Loading...
HomeMy WebLinkAbout04- Courtyard Townhouses Subdivision - . . Courtyard Townhomes Minor Subdivision Findings of Fact and Order #P-03030A BEFORE THE BOZEMAN CITY COMMISSION GALLATIN COUNTY, MONTANA IN THE MATTER OF THE APPLICATION OF PAUL FINDINGS VIOLICH TRUST AND VOSTI 1988 TRUST, OF FACT REPRESENTED BY ROCKY MOUNTAIN AND ORDER ENGINEERS, FOR PRELIMINARY APPROVAL OF COURTYARD TOWNHOUSES SUBDIVISION. This matter came before the Bozeman City Commission on April 12, 2004, 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 of Bozeman Unified Development Ordinance, and the City of Bozeman 2020 Community Plan. The applicant's representative presented to the Commission a proposed Preliminary Subdivision Plat for a five (5) lot minor subdivision as submitted in its original form on March 1, 2004. 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 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 March 1, 2004, Paul Violich Trust and V osti 1988 Trust, represented by Rocky Mountain Engineers, submitted an application for approval of a five (5) lot minor subdivision preliminary plat. The property is legally described Tract D-1-A, the north 48 feet of Lots 1-6, and Tract D-1-B, the south 92 feet of Lots 1-3 and the south 92 feet of the east 10 feet of Lot 4, Block D, Plat BAO-B, Beall's Second Addition Amended, City of Bozeman, Montana and is :zoned B-3 (Central Business 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. . . Courtyard Townhomcs Minor Subdivision Findings of Fact and Order #P-03030A III. Notice of the time and date of the public meeting and public hearing was mailed to adjoining property owners and posted at the site on March 26, 2004. Said notice was also printed in the newspaper on March 28, 2004. Said notices also served to inform interested persons that materials were available for review at the Bozeman Planning & Community Development Department. The City of Bozeman Planning Board opened the public meeting on April 6, 2004. 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 applicant made a formal presentation in favor of the requested subdivision. The Planning Board then opened the public meeting. No one from the general public spoke regarding the proposed subdivision; therefore, the Planning Board closed the public meeting. The City of Bo:zeman Planning Board then moved to recommend approval of the subdivision with conditions as recommended by Staff, with further justification from City Staff regarding Condition 8, and passed on a unanimous vote of 7 in favor and 0 in opposition. IV. The application was considered by the Bozeman City Commission at its regular meeting on A pril12, 2004, 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 Statute, and found as follows: A. FffectJ on a,l!,riculture, qgricultural water uJer/acilitieJ, local sendces, the natural emrironment, wildlife and the wildl!fe habitat, and public health and safety. Section 76-3-608-6-a of the Montana Subdivision and Platting Act states that when a minor subdivision is proposed in a area where a growth policy has been adopted and the proposed subdivision will comply with the growth policy, the subdivision is exempt from Criteria A but is subject to applicable :zoning regulations. -2- . Courtyard lownhomes Minor Subdivision Findings of Fact and Order #P-03030A B. Compliance with thefo//owing: 1. T he .fUrv~y requirements provided jor in Part 4 ~l 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 ~ltbe Montana SlIbdi1Jision and Platting Act. The fmal plat will comply with the Unified Development Ordinance with the recommended conditions of approval outlined in this Staff Report. 3. The local Jubdivision rew.ew procedure provided jor in Part 6 of the Montana JubdiviJion and Platting Act. The Planning Board and City Commission hearings have been properly noticed, as required in the Unified Development Ordinance. C. The proviJion ~r eaJementJ jor the location and installation ofa1!J planned uti/itieJ. All utilities and necessary utility easements will be provided and depicted on the fmal plat. D. The prolJision if legal and p~YJical acceJJ to each parcel within the .f1IbditJiJion and the required notation of that {J{XeJJ on tbe applicable plat and af!Y imtrument of tranJfer concerning the parcel All lots within the subdivision will have direct access both to the dedicated public streets and to private drive access which will include a public access easement that will be recorded with the Final Plat. 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 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 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. -3- . . , Courtyard Townhomes Minor Subdivision Findings of Fact and Order #P-03030A THEREFORE, IT IS HEREBY ORDERED that the Preliminary Subdivision Plat for Courtyard Townhouses, Paul Violich Trust and V osti 1988 Trust, represented by Rocky Mountain Engineers, to allow a five (5) lot minor subdivision be approved, subject to the following conditions and code provisions: Conditions of Approval: 1. The subdivider shall provide a reciprocal! shared parking agreement for the common parking area. Once the document has been approved by the city, the property owner shall flie the document with the County Clerk and Recorder's Office. A copy of the recording receipt and the signed and notarized document shall be provided with the Final Plat submittal. 2. Storm water Master Plan: A Stormwater Master Plan for the subdivision for a system designed 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 drainage ways within the subdivision to transport runoff to the stormwater receiving channel. The plan shall include sufficient 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 stormwater maintenance plan. Any stormwater ponds located within a park or open space shall be designed and constructed to be conducive to the normal use and maintenance of the open space. Stormwater ponds for runoff generated by the subdivision (e.g., general lot runoff, public or private streets, common open space, parks, etc.) shall not be located on easements within privately owned lots. While the runoff from the individual 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 Final Site Plan for each lot. 3. All infrastructure improvements including 1) water and sewer services, 2) alley improvements, and 3) storm drainage infrastructure improvements shall be financially guaranteed or constructed prior to Final Plat approval. -4- . . . Courtyard Townhomes Minor Subdivision Findings of Fact and Ordcr #P-03030A 4. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements. 5. The location of existing water and sewer mains shall be properly depicted. Proposed main extensions shall be noted as proposed. 6. The drive approach shall be constructed in accordance with the City's standard approach (i.e., concrete apron, sidewalk section and drop-curb) and shown as such on the Final Site Plan. A City Curb Cut and Sidewalk Permit shall be obtained prior to Final Site Plan approval. 7. 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. 8. The easement for the drive aisle that provides common access for the lots shall be a public access casement. 9. Any cracked or broken portions of sidewalk along either of the street frontages shall be replaced. 10. The pavement thickness in the alley shall be 3 inch minimum. 11. The applicant shall install "N 0 Parking" signs and paint the curb yellow for a distance of 20 feet from the crosswalk in both directions at the intersection of Black and Beall. Code Provisions: In accordance with Chapter 18.72, "Supplementary Documents," a revised copy of the signed, notarized, and recorded covenants shall be required prior to Final Plat approval. The applicant shall submit a revised draft copy for approval by the Planning Office prior to submitting the final copy. The final 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. All landscaping in the right-of-way shall be subject to Section 18.48.070 "Landscaping of Public Lands" All improvements shall be subject to Chapter 18.74, "Improvements and Guarantees" Conditional approval of the preliminary plat shall be in force for not more than one (1) calendar year, as stated in Section 18.(l6.()40.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. -5- o.! l. Courtyard Townhomes Minor Subdivision Findings of Fact and Order #P.03030A 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 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 Unified Development Ordinance. DATED this 20th day of December ,2004. CI1Y COMMISSION By: Andrew Cetraro, Mayor A ITEST: APPROVED AS TO FORM: ~J~ -;;----c'f~. A4() U/AtM---r Robin 1.. Sullivan Paul J. Luwe ( / Clerk of the Commission City Attorney -6-