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HomeMy WebLinkAbout05- Bridger Center Minor Subdivision . . . Bridger Center Minor Subdivision Findings of Fact and Order #P-05023 BEFORE THE BOZEMAN CITY COMMISSION GALLATIN COUNTY, MONTANA IN THE MATTER OF THE APPLICATION FOR B & K FINDINGS HOLDINGS, LLC, P.O. BOX 93, BOZEMAN, MONTANA, OF FACT 59771, FOR PRELIMINARY PLAT APPROVAL OF BRIDGER AND ORDER CENTER MINOR SUBDIVISION This matter came before the B07:eman City Conunission on July 5, 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 the City of Bozeman 2020 Community Plan. The applicant presented to the Commission a proposed Preliminary Subdivision Plat for a four (4) lot minor subdivision as submitted in its original form on May 6, 2005. 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 I"act, as requited: FINDINGS OF IiACT I. On May 6, 2005, B & K Holdings, LLC, P.O. Box 93, B07:eman MT 59771 submitted an application for approval of a four (4) lot minor subdivision preliminary plat. The property is legally described all of Block 2 in the southeast quartet of Section 31, 'n S, R6E, City of Bozeman, Gallatin County, Montana and is 7:cmed M-1 (Light Manufacturing 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. - -----...------- . . Bridger Center Minor Subdivision Findings of Fact and Order #P-05023 Ill. 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 June 17,2005. Said notice was also printed in the newspaper on June 19, 2005. Said notices served to inform interested persons that materials were available for review at the Bozeman Planning & Community Development Department. The City of Ho:zeman Planning Board opened the public meeting on June 21, 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, but debating the need for Condition Number 5. The Planning Board then opened the public meeting. No public conllnent was made. The Planning Board then closed the public meeting. The City of Bozeman Planning Board then moved to recommend approval of the subdivision with conditions as recommended by Staff, on a unanimous vote of G in favor and 0 in opposition. IV. 'rhe application was considered by the Bozeman City Commission at its regular meeting on July 5, 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: A. Effects on agriculture, agricultural water user facilities, local services, the natural environment, wildlife and the wildlife habitat, and public health and safety. The property is currently vacant with portions of it being used for outdoor storage. The 2020 Plan calls out this property as "Industrial" 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. Direct effects on agriculture, the environment, and wildlife are mininlal to non" eXIstent. -2- . . . Bridger Center Minor Subdivision Findings of Fact and Order #P-05023 B. Compliance with the following: 1. The survey requirements provided for in Part 4 of the Montana Subdivision and PIa tting 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 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 Bozeman Municipal Code or state law. The following requirements are standards of the Unified Development Ordinance and shall be addressed on the final plat: (a) The Final Plat must be in compliance with all requirements of Chapter 18.06 "Review Procedures for Subdivisions" including that the Final Plat must be submitted within one (1) year of City Commission approval. (b) Section 18.42.060.B requires all casements to be described, dimensioned and shown on the Pinal Plat in their true and correct location; therefore, the existing "roadway easement" in the northwest corner of Block 2 must be shown on the Final Plat or evidence provided that it has been properly abandoned prior to Final Plat approval. (c) Section 18.42.150.C.6 requires a street light at the intersection of Bridger Center Drive and Bridger Drive in accordance with Table 42-2. All subdivision lighting shall be operated and maintained through the creation of a new SILD (Special Improvements Lighting District), through the annexation to an existing SILD or through some other equivalent means approved by the City of Bozeman. The required street light must be installed or flllancially guaranteed prior to Final Plat approval as noted in Section 18.74.030.B.3. (d) All subdivision improvements ate subject to the requirements of Chapter 18.74. (e) The Final Plat must be in compliance with all requirements of Section 18.78.070 "llinal Plat," including, but not limited to the following item: 1. Section 18.78.070.C states that a Memorandum of Understanding shall be entered into by the Weed Control District and the subdivider for the control of county declared noxious weeds and a copy provided to the Planning Department prior to Final Plat approval. -3- , Bridger Center Minor Subdivision Findings of Fact and Order #P-05023 11. The final plat submittal shall include 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 stable base polyester f1lm (or equivalent); two (2) digital copies on a double-sided, high density 3 %-inch floppy disk or compact disk; and five (5) paper prints. 3. The local subdivision review procedure provided for in Part 6 of the Montana Subdivision and Platting Act. The meeting and hearing have 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 necessary utility easements will be provided and depicted on the final plat. Again, please note that the sewer casement along the east potion of Block 2 may not have any utilities (other than the sewer main) due to its substandard width. Easements for other utilities must be included on the Final Plat. As noted in the code provision, Section 18.42.0GO.B of the UDO requires all easements to be described, dimensioned and shown on the Final Plat in their true and correct location; therefore, the existing "roadway easement" in the northwest comer of Block 2 must be shown on the l-'inal Plat or evidence provided that it has been properly abandoned prior to Final Plat approval. 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 instrument of transfer concerning the parceL All the proposed lots have frontage on at least one public street. The applicant has included 30- foot common access and parking easements between the proposed lots to facilitate shared access and parking for future development. ORDER After considering all matters of record presented at the public hearing, the B07:eman 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. -4- . L . Bridger Center Minor Subdivision Findings of Fact and Order #P-05023 THEREFORE, IT IS HEREBY ORDERED that the Preliminary Subdivision Plat for B & K Holdings, LLC:, to allow a four (4) lot minor subdivision be approved, subject to the following eleven (11) conditions: 1. Future development on these lots shall be subject to appropriate development review. 2. A public sanitary sewer easement shall be flied on top of the existing private sanitary sewer easement bordering the east side of the proposed subdivision. The easement shall be 20 feet wide, with only no other utilities in the easement. In no case shall the utility be less than 10 feet from edge of easement. 3. Sewer and water services shall be shown on the FSP and approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant. 4. The location of and distinction between existing and proposed sewer and water mains and all easements shall be clearly and accurately depicted on the plans and specifications, as well as all nearby fire hydrants and proposed fire hydrants. 5. City standard sidewalk shall be installed and properly depicted at the standard location (i.e., 1 foot off property line) along the street(s) frontage. Any deviation to the standard alignment or . - location must be approved by the City Engineer. 6. The location of mailboxes shall be coordinated with the City Engineering Department prior to their installation. 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. The Montana Department of Fish, Wildlife and Parks, SCS, 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. 9. Project phasing shall be clearly defined on the infrastructure plans and specifications including installation of infrastructnre. 10. If construction activities related to the project result in the disturbance of more than 1 acre of natural ground, an erosion/ sediment control plan may be required. The Montana Department of Environmental Quality may need to be contacted by the Applicant to determine if a Stormwater Discharge Permit is necessary. If a permit is required by the State, the Developer shall demonstrate to the City full permit compliance. -5- . .. - Bridger Center Minor Subdivision Findings of Fact and Order #P-OS023 11. If it has not already been flied the applicant shall provide and f.tle with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of SID's for the following: the signalization of the intersection of Rouse Avenue and Griffin Drive. 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 tills subdivision shall be effective for one year ftom the date of adoption of these Findings by the City Commission. At the end of this period the City Corrunission 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 July ,2005. BOZEM CITY COMMISSION By: Andrew Cetraro, Mayor ArrEST: APPROVED AS TO FORlY[: @:J~ Robin L. Sullivan Clerk of the Conunission -6- ------------