HomeMy WebLinkAbout02- Home Depot Minor Subdivision
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IHome Depot Minor Subdivision Findings of FacllUld Order #P-02049 I
BKFORE THE BOZEMAN CITY COMMISSION
GALLATIN COUNTY, MONTANA
IN THE MATTER OF THE APPLICATION OF THE FINDINGS
HOME DEPOT U.S.A., REPRESENTED BY TAYLOR OF FACT
ENGINEERING, INC. FOR PRELIMINARY APPROVAL AND ORDER
OF HOME DEPOT MINOR SUBDIVISION
This matter came bcforc the Bozeman City Commission on December 9, 2002, for
review and decision pursuant to thc Montana Subdivision and Platting Act, Section 76-3-101
through 76-3.625, Montana Codcs Annotated, and the Bozeman Area Subdivision Regulations,
Bozeman 2020 Community Plan, and Bozeman Zoning Ordinance. The applicant presented to
the Commission a proposed Preliminary Subdivision Plat for a minor subdivision consisting of 4
lots as submitted in its original form on Octobcr 21, 2002, P-02049. Thc Commission hcld a
public hcaring 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 wcrc givcn
the oPPOltunity to do so, and therefore, being fully advised of all matters having comc before it
rcgarding this application, the Commission makcs thc following Findings of Fact, as requircd:
FINDINGS OF FACT
I.
On Octobcr 21,2002, The Home Depot, U.S.A., represented by Taylor Engineering, Inc.,
submitted an application for approval to creatc the Homc Depot Subdivision, a minor
subdivision dividing 52.5 acres into 4 lots zoned R-3 (Residential Medium Density District) and
M-1 (Light Manufacturing District). The applicant did request one variancc from the Subdivision
Regulations: 1) to allow future strect improvcmcnts to Tschache Lane (west of thc Homc Dcpot
sitc) to coincide with future development/subdivision of proposed Lot 4. The property is
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IHome Depot Minor Subdivision Findings of Fact and Order #P-02049 I
described as Lot 2 of CO.S. 2089, situated in the NE 1/4 of Section 2, T25, R5E, PMM, Gallatin
County, Montana.
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 Bozeman Planning Board.
III.
Notice of the time and date of the public meeting and public hearing was posted at the
site and also published in the Bozeman Daily Chronicle on November 17,2002. Said notice also
served to inform interested persons that materials were available for review at the Bozeman
Planning & Community Development Department.
The Bozeman Planning Board considered the application at its regular meeting on
December 3, 2002. The Planning Board found that the application was properly submitted and
reviewed LInder the procedures of the Bozeman Area Subdivision Regulations and the Bozeman
Area Zoning Ordinance. Staff reviewed the report and the evidence which justified the
imposition of conditions.
The applicant's representative made a formal presentation in favor of the requested
subdi vision and requested variance and agreed to the conditions presented in the Staff Report.
The Planning Board then opened the public hearing. Following call for public input and
receiving no response, the Planning Board closed the public hearing.
The Planning Board then voted on a motion regarding the subdivision. The motion, to
recommend approval of the subdivision with conditions as recommended by Staff and the one
requested variance, passed on a unanimous vote of 5 in favor and 0 in opposition.
IV.
The application was considered by the Bozeman City Commission at its regular meeting
on December 9, 2002, 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
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IHome Depot Minor Subdivision Findings of Fact and Order #P-02049 I
the review criteria established by Statute, and found as follows:
A) PRIMAR Y REVIEW CRITERIA
1. Effects on Agriculture.
The subject property is currently not uscd for any agricultural purposes. Thc Homc Dcpot
building is nearing completion on proposed Lot 1.
2. E'ffects on Agricultural Water User Facilities.
Catron Creek stream/ditch runs through thc property and borders the subject propet1y
towards the western side. The appropriate water rights or cash-in-Iieu will be required (condition
#6). The proposed lots are within the Stoneridge PlID which has an overall stOlIDwater master
plan to convey stormwater nOlth from Durston Road to just south of Baxter Lane. Condition #13
addresses stormwater issues.
3. Ef.fects on Local SenJices.
Watcr/Scwcr: Water/Sewer services can be provided by connection to existing main Jines
in Tschachc Lane and Oak Street. If the requested variance is granted, no building pelIDits shall
be issued on thc proposed Lot 4 until further improvements to Tschache Lane have been
installed and accepted by the City. The design and approval of water and sewer facilities is
addrcsscd in rccommended condition #14.
Streets: Street improvements, including city standard sidewalks are addressed in
recommended conditions #7 and #15. With this application, the applicant has requested a
variance to defer further strcct improvements to Tschache Lane, beyond the existing temporary
cul-de-sac, until time of future developmcnt of Lot 4.
4. Effects on the Natural Environment.
Stormwater and drainagc will bc addressed through condition # 13.
5. t..ffects on Wildlife and WildlU(~ Habitat.
Due to its historically agricultural use and the devclopmcnt of surrounding lands, no
significant adverse effects on wildlife or their habitat have becn idcntificd on the property.
Catron Creck stream/ditch will be buffered by the 35-foot watercourse setback.
The Home Depot projcct has made improvements to the not1h area of thc subjcct
property, inviting additional wildlife (i.e. watcrfowl) to thc area.
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IHome Depot Minor Subdivision Findings of Faet and Order #P-02049 I
6. Effects on Public Health and Safety.
Because development in the subdivision will be serviced by municipal sewer, the threat
of groundwater degradation from onsite sewage disposal will be eliminated (conditions #14 and
#15).
B) COMPLIANCE WITH SURVEY REQUIREMENTS PROVIDED FOR IN PART 4 OF
THE MONT ANA SUBDIVISION AND PLATTING ACT. The subdivision complies or
will comply with survey requircmcnts of thc Act.
C) COMPLIANCE WITH THE BOZEMAN SUBDIVISION REGULATIONS.
With conditions, thc final plat will comply with the regulations.
D) COMPLIANCE WITH THE REQUIRED SUBDIVISION REVIEW PROCESS.
The meeting before thc Planning Board and hearing before the City Commission have
been properly noticed, as required in the Subdivision Regulations. The notice was mailed to all
adjoining property owners by certified mail on November 14, 2002, and thc noticc was publishcd
in the Bozeman Daily Chronicle on November 17, 2002.
E) PROVISION OF EASEMENTS FOR THE LOCATION AND INSTALLATION OF
ANY PLANNED UTILITIES.
All utilities and necessary utility easements will be provided.
F) PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEL.
Legal and physical access to each parcel is provided from existing streets through the
subdivision.
ORDER
After considering all matters of record prcsentcd at the public heating, the City
Commission found that the proposed subdivision and requested variance would comply with the
Bozeman 2020 Community Plan and the requirements of the Bozeman Area Subdivision
Regulations, the Montana Subdivision and Platting Act, and the Bozeman Zoning Ordinance, if
certain conditions wcre 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.
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#P-02049
THEREFORE, IT IS HEREBY ORDERED that the Preliminary Subdivision Plat
of the Home Depot Subdivision for The Home Depot, U.S.A. Inc., be approved, subject to the
following conditions:
Planning: Subdivision Specific Conditions:
1. Thcrc shall be an 8-foot wide curvilinear asphalt pathway constructed along North
19th A venue within the 50-foot greenway corridor from Tschache Lane south to Oak
Street prior to filing of the final plat.
2. The Final Plat shall have contain a note that there is to be no building on Lot 4 until
improvcments to Tschache Lane to the west property line have been installed and
accepted by the City. The temporary cul-de-sac for the Home Depot project will be
the furthest extension wcst on Tschache Lanc improvements.
3. The Final Plat shall note Catron Creck as a stream/ditch.
4. There shall be a note on the plat indicating no direct access onto North 19th A venue
from either proposed Lots 2 or 3.
5. Pinal plat shall show any existing water and sewer lines and associated easemcnts.
6. Water rights, or cash-in-Iieu thereof, shall be provided and paid for prior to final plat
approval. If the Final Plat of the subdivision is filed in phases, water rights will only
be required for each phase as the Final Plat for that phase is filed. The amount of
water rights required will be determined by the Director of Public Service based on
the proposed Final Plat(s).
Engineering Subdivision Specific Conditions:
7. Tschache Lane shall be constructed to a city standard street from its currcnt end to the
western boundary of the subdivision unless a variancc is granted by the City
Commission. This shall include all required utility extensions within the right of
way.
The required right of way shall be granted with this subdivision. A rcstriction shall be
placed on the plat that prohibits any building permits from being issued on Lot 4 until
such time as thc street is constructed or the lot goes through further subdivision
revIew.
8. One half of the required 120' of right of way for Oak Street shall be dedicated with
this subdivision.
9. One half of the required I 00' of right of way for Baxter Lanc shall be dcdicatcd with
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IHomc Dcpot MinOT Subdivision Findings of Fact and Order #P-02049 I
this subdivision.
Planning Code Provisions:
10. The Final Plat shall conform to all requirements of the Bozeman Area Subdi vision
Regulations and the Uniform Standards for Final Subdivision Plats and shall be
accompanied by all required documents, including cettification from the City
Engineer that as-built drawings for public improvements were received, a platting
certificate, and all required and corrected celtificates. The Final Plat application shall
include two (2) signed c10thback (or equivalent) copies; two (2) signed reproducible
copies on a stable base polyestcr film (or equivalent); two (2) digital copies on a
double-sided, high density 3-1/2" floppy disk; and five (5) paper prints.
11. Conditional approval of the Preliminary Plat shall be in force for not more than three
calendar years, as provided by State statute. Prior to that expiration date, the
developer may submit a letter of rcquest for the extension of the period to the
Planning Dircctor for the City Commission's consideration.
12. If it is the developer's intent to file the plat prior to the completion of all required
improvements, an Improvements Agreement shall be entered into with the City of
Bozeman guaranteeing the complction of all improvements in accordance with the
Preliminary Plat submittal information and conditions of approval. If the Final Plat is
filed prior to the installation of all improvements, the developcr shall supply the City
of Bozeman with an acceptable method of security equal to 150% of the cost of thc
remaining improvements.
Engineering Standard Subdivision Conditions:
13. A Stormwater Master Plan for the subdivision for a system designcd to rcmovc
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 slzmg 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 gcnerated by the subdivision (e.g., general lot runoff,
public or private streets, common open space, parks, etc.) shall not be located on
cascmcnts within privately owned lots.
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IHome Depot Minor Subdivision Findings of Fact and Order #P-02049 I
While the runoff from the individual lots will bc dependent on the intensity of use on
each lot, the maximum sizing of the storm rctcntion 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.
14. 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.
IS. All infrastructure improvemcnts including I) water and sewer main cxtensions, and
2) public streets, curb/gutter, sidewalks fronting parks, open space, rear yard
frontagcs or other non-lot frontages, and related stOlm drainage infrastructure
improvements shall be financially guaranteed or constructed prior to Final Plat
approval.
City standard residential sidewalks shall be constructed on all public strcct frontages
of a property prior to occupancy of any structurc on thc property. Upon the third
anniversary of the plat recordation of any phase of the subdivision, any lot owncr
who has not constructed said sidewalk shall, without further notice, construct within
30 days said sidewalk for their lot(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.
16. The Montana 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, etc.) shall be
obtained prior to final plat approval.
17. The developer shall make atTangements with the City Engineer's office to provide
addresses for all individual lots in the subdivision prior to filing of the final plat.
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, M.C.A. The preliminary
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1!IOme Depot Minor Subdivision Findings of Fact and Order #P-02049 I
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
Subdivision Regulations.
DA TED this 3rd day of Feb ',2002.
BOZEMAN CITY COMMISSION
By A.~
Ste~en R. Kirh f, Mayor
G!lJ~
Robin L. Sullivan
Clerk of the Commission