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HomeMy WebLinkAbout02- Cape-France Minor Subdivision . . ,. I Capc~France Minor Subdivision Findings of Fact and Order #1'-02043 I BEFORE THE BOZEMAN CITY COMMISSION GALLATIN COUNTY, MONT ANA IN THE MATTER OF THE APPLICATION OF CAPE- FINDINGS FRANCE ENTERPRISES REPRESENTED BY OF FACT GASTON ENGINEERING & SURVEYING, FOR AND ORDER PRELIMINARY APPROVAL OF CAPE-FRANCE MINOR SUBDIVISION. This matter came before the Bozeman City Commission on November 18, 2002, 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 Subdivision Regulations, Adopted Growth Policy, and Bozeman Zoning Ordinance. The applicant presented to the Commission a proposed Preliminary Subdivision Plat for a two lot subsequent minor subdivision as submitted in its original form on September 27,2002, P-02043. 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 November 18, 2002, Cape-France Enterprises represented by Gaston Engineering and Surveying, submitted an application for approval to create Cape-France Minor Subdivision, a i . ICape-France Minor Subdivision Findings of Fact and Order #P-02009 I subsequent minor subdivision dividing 10.67 acres into two (2) lots. The property is legally described as Tract A-2, C.O.S. 1827, City of Bozeman, Gallatin County, Montana. The subject property is zoned B-2 (Community Business 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. III. Notice ofthe time and date ofthe public meeting and public hearing was posted at the site on October 11, 2002. Said notice also served to inform interested persons that materials were available for review at the Bozeman Planning & Community Development Department. The City of Bozeman Planning Board opened the public meeting on November 6,2002. The Planning Board found that the application was properly submitted and reviewed under the procedures ofthe City of Bozeman Subdivision Regulations and the City of Bozeman Zoning Ordinance. Staff reviewed the staff report and the evidence, which justified the imposition of conditions. The applicant made a formal presentation in favor ofthe requested subdivision and requested the modification of condition number eight. The Planning Board then opened the public hearing. No one from the general public spoke regarding the proposed subdivision, the Planning Board closed the public hearing. -2- . I Cape-France Minor Subdivision Findings of Fact and Order #P-02009 I The City of Bozeman Planning Board then moved to recommend approval ofthe subdivision with conditions as recommended by Staflwith the Planning Board's recommended modifications to condition one, five and eight and passed on a unanimous vote of 7 in favor and 0 in opposition. N. The application was considered by the Bozeman City Commission at its regular meeting on November 18, 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 the review criteria established by Statute, and found as follows: A) PRIMARY REVIEW CRITERIA 1. Effects on Agriculture. The property has been designated Community Commercial development due to its "center-based land use pattern" and are areas generally typified by significant transportation corridors. The commercial designation does not plan for agricultural use. 2. Effects on Agricultural Water User Facilities. Staff has recommended the installation of on-site wells for irrigation purposes only. No watercourses or irrigation channels exist on this tract of land. 3. Effects on Local Services. Water/Sewer: Staff has suggested a condition of approval that would require on-site wells for irrigation purposes. A 12" water main exists on the west side of the property and a 24" sewer line runs almost the full length ofthe property along the east property line. Police/Fire: The property falls within the City's emergency response boundary. Additional concerns regarding safety will be minimized with improvements to Valley Center Road. Streets: Primary access will be provided to the lots from Valley Center Road. The subdivision plat also depicts a public access easement that will run between lots to provide additional access options for both lots. -3- I Cape-France Minor Subdivision Findings of Fact and Order #P-02009 I Utilities: The standard condition of approval regarding the appropriate easements has been noted. A 12-foot front yard utility easement and a 20-foot rear yard and side yard easement, straddling the lot lines must be depicted on the final plat. Combined utility and water or sewer main easements are also permissible. 4. Effects on the Natural Environment. Surface run off will be directed into stonn water detention facilities that will be maintained by the property owner's association. As noted in the condition of approval, the storm water detention areas should be held in common since the ponds, which will be located on the north end of the property, will service both lots. 5. Effects on Wildlife and Wildlife Habitat. There should be minimal impact to wildlife since Catron Creek is located on the west side of Valley Center Road. 6. Effects on Public Health and Safety. The threat of groundwater degradation from onsite sewage disposal should be eliminated since municipal sewer will service the development. Remaining concerns regarding Valley Center Road are under discussion with Montana Department of Transportation and will be resolved prior to large-scale development of the area. B) COMPLIANCE WITH SURVEY REQUIREMENTS PROVIDED FOR IN PART 4 OF THE MONTANA SUBDIVISION AND PLATTING ACT. The subdivision complies or will comply with survey requirements of the Act. C) COMPLIANCE WITH THE BOZEMAN SUBDIVISION REGULATIONS. The final plat will comply with the regulations with the recommended conditions of approval outlined in the beginning of the staff report. D) COMPLIANCE WITH THE REQUIRED SUBDNISION REVIEW PROCESS. The Planning Board meeting and the City Commission hearing have been properly noticed, as required in the Subdivision Regulations. E) 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. F) PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEL. The new lots will gain adequate access from Valley Center Road. A public access casement connecting the two lots will also be provided to ensure adequate access for both lots. -4- , I Cape-France Minor Subdivision findings of Fact and Order #P-02009 I 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 and the requirements of the Bozeman Subdivision Regulations, the Montana Subdivision and Platting Act, and the Bozeman Zoning Ordinance, 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. THEREFORE, IT IS HEREBY ORDERED that the Preliminary Subdivision Plat of Cape- France Minor Subdivision for Cape-France Enterprises, be approved, subject to the following conditions: 1. In order to guarantee implementation of the Class I Entryway requirements, permanent irrigation wells (i.e., \vells), grass and street trees (at a planting rate of one tree for every 50 feet of linear street frontage) shall be installed within the boulevard adjacent to Valley Center road. An encroachment permit must be approved by Montana Department of Transportation for any improvements within the right of way. 2. A maintenance plan shall be provided in the Covenants that address the maintenance, upkeep and repair of the permanent irrigation system, streetscape, pedestrian trail/sidewalk corridor, snow removal areas and storm water facilities by the property owner's association. 3. Access to the lots shall be adjusted to reflect the agreed locations outlined in the Valley Center Access Plan from the Montana Department of Transportation (MDT). 4. Details for the 8-foot asphalt trail/pedestrian corridor to be constructed within the designated right of way for Valley Center Road shall be provided with the Final Plat. 5. The 50~foot Class I Entryway setbacks should shall not be identified on the Final Plat. 6. Per Section 16.14.050 "Easements", the rear and side yard utility easements shall be 20 feet wide, centered on the lot lines and the front yard utility easements shall be 12 feet -5- __ _____u_..____ . . !Capc.Francc Minor Subdivision Findings of Fact and Order #P-020U9 I wide. In the event front yard easements are used, rear yard easements must still be provided unless written confirmation is submitted to the Planning Department from ALL utility companies indicating that front yard easements only are adequate. The utility easement may be combined with the sewer or water line easement ifthe plat identifies thc easement as a "SewerlUtility Easement" or "Water LinelUtility Easement". 7. Cash in lieu of water rights, as calculated by the Director of Public Service, shall be paid with the Final Plat submittal. 8. All detention pond facilities shall be identified as "Common Areas" to be owned and maintained by the Property Owner's Association and noted accordingly on the Final Plat and in the Covenants. All storm water facilities shall be located outside of the Class I Entryway setbacks unless the following criteria are adequately addressed: a) not more than 1/3 of the Class I Entryway setbacks, exclusive of drive accesses, are used for the purposes of retention/detention ponds; b) location ofretention/detention ponds do not conflict with design requirements, landscape requirements or pathways: c) retention/detention ponds demonstrate superior design and treatment of storm water runoff, as well as excellence in integration with landscaping, and do not exceed a maximum slope of I :3: and d) groundcover for retention/detention ponds shall consist of native turf grass or groundcover certified by a licensed nursefYl'erson, not more than 30% of the area shall consist of non-organic groundcover. 9. Prior to final plat approval, 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 shall be provided to the Planning Department. 10. 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 reproducible copies on a stable base polyester film (or equivalent); two (2) digital copies on a double-sided, high density 3Y2-inch floppy disk; and five (5) paper prints. II. 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 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 -6- . . I Cape-France Minor Subdivision Findings of Fact and Order #P-02009 I Bozeman guaranteeing the completion 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 developer shall supply the City of Bozeman with an acceptable method of security equal to 150% of the cost of the remaining improvements. 13. 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. 14. Waivers of Right to Protest the creation of an SID shall be filed for improvements to Valley Center Road from North 27th to North 19th including signalization improvements to the intersection of 19th and Valley Center. hnprovements to Valley Center Road may be required with development on the individual lots if an SID has not been established for the improvements, or the improvements are not complete at that time. 15. Access permits shall be obtained from the Montana Department of Transportation for the access locations onto Valley Center Road prior to final plat approval. -7- . . , I Cape-France Minor Subdivision Findings of Fact and Order #P-02009 I 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 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 ofthis 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 16th day of December ,2002. BOZEMAN CITY COMMISSION By --1 ~-;t;;~ Steven R. Kirc , Mayor ~:ZJ~ Robin L. Sullivan Clerk of the Commission -8-