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HomeMy WebLinkAbout04- Carl Vandermolen . j ~ , BEFORE THE BOZEMAN CITY COMMISSION IN THE MATTER OF THE APPLICATION OF FINDINGS OF FACT CARL VANDERMOLEN FOR PRELIMINARY AND ORDER PLAT REVIEW OF A ONE LOT MINOR SUBDIVISION WITH A REMAINDER, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA PURSUANT to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-625, Montana Codes Annotated, and the City of Bozeman Unified Development Ordinance, a public meeting was scheduled, after notice given, before the Bozeman City Commission on November 15, 2004, on the above- entitled application. The applicant presented to the City Commission a proposed preliminary subdivision plat to subdivide 20.1l:i: acres of land and create one (1) 9.24-acre residentiallat with a remainder. The purpose of the public meeting was to consider all relevant evidence relating to public health, safety, and welfare, including the supplemental information and recommendation of the Planning Board, to determine whether the plat should be approved, conditionally approved, or disapproved. It appeared to the City Commission that all parties and the public 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 City Commission makes the following Findings of Fact, as required: FINDINGS OF FACT I. The application for preliminary subdivision plat review of the one-lot minor subdivision with a remainder was submitted to the Bozeman Planning Office on May 19, 2004. The application for preliminary plat review is described as a tract of land being a portion of Tract 2 of Certificate of Survey No. 1256 located in the Northeast One-Quarter af Section 2, T2S, RSE, P.M.M., Gallatin County, Montana. The preliminary subdivision plat, as proposed, will subdivide 20.11 acres of agricultural land and create one (1) 9.24-acre residential lot with a remainder. The one-lot minor subdivision lot will be served by City of Bozeman water and sanitary sewer services upon future development of said lands, and will be accessed by Baxter Lane, a paved County road. I VANDERMOLEN MINOR SUBDIVISION - FINDINGS OF FACT AND ORDER I i .. . II. Notice of the public meeting before the Bozeman City Commission was published in the Bozeman Daily Chronicle on Sunday, October 17, 2004, and the notice was posted at the site and mailed to all adjoining property owners. III. The Planning Board heard the matter of preliminary subdivision plat review on October 19, 2004. The Planning Staff reviewed the project at that time and discussed the recommended conditions of approval submitted by the Development Review Cammittee, including street improvements to Baxter Lane, non-transfer of the remainder parcel without further subdivision review, and applicable waivers of right-to-protest creation of special improvement districts for Baxter Lane, North 27th A venue, and associated signalization improvements. The Planning Staff reported that no written testimony, in favor of, or opposition to, the preliminary plat application was received as of the public meeting before the Planning Board. IV. Mr. Chris Budeski, Allied Engineering Services, Inc., representing Carl Vandermolen, discussed the reasoning for the one-lot minor subdivision with a remainder. The applicant's representative discussed the expected street improvements to Baxter Lane and preliminary plans for residential development of the subject property. V. The public meeting portion on the preliminary plat application was opened for public comment. After calling for public testimony three times and hearing none, the public meeting portion was closed. VI. After finding that the Preliminary Plat was properly submitted and reviewed under the procedures of the City of Bozeman Unified Development Ordinance, the Bozeman City Zaning Regulations, and the Bozeman 2020 Community Plan, the Planning Board reviewed and considered the facts against the criteria established in Title 76-3-608, M.C.A. I VANDERMOLEN MINOR SUBDIVISION - FINDINGS OF FACT AND ORDER 2 , . VII. The Planning Board found that with the attached conditions the minor subdivision would comply with the primary review criteria, and therefore voted 5-0 to forward a recommendation of conditional approval to the Bozeman City Commission in Planning Resolution No. P.04024 with said conditions recommended by the Planning Office. VIlI. The matter of preliminary plat review for the one-lot minor subdivision with a remainder, after notice given, was held before the City Commission on Monday, November 1, 2004. At the request ofthe applicant the public meeting on the matter was continued to Monday, November 15, 2004. IX. The matter was considered at a public meeting before the City Commission on Monday, November 15, 2004. The Planning Staff reviewed the project at that time and discussed the applicant's request for a one-lot minor subdivision with a remainder. The Planning Staff noted that the applicant has elected to proceed with this application as a one-lot minor subdivision for further development, and a remainder, such that said remaining parcel of Tract A is exempt from subdivision review. This will allow the applicant to develop Track A of Tract 2 and avoid subdivision review ofthe remainder at this time. Mr. Chris Budeski, Allied Engineering Services, Inc., representing Carl Vandermolen, stated that the applicant had no plans to develop the land at this time and will financially guarantee the improvements to Baxter Lane until such time as development plans are finalized. XI. The City Commission then considered the minutes, public record and recommendation of the Planning Board, the developer's testimony, and weighed the proposed subdivision against the primary criteria for subdivisions established in Title 76-3-608, and found as fallows: 76-3-608(3)(a): 1) EFFECTS ON AGRICULTURE: The subject site is currently used for livestock pasture and the restricted area of the parcel limits the ability to be a viable area for agricultural activity (i.e., 20 acres). I VANDERMOLEN MINOR SUBDIVISION - FINDINGS OF FACT AND ORDER 3 . 2) EFFECTS ON LOCAL SERVICES: The Development Review Committee has reviewed the preliminary plat application and concluded that adequate pubic services are available in the area to service the proposed minor subdivision and that with the recommended conditions of approval outlined in the staff report, any and all impacts that have been identified will have been mitigated. 3) EFFECTS ON NATURAL ENVIRONMENT No significant physical or topographical features have been identified with the preliminary plat with exception to the jurisdictional wetlands. Storm water runoff facilities will be addressed by the City Engineer's Office with development of newly created residential lot, if necessary, and the applicant has entered inta an agreement for a Noxious Weed Management Plan with the Gallatin County Weed Board. 4) EFFECTS ON WILDLIFE AND WILDLIFE HABITAT There is no evidence of wildlife and wildlife habitat due the urban development of the area. 5) EFFECTS ON PUBLIC HEALTH AND SAFETY The Bozeman Development Review Committee (D.R.C.) reviewed the Preliminary Plat application to create a ane-Iot minor subdivision, with a remainder; and as result, has determined that said impacts to the area's public health and safety identified with this subdivisian have been addressed with the recommended conditions of approval. Sanitary sewer and water services are available to the proposed subdivision and currently located in Baxter Lane. Improvements to Baxter Lane will be necessary with the filing ofthe final plat. 6) EFFECT ON AGRICULTURAL WATER USERS FACILITIES No irrigation ditches for downstream water facility users have been identified on the subject property. However, the final plat shall contain a notation that there will be no impact on downstream water user facilities with subdivision and development of the subject property. All subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, M.C.A., 1995 regardless of compliance with master plan status. As a result, the Planning Office has reviewed this applicatian against the listed criteria and further provides the fallowing summary review: 76-3-608.3.b.M.C.A. (i) - Compliance with survey requirements provided in Part 4 of the Montana Subdivision and Platting Act. The proposed minor subdivision with a remainder complies with the survey requirements in Part 4 of the Montana Subdivision and Platting Act and will be filed in the Gallatin County Clerk & Recorder's Office with Final Plat review and approval. (ii) - Compliance with 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 Unified Development Ordinance. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as a condition of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state I VANDERMOLEN MINOR SUBDIVISION - FINDINGS OF FACT AND ORDER 4 . . " - law. The following requirements are standards of the Bozeman Unified Development Ordinance and shall be addressed on the final plat: . That the final plat shall comply with Section 16.08.050 "Final Plat" and Chapter 18.12 "Subdivision Certificates" of the City of Bozeman Unified Development Ordinance, and shall conform to all requirements of the Uniform Standards for Final Subdivision Plats and including provisions for all appropriate certificates and language, certification from the City Engineer that as-built drawings for public improvements were received, and accompanied by all appropriate documents, including a Platting Certificate. Four mylar copies of the final plat must be submitted for final plat approval, along with two (2) digital copies of the final plat, on a double sided, high density 3 Y2-inch floppy disk; and five (5) paper prints. . That the applicant obtain Montana Department of Environmental Quality approval of the subdivision prior to final plat approval pursuant to Sections 16.16.101 through 16.16.805 A.R.M. . That the final plat contains the minimum twenty (20) foot wide utility easements on all side and rear property lines as required by the Subdivision Regulations. The requirement of utility easements in the side property lines may be waived when all local utility agencies and the Director of Public Service agree in writing that utilities can be installed in alternative utility easements other than that required by the City of Bozeman Unified Development Ordinance. . That the final plat identifies a 50-foot watercourse setback from both sides of West Catron Creek and any associated jurisdictional wetlands. . That the final plat contain the following language that is readily visible with bold lettering, at a minimum height of lI8-inch, placing future landowners of individual lots on notice of the presence of high groundwater in the area of the subdivision for review and approval by the Planning Office: "Due to relatively high ground water table within the areas of the subdivision, it is not recommended that residential dwellings or commercial structures with full or partial basements be constructed without first consulting a professional engineer licensed in the State of Montana and qualified in the certification of residential and commercial construction." . Prior to submitting an applicatian for final plat review of the minor subdivision the applicant must provide written documentation of having entering into a signed Memorandum of Understanding with the County Weed Control District. . No stormwater runoff swales and/or ditches shall be allowed in required yard setbacks unless installed underground in properly designed piping that is reviewed and approved by the City Engineer's Office and Planning Office prior to final plat approval. . That the applicant shall address provisions for boulevard street lighting with the development of said minor subdivision that will comply with Section 18.42.150 "Lighting" and that the developer of said lands will provide typical light fixture details that demanstrates a fixture that deflects light down and/or away from any adjoining residential district and shall not detract from driver visibility on adjacent streets. I VANDERMOLEN MINOR SUBDIVISION - FINDINGS OF FACT AND ORDER 5 . - - . That the final plat contain a notation stating that all downstream water user facilities will not be impacted by this subdivision and that it also be noted accordingly in the by-laws and protective covenants for the homeowners' association. . The subdivider shall ensure that all construction material and other debris are removed from the subdivision prior to final plat approval, or prior to release of said financial guarantee, if an Improvements Agreement is necessary with the final plat. . If the final plat for any phase of the subdivision is to be filed prior to installation, certification, and acceptance of all required improvements by the City of Bozeman, the developer shall enter in an Improvements Agreement with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval, and the developer shall supply the City of Bozeman with an acceptable method of security equal to one hundred fi fiy (150) percent of the estimated cost of the remaining improvements, unless a variance is l!ranted by the City Commission. . That the developer shall have three (3) years from the date of preliminary plat approval to complete the conditions of preliminary plat approval and apply for final plat approval for said minor subdivision. . That the applicant submits with the application for final plat review and approval of the Vandermolen Minor Subdivision, a written narrative stating how each of the conditions of preliminary plat approval has been satisfactorily addressed XII. After considering all matters of record presented at the public hearing and meeting, the City Commission found that the proposed preliminary plat for the one-lot minor with a remainder to divide 20.11:1: acres and create one (1) residential lot with a remainder, would comply with the requirements of the City of Bozeman Unified Development Ordinance and the Montana Subdivision and Platting Act if certain conditions were imposed. ORDER THEREFORE, IT IS HEREBY ORDERED, on a vote of 5 to 0, that the Preliminary Subdivision Plat to subdivide 20.11='= acres and create one (1) residential lot with a remainder, has been found to meet the primary criteria of the Montana Subdivision Platting Act, and is therefore approved, subject to the conditions listed below. The evidence as stated in the Findings of Fact, justifies the conditions imposed on the subdivision to ensure that the final plat complies with all applicable regulations, and all required criteria, that appropriate and safe vehicular and pedestrian circulation is provided, adequate infrastructure and public services are provided, and adequate public access, utility easements, and rights-of~way are provided. I VANDERMOLEN MINOR SUBDIVISION - FINDINGS OF FACT AND ORDER 6 L - - .. 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 this document by the City Commission, by following the procedures of Section 76-3-625, M.C.A. 1. Stormwater 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 alllats 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 elevatian 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 storm water ponds located within a park or apen 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 FSP for each lot. 2. 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 been conducted. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements. 3. All infrastructure improvements including I) water and sewer main extensions, and 2) public streets, curb/gutter, sidewalks fronting parks, open space, rear yard frantages 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 lat( 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. 4. The location of existing water and sewer mains shall be properly depicted. Proposed main extensions shall be noted as proposed. I VANDERMOLEN MINOR SUBDIVISION - FINDINGS OF FACT AND ORDER 7 --...----------- ~ - 5. The Montana Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Anny 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 FSP approval. 6. 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. 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 final plat. 8. A total of 50' of right of way shall be dedicated for Baxter Lane with this subdivision. This is one half of a minor arterial standard as shown in the Transportation Plan. 9. The southern half of Baxter Lane shall be improved to match the typical section constructed with phase I of Baxter Meadows (50' back of curb to back of curb) from the western boundary to the east as far as necessary to connect to existing full width improvements. This shall include an asphalt taper meeting AASHTO standards to the west to transition back to the existing road width. 10. Water and sewer mams shall be stubbed out from underneath the new road to provide service to the lot. 11. That the Bach Annexation and Zone Map Amendment shall be formally adopted by the City Commission oriar to submitting an application to the Planning Office for final plat review and approval. 12. As this is a minor subdivision consisting of one lot, with a remainder, and unless otherwise advised by the City Attorney's Office, the applicant shall provide evidence that all original tract(s) ofrecord of this property that are or through this subdivision will become remainder tract( s) of less than 160 acres were not created for purposes of transfer, and that no transfer or conveyance of said tracts will occur prior to filing af a subsequent subdivision plat or certificate of survey reviewed and approved by the City of Bozeman. The evidence shall be in a written form and filed and of recard 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. The tract(s) shall be legally described and the following statement shall be placed on the tract( s): "No instrument of transfer of this tract may be recorded prior to filing of a subdivision plat or certificate of survey reviewed and approved by the City of Bozeman." 13. The property owner shall provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Sills for the following: Street improvements including paving, curb/gutter, sidewalk and storm drainage facilities for the following streets: a. Baxter Lane b. North 27lh Avenue Signalization Improvements for the following intersections: a. Baxter Lane and North 2ih Avenue The documents filed shall specify that in the event an S.LD. is not utilized for the completion of these improvements, the developer agrees to participate in an alternating 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. I VANDERMOLEN MINOR SUBDIVISION - FINDINGS OF FACT AND ORDER 8 .,," .. - - 14. That prior to noticing said application for a public meeting before the City Commission the applicant shall provide the necessary wetland review information and summary review by the Wetlands Review Board as outlined in Chapter 18.56 "Bozeman Wetlands Regulations" of the Unified Development Ordinance. 15. That the applicant implement provisions for affordable housing as set forth in Sectian 18.42.180 "Provision of Affordable Hausing" and Section 18.16.030 "Lot Coverage and Floor Area" of the Unified Development Ordinance during site plan review of said site. At least ten (10) percent of the residential dwelling units proposed with development of the site shall be for affordable housing. The preliminary approval of this subdivision shall be effective for three (3) years from the date of Preliminary Plat approval, or November 15, 2007. At the end of this period the City Commission may, at the request of the subdivider, extend its approval for not more than the one (1) calendar year. However, preliminary approval may be extended for more than one (1) calendar if the developer enters into, and secures, an Improvements Agreement for the Subdivision. DATED this 22nd day of February ,2005. ATIEST: @i-ull.{ L~ Clerk of the Commission APPROVED AS TO FORM: - ,-{ , ou Timothy A. Cooper Acting City Attorney I VANDERMOLEN MINOR SUBDIVISION - FINDINGS OF FACT AND ORDER 9