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HomeMy WebLinkAbout98- M.M. Nash at Osterman Minor Subdivison , . Osterman Minor Subdivision Preliminary Plat BEFORE THE BOZEMAN CITY COMMISSION CITY OF BOZEMAN, MONTANA IN THE MATTER OF THE APPLICATION OF M.M. NASH FOR PRELIMINARY SUBDIVISION FINDINGS OF FACT PLA T APPROVAL OF THE OSTERMAN MINOR AND ORDER 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 Preliminary Subdivision Plat for the Osterman Minor Subdivision to divide a 12.762 acre tract into five 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 requirements of the Bozeman Area 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 appeared to the City Commission that all parties and the public wishing to appear and comment before the Bozeman City-County Planning Board were given the opportunity to do so, . and as the City Commission was fully advised of all matters having come"before it regarding this application, makes the following Findings of Fact, as required: FINDINGS OF FACT 1. The application for the Osterman Minor Subdivision was made on July 27, 1998. The application will divide a 12.762 acre tract into five lots for commercial uses. Lot 1 will be 4.011 acres in size, Lot 2 will be 1.417 acres in size, Lot 3 will be 1.625 acres in size, Lot 4 will be 1.586 acres, and finally Lot 5 will be 3.472 acres in size. All of the proposed lots are currently vacant. II. After finding the application was properly submitted and reviewed under the procedures of the Bozeman Area Subdivision Regulations, a meeting was scheduled before the Bozeman City- County Planning Board for Tuesday, August 18, 1988 and before the Bozeman City Commission Page 1 . .. Osterman Minor Subdivision Preliminary Plat on Tuesday, September 8, 1998. Notice of the City Commission agenda was published in the Bozeman Daily Chronicle on Sunday, September 6, 1998. III. The application was considered by the Bozeman City-County Planning Board on the consent agenda of their regular meeting on August 18,1998. The Staff Memorandum to the Board advised the Board that several conditions of approval had been identified and provided, and additional conditions of approval were likely once review agencies had completed their review. The applicant's representative was present. No member of the public nor of the Board requested that the application be pulled from the Consent Agenda for discussion. 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 of 9-0, forwarded the application to the Bozeman City Commission with a recommendation of conditional approval. IV. The application was considered by the Bozeman City Commission at their regular meeting on September 8, 1998. The applicant's engineer was present and indicated that his client was in agreement with the recommended conditions of approval outlined in Planning Board Resolution #P-9840. The applicant's engineer made himself available for questions from the City Commission. 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), 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 survey requirements. B. COMPLIANCE WITH BOZEMAN AREA SUBDIVISION REGULATIONS. With conditions 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. Page 2 , Osterman Minor Subdivision Preliminary Plat 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. On the Preliminary Plat, no utility easements were shown for the proposed lots. On the Final Plat, all existing utility and other easements must be shown on the plat. 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. E. PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEL. Lot 1A-1 will gain access directly from U.s. Highway 10. The rest of the proposed lots (Lots 1A-2 through 1A-5) will gain access from a new cul-de-sac which will be a publicly dedicated right-of-way. The developer must obtain permits for any new accesses onto U.s. Highway 10, and submit a copy of the permit(s) to the Engineering Department, prior to the construction of any new drive accesses or streets. If access has. already been approved by MDOT, the developer must provide proof of this encroachment permission to the Engineering Department. v. After considering all matters of record presented at the public hearing and meeting, the Commission found that the proposed preliminary plat for the Osterman Minor Subdivision would comply with the requirements of the Bozeman Area Subdivision Regulations and the Montana Subdivision and Platting Act. The evidence that justifies the conditions found necessary for this subdivision is to ensure that the final plat complies with all applicable regulations; that the proposed new street and cul-de-sac are properly dedicated, designed, and signed; that the necessary permits are obtained from state and federal agencies; that the appropriate street, water and sanitary sewer improvements are properly shown and installed; that this subdivision will impact traffic on U.S. Highway 10 and will impact City parks; and that PUEs are in the correct location and are the correct size. ORDER THEREFORE, 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 Gallatin County, within 30 Page 3 . . . Osterman Minor Subdivision Preliminary Plat 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 for Final Subdivision Plats, and be accompanied by all appropriate documents, including covenants, certification by the State Department of Environmental Quality approving the plans and specifications 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 certificates. Two clothback (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-density 3-1/2 inch floppy disk. 2. The Final Plat shall show appropriate public utility easements (PUEs). The PUEs shall be centered along side and rear lot lines whenever possible and, if placed iI]- the street or road, shall be located in a location required by and agreed upon in writing by all the appropriate utility companies and the City of Bozeman. Rear and side yard utility easements shall be twenty (20) feet wide, centered on lots lines and front yard utility easements shall be twelve (12) feet wide, except the appropriate governing body may require easements for sanitary sewer, storm sewer, and water lines to be thirty (30) feet wide. In the event front yard easements are used, rear yard easements must still be provided unless written confirmation is submitted to the planning office from ALL utility companies indicating that front yard easements only are adequate. 3. Where a utility is to be located in an existing, dedicated right-of-way, an encroachment permit must be obtained from the Montana Department of Transportation. 4. The Final Plat must contain the appropriate right of access statement. 5. Prior to Final Plat approval, street and stop signs shall be placed at all intersections as part of the required improvements. The street signs shall conform with the standards outlined in the Bozeman Area Subdivision Regulations. 6. The one-foot wide "No Access" strip provided between proposed Lots lA-I, lA-2 and lA-4 and Highway 10 shall not cross through any drive accesses. 7. The developer shall have the name of the proposed street reviewed and approved by the City Engineer and the County Road Office to ensure that it does not duplicate the name of another existing street in the area. 8. Before the Final Plat is approved, 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. 9. As part of the required improvements, the proposed cul-de-sac shall be signed "No Parking" with signs approved by the City of Bozeman's Sign Department. 10. The Final Plat shall contain all of the required certificates with the language found in the Bozeman Area Subdivision Regulations. 11. The use of the lots shall be designated on the Final Plat if not for residential development. Page 4 .. . Osterman Minor Subdivision Preliminary Plat 12.The developer shall obtain permits from MDOT for any new accesses onto Highway 10, and a copy of the pcrmit(s) shall be provided to the City Engineer's Office. If access has already been approved by MDOT, the developer shall provide proof of this encroachment permission to the City Engineer's Office prior to installation of the new street or a new access. 13. The Montana Fish, Wildlife and Parks, Natural Resources Conservation Service, Montana Department of Health and Environmental Sciences, and the Army Corps of Engineer's shall be contacted regarding the proposed project and any required permits. Any permits required by other agencies having jurisdiction (i.e. 310, 404, Turbidity exemption, etc.) shall be obtained by the applicant and copies provided to the Planning Office prior to approval of the related plans and specifications or construction of the intended work. Specifically, prior to commencement of any work on the site, the developer shall provide tQ.e 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 Engineers. 14. Plans and specifications for any water, sewer and/or storm sewer main extensions, and Public or Private Streets (including curb, gutter and sidewalks) prepared and signed by a Professional Engineer (PE) shall be provided to and approved by the City Engineer. Water and sewer plans shall also be approved by the Montana Department of Environmental Quality (MD EQ). The applicant shall also provide Professional Engineering services for construction inspection, post- construction certification, and preparation of mylar record drawings. The Engineer shall provide a Pavement Design Report for the proposed streets. Specific comments regarding the existing and proposed infrastructure shall be provided at that time. 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. 15. All infrastructure improvements, including: 1) water and sewer main extensions, and 2) Public or Private streets including curb and gutter, sidewalks and storm drainage infrastructure improvements shall be financially guaranteed or constructed prior to filing of the Final Plat. No building permits will be issued prior to completion and acceptance of the Public Infrastructure improvements. 16. The applicant shall provide and file with the County Clerk and Recorder's Office executed Waivers of Right to Protest the Creation of SIDs for the following: . Street improvements to Frontage Road/U.S. Highway 10, including paving, curb and gutter, sidewalks and storm drainage facilities for ~ of a City standard street. The waiver shall specify that in the event SIDs are not utilized for the completion of these projects, the applicant agrees to participate in an alternate method of financing for completion of said improvements on a fair share, proportionate basis as determined by square footage of the propeny, linear front footage of the property, taxable valuation of the property, traffic contribution, or a combination thereof. . City-wide Park Maintenance District(s) for the .equitable funding of City park mamtenance. 17. A Stormwater Grading, Drainage and Treatment Plan and Maintenance Plan for a system designed to remove solids, silt, oils, grease and other pollutants from the run-off from the private and/or public streets and private property must be provided to and approved by the City Engineer. The plan must demonstrate adequate site drainage (including sufficient flow directional arrows and spot elevations along drainage courses), stormwater detention/ retention basin details (including basin sizing and discharge calculation and discharge structure details), stormwater discharge destination and a stormwater maintenance plan. If the grading design discloses any adverse impact to off-site properties, necessary design alterations and/or drainage conveyance devices and easements must be provided. Page 5 '" .. . Osterman Minor Subdivision Preliminary Plat The stormwater drainage/treatment plan shall include a Maintenance Plan which must be provided to and approved by the City Engineer. The plan shall include the following: description of maintenance operations, frequency of inspections and maintenance, responsible parties and record keeping methodology. A Property Owner's Association shall be created to provide maintenance in accordance with the Maintenance Plan. It is further recommended that implementation of the Plan be included in the covenants and therefore a condition of Final Plat approval. is. The proposed six (6) inch water main in Osterman Drive shall be a minimum of an eight (S) inch main. 19. The proposed water and sewer services for Lot lA-I, from the existing mains in U.S. Highway 10, shall be installed with future development of this lot. 20. City standard sidewalks shall be installed and properly depicted at the standard location (i.e., one foot off property line) along Osterman Drive street frontage. Any deviation to the standard alignment or location must be approved by the City Engineer. These improvements shall be completed prior to Final Plat approval or secured by an improvement agreement and financial guarantee. 21. If construction activities related to the project result in the disturbance of more than five (5) acres of natural ground, an erosion/sediment control plan may be required, The Montana Department of Environmental Quality, Water Quality Bureau, shall be contacted by the applicant to determine if a Storm Water Discharge Permit is necessary. If required by the MD EQ, an erosion/sediment control plan shall be prepared for disturbed areas of five (5) acres or less if the point of discharge is less than 100 feet from State Waters. 22. The proposed new street (Osterman Drive) shall comply with Section 16.16.0S0 "Improvement Standards" in regards to angle at intersection centerline (75 degrees). The preliminary approval of this subdivision shall be effective for one (1) year from the date of adoption of this document 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 Area Subdivision Regulations. D A TED this 5th day of October , 1998. BOZEMAN CITY COMMISSION By: ATTEST: (2~ Z~ Robin L. Sullivan Clerk of the Commission --,~~~.~.,~~~ Page 6