HomeMy WebLinkAbout05- Thinktank Design Group
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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).
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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:
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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
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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.
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(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.
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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.
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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:
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Robin L. Sullivan
Clerk of the Commission
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