HomeMy WebLinkAbout98- Rick Gustine of Survco Surveying
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BEFORE THE BOZEMAN CITY COMMISSION
CITY OF BOZEMAN, MONTANA
IN THE MATTER OF 'II-IE APPLICATION OF RICK FINDINGS OF FACT
GUSTINE OF SURVCO SURVEYING, REPRESENTING
CHUCK SWENSON, FOR PRELIMINARY SUBDIVISION AND ORDER
PLAT APPROVAL OF THE AMENDED PLAT OF
WEST PARK MANOR MINOR SUBDIVISION
PURSUANT to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-
614, Montana Codcs Annotated, and the Bozeman Area Subdivision Regulations, the Bozeman City
Commission reviewed the proposed Preliminary Subdivision Plat for the Amended Plat of West Park
Manor Minor Subdivision to fuliher divide a 1.283 acre tract into three lots for commercial uses, as
submitted by the applicant, together with the required supplemcntary plans and information, to
determine if the information submitted meets the requirements of the Bozeman Arca Subdivision
Regulations and the Montana Subdivision and Platting Act, and in addition, to consider the
recommendation of the Bozeman City-County Planning Board concerning the application.
It appearcd to the City Commission that all parties and the public wishing to appear and
comment before the Bozeman City-County Plam,ing Board were given the opportunity to do so, and
as the City Commission was fully advised of all matters having eome before it regarding this
applieation, makes the following Findings of Fact, as required:
FINDINGS OF FACT
I.
The application for the Amended Plat of West Park Manor Minor Subdivision was made on
April 27, 1998. The application will divide a 1.283 acre tract into three lots for commercial uses.
Lot 1 will be 0.402 acres (17,529 squarc fect) in size, Lot 2 will be 0.447 acres (19,489 squarc feet
) in size, and Lot 3 will be 0.434 acres (18,910 square feet) in size. Proposed Lot 1 will contain the
existing, f(wmer Western Federal Savings Bank Building, part ofthe parking area for this existing
building, and part of the parking area drive aisle. Proposed Lot 2 will contain part of the parking
area for the existing building and part ofthc parking arca drive aisle. Proposed Lot 3 will bc vacant.
II.
Aftcr finding the application was propcrly submitted and reviewed under thc procedures of
the Bozeman Area Subdivision Regulations, a meeting was scheduled before the Bozeman City-
Amended Plat of West Park Manor Minor Subdivision
Findings of Fact and Order
Page 1
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County Plmllling Board for Tuesday, May 19, 1998 and before the Bozeman City Commission on
Monday, June 1, 1998. Notice ofthe City Commission agenda was published in the Bozeman Daily
Chronicle on Sunday, May 31, 1998.
III.
Due to the 3S-day review period, required by State law for minor subdivisions, the Staff
Memorandum for the Planning Board was prepared prior to review of the application by the
Bozeman Development Review Committee (DRC). On May 12, 1998 staff wrote a Staif
Memorandum to the Board, and advised the Board that several conditions of approval had been
identified, and additional conditions of approval were likely once review agencies, including the
DRC, had completed their review. Between May 12, 1998 and the Planning Board meeting on May
19, 1998, the DRC reviewed the projeet twice and several issues and concerns were voiced.
Several DRC members were concerned that proposed Lot 1 may be difficult to develop due
to its size, the odd shape of the lot, and the existence of a 30 foot wide sanitary sewer easement
across the property. No landscaping or permanent stmctures can be placed over a sanitary sewer
easement; parking could be placed over the easement. Staff informed the developer that requests
for variances could not be supported by staff since any hardship associated with the size, shape and
existing conditions on proposed Lot 1 would be self-imposed through this subdivision. The DRC
concluded that it would be possible to develop proposed Lot 1 with a small commercial building,
with a correspondingly small parking area.
IV.
The application was considered by the Bozeman City~County Planning Board at their regular
meeting on May 19, 1998. Staff briefly outlined the DRC concerns regarding proposed Lot 1. The
applicant and his surveyor were both present. The applicant indicated to the Planning Board that he
was concerned about the following recommended condition of approval: "If a new drive access onto
North 20th Avenue is installed, to provide access to proposed Lot 1, the developer shall obtain a
sidewalk permit and eurb cut permit from the Engineering Department...the City standard drive
approach shall be installed." The applicant infornled the Planning Board that they had no intention
of installing another drive access on North 20th Avenue for proposed Lot 1, and therefore this
. Amended Plat of West Park Manor Minor Subdivision
Findings of Faet and Order
Page 2
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conditions was not necessary. The Planning Board decided to recommend this condition to the City
Commission just in case thc aI?plicant changes his mind. No members of the public were present
to comment on this application.
After finding that the application complied with the required criteria established in Title 76-
3-608, M.C.A. for the review of preliminary subdivision plats, the Board, on a vote of9-0, forwarded
the application to the Bozeman City Commission with a recommendation of conditional approval.
V.
The application was considered by the Bozeman City Commission at their regular meeting
on June 1, 1998. Staff provided a bricfovcrview of the application for the City Commission. The
applicant and his surveyor were present at thc meeting. The applicant provided a brief summary of
his intentions for the property, and made himself available for questions from the Commission.
Thc City Commission asked planning staff about the traffic impacts this subdivision would
have on a part of town that already has significant traffie issues. Staff responded that neither the
Streets and Sanitation Department or the Engineering Departmcnt, both members of the DRC, had
any comments during the DRC meetings regarding traffic impacts. No conditions regarding traffic
impacts had becn recommended by the DRC or the Planning Board. The City Commission was
concerned about northbound traffic between West Main Street and Durston Road bypassing through
rcsidential neighborhoods on North 20th A venue. The Commission was also concerned about the
speed oftraffie in the vicinity, and how speeding traffic might impact residential neighborhoods Lmd
Kirk Park.
The Commission voted to delay a decision on this application until June 15, 1998 to allow
staff to prepare some additional information regarding traffic impacts in the vicinity of the proposed
subdivision. Specifically, the Commission dirccted staffto: 1. Find a condition of approval for the
Harvest Creek Major Subdivision Preliminary Plat that may be applicable to this minor subdivision
application; 2. To find out what specific traffic calming techniques the residents of the
neighborhood had examined and recommended in the past; LUld 3. To ofter to the Commission
mutually acceptable (to the Commission and the applicant) traffic calming devices and signage to
address the traffic situation
Amended Plat of West Park Manor Minor Subdivision
Findings of Fact and Order
Page 3
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VI.
In preparation for the June 15, 1998 City Conunission meeting, Planning staff, Engineering
staff, the Director of Public Service, and Administration staffworkcd closely together to address the
Commission's concerns about traffic in the vicinity of this proposed minor subdivision. Traffic
volume and speed in this part of town had long been a problcm. Working closely with the residents
of the neighborhood, several traffic control/calming alternatives had becn examined, and in some
cases implemented, in the past.
Karen Finke, the Project Engineer, wrote a memo dated June 8, 1998, that outlined the tratlic
concerns, alternatives examined in the past, and the options available today. This memo concludes
that the proposed rearrangement of the subject site, to crcate three commercial lots from the existing
two commercial lots, would have little effect on the traffic generation calculations for thc
neighborhood. Staff was unable to offer any new or rcconunended solutions for thc traf1-ic problems
in the vicinity of the subject site. Staff recommended onc additional condition, that the applicant
sign a Waiver of Right to Protest the Creation of an SID for traffic calming or othcr traffic control
improvements ill the West Park Manor area bctween West Main Street and Durston Road.
VlT.
This subdivision was again considered by the Bozcman City Commission at their regularly
scheduled meeting on Junc 15, 1998. Staff provided the Commission with the requested condition
of approval from the Harvest Creek Major Subdivision Preliminary Plat, and with the specific trank
calming alternativcs the residents of the ncighborhood had examined and recommended in the past.
In addition, staif told the Commission that no new solutions had been found, that all of the
alternatives considered in the past remain as options, and that staff recommends one additional
condition of approval regarding Waivers of Right to Protest the Creation of an SID for traffic
calming/control devices/signage.
Several Commissioners f-elt that the SID waivers were not sunicient, and that the developer
of this minor subdivision should be required to install some sort of traffie calming device, to mitigatc
the traffic impacts generated from this proposed subdivision, prior to Final Plat approval of the
subdivision. A traffic calming device, in thc middle of North 20th Avenue adjacent to the subject
Amended Plat of West Park Manor Minor Subdivision
Findings of Fact and Order
Page 4
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site, was recommended.
As this subdivision is proposed in an area 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), MCA, 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 survey requirements.
B. Compliance with Bozeman Area Subdivision Regulations
With eonditions and requirements, the subdivision will comply with the Bozeman 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 Final Plat Application.
C. Compliance with the nequired Subdivision Review Procedures
The application complies with the subdivision review procedures.
D. I)rovision of Easements for the Location and Installation of Any Planned Utilities
There is an existing thirty (30) foot wide sanitary sewer easement that crosses proposed Lot
1. The existence of this casement may limit the buildable area available on this site. There
is also an existing twenty-four (24) foot wide egress easement along the east property line
of the subject sites.
Currently, no utility easements are shown for the proposed lots. On the Final Plat, all
existing utility and other easements must be shown on the plat. A public utility eascment
shall be provided along the side and rear lot lines of each lot. Rear and side yard utility
easements shall be twenty (20) feet wide and centered on lot lines. In the event front yard
easements are used, rear yard easements shall still be provided unless written confirmation
is submitted to the planning department from all utility companies indicating that front yard
easements only are adequate. Front yard utility easements shall be twelve (12) feet wide.
DRC recommends a condition requiring a perpetual, reciprocal cascmcnt between proposed
Lots 2 and 3 for the joint use of the existing driveway access onto North 20th A venue and the
drive aisle for the existing parking lot. Also, DRC recommends that the Final Plat provide
for the widening of the existing egress easement, as the easement approaches North 20th
A venue, to match the existing edge of asphalt. The installation of new sanitary sewer stubs,
to service proposed Lots 1 and 2, may require easements if the sewers cross property lines.
Finally, MPC would like at least a ten (10) foot wide utility easement along rear lot lines,
beyond the existi ng twenty-four foot wide egress easement, for the installation of power and
gas utilities.
E. Provision of Legal and Physical Access to Each Parcel
For access, all three proposed lots front on North 20th Avenue, as well as an existing egress
easement along the east property lines. There is an existing driveway access off of North 20th
A venue, as well as a driveway access off of the egress easement, for the existing, former
bank building. Both of these driveway accesses would be contained on proposed Lots 2 and
Amended Plat of West Park Manor Minor Subdivision
Findings of Fact and Order
Page 5
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3. The DRC members discussed the need for shared accesses onto North 20th Avenue, as
well as the possibility that no new accesses would be permitted on North 20th Avenue; all
new aceesses to the proposed lots would come from the driveway easement along the east
property lines.
VIII.
A Commissioner made a motion that this minor subdivision application be approved with
the conditions recommended in Planning Board Resolution #P-9824, plus the addition of the
following condition: "The applicant shall provide and file with the Gallatin County Clerk and
Recorder an executed Waiver of Right to Protest Creation of an SID for traffie calming or other
traffic control improvements in the West Park Manor area between West Main Street and Durston
Road. The waiver shall specify that in the event an SID is not utilized for the completion of said
improvements, the owner(s) agree 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." The motion was seeondcd. Two Commissioners voted in favor of the motion,
and three voted against it. Therefore, the motion failed.
Another Commissioner made a motion that this minor subdivision application be approved
with the conditions recommended in Planning Board Resolution #P-9824, plus the addition of the
followirg condition: "Prior to Final Plat approval, the subdivider shall install an appropriate traffic
calming device on North 20lh Avenue adjacent to the subject property. The subdivider shall work
closely with the Engineering Department to select the appropriate type and location for the traffic
calming device. Plans and specifications for the traffic calming device shall be submitted to the
Engineering Department for rcview and approval." The motion was seconded. Three
Commissioners voted in favor of the motion, and two voted against it. Therefore, the motion passed.
ORDER
After considering all matters of record presented at the public hearing and meeting, the
Commission found that the proposed preliminary plat lor the Amended Plat of West Park Manor
Minor Subdivision would comply with the requirements of the Bozeman Area Subdivision
Regulations and the Montana Subdivision and Platting Act if certain conditions are imposed on the
project. The evidence, as found by the Commission, justifies the conditions found necessary for this
Amended Plat of West Park Manor Minor Subdivision
Findings of Fact and Order
Page 6
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subdivision to ensure that the final plat complies with all regulations; that the existing building on
proposcd Lot 3 will have adequate parking; that appropriate and safe vehicular circulation and
parking is required, that the necessary permits are obtained from local, state and federal agencies;
and that adequate infrastructure, public access and easements are provided.
THEREFORE, IT IS HEREBY ORDERED, on a vote of 3-2, that the subject subdivision
be approved, subject to the conditions listcd below. 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 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 Bozeman Area
Subdivision Regulations and the Uniform Standards tor Pinal Subdivision Plats, and be
accompanied by all appropriate documents, including covenants, certification by the State
Department of Environmental Quality approving the plans and specif.ications for water or
sanitary facilities, certification from the City's Engineer eertif:ying that as-built drawings for
public improvements were received, a platting certificate, and all required and corrected
certifieates. Two clothback (or cquivalent) 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-density 3-1/2 inch floppy disk.
2. A perpetual, reciprocal easement shall be provided between proposed Lots 2 and 3 for the
joint use of the existing parking area drive aisle and for the existing driveway access off of
North 20th A venue. The easement document shall be submitted to the City Engineer for
review and approval, and shall be filed at the Gallatin County Clerk and Recorder's Office
with the Final Plat.
3. Prior to Final Plat approval, the developer shall install a new parking area, for the existing
building on proposed Lot 3, which contains at least twelve (12) parking spaces. This ncw
parking area shall be parallcl to the existing parking lot to be contained on proposed Lot 2.
These two parking areas shall share the same drive aisle. The parking space(s), located
adjacent to the existing building to the west shall be eliminated. The existing parking spaces
to the east of the existing building can be rctained for a total of fifteen (15) standard and one
disabled accessible parking spaces on proposed Lot 3.
A grading and drainage plan shall be prepared for the new parking area, and shall be
submitted to the City Engineer for review and approval.
If installation of the new parking area requires moving or re-aligning the existing drive
access onto North 20th Avenue, the developer shall obtain a sidewalk permit and a curb cut
permit from the Engineering Department. Driveway accesses onto North 20th A venue shall
be at least twenty-four (24) feet wide for two way traffic, but cannot exceed thirty-five (35)
feet in width. Further, if the existing drive access onto North 20th A venue is widencd or
moved, any proposal to move or rcconfigure the island' in North 20th Avenue shall be
submitted to the Streets Superintendent and City Engineer for review and approval.
4. If a new drive access onto North 20th A venue is installed, to provide access to proposed Lot
I, the developer shall obtain a sidewalk permit and a curb cut permit from the Engineering
Department.
S. All private drive approaehes shall be constructed in accordancc with the City's standard
Amended Plat of West Park Manor Minor Subdivision
Findings of Fact and Order
Page 7
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approach, i.e., concrete apron, sidewalk section and drop-curb.
6. Typical curb details (i.e. raised and/or drop curbs) and typical asphalt paving section detail
shall be provided to and approved by the City Engineer.
7. On the Final Plat, all existing utility and other easements shall be shown. A public utility
easement shall be provided along the side and rear lot lines of each lot. Rear and side yard
utility easements shall be twenty (20) feet wide and centered on lot lines. In the event front
yard easements are used, rear yard easements shall still be provided unless written
confirmation is submitted to the planning department from all utility companies indicating
that front yard easements only are adequate. Front yard utility easements shall be twelve
(12) feet wide.
8. The Final Plat shall show a one foot "No Access Strip" along the West Main Street right-of-
way to prevent direct access to proposed Lot 3 from West Main Street.
9. The final Plat shall provide for the widening of the existing twenty-four (24) foot wide
egress easement, located along the east property line, as the easement approaches North 20th
A venue to match the existing edge of pavement.
10. Prior to Final Plat approval, the mouth of the existing drive aceess onto North 20th Avenue,
for the existing egress easement, shall be widened to at least twenty-four (24) feet.
II. Before the Final Plat is accepted, the developer shall ensure that all construction and other
debris is removed from the site, including concrete, asphalt, dead trees and shrubs, and
fencing materials.
12. Prior to Final Plat approval, all areas disturbed during construction shall be re-seeded with
vegetation types approved by the Gallatin County Weed Control Supervisor.
13. The necessary permits and approvals shall be obtained from the Montana Department of
Environmental Quality, for the water supply and wastewater facilities proposed for this
subdivision.
14. A Stormwater Drainage Plan/Treatment Plan and Maintenanee Plan for a system designed
to remove solids, silt, oils, grease and other pollutants must be provided to and approved by
the City Engineer. The plan must demonstrate that adequate site drainage will be achieved
by providing sufficient spot elevations and flow direction arrows. Storm water conveyance
details, including channel sizing calculations and channel shape and side slopes shall be
provided. Stonnwater discharge destination and a storm water maintenance plan shall also
be provided. If the grading design discloses any adverse impact to off-site properties,
necessary design alterations and/or drainage conveyance devices and easements shall be
provided.
IS. The location of existing watcr and sewer mains shall be clearly depicted, as well as nearby
fire hydrants.
16. Sewer and water services shall be properly shown and approved by the Water and Sewer
Superintendent. City of Bozeman applications for service shall be completed by the
applicant.
17. The f'Onner bank building, which will be contained on proposed Lot 3, can continue to use
the existing 1 Y:z inch water service to the building. New water serviccs shall be installed to
provide water to proposed Lots 1 and 2. The installation of new water services will rcquire
a pavement cut in North 20th A venue. The applicant shall apply for, and receive, a pavement
cut permit prior to installation of new water services.
18. The fom1er bank building, which will be contained on proposed Lot 3, can continue to use
the existing 4 inch sanitary scwer stub off the 8 inch clay line in the sanitary sewer easement
towards the rear of the site. New sanitary sewer stubs shall be installed for proposed Lots
1 and 2. Easements shall provided where sewers eross lot lines.
19. The MPC power transformer, that provides service for the existing, former bank building,
shall be relocated from proposed Lot 2 to proposed Lot 3 at the subdivider's expense. The
Amended Plat of West Park Manor Minor Subdivision
Findings of Fact and Order
Page 8
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relocation of the transformer shall occur before the cxisting bank drive-through is removed,
and before any new parking lot improvements are installed. The subdivider shall work with
MPC to find an adequate location for the transformer on proposed Lot 3. A public utility
easement, that is at least ten feet widc, shall be provided along rear lot lines beyond the
existing twenty-four foot wide egress easement, for the provision of power and gas utilities.
20. Prior to Final Plat approval, the subdivider shall install an appropriate traffic calming device
on North 20th Avenue adjacent to the subject property. The subdivider shall work closely
with the Engineering Department to select the appropriate type and location for the traffic
calming device. Plans and specifications for the traffic calming device shall be submitted
to the Engineering Department for review and approval.
The preliminary approval of this subdivision shall be effective for two (2) years, with the
possibility of an extcnsion for an additional year, from the date of adoption of this document 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 Area Subdivision Regulations.
DATED this 17th day of August ,1998.
BOZEMAN CITY COMMISSION
A TTEST: APPROVED AS TO FORM:
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Robin L. Sullivan Paul . Luwe// .;... ,
Clerk of the Commission City Attorney
Amended Plat of West Park Manor Minor Subdivision
Findings of Fact and Order
Page 9