HomeMy WebLinkAbout02- Odell's Minor Subdivision
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BEFORE THE BOZEMAN CITY COMMISSION
GALLATIN COUNTY, MONTANA
IN THE MA TIER OF THE APPLICATION OF LONNY FINDINGS
WALKER, REPRESENTED BY MARK CHANDLER, OF FACT
C&H ENGINEERING & SURVEYING, INC., FOR AND ORDER
PRELIMINARY APPROVAL OF ODELL'S MINOR
SUBDIVISION.
This matter came before the Bozeman City Commission on February 5, 2001, for review
and decision pursuant to the Montana Subdivision and Platting Act, Section 76-3-101 through
76-3-625, Montana Codes Annotated, and the Bozeman Area Subdivision Regulations, Bozeman
Area Master Plan, and Bozeman Zoning Ordinance. The applicant presented to the Commission
a proposed Preliminary Subdivision Plat for a three lot minor subdivision as submitted in its original
form on December 13, 2000, P-0045. 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
I.
On December 13, 2000, Lonny Walker represented by Mark Chandler ofC&H Engineering
and Surveying, Inc., submitted an application for approval to create Odell's Subdivision, a minor
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subdivision dividing 1.25 acres into three (3) lots. The property is located in the North Y2 of Section
2, TIS, R6E, PMM, City of Bozeman, Gallatin County, Montana. The subject property is zoned
M-l (Light Manufacturing District). Applicant has requested three variances from Section
16.16.080 (Improvement Standards) to allow North Rouse Avenue to be constructed to a 32 foot
width back-of-curb to edge of pavement; Section 16.14.130.A.2 (Watercourse Setback) to reduce
the required 100 setback along the East Gallatin River to the standard 35 foot watercourse setback;
and Section 16.14.120.E (Water Supply) to allow a street cut along North Rouse Avenue for water
main extension to the subject property.
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.
m.
Notice of the time and date of the public meeting and public hearing was posted at the site
and also sent to adjoining property owners on January 11,2001. 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 January
17, 2001. The Planning Board found that the application was properly submitted and reviewed
under the procedures of the Bozeman Area Subdivision Regulations and the Bozeman Area Zoning
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 and variances
and agreed to the conditions presented in the Staff Report.
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The Planning Board then opened the public hearing. There were two comments from the
general public regarding the subdivision, expressing acceptance of the project. Receiving no further
response, the Planning Board closed the public hearing.
The Planning Board discussed various items pertaining to right-of-way, trail corridors, and
100 foot watercourse setback from the East Gallatin River.
The Planning Board then voted on the three separate variances. The motion, to recommend
approval of the variances from Section 16.16.080 (Improvement Standards) and Section 16.14.120.E
(Water Supply), passed on a unanimous vote of 6 in favor and 0 in opposition. The motion, to
recommend approval of the variance from Section 16.14.130.A.2 (Watercourse Setback), passed
on a vote of 5 in favor and I in opposition. The motion, to recommend approval of the subdivision
with conditions as recommended by Staff, passed on a unanimous vote of 6 in favor and 0 in
opposition.
N.
The application was considered by the Bozeman City Commission at its regular meeting on
February 5, 2001, 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) PRIMARY REVIEW CRITERIA
1. Effects on Agriculture.
The subdivision of this property shall not have any adverse impact on agriculture due to its
most recent use as a small commercial site and vacant surrounding land.
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2. Effects on Agricultural Water User Facilities.
There are no agricultural water uses on the proposed subdivision. There are two detention
areas proposed with the minor subdivision. Design and specifications of these areas will be
reviewed at the time future development is desired.
3. Effects on Local Services.
Water/Sewer: Sewer services can be provided by connection to existing main lines located
to the west of the subject property in North Rouse Avenue. General capacity limitations for
water and sewer facilities are not anticipated by the Engineering Department staff as a result
of this minor subdivision. The design and approval of water and sewer facilities is addressed
in recommended conditions #9-# 11 and # 14.
PolicelFire: The installation of an additional fire hydrant shall be required of the applicant
as outlined in condition # 12.
Streets: Street improvements, including city standard sidewalks are addressed in
recommended conditions # 14 and # IS.
4. Effects on the Natural Environment.
Stormwater and drainage will be addressed through condition # 13. Applicant has entered
into an agreement for a Noxious Weed Management Plan with the Gallatin County Weed
Board.
5. Effects on Wildlife and Wild/{fe Habitat.
Due to its historically commercial and vacant use, the development of adjacent properties,
and its proximity to Griffin Drive and Rouse A venue, no significant adverse effects on
wildlife or their habitat have been identified on the property.
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6. Effects on Public Health and Safety.
Because the development will be serviced by municipal sewer, the threat of groundwater
degradation from onsite sewage disposal will be eliminated (condition #15).
B) COMPLIANCE WITH SURVEY REOUIREMENTS PROVIDED FOR IN PART 4 OF
THE MONT ANA SUBDMSION AND PLA TIlNG ACT. The subdivision complies or
will comply with survey requirements of the Act.
C) COMPLIANCE WITH TIlE BOZEMAN SUBDIVISION REGULATIONS.
The final plat will comply with the regulations.
D) COMPLIANCE WITH THE REQUIRED SUBDNISION REVIEW PROCESS.
The meeting before the 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 January 11, 2001. No notice in the newspaper
was required.
E) PROVISION OF EASEMENTS FOR THE LOCA nON AND INST ALLA nON 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 to the subdivision.
ORDER
After considering all matters of record presented at the public hearing, the City Commission
found that the proposed subdivision would comply with the Bozeman Area Master Plan and the
requirements of the Bozeman Area Subdivision Regulations, the Montana Subdivision and Platting
Act, and the Bozeman Zoning Ordinance, if certain conditions were imposed. The evidence, as
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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.
THEREFORE, IT IS HEREBY ORDERED that the Preliminary Subdivision Plat of Odell 's
Subdivision for Lonny Walker, be approved, subject to the following conditions:
GENERAL:
1. Applicant shall provide and install "No Parking" signs along the east side of North
Rouse A venue as a requirement of the subdivision. Details and locations of signs
shall be submitted as supplemental information with the final plat submittal.
2. The Final Plat shall conform to all requirements of the Bozeman Subdivision
Regulations and the Uniform Standards for Final Subdivision Plats, and shall be
accompanied by 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 two (2) signed c10thback (or equivalent) copies; two (2) signed
reproducible copies on a stable base polyester film (or equivalent); two (2) digital
copies on a double-sided, high density 3-1/2" floppy disk; and five (5) paper prints.
3. 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 request for the extension of the period to the
Planning Director for the City Commission's's consideration.
4. Final plat must show correctly all adjoining property owners in the proper locations.
5. Final plat must show an easement for shared access/parking between Lots 1 and 2.
6. Applicant must provide a certified drawing from a licensed surveyor in the state of
Montana, where the driveway location is proposed between Lots 1 and 2. This
drawing shall be submitted at time offinal plat submittal.
7. The existing shed on Lot 3 appears to cross the proposed lot line between Lots 2 and
3. The shed shall be moved prior to final plat approval or the lot line be adjusted so
that the shed is situated on only one lot and not located in the required 3 foot
sideyard setback.
8. The existing driveway for Lot 3 shall be shown on the final plat and may not be
located closer than five feet to any side property line, unless shared access with the
adjoining property is approved.
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Water:
9. Lot #3 must have a domestic water service installed from the City main in North
Rouse A venue, similar to Lots 1 and 2.
10. The water main extension will require engineered plans provided to the City for
review and approval. These plans shall be reviewed and approved by Department
of Environmental Quality (DEQ) and both DEQ and the City approvals must be
obtained prior to installation of infrastructure. DEQ approval must be submitted to
the Planning Department prior to final plat approval.
11. The proposed 6" water main should be sized to 8" per City of Bozeman standards.
Fire:
12. Applicant shall provide an additional fire hydrant at the northwest comer of Griffm
Drive and North Rouse Avenue. The location of the hydrant shall be shown on the
plans and specifications, with the location approved by the Fire Marshal, Water
Superintendent, and City Engineer prior to installation.
Engineering Conditions:
13. 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 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 sizing calculations and a storm water
maintenance plan.
Any storm water 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 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 final site plan 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
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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. Building permits
may be issued prior to paving the street if approved by the City Engineer.
15. All infrastructure improvements including 1) water and sewer main extensions and
all service stubs, and 2) public streets, curb/gutter, sidewalks, and related stonn
drainage infrastructure improvements shall be financially guaranteed or constructed
prior to Pinal Plat approval.
City standard residential sidewalks shall be constructed on all public street frontages
of a property at the time the street is constructed unless a variance is requested and
granted by the City Commission. If the requested variance is granted, the street
width shall be 32' from back of curb to edge of asphalt. The curb, gutter, and
sidewalk will only be required to be installed on the east side by this developer.
16. The location of existing water and sewer mains shall be properly depicted.
Proposed main extensions shall be noted as proposed.
17. Flood plain:
a) A Flood Plain Development Permit must be obtained from the City
Engineer for any construction activity within the 100 year floodplain.
b) The floodway and Zone AE floodplain shall be clearly depicted on the final
plat.
c) The storm drainage ponds shall not be allowed in the floodway.
18. 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.
19. The Right-of-Way dedication on Griffin Drive shall be 45' rather than 30' as shown
and shown as such on 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
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Commission, by following the procedures of Section 76-3-625, M.C.A. The preliminary 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.
DATED this 8th day of July ,2002.
BOZEMAN CITY COMMISSION
A TrEST: APPROVED AS TO FORM:
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Robin L. Sullivan
Clerk of the Commission
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