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Home My WebLink About00- C&H Engineering and Surveying .......""".......""""" .. """"""""""""""""" "." ...........""""""""" ."""".' """.".......". AfuAA4m.nat6ftots)~;~j@k:.p,..Rouse.Additi()11;Tracts.A&BBtc()S#C.23-A9;.Tract.3..6t............ .cO$#.iQ66'll11dalock31Ntll'thent'PacificAdditi(lrt. . . BEFORE THE BOZEMAN CITY COMMISSION GALLA TIN COUNTY, MONTANA IN THE MATTER OF THE APPLICATION OF C&H FINDINGS ENGINEERING & SURVEYING FOR PRELIMINARY OF FACT PLA T APPROVAL OF AMENDED PLAT OF LOTS 1&2, BLOCK AND ORDER D, ROUSE ADDITION; TRACTS A&B OF COS# C-23-A9; TRACT 3 OF COS #2066; AND BLOCK 31 NORTHERN PACIFIC ADDITION ON BEHALF OF DELANEY & COMPANY, INC., AND TOM AND TAMARRA COX This matter came before the Bozeman City Commission on August 7,2000, for review and decision pursuant to the Montana Subdivision and Platting Act, Section 76-3 -1 0 1 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 to aggregate lots and relocate a common boundary resulting in a two lot minor subdivision for commercial development as submitted in its original form on June 8, 2000, along with the required supplementary plans and information, #P-0026. The Commission held a public hearing on the preliminary plat and considered all relevant evidence relating to the public health, safety, and welfare, including a partial waiver ofthe summary of probable impact requirements of the environmental assessment and 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: .,."""."""",."" ' """"""""".,... .", , """""""""'"'' "" ,. """,..,. .Atnen4mPlat.oftotll...l~..~1@~.J)'..R.ouse#dditi()n;.'I'racts. A&B.otc()S#Q~~~.A?;..Iract.3..of...... COSlliM6;anciBlock31Notthernl"lleificAdditioll .. .... FINDINGS OF FACT I. On June 8, 2000, C & H Engineering & Surveying submitted an application for approval to create said amended plat, a subsequent subdivision aggregating 12 lots and relocating a common boundary, resulting in two lots on 1.89 acres on property owned by Delaney & Company, Inc. and Tom and Tamarra Cox, situated in the NE1f. of Section 7, T.2S, R.5E, PMM, City of Bozeman, Gallatin County, Montana. The subject property is in the corporate city limits and is zoned "B-2" (Community Business). All lots in the subdivision are for commercial purposes and other uses as allowed by the applicable zoning regulations. The applicant requested waivers from the Environmental Assessment and Community Impact Statement requirements, which call for a Summary of Probably Impacts for subsequent subdivisions. The applicant did not request variances from the regulations. II. The Development Review Committee expressed concern regarding any potential manmade hazards on the subject property, and therefore recommended all elements of the Summary of Probable Impacts be waived with the exception of soils and water sample studies to verifY whether said hazards exist on the site. 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 July 2,2000. Said notice also served to inform interested persons that materials were available for review at the Bozeman Planning & Community Development Department. . . .,...., """"",..........",....""""" ,.,',',',',.,',","'..."..'.'.'.'" ,. .A#ibllded.nat.oft()~..1.t2..Bl()ck.I), RpUlle.Aijdi&on;.'I'MCtllA&J3..ofG.()$#1J43-M;.Trllct 3 CQS#2066'andal@k31NorthemPilCificAddition .. . The Bozeman Planning Board considered the application at its regular meeting on July 18, 2000. 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 staffreport and the evidence which justified the imposition of conditions, noting especially condition #4 which requires right-of-way vacation requests for Ida Avenue and the east- west alley through Lot 2 to be adopted prior to final plat approval. Staff reviewed information provided by the applicant regarding recent soil and water sample studies provided to the Montana Department of Environmental Quality for review and approval. One of the applicants made a presentation in favor ofthe requested subdivision, agreed to the six recommended conditions of approval, and noted that a letter from the Montana Department of Environmental Quality closing the site for investigation and recommending no further mitigation of existing contaminants on site will be provided prior to the City Commission hearing. The Planning Board then opened the public hearing. No members of the public offered comment on the proposed subdivision. Following call for additional public input and receiving no response the Planning Board closed the public hearing. The Planning Board considered the request by the applicant for a partial waiver to Summary of Probable Impacts requirement, and found the waiver should be granted as the subdivision complies with the master plan and the property is located within a developed commercial area of the city limits where most of the criteria do not apply. 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, passed on a unanimous vote of 7 in favor and 0 in opposition. . . ..""".",.,. .."."""""','" ' ""..",."., """""""""""""'" " .",.,.",..."""""""""""" "",',',,"',..... Afuend@iPlat()f'I.otsl@.8J@kD.R()UseA.ddition;1'factllA&B()f'CQ$#c;43-A?;Ttact3Bf .. . #p-OO:26 COS#2066;ami131ock31N6rlhetnPacificAddition . IV. The application was considered by the Bozeman City Commission at its regular hearing on August 7,2000, at which timethe recommendation of the Planning Board and information compiled by City staffwas reviewed by the Planning & Community Development Department Staff V. The application was considered by the Bozeman City Commission and weighed against the review criteria established by Statute, and found as follows: Section 76-3~608(a) PRIMARY REVIEW CRITERIA Effects on Local Services - City water and sewer services are available to the property. The Water/Sewer Superintendent has noted that Lot 1 is stubbed with a 3/4" domestic water service from Mendenhall and Lot 2 is stubbed with a 3/4" domestic water service from Main Street. Both lots will require a sanitary sewer stub. The stub for Lot 1 can connect from the 6" sewer main in Mendenhall and the stub for Lot 2 can be installed from the 8" sewer main in Broadway. Both sewer stubs will be installed by the City of Bozeman Water/Sewer Department subsequent to the completion of an application and payment offees at the Building Division. Effects on Public Health and Safety - In response to the DRC' s concerns expressed regarding potential man-made hazards on the property, the applicant has provided a Sampling Report of soil and groundwater testing which is attached as part of the submittal materials. The report summarizes findings of samples taken from the property and recommends to the Montana Department of Environmental Quality that the site be considered for closure (i.e. not be considered a potential hazard site). The report identifies the existence of naphthalene which appears to be in a relatively small area, and based upon water samples, has not impacted groundwater at the site. The report concludes: "No threat to human health or the environment arising from the documented soil contamination has been identified; therefore, we recommend that this side be considered for closure." The term closure refers to the closure of the file on the site. The subject report underwent peer review by the Department of Environmental Quality (DEQ). The review was completed on July 17, 2000, and a written response forwarded to the applicant which relayed DEQ's decision that no further corrective action is required on the site, and the limited relase of contaminated soil appears to post little or no threat to human health and welfare or the environment, and that the file will be released or closed. Section 76-3~608.b. (i) COMPLIANCE WITH SURVEY REQUIREMENTS PROVIDED FOR IN PART 4 OF THE MONTANA SUBDIVISION AND PLATTING ACT. The minor subdivision complies or will comply with survey requirements of the Act with the recommended conditions, and will be filed in the Gallatin County Clerk & Recorder's Office with Final Plat review and approval by the City Commission. - . ~11df4P~@l:lft@l1.t7;BlciCkprR~AmutigtltractsAlta()tQQs#C-23-A9;'till#t~~f #p..()()1~ CO$#2(l66<ll11dalOck31Northern'PactflcAdditiM< .. .................. 76-3-608.3.b.(ii) COMPLIANCE WITH THE BOZEMAN SUBDIVISION REGULATIONS. With conditions, the final plat will comply with the regulations. 76-3-608.3.b.(iii) COMPLIANCE WITH THE REOUIRED SUBDIVISION 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, and the notice was published in the Bozeman Daily Chronicle on July 2, 2000. 76-3-608.3.c PROVISION OF EASEMENTS FOR THE LOCA nON AND INST ALLA nON OF ANY PLANNED UTILITIES. No infrastructure improvements are proposed. With future development of the property, all utilities and any necessary easements will be provided. Easements exist for the existing railroad tracks. 76.3-608.3.d PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEL. Legal and physical access to Lot 1 is provided from Mendenhall Street. Access to Lot 2 can be provided from Broadway A venue or Main Street. The actual location of drive approach( es) will be considered by the DRC during the major site plan review of the proposal for Lot 2. ORDER After considering aU 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 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 Amended Plat of Lots 1&2, Block D, Rouse Addition; Tracts A&B ofCOS#C-23-A9; Tract 3 of COS#2066; and Block 31 Northern Pacific Addition for Delaney & Company, Inc., and Tom and Tamarra Cox be approved, subject to the following conditions: 1. The preliminary plat submittal must be in conformance with the Bozeman Interim Subdivision Regulations 16.08.050, "Final Plat", and 16.10.070., "Final Plat Application"; and must include a platting certificate prepared by a Montana title company. ~- .. . . . .."""" """"",........,.,.,...""" """ ,,"',",""'..."""""""""""" ,'.,',',.,',".",',','.'" " .",. Afu~.Plat.()fLo~..)@;.~lock.])'.R.oUSt\#44jti()ij;.Iracts.A&B ofc:Q$#1J@3-A?{Tract.3 OQ$#Z066;aridJ31&k31N<ltthetriPaciticAdditi<lti> . .. .. . 2. All certificates will need to conform with Chapter 16.32 of the Bozeman Interim Subdivision Regulations. 3. Per Sections 16.14.140, "Noxious Weeds", and 16.08.040, "Preliminary Plat Supplements", the subdivider shall enter into a Memorandum of Understanding with the Gallatin County Weed District. The Memorandum of Understanding shall be signed by the District and the subdivider prior to final plat approval, a copy of the signed document submitted to the Planning Department with the application for final plat approval. 4. Both the Ida Avenue right-of-way and the east-west alley through Lot 2 must be vacated through a Commission Ordinance prior to final plat approval. 5. The title block must be changed to eliminate "777 East Main Street Minor Subdivision No. _". The corrected title block should state "Amended Plat of ....(legal description)". 6. Right-of-way dedications shall be clearly identified on the plat, and the property encumbered by a street right-of-way easement at the northeast corner of Lot 1 shall be dedicated as right- of-way. 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 1 year 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 6th day of November 2000. BOZEMAN CITY COMMISSION By ~()~ Marcia B. Young n, ayor ATTEST: APPROVED AS TO FORM: ~J~ Robin L. Sullivan Clerk of the Commission