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HomeMy WebLinkAbout05- Thinktank Design Group . . 1:.~:I::~in~tI:i/li!i!tl.iyi:sion F'iridings'i!iflil'.I::::~nd:Grder <:;.i ~1l!+(ll4,(llj4 , ;~ BEFORE THE BOZEMAN CITY COMMISSION GALLATIN COUNTY, MONTANA IN THE MATTER OF THE APPLICATION OF STOCKYARD, FINDINGS LLC, PO BOX 4694, BOZEMAN MT 59772 AND TOM & SUSAN OF FACT VANDER VOS, 323 NORTH 23RD A VENUE, BOZEMAN MT AND ORDER 59718, REPRESENTED BY THINKTANK DESIGN GROUP, INC., PO BOX 4694, BOZEMAN MT 59772, FOR PRELIMINARY PLAT APPROVAL OF BRADY AVENUE MINOR SUBDIVISION. This matter came before the Bozeman City Commission on March 7, 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 of Bozeman Unified Development Ordinance, and dle City of Bozeman 2020 Community Plan. The applicant's representative presented to the Commission a proposed Preliminary Subdivision Plat for a four (4) lot minor subdivision as submitted in its original form on December 7, 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 December 7,2004, Stockyard, LLC, PO Box 4694, Bmeman MT 59772 and Tom & Susan Vander Vos, 323 Nordl 23rd A venue, Bozeman M'r 59718, represented by ThinkTank Design Group, Inc., PO Box 4694, Bozeman MT 59772, submitted an application for approval of a four (4) lot minor subdivision preliminary plat. The property is legally described Lot 20, Block 7, Babcock & Davis Addition and is located in Section 7, T2S, R6E, Bozeman, Gallatin County, Montana and is zoned R-2 (Residential Two-Household Medium Density District). . . Bil1t1MIM,i1ilpr..SuIJdivlSt,iiJiiJiiiiiliiiJii.ij'llgs of Faa.Illili'tI~der :,":'.:\:,),,:< "." .IM#iR;;(J4.Q(i2 II. The comments of the Development Review Committee, along widl 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. III. Notice of the time and date of the public meeting and public hearing was mailed to adjoining property owners and posted at dle site on February 11, 2005. Said notice was also printed in the newspaper on February 13,2005. Said notices served to inform interested persons dlat materials were available for review at the Bozeman Planning & Community Development Department. The City of Bozeman Planning Board opened dle public meeting on February 15,2005. 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. Several neighborhood residents and property owners commented on the need for street improvements and the desire to see the new lots develop as single~household residences. The Planning Board then closed the public meeting. The City of B07.eman Planning Board dlen moved to recommend approval of the subdivision with conditions as recommended by Staff, on a unanimous vote of 5 in favor and 0 in opposition. IV. The application was considered by dle Bozeman City Commission at its regular meeting on March 7, 2005, 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: -2- -------...--- Biady"Nfiii.~j:::::~'i.il:ld.tviStOri'0f'iindiQgs',:,iIl~,:'IiiaCl.and 'Qrder #pto4!o61 A. Effects on agriculture, agricultural water user facilides, local services, the natural environment, wildlife and the wildlife habitat, and public health and safety. 'rhe property is currently occupied by a legal non-confonning triplex with vacant useable land in the rear. The 2020 Plan calls out this property as "Residential" on the Future Land Use Map. Municipal water, sewer, roads and emergency services will be provided to the property. The subdivision must be designed 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 Platdng Act. The subdivision currently complies and will remain in compliance widl 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 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 relaxation of the lawful requirements of the B07;eman Municipal Code or state law. The following requirements are standards of the UnifIed Development Ordinance and shall be addressed on the final plat: (a) Conditional approval of the preliminary plat shall be in force for not more than one (1) calendar year, as stated in Section 18.0G.040.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. (b) The final plat submittal shall be in conformance with Section 18.06.060 "Pinal Plat Application" and Section 18.78.070 "Pinal Plat" and shall include four (4) signed mylars (or equivalent); two (2) digital copies on a double-sided, high density V/z-inch floppy disk or compact disk; and five (5) paper p.rints. (c) Section 18.42.060.B requires all utility easements to be noted on the Final Plat. (d) All improvements shall be subject to Chapter 1 H. 7 4, "Improvements and Guarantees." (e) Plans and specifications for any water, sewer and/ or storm sewer main extensions, and Public or Private Streets (including curb, gutter and sidewalks) prepared by a -3- ----------- . . !IB'ritl~:::::~j,jll:Or Subdi vision..F'iilldlngs't!f!:E!a!l:!,:.nd:C>rder #P~04062 Professional Engineer (FE) shall be provided to and approved by the City Engineer. Water and sewer plans shall also be approved by dle 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. Specific comments regarding the existing and proposed infrastructure shall be provided at that time. Construction shall not be initiated on dle public infrastructure improvements until the plans and specifications have been approved and a pre-construction conference has been conducted. No building permits will be issued prior to City acceptance of the infrastructure improvements. (f) The location of and distinction between existing and proposed sewer and water mains and all easements shall be dearly and accurately depicted on the plans and specifications, as well as all nearby fire hydrants and proposed fire hydrants. (g) Any easements needed for the water and sewer main extensions shall be a minim.um of 30 feet in width. While the final location of the water and sewer mains will be determined once the final street widths are approved, in no case shall the utility be less than 10 feet from the edge of the easement. All necessary easements shall be provided prior to final plat approval and shall be shown on the plat. Wherever water and/or sewer mains are not located under or accessed from improved streets, a 12-footwide all weather access drive shall be constructed above the utilities to provide necessary access. (h) Please provide details/typical sections for curb and bl1.ltter, sidewalk, drive approaches, and road sections. (i) Plans and Specifications for streets and storm drainage facilities, prepared and signed by a Professional Engineer (FE) 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 infrastructure 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. G) Project phasing shall be dearly defIned on dle infrastructure plans and specifications induding installation of infrastructure. (k) The location of mailboxes shall be coordinated with the City Engineering Department prior to their installation. (1) The developer shall make arrangements widl the City Engineer's office to provide addresses for all individual lots in the subdivision prior to filing of the final plat. -4- . ,. . BradyM:inbr::S:I!J'Iil~l:YlSlorr!ifi)j<Rding$!ill!f!iIiact and order ,::':':/i<;: i!lliP.;()4{)iIl2 (m) The Montana Department of Fish, Wildlife and Parks, NRCS, 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, ete.) shall be obtained prior to plan and specification approvaL (n) If construction activities related to the project result in the disturbance of more than 1 acre of nahltal ground, an erosion/sediment control plan may bc required. The Montana Department of Environmental Quality may need to be contactcd by the Applicant to determine if a Stormwater Discharge Permit is ncccssary. If a permit is required by the State, the Developer shall demonstratc to the City full permit compliance. 3. The local subdivision review procedure provided for in Part 6 of the Montana Subdivision and Platting Act. The Planning Board meeting and the City Commission hearing has been properly noticed, as required in the Unified Development Ordinance. C. The provision of easements for the location and installation of any planned utilities. All utilities and nccessary 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 instnrment of transfer concerning the parcel. The existing triplex lot will have direct access onto Ida A venue and the three new residential lots will have direct access onto the new hanunerhead on Brady Avenue. Both are or will be public streets. 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 Developmcnt Ordinance, and the Montana Subdivision and Platting Act, if certain conditions were imposed. Thc evidcnce, as stated or referenced in the Findings of Fact, justifies the imposition of the conditions ordcred herein to ensure that the fInal plat complies with all applicable regulations and all required criteria. -5- . . . . Brady MinorS\lbl:ll:vl~i()n'F'inUlig~i(i:!l~II1!(tpt and Order #P-04062 THEREFORE, IT IS HEREBY ORDERED that the Preliminary Subdivision Plat for Brady Avenue Minor Subdivision, Stockyard, LLC, PO Box 4694, Bozeman MT 59772 and Tom & Susan VanderVos, 323 North 23rdAvenue, B07;eman MT 59718, represented by ThinkTank Design Group, Ine., PO Box 4694, Bozeman MT 59772, to allow a four (4) lot minor subdivision be approved, subject to the following eight (8) conditions: 1. All future development will be subject to Certificate of Appropriateness review which may include conditions related to scale, setbacks, height, building desih'il, materials, etc. as noted in Section 18.28.050. 2. The Final Plat shall not denote setbacks or include any references to setbacks. 3. Regarding the existing triplex, Sections 18.42'(l30, 18.60.030.B, and 18.38.030 state that lots may not be further subdivided if any zoning non-conformities would be established; therefore, the following items need to be addressed: a. Adequate back-up maneuverability (26 feet) must be provided for all parking spaces in accordance with Section 18.46.020. b. Section 18.46Jl20.L requires sidewalks that serve as wheel-stops to be a minimum of five feet in width. e. One van accessible (meaning with an 8-foot aisle) disabled accessible parking space must be provided. 4. Please address the following items regarding the stonnwater master plan: a. Submit a map that clearly outlines the regions that will drain into the proposed drainage ponds on this site. b. The calculations provided within the stonnwater master plan identify a necessary storage of 121.48 cubic feet. Yet a pond sized 210 cubic feet is being proposed for the "South Sub-Basin". Please identify why such a large drainage pond is being proposed. c. Provide details identifying the depth and slopes of the proposed drainage ponds. d. The French drain inlets shown on the Site Plan will not be permitted. 5. Any existing water or sewer service lines that are located within the proposed minor subdivision must be abandoned to City of Bozeman standards and service must be restored to any affected properties. If all service lines running through the property have been previously abandoned, sufficient evidence must be provided to prove that the service lines have been abandoned. 6. Be advised that the water main extension shown does not need to extend more than 18 inches beyond the last service line ShIb at the end of Brady Avenue. -6- . .. .. . Bmdyi:f)lJ..nISrSiJll:ldivision Fim'llngll','\ijti'J1actand Order #P-04062 7. City standard sidewalk shall be installed and properly depicted at dle standard location (i.e., 1 foot off property line) along the street(s) frontage that does not already have sidewalk. It must be verified dlat the existing sidewalk on Brady Avenue is in the standard location. Any deviation to the standard alignment or location must be approved by the City Enbrineer. 8. Brady Street shall be upgraded to meet all minimum City standards for a local street. This City Commission order may be appealed by bringing an action in the Eighteenth District Court of Ci-allatin County, within 30 days after the adoption of these Pindings by the City Commission, by following the procedures of Section 76-3-625, MCA. The preliminary approval of this subdivision shall be effective for one year from the date of adoption of these Findings by the City Commission. At dle end of this period dle City Commission may, at the written request of the subdivider, extend its approval as provided for in the Bozeman Unified Development Ordinance. DATED this 18th day of Apri 1 ,2005. BOZ.' By: Andre ATTES'f: ~oI~ Robin L. Sullivan Clerk of the Commission -7-