as follows: A) PRIMARY REVIEW CRITERIA 1. Effects on Agriculture. The subject property is currently not used for any agricultural purposes, nor are there any adj acent farm operations. 2. Effects on Agricultural Water User Facilities. This proposed subdivision has no agricultural water user facilities. 3. Effects on Local Services. WaterlSewer: WaterlSewer services can be provided by connection to existing main lines located Foxtail Street. Streets: Foxtail Street provides access to this subdivision. 4. Effects on the Natural Environment. Stormwater and drainage was address for Cattail Creek Subdivision Phase n and provided to the Engineering Department for review. Applicant has entered into an agreement for a Noxious Weed Management Plan with the Gallatin County Weed Board. 5. Effects on Wildlife and Wildlife Habitat. Due to its historical uses and the development of surrounding lands, no significant adverse cffects on wildlife or their habitat have been identified on the property. 6. Effects on Public Health and Safety. Because municipal sewer will service development in the subdivision, the threat of groundwater degradation from onsite sewage disposal will be eliminated. There are no known, unmitigated natural or man-made hazards on this property. B) COMPLIANCE WITH SURVEY REQUIREMENTS PROVIDED F OR IN PART 4 OF THE MONTANA SUBDIVISION AND PLATTING ACT. The subdivision complies or will comply with survey requirements of the Act. C) COMPLIANCE WITH THE BOZEMAN SUBDIVISION REGULATIONS. The subdivider has applied for the necessary waiver to comply with the Bozeman Unified Developmcnt Ordinance. 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 Subdivision Regulations. The notice was mailed to all adjoining property owners by certified mail on August 9, 2004. The proposed project was noticed in the Bozeman Daily Chronicle on August 8, 2004. 3 .. i . E) PROVISION OF EASEMENTS FOR THE LOCATION AND INSTALLATION OF ANY PLANNED UTILITIES. All utilities and necessary utility easements will be provided. F) PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEL. Legal and physical access to each parcel is provided from existing and new streets through the subdivision. 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 Montana Subdivision and Platting Act, and the Bozeman Unified Development 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 Foxtail Street Major Subdivision, for the K10s Family Trust (Jim K10s) and, Jim Mitchell, be approved subject to the following conditions: 1. omitted. 2. The Certificate of Completion ofhnprovements shall be shown on the final plat. 3. The Final Plat shall conform to all requirements of the Bozeman Unified Development Ordinance and thc 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 copies on a double-sided, high density 3~ 1/2" floppy disk; and five (5) paper prints. 4. 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 cxtension of the period to the Planning Director for the City Commission's consideration. 5. If it is the developer's intent to file 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 thc Preliminary Plat submittal information and conditions of approval. 1fthc 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. 6. The applicant shall submit with the application for Final Plat review and approval, a written narrative stating how each of the conditions of preliminary plat approval has been satisfactorily addressed. 4 .. j " I ~ 7. Plans showing the location, size, and number of all sewer and water services shall be submitted to and approved by the City Engineer and Water/Sewer Superintendent. No building permits for buildings requiring new service stubs shall be issued prior to the installation and acceptance of all new service stubs subject to approval of Engineering Department. 8. All infrastructure improvements including 1) water and sewer main extensions, installation of service stubs, 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. City standard residential sidewalks shall be constructed on all public street frontages of a property prior to occupancy of any structure on the property. 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 10t(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. 9. The location of existing water and sewer mains shall be properly depicted. Proposed main extensions shall be noted as proposed. 10. 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 final plat. This City Commission order may be appealed by bringing an action in the Eighteenth District Court of Gallatin County, within 30 days a fier t he adoption 0 f 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 ofthese 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 4th day of October ,2004. BOZ1,j\J A. /I ~~ "ISSION -- ~ .~ !;' \ '~ ~T An~w't~t~~ro, Mayor ~./~ APPROVED AS TO FORM: -/.~ Robin L. Sullivan Tim Cooper ~ Clerk of the Commission Acting City Attorney 5