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HomeMy WebLinkAbout01- Don Jackson . . Jackson Minor Subdivision Findin s of Fact and Order #P-Oll8 BEFORE THE BOZEMAN CITY COMMISSION GALLA TIN COUNTY, MONT ANA IN THE MATTER OF THE APPLICATION OF DON FINDINGS JACKSON REPRESENTED BY C&H ENGINEERING & OF FACT SURVEYING, INC., FOR PRELIMINARY APPROVAL AND ORDER OF JACKSON MINOR SUBDIVISION. This matter came before the Bozeman City Commission on July 16, 2001, 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 for a two lot minor subdivision as submitted in its original form on May 30, 2001, P-0118. 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 1. On May 30,2001, Don Jackson represented by Mark Chandler ofC&H Engineering and Surveying, Inc., submitted an application for approval to create Jackson Subdivision, a minor subdivision dividing 0.34 acres into two (2) lots. The property is legally described as Lot 1, Block 4, Babcock and Davis Addition, City of Bozeman, Gallatin County, Montana. The subject property is zoned R-3-A (Residential Two Family, Medium Density District). ll. 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 Bozernan Planning Board. . . I Jackson Minor Subdivision Findings of Fact and Order #P-OI18 I III. Notice of the time and date of the public meeting and public hearing was posted at the site on June 8, 2001. Said notice also served to inform interested persons that materials were available [or review at the Bozeman Planning & Community Development Department. The City of Bozeman Planning Board considered the application at its regular meeting on July 3,2001. The Planning Board found that the application was properly submitted and reviewed under the procedures 0 fthe Ci ty 0 fBozeman Area S ubdi vision Regulations and the Ci ty of Bozeman Zoning Ordinance. Staffreviewed the staffreport and the evidence which justified the imposition of conditions. The applicant made a formal presentation in favor of the requested subdivision and agreed to the conditions presented in the Staff Report. The Planning Board then opened the public hearing. There were two members from the general public that spoke regarding the proposed subdivision. both expressed concern with the future development ofthe subdivided property. Receiving no further response, the Planning Board closed the public hearing. The City of Bozeman Planning Board then moved to recommend approval ofthe subdivision with conditions as recommended by Staff and passed on a unanimous vote of 6 in favor and 0 in opposition. IV. The application was considered by the Bozeman City Commission at its regular meeting on July 16, 2001, at which time the recommendation ofthe 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) PRINrARY REVIEW CRITERIA 1. Effects on Agriculture. The Master Plan has classified this property as Urban Residential Infill and the development -2- . . Jackson Minor Subdivision Findin s of Fact and Order #P-OI18 is consistent with the City's land use plan. The residential area does not support agriculture and therefore will not cause detriment to any agricultural land. 2. Effects on Agricultural Water User Facilities. There are no agricultural water uses on site or adjacent from the property. 3. Effects on Local Services. Water/Sewer: A water main extension from East Davis Street will be required to supply water to the site and there is an existing sewer main to connect to in Ida Avenue. Police/Fire: The property falls well within the City's emergency response boundary. Streets: The new lot will gain access from the unimproved Ida Avenue. Waivers of Right to Protest the Creation of Sills for future improvements to Ida A venue must be signed and recorded prior to Final Plat approval. Utilities: Appropriate easements will be obtained and noted on the final plat as required under Section 16.14.050 ofthe City of Bozeman Subdivision Regulations. 4. Effects on the Natural Environment. There are no known topographical or physical features (i.e., wetlands, streams, mature vegetation) that have been identified on the property. 5. Effects on Wildlife and Wildlife Habitat. The lot is currently developed with one multifamily residence. Dividing the lot will allow for another residence within an established neighborhood and will therefore have I ittlc effect on any potential wildlife/wildlife habitat. -3- .. , . . Jackson Minor Subdivision Findin s of Fact and Ordcr #P-OI18 6. Ejfeets on Public Health and Safety. Since the development will be serviced by municipal sewer, the threat of groundwater degradation from onsite sewage disposal should be eliminated. The public safety shall be served as per conditions, no building permits will be issued until infrastructure improvements have been completed and accepted. The subdivider will be required to obtain any pennits required by the Montana Department of Environmental Quality. B) COMPLIANCE WITH SURVEY REOUIREMENTS PROVIDED FOR TN 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 wi 11 comply wi th the regulations wi th the recommended conditions of approval outlined in the beginning of the staff report. D) 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. E) PROVISION OF EASEMENTS FOR THE LOCA nON AND INST ALLA TION 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 lot will provide adequate access to the potential development. 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 Bozeman Area Master Plan .4~ . . . . Jackson Minor Subdivision Findin s of Fact and Order #P-OlI8 and the requirements ofthe 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, jllstifies 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 ofJackson Subdivision for Don Jackson, be approved, subject to the following conditions: Conditions for Approval: 1. The property owner shall install a water main extension from the 6" water main in East Davis. 2. Sanitary sewer service shall be provided from the 6" main in Ida Avenue. The sewer stub will be installed to the property line at the owner's expense. Standard Conditions for Approval: 3. Prior to issuance of a building permit, water and sanitary sewer services must be available. 4. Plans and specifications and a detailed design report for the water main extensions, 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, 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. 5. The water main improvements shall be financially guaranteed or constructed prior to Final Plat approval. 6. The location of existing water and sewer mains shall be properly depicted. Proposed main extensions shall be noted proposed. 7. Applicant shall provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of S IDs for the following: a) Street improvements to include paving, curb and gutter, sidewalk and storn1 drainage improvements and any associated traffic signals for Ida A venue. Thedocull1ents filed shall specify that in the event an S.LD. is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. 8. The final plat shall conform to all requirements of the Bozeman Area 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 -5- . . . .. Jackson Minor Subdivision Findin s ofFaet and Order #P-Ol18 drawings for public improvements were received, a platting certificate, and all required and corrected certifieates. 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. 9. 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 Pimming Director for the City Commission's consideration. 10. 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 completion of all improvements in accordance with the Preliminary Plat submittal infoffi1ation 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. 11. The plans and specifications for the project infrastmcture must be adequately dimensioned and clearly indicate the extent of all improvements proposed. The plans must clearly show the location of and distinction between existing and proposed sewer/water mains, joint service trench detail, and easements, as well as nearby and proposed fire hydrants. All infrastmcture improvements required of the development including water and sewer main extensions, pub lie streets, sidewalks and related stonn drainage infrastmcture improvements shall be constmeted or financially guaranteed prior to final plat approval. No building permits will be issued prior to completion and City of Bozeman acceptance of said infrastmcture improvements. This City Commission order may be appealed by bringing an action in the Ei ghteenth 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 6th day of Auoust ,2001. BOZEMAN CITY COMMISSION By ~ f! fv1= Marcia B. Youngman, M yo ATTEST: (jJ:, ~ ~ Robin L. Sullivan Clerk of the Commission -6-