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HomeMy WebLinkAbout98- Carl Tange at Tange Minor Subdivison < , BEFORE THE BOZEMAN CITY COMMISSION CITY OF BOZEMAN, MONT ANA IN THE MATTER OF THE APPLICATION OF CARL FINDlNGS OF FACT T ANGE, ET AL FOR PRELIMINARY SUBDIVISION PLAT AND ORDER APPROVAL OF THE TANGE MlNOR SUBDIVISlON PURSUANT to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3- 614, Montana Codcs Annotated, and Chaptcr 16 of the Bozeman Area Subdivision Rcgulations, thc Bozcman City Commission reviewed the proposcd Preliminary Subdivision Plat f'Or thc Tange Minor Subdivision to dividc 20.2 acres into five lots for commercial use, as submittcd by the applicant, togcther with the rcquircd supplementary plans and inf'Ormation, to determine if the inf'Ormation submittcd meets thc requirements of the Bozeman Area Subdivision Regulations and the Montana Subdivision and Platting Act, and in addition, to considcr the recommcndation of the Bozeman City- County Planning Board concerning the application. It appcarcd to the City Commission that all parties and the public wishing to appear and comment before the Bozeman City-County Planning Board werc given the opportunity to do so, and as the City Commission was fully advised of all matters having corne before it regarding this application, makes the following Findings of Fact, as requircd: 'l'ANGE MiNUH SUHV1V1SiUN FINDINGS OF FACT AND ORDER PAGE 1 < . FINDINGS OF FACT I. The applIcation for the Tangc Minor Subdivision was madc on May 27, 1998. II. After finding the application was properly submitted and review cd under the procedures of the Bozeman Area Subdivision Regulations, the application was considered by the Bozeman City- County Planning Board at their regular mceting on Junc 23, 1998. No members of thc public spoke at the hearing, and no written testimony was received regarding thc application. The Planning Board revicwcd and considcrcd the revicw criteria established in Titlc 76-3-608, M.C.A. for the review ofprc1iminary subdivision plats. A member ofthc Board qucstioned staff rccommendcd condition #3, which requIres improvemcnts to thc north half of Oak Street adjacent to the subdivision, ineluding a second west-bound lane, curb, gutter and sidewalk, expressIng concern that only a SOO-foot scction of the road will be installed at this timc. The Board member was advised that the Planning Staff anticipates that thc other propcrtics adjacent to Oak Strect will develop in the next fcw years, and full improvements will be required as each property develops. After completing their revicw, the Board, on a vote of8-0, f'Orwardcd the application to the Bozeman City CommIssion with a recommendation of conditional approval. 'l'ANGE M1NUK 8UHD1V181UN FINDINGS OF FACT AND ORDER PAGE 2 HI. The application was considered by the Bozeman City Commission at their regular mecting on July 6, 1998. As this is the flIst minor subdivision from a tract of record, is located in an area where a master plan has been adopted, and thc proposed subdivision complies with the adopted master plan, the subdivision is exempt from the primary rcview criteria listed in Scction 76-3-608(3a), MCA, 1995. Thc Commission weighed thc proposed subdivision against thc applicable review criteria cstablished by Statute, and found as follows: A. COMPLIANCE WITH SURVEY REQUIREMENTS PROVIDED FOR IN PART 4 OF THE MONT ANA SUBDIVISION AND PLATTING ACT. The survey rcquirements provided for will be complied with when the final plat is filed. B. COMPLIANCE WITH BOZEMAN AREA SUBDIVISION REGULATIONS. With conditions, the subdivision will comply with the Bozeman Area Subdivision Regulations. These conditions include the dedication of right-of-way f'Or North 11 tll Avcnue; correction ofCertificatcs on the final plat; and installation of sidewalks on Oak Street and Baxter Lane. C. COMPLIANCE WITH THE REQUIRED SUBDIVISION REVIEW PROCEDURES. The application complies with the subdivision review procedures. 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 20-feet wide, will be centcrcd along side and rear lot lines whcrever possiblc and will be shown on the final plat, as will the utility notc, as requircd in Section 16.14.0S0.BA.b, Bozeman Area Subdivision Regulations. Easements from the propcrty owner to the city will be provided for water and sewer mains not located within dedicated rights-of-way. Thc retentionldctention pond for the Hampton Inn, which is located on proposed Lot 1, is located on proposed Lot 4. The propcr placemcnt of the pond, or easements for the pond, must bc provided prior to final plat approval. 'l'ANGE MJ.1VUH SUHUl V1S1U1V FINDINGS OF FACT AND ORDER PAGE 3 E. PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEL. Legal and physical acccss will be provided to each parcel from current and future public rights-of-way. The construction of North 11th Avenuc is an important part of the transportation network, but because not all necessary right-of-way has been obtained for the cxpansion of thc street in the intended location, it is not fcasible for this subdividcr to construct North 11 th Avenue from Oak Street to Baxtcr Lane at this time. However, in order to provide lcgal access to Lot 4, developmcnt of Lot 4 should not be permitted until North 11 th Avcnue is extendcd from Oak Strcct to Baxter Lanc. Further, if access is desircd from North 11 th Avcnue to Lot 3, the scction of North 11th Avenue nccessary to provide access to Lot 3 should bc required to bc installed at that time. The plat should dedicate 32.5 fect of right-of-way along the wcst property boundary for the future construction of North 11 th Avenue. Oak Street is a restricted access highway and the access points have already been established for this property. Access to Lot 5 is restricted to an existing common acccss point with the Days Inn to the east. Direct access from Lot 4 to Oak Street may not be permittcd and must be confirmcd with the Montana Department of Transportation, if dcsired. A sharcd access is shown bctween Lots 1 and 2, and the plat should provide an easement for that aecess. Direct access from Lot 2 to Baxter Lanc should be prohibited, as access can be obtained from an cxisting access. The applicant's representative questioncd the need for this subdividcr to widen a portion of Oak Strcet, as requircd in recommendcd condition #3. He indicated the subdivider feels that bccause this was a State Highway project, funds should have been allocated to build the whole road, and hc shouldn't be responsible to construct a state road. The Commission found that Oak Strcct is a City strcet, but was funded through federal aid urban funds. That fund provided enough moncy to design thc street for four lanes plus a center turn lane, with curb, guttcr and sidewalk, but did not provide enough for full construction. It was planncd from the beginning that the street would be constructed as-is with a center turn lane and two driving lanes, and would be widcned either as the adjoining propertics dcveloped, or as funding became available. Thus, the widcning of Oak Street, as rcquired in Staff recommcndcd condition #3, will ensure adcquate access to this propcrty. The applicant's reprcscntative questioned the need for this subdividcr to install sidewalks on thc portions of Baxter Lane and Oak Street adjoining this subdivision, as required in Condition #7, noting that both roads currently have gravel shoulders and roadside ditches. He indicated it will takc significant fill to install sidcwalks on Baxter Lane, and that the sidewalks will not conncct to other sidewalks. He indicated the subdividcr preferred to wait to install sidewalks when other sidewalks in thc area were installed. The Commission found that therc is significant foot traffic on Oak Street, and in the general area due to thc number of motels in thc area, and that it is appropriate for this subdivider to install sidewalks now, as required in Section 16.14.040, Bozeman Area Subdivision Rcgulations. 'l'ANGE 1'111VUH SUHUl V1S1UN FINDINGS OF FACT AND ORDER PAGE 4 ORDER After considcring all matters of record prescntcd at the public hearing and meeting, thc Commission found that the proposed preliminary plat for the Tange Minor Subdivision would comply with the requirements ofthe Bozeman Area Subdivision Regulations and the Montana Subdivision and Platting Act if ccrtain conditions are imposed on the project. The evidencc as stated in the Findings of Facts, justifies thc conditions to cnsure that thc final plat complies with all rcgulations, that appropriate and safe vehicular and pcdestrian circulation is providcd, and adequate public access and utility casements and rights-of-way arc provided. THEREFORE, IT IS HEREBY ORDERED, on a vote of 5-0, that thc subject subdivision be approvcd, subject to thc conditions listed below. This City Commission order may bc appealed by bringing an action in the Eightcenth District Court of Gallatin County, within 30 days after the adoption of this document by the City Commission, by following the procedures ofScction 76-3-625, M.C.A. 1. The final subdivision plat shall conform to all requirements of the Bozcman Area Subdivision Rcgulations (August 1997 version) and the Uniform Standards for Final Subdivision Plats, and be accompanied by all appropriate documents, certification by thc State Departmcnt of Environmental Quality approving the plans and specifications for water or sanitary facilities, certification from the City Engineer certifYing that as-built drawings for public improvcments were received, a platting certificate, and all rcquired and corrected certificates. Two c10thback (or equivalent) and mylar (or equivalent) copies ofthe finalplat must be submitted for final plat approval, along with a digital copy of thc final plat, on a double sidcd, high- dcnsity 3-1/2" floppy disk. 2. The following Certificates shall be corrccted on the final plat: a) thc Certificate of Dedication for plats within the city limits (16.32.020.A) shall be used, and the Waiver of RIDs shall be eliminated; b) the Certificatc of Planning Director shall be eliminated; c) a Certificatc of Mortgagee(s) shall be added; d) a Certificate of Completion ofImprovements shall be added; and e) the Ccrtificate of Director of Public Service shall be changed to reflect the languagc in Section 16.32.070.A. 'l'ANGE M1NU~ ~UHU1V1~1UN FINDINGS OF FACT AND ORDER PAGE 5 1 3. Oak Street adjacent to thc subdivision shall be widcned to include a sccond west bound lanc and curb and gutter in accordance with the plans available from the offiee of thc City Engineer. The subdividcr's enginccr shall provide for the design of the storm drainagc facilities for thc widening. If these improvements are financially guaranteed, no building permits shall bc issued for the subdivision prior to completion and city acceptance of thc improvements. 4. Unless alrcady filed on the property, a Waiver of Right to Protest Creation of SIDs shall be filcd with the final plat for: a) street improvements to Baxter Lane and North 111\ including paving, curb/gutter, sidewalk, and storm drainagc; and b) signalization and/or intersection improvemcnts to Baxtcr Lane and North 7th Avenue. S. Prior to filing of the final plat, the subdivider shall make full payment for the Oak Street Water Line Payback Area, if at the time of filing of thc plat, the payback district is creatcd. If the payback district is not created at thc time of plat filing, the applicant shall be responsible for the full paymcnt at the time of creation ofthe payback area. 6. A Stormwater Master Plan for thc subdivision for a systcm designcd to removc solids, silt, oils, greasc and other pollutants from the runoff from the private and public strcets and all lots must be provided to and approvcd by the City Engineer prior to construction ofthc streets. The master plan must depict the maximum sizcd retention basin location, show location of and providc casements for adequate drainage ways within the subdivision to transport runoff to the stormwater receiving channel. Thc plan shall include sufficient site grading and elevation information (particularly for the basin site, drainagc ways and fmished lot grades), typical stormwater dctentionJretcntion basin and dischargc structure details, basin sizing calculations and a stormwatcr maintenancc plan. Stormwatcr ponds for the subdivision shall not be located on privately owned lots. Iflocatcd within a park or open space, thc ponds shall be designed and constructed to be conducive to the normal use and maintenance of thc open spacc. Drainagc easements shall be shown on thc final plat in locations whcrc drainage ditches or structures are constructed in the open space. While the runoff from the individual lots will be depcndcnt on the intensity ofusc on each lot, the maximum sizing of the storm rctention facilities will bc cstablished based on maximum site development. The lot lines betwecn Lots 1 and 4 shall be realigncd to ensure the storm watcr detention ponds for the Hampton Inn are contained on Lot 1, or the dctention ponds shall be redesigned and reconstructed to ensure they are contained on Lots 1, unless an casement for the existing storm detention pond for the Hampton Inn is granted. 'l'AN<';-'" M1NUH ~UHU1V1S1UN FINDINGS OF FACT AND ORDER PAGE 6 I . 7. City standard sidcwalks shall be constructed, or financially guaranteed, for thc portions of Oak Strect and Baxter Lane adjacent to thc subdivision, prior to filing of the final plat. 8. Thc creation of thcsc lots may require additional fire hydrant installations, which will bc addressed during infrastructurc plan and specification and/or future site plan review. 9. The final plat shall provide for the dedication of 32.S-fcet of right-of-way along thc west property boundary f'Or the future construction of North 11 tn Avenue. Notcs shall be added to the plat to indicate: a) that no development may occur on Lot 4 until full improvemcnts are made to North 111n Avenue from Oak Strect to Baxter Lane; and b) that upon developmcnt of Lot 3, if the North 11 th Avenue alignment is utilized for access, North 11th Avcnue shall be constructed to thc width needed to serve the lot including curb and gutter, with the length of the improvemcnts to be detcrrnined as that required for access needs. 10. Easements for the water and sewer main extensions shall be a minimum of 30 fect in width, with the utility located in the center of the easement. In no case shall the utility bc less than 20 fcet from the edge of the easement. The subdivider shall obtain an eascment from the adjacent property owner for the installation of the sewer main on the west property boundary of the subdivision. Additional width shall be added to thc water main easement along the south boundaries of Lot 2 and Lot 3 so that these lots have access to the existing water main. 11. Plans and specifications and a detailed design report for water and sewer main extensions, storm drainage system and thc public and/or private streets, prepared by a Professional Engineer, shall be provided to and approvcd by the City Enginecr and the Montana Dcpartment of Environmental Quality. The subdividcr shall also provide Professional Engineering scrvices for construction inspection, post-construction certification, and prcparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have becn approved and a pre- construction conference has been conducted. All infrastructure improvcments including a) water and sewer main cxtensions, and b) public and/or private streets, curb/gutter, sidewalks, paths and related storm drainage infrastructure improvcments, shall cither be financially guaranteed or constructed prior to final plat approval. No building permits shall be issued prior to completion and City acceptance of the required infrastructure improvements listed above. 12. A joint access easement shall be shown on the final plat for Lots 1 and 2 along the full depth of Lot 1. A notc shall be added to the plat to restrict direct acccss from Lot 2 to Baxter Lane. 13. If access to Lot 3 is from Baxtcr Lane, an encroachment permit shall be obtained from thc necessary agency prior to construction ofthe encroachment. 'l'ANGE M1NUH ~UHV1V1S1UN FINDINGS OF FACT AND ORDER PAGE 7 . , I .. , The preliminary approval ofthis subdivision shall be effective for two (2) years from the datc of adoption ofthis document by the City Commission. At the end of this period the City Commission may, at the written rcqucst ofthe subdivider, extend its approval as provided for in the Bozcman Area Subdivision Rcgulations. DATED this~rd day of Auqust ,1998. BOZEMAN CITY COMMISSION ATTEST: APPROVED AS TO FORM: ,,/7 GJ~J~ f /1 //'} ( Robin L. Sullivan Clerk of the Commission 'l'ANGl:!; M1NUH HUHV1V1H1UN FINDINGS OF FACT AND ORDER PAGE 8