HomeMy WebLinkAbout98- Harold and Winona Vander Molen, John Kamp and Danny Kamp
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Kamp Minor Subdivision Preliminary Plat
BEFORE THE BOZEMAN CITY COMMISSION
CITY OF BOZEMAN, MONT ANA
IN THE MATTER OF THE APPLICATION OF
HAROLD AND WINONA V ANDER MOLEN, FINDINGS OF FACT
JOHN I(J\MP, AND DANNY KAMP FOR
PRELIMINARY SUBDIVISION PLAT APPROVAL AND ORDER
Of" TIlE IG-\.MP MINOR SUBDIVISION
PURSUANT to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-
614, Montana Codes Annotated, and the Bozeman Area Subdivision Regulations, the Bozeman City
Commission reviewed the proposed Prcliminary Subdivision Plat for the Kamp Minor Subdivision
to divide a 7.0381 acre tract into Eve lots for commercial uses, as submitted by the applicant,
together with the required supplementary plans and information, to determine if the information
submitted meets the requircments of the Bozeman Area Subdivision Regulations and the Montana
Subdivision and Platting Act, and in addition, to consider the recommendation of the Bozem"n
City-County Planning Board concerning the application.
It appeared to the City Commission that all parties and the public wishing to appear and
comment before the Bo%eman City-County Planning Board were given thc opportunity to do so,
and as the City Commission was fully advised of all matters having come bet(xe it regarding this
application, makes the following Findings of Fact, as required:
FINDINGS OF FACT
l.
The application for the Kamp Minor Subdivision was made on Febmary 11, 1998. The
application will divide a 7.0381 acrc tract into five lots for commercial uses. Lot 1 will be 2.251
acres in size, Lot 2 will be 1.0010 acres in size, Lot 3 will be 1.0010 acres in size, Lot 4 will be 1.0999
acres, and finally Lot 5 will be 1.1971 acres in size. All of the proposcd lots are currently vacant.
IT.
After tlnding the application was properly submitted and reviewed under the proccdures of
the Bozeman Area Subdivision Regulations, a meeting was scheduled before the Bozeman City-
County Planning Board t()t Tuesday, March 3, 1998 and before the Bozeman City Commission on
Monday, March 16,1998. Notice of the City Commission agenda was published in the Bozeman
Daily Chronicle on Sunday, March 15, 1998.
III.
The application was considered by the Bozeman City-County Planning Board on the
consent agenda of thcir regular meeting on March 3, 1998. The Staff Memorandum to the Board
Findings of Fact and Order Page 1
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Kamp Minor Subdivision Preliminary Plat
advised the Board that several conditions of approval had been identified, and additional conditions
of approval were likely once review agencies had completed their review. Thc applicant was not
present. No member of the public nor of the Board requested that the application be pulled from
the Consent Agcnda for discussion.
After finding that the application complied with thc required criteria established in Title 76-
3-608, M.c'A. for the review of preliminary subdivision plats, the Board, on a vote of 9-0,
fonvarded the application to the Bm:eman City Commission with a recommendation of conditional
approval.
IV.
The application was considered by the Bozeman City Commission at their regular meeting
on March 16, 1998. Staff informed the Commission that the applicant had provided some
clarification regarding the temporary cul-de-sac since the Planning Board meeting, and wanted to
amcnd condition #4 in Planning Board Resolution #P-9708. It is the applicant's intention to install
a permanent, dead-end cul-de-sac which would not requirc thc dedication of land to extend
IIospitality Way to the adjacent property to the east. 'Therefore, the first sentencc of condition #4,
and the second word (tcmporary) of the second sentence in condition #4, should be removed. Thc
applicant's representatIve advised the Commission that they agreed with the conditions
recommended in the Staff Report. The applicant also commented briefly on the wetlands sihution
on the site, and indicated that he has applied for a Section 404 permit from the Army Corps of
Eng-ineers. As this subdivision is proposed in an arca where a Master Plan has been adopted, and
the proposed subdivision complies with the adopted Master Plan, the subdivision is exempt from
the primary review criteria listed in Section 76-3-608(3a), MeA, 1995. The Commission weighed the
proposed subdivision against the applicable review criteria established by Statute, and found as
follows:
A. COMPLIANCE WITH SURVEY REQUIREMENTS PROVIDED FOR IN PART 4
OF THE MONTANA SUBDIVISION AND PLATTING ACT.
The plat complies with the survcy requirements.
B. COMPLIANCE WITH BOZEMAN AREA SUBDIVISION REGULATIONS.
With conditions and requirements, the subdivision will comply with the Bo~eman Area
Subdivision Regulations. As with all Final Plats, a Platting Certificate must be submitted
with the Final Plat. Two cloth back (or an acceptable equivalent), two mylar and one digital
copy of the Final Plat must be provided with the Pinal Plat Application.
C. COMPLIANCE WITH THE REQUIRED SUBDIVISION REVIEW PROCEDURES.
The application complies with the subdivision review procedures.
Findings of Fact and Order Page 2
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Kamp Minor Subdivision Preliminary Plat
D. PROVISION OF EASEMENTS FOR THE lOCATION AND INSTAllATION OF
ANY PLANNED UTILITIES.
All new utilities must be installed underground. Utility easements, a minimum of t\venty
(20) feet wide, are proposed to be ccntered along side and rear lot lines and will be shown
on thc Final Plat. All easements along public rights-of-way must be at least twelve (12) feet
wide, and shown as such on the Pinal Plat. The Final Plat shall show a 30 foot wide
casement for any main extensions located outside of dedicated rights-of-way. An eascment
must be provided for the new proposed sewer main between Lots 3 and 4. Finally,
wherever sanitary sewer manholes are located outside of pavement, temporary access
acceptable to the Watcr /Scwcr Superintendent shall be provided.
E. PROVISION OF lEGAL AND PHYSICAL ACCESS TO EACH PARCEL.
Legal and physical access will be provided to each parcel with the construction of
Hospitality Way. The developer must submit proof of Encroachment Permits from the
State Department of Transportation to the City Engineer's OHice. A one-foot no access
strip shall be provided between Lot 1 and Highway 10, and between Lot 4 and Highway In.
V.
After considering all matters of record presented at the public hearing and meeting, thc
Commission found that the proposed preliminary plat for the Kamp Minor Subdivision would
comply with the requirements of the Bozcman Area Subdivision Regulations and the Montana
Subdivision and Platting Act. 'The ev.idence that justifies thc conditions found necessary for this
subdivision the project is to ensure that the final plat complies with all regulations, that the
proposed new street and cui-de-sac are properly dedicated, designed, and signed, that the necessary
permits are obtained from state and federal agencies, that infrastructure and easements are properly
shown, that PUEs arc in thc correct location and are the correct size, and that the presence of high
water tables on the sitc is noted on the plat.
ORDER
THL':REFORE, IT IS HEREBY ORDERED, on a vote of 5-0, that the subject subdivision
be approved, subject to the conditions listed below. This City Commission order may be appealed
by bringing an action in the Eighteenth District Court of Callatin County, within 30 days after the
adoption of this document by the City Commission, by following the procedures of Section 76-3-
625, M.C.A.
1. The final subdivision plat shall conform to all requirements of the Bozcman Area Subdivision
Ret-,'1Jlations and the Uniform Standards for Pinal Subdivision Plats, and be accompanied by all
appropriate documents, including covenants, certification by thc State Department of
Environmental Quality approving the plans and spccifications for water or sanitary facilities,
certification from the City's Engineer certifying that as-built drawings for public improvements
were received, a platting certificate, and all required and corrected certiticates. Two c\othback
(or equivalent) and mylar (or equivalent) copies of the final plat must be submitted for final plat
approval, along with a digital copy of the final plat, on a double sided, high-dcnsity 3-1/2 inch
floppy disk.
2, The final plat shall reHect the correct zoning designation of the subdivision.
Findings of Fact and Order Page 3
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Kamp Minor Subdivision Preliminary Plat
3. 'fhe Area 'fabulation on thc Final Plat shall read as "] _ot 5" instcad of "Lot 3", as shown on the
Preliminary Plat.
4. The cul-de-sac shall be located within an easement on Lots 3, 4 and 5, and should be located to
ensure the most viable usable area of the lots as possible. The final location of the cuI-de-sac
shall be approved by the City Engineer during plan and specification review. The right-of-way
neccssary for thc cuI-de-sac shall be dedicated with thc Final Plat and shall be 100 feet in
diameter. The cuI-dc-sac itself shall be paved to 70 feet in diamctcr. The cuI-de-sac shall be
signed with "No Parking" signs.
s. Ilospitality Way shall be constructed to a full City standard, i.e., 37 feet from back of curb to
back of curb with standard boulevard and sidewalk on both sides. Plans and specifications for
the public street including curb, b'1ltter and sidewalk and related storm drainage infrastructure
improvements, prepared by a Professional Engineer (P.E.) registered in the state of Montana
shall be providcd to and approved by City Engineer. The applicant shall also provide
Professional cngincering services for construction inspection, post-construction certification
and preparation of mylar record drawings. Construction shall not be initiated on thc public
street until the plans and specifications have been approved by the City I':nginccr and a pre-
construction confercnce has bccn conducted.
No building permits shall be issued prior to substantial completion and City acceptance
of the required infrastructure improvements.
6. The proper dedication certitlcate shall be included on the Pinal Plat.
7. The dcvcloper shall obtain a permit for the proposed access onto Highway 10, and a copy of
the permit shall be provided to the City Engineer's Office. If this access has been already been
approved by MDOT, the developer shall providc proof of this encroachment permission to the
City Engineer's Office prior to installation of the new strect.
8. The Pinal Plat, shall provide 20 foot wide public utility easements (p.U.E) located along side
and/ or rear lot lines. PUEs located along dedicated rights-of-way shall be 12 feet wide, Before
the Pinal Plat is approved, the developer shall obtain written approval from all utility companies
stating that thc locations, and the si%c, of all PUEs is acceptable if the PUEs are not in the
standard location or are not the standard si%e.
9. The developer shall obtain an encroachment permit from MDOT for the placement of any
utilities or infrastructure in the Highway 10 right-of-way prior to placement of these in the
right-of-way.
10. Prior to Final Plat approval, street and stop signs shall be placed at all intersections as part of
thc required improvements. The street signs shall conform with the standards outlincd in the
Bozeman Area Subdivision Regulations.
11. Prior to commencement of any work on the site, the developer shall provide the Planning
Office with a copy of a Section 404 permit, or written notification that a 404 permit is not
needed, from the U.S. Army Corps of L':ngineers.
12. ^ Geotechnical Investigation Report shall be prepared and submitted to thc City f<:ngineer with
the infrastructurc plans and specifications documents. The Report shall include an analysis of
the on-site public right-of-way soil conditions, special grading rccommendations, roadway
bearing capacities, the impacts of groundwater on the street and sewer and watcr infrastructure
designs, projected traffic loadings and street section(s) design. The design must incorporate the
findings of an independent on-sitc soils investigation and groundwater investigaJion.
13. The Final Plat shall contain the following language: "Due to relatively high ground water table
within the area of the subdivision, it is not rccommcnded that full basements be constructed
without tlrst consulting a professional engineer."
14. The location of and distinction between existing and proposed sewer and water mains and
casements shall be clearly depicted on the infrastructure plans, as well as nearby t1rc
hydrants and proposed fire hydrants. An additional fire hydrant will be required near the
northeast corner of Lot 1. Plans and specifications for the sewer and water improvcments
shall be approved by the Department of Environmental Quality and the City Engineer prior to
construction.
Findings of Fact and Order Page 4
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Kamp Minor Subdivision Preliminary Plat
15. An easement shall be provided for the new sewer main proposed between Lots 3 and 4, and the
easement shall be accurately shown. Easement located outsidc of dedicated rights-of-way shall
be a minimum of 30 feet in width, with the utility located in the centcr of the easement.
16. On the Final Plat, a one-foot wide "No Access" strip shall be provided between Lot 1 and
Highway 10, and between Lot 5 and Highway 10.
The preliminary approval of this subdivision shall be effective for three (3) years from the
date of adoption of this document by the City Commission. At the end of this period the City
Commission may, at the writtcn rcquest of the subdividcr, extend its approval as provided for in the
Bozcman Area Subdivision Regulations.
DATED this 6th day of Apri 1 , 1998.
BOZEMAN CITY COMMISSION
By, 4~~/,7~
Alfred . Stiff, Mayor
ATTEST: APPROVED AS TO FORM:
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Robin J ,. Sullivan
Clerk of the Commission
Findings of Fact and Order Page 5