HomeMy WebLinkAbout99- Bon Ton Inc. for preliminary plat approval of Allison Minor Subdivision Findings of Fact and Order
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BEFORE THE BOZEMAN CITY COMMISSION
CITY OF BOZEMAN, MONTANA
IN THE MATTER OF THE APPLICATION OF BON FINDINGS OF FACT
TON, INC. FOR PRELIMINARY PLAT APPROVAL AM)
APPROVAL OF ALLISON MINOR SUBDIVISION ORDER
PURSUANT to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-
625, Montana Codes Annotated, and the Bozeman Area Subdivision Regulations, the Bozeman City
Commission reviewed the proposed Preliminary Subdivision Plat for the Allison Minor Subdivision
to subdivide 112.21 acres into four (4) lots for single-family residential development, and one
remainder tract for future development as submitted by the applicant, Bon Ton, Inc., together with
the required supplementary plans and information, to determine if the information submitted meets
the requirements ofthe Bozeman Area Subdivision Regulations and the Montana Subdivision and
Platting Act. The Commission also considered the recommendation of the Bozeman City-County
Planning Board concerning the application.
This application was made after an application for the same land that was preliminarily
approved by the City Commission in October 1998 was withdrawn by the applicant.
It appeared to the City Commission that all parties and the public wishing to appear and
comment at the public hearing before the Bozeman City-County Planning Board 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
I.
The application for the subject second minor subdivision from a tract of record was made
on December 22, 1998. The application will subdivide a 112.21 acre tract into four (4) lots for single
family residential development and one 111.02 acre remainder tract for future development.
II.
After finding the application was properly submitted and reviewed under the procedures of
the Bozeman Area Subdivision Regulations, the application was considered by the Bozeman City-
County Planning Board at their public hearing on February 2, 1999. The Board found that the
application had been properly noticed, as all adjacent property owners were notified of the hearing
via certified mail, and the notice was published in the Bozeman Daily Chronicle on January 20,
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1999. No written or oral public testimony was presented to the Board, with the exception of one
letter from the Army Corps of Engineers regarding the wetlands on the property.
The subdivider's representative was present at the hearing and reported that the applicant
agreed to the conditions recommended in the Staff Report, with the exception of Condition 4, which
requires the sidewalk to be installed before a building permit can be issued for Lots 3 and 4, and
requested that the condition be amended to require the sidewalks to be installed before occupancy
of the lot.
The Board considered the applicants' request for a partial waiver of completion of an
Environmental Assessment for the subdivision, and found the partial waiver warranted as
information regarding soils, water table, the flood plain and wetlands were previously supplied, and
that information was used in the review of this subdivision, and that the minor subdivision is located
in an area for which a master plan has been adopted and the proposed subdivision will be in
compliance with that plan.
The Board considered the subdivider's representative's request to amend condition 4 to
require the sidewalks to be installed prior to occupancy, and concurred with the subdivider that the
condition should be amended, as the need for sidewalks occurs when the property is occupied.
The Board considered a recommended condition proposed by the City Attorney with regard
to the effect Article VIII, Section 17 of the Montana Constitution (CI-75) may have on the approval
of the subdivision, and a majority of the Board held that the condition was not conducive to land use
regulation, was not relevant to the Board, and that it would be more appropriate for the City
Commission to consider such a condition.
The Board determined that condition 13 should be amended to address concerns expressed
in the letter received from the Army Corps of Engineers to ensure that fill removed from the lots will
not be placed into the wetland complex, unless prior, appropriate authorization is obtained from the
Army Corps of Engineers.
Upon three calls for additional public testimony, and hearing none, the public comment
portion of the hearing was closed. As noticed in the public notice, no additional public testimony
would be accepted by the City Commission.
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After finding the application in general compliance with the required criteria established in
Title 76-3-608, M.C.A. for the review of preliminary subdivision plats, and considering the public
comments, both oral and written, and the requests of the subdivider's representative, the Board, on
a vote of7-1, fOlwarded the application to the Bozeman City Commission with a recommendation
of conditional approval.
III.
The application was considered by the Bozeman City Commission at their regular meeting
on February 16, 1999. At the public meeting, the subdivider requested that condition #4, as
forwarded by the Board in Resolution P-9859, be amended to reference Arnold Street, not Allison
Street. He advised the Commission that this new preliminary plat application was made to eliminate
the need for a new street, which will save approximately $6,000.00 per lot. He advised the
Commission that he will be constructing the homes on the four lots, and that sidewalks will be
installed prior to occupancy.
IV.
The subdivision was weighed against the review criteria established by Statute, and the
following was found:
A. PRIMARY REVIEW CRITERIA. As this is a minor subdivision in compliance
with an adopted master plan, the subdivision is exempt from the primary review
criteria listed in Section 76-3-608(3)(a), MCA.
B. COMPLIANCE WITH SURVEY REQUIREMENTS PROVIDED FOR IN
PART 4 OF THE MONTANA SUBDIVISION AND PLATTING ACT.
The subdivision complies with the survey requirements of the Act, and the survey
requirements will be complied with when the final plat is filed.
C. COMPLIANCE WITH BOZEMAN AREA SUBDIVISION REGULATIONS.
With conditions, the subdivision will comply with the requirements of the Bozeman
Area Subdivision Regulations.
D. COMPLIANCE WITH THE REQUIRED SUBDIVISION REVIEW
PROCEDURES.
The public hearing before the Planning Board was properly noticed, as required in
the Subdivision Regulations. The notice was mailed to all adjoining property ownelS
by Certified Mail, and the notice was published in the Bozeman Daily Chronicle on
January 20, 1999. All other process requirements have been followed.
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E. PROVISION OF EASEMENTS FOR THE LOCATION AND
INST ALLA TION OF ANY PLANNED UTILITIES.
All utility companies must agree with the 12-foot public utility easement proposed
for the front of the lots, or a rear yard easement must also be provided. The Montana
Power Company must be consulted regarding the need for an easement for the
existing overhead power line on the east side of Lot 4.
F. PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEL.
Legal and physical access will be provided to each parcel from Arnold Street, an
existing public street.
ORDER
After considering all matters of record presented at the public hearing and meeting, the
Commission found that the proposed preliminary plat for the Allison Minor Subdivision will comply
with the requirements of the Bozeman Area Subdivision Regulations and the Montana Subdivision
and Platting Act if certain conditions are imposed. The evidence, as specified in the Staff report and
referenced in the Findings of Fact, justifies the conditions imposed on the subdivision to ensure that:
(1) the subdivision's effects on the primary review criteria is mitigated by requiring the final plat to
comply with all regulations; (2) that necessary and appropriate easements are provided; and (3) that
adequate and safe pedestrian circulation is provided before occupancy of any structures within the
subdivision.
THEREFORE, IT IS HEREBY ORDERED, on a vote of 4-0, 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 by following the procedures
of Section 76-3-625, M.C.A. Due to the minimal infrastructure requirements, this preliminary plat
approval shall be effective for a period of two (2) years. Extensions may be requested by the
subdivider, as provided in the Bozeman Area Subdivision Regulations.
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 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 dmwings for public improvements were received, a platting
certificate issued not less than 30 days prior to submittal of the final plat application, 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 two (2) digital copies of the final plat,
on a double sided, high-density 3-1/2 inch floppy disc.
2. The following Certificates shall be corrected on the final plat: a) the Certificate of
Dedication shall be changed to a Certificate of Consent, as no dedications are occurring with this
subdivision; b) Certificate of Surveyor to reflect the correct MCA reference of 76-3-625, not 76-3-
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614, and to ensure that the survey dates are accurate; c) the Treasurer's Certificate to change the
word "no" to "all", per Section 16.32.090, Bozeman Area Subdivision Regulations.
3. The Montana Fish, Wildlife and Parks, Natural Resources Conservation Service,
Montana Department of Environmental Quality, and the Army Corps of Engineers shall be contacted
regarding the proposed project. Any pennits required by these or other agencies having jurisdiction
(e.g. 310, 404, Turbidity exemption, etc.) shall be obtained by the applicant and copies provided to
the City Engineering office prior to any construction within the area(s) pennit(s) are required.
Copies of all obtained pennits, or of letters indicating pennits are not required, shall be submitted
to the Planning Office with the final plat application.
4. City standard sidewalk shall be installed at the standard location (Le. one foot off property
line) along the north side of the improved Arnold Street frontages, or be financially guaranteed, prior
to final plat approval. Any deviation to the standard alignment or location must be approved by the
City Engineer. Regardless of the financial guarantee, the sidewalks must be installed prior to
occupancy of the residences constructed on the lots.
5. Unless a written response from Montana Power Company is submitted with the final
plat application stating that an easement is not necessary, a public utility easement shall be shown
on the final plat for the existing overhead power lines on the east side of Lot 4. If this easement is
required, the subdivider shall carefully consider the size of Lot 4, as no structures can be constructed
under/within that easement. The final plat shall provide public utility easements, which shall be
centered along side and rear lot lines whenever possible. In the event front yard easements are used,
rear yard easements must still be provided unless written confinnation is submitted to the Planning
Office from ALL utility companies indicating that front yard easements are adequate. The easement
note required in Section 16.14.050, Bozeman Area Subdivision Regulations shall be provided on the
final plat.
6. A copy of the signed Memorandwn of Understanding with the Gallatin County Weed
Control District shall be submitted to the planning office with the final plat application.
7. Arnold Street shall be improved between the east and west property boundary of the
proposed minor subdivision to a full city standard. Unless the cul-de-sac at the end of Arnold Street
is relocated to be constructed entirely on the subject property, a written easement from Bozeman
School District to the City of Bozeman shall be provided with the final plat application granting
public access to the portion of the cul-de-sac located on the School District's property, and the
easement shall be filed with the final plat. The cul-de-sac easement must have a 50-foot radius, with
the actual temporary cul-de-sac being constructed of gravel and having a minimwn of 35-foot radius.
The cul-de-sac must be signed "No Parking" with signs that comply with the Manual ofUnifonn
Traffic Control Devices guidelines, and which are approved by the City Engineer.
8. The curb and gutter approach from Arnold Street to Lot 3 shall be replaced or financially
guaranteed prior to final plat approval. This section of curb and gutter must be replaced prior to
issuance of a building pennit for Lot 3, regardless of whether the work is financially guaranteed with
final plat approval.
9. The sewer main shall be extended to the west property boundary of the minor subdivision
or as approved by the City Engineer during Plan and Specification review. Sewer and water services
shall be clearly identified on the final plans and specifications and shall be approved by the
Water/Sewer Superintendent. City of Bozeman applications for services shall be completed by the
applicant.
City Street Cut Pennit(s) must be obtained from the City Engineering Department for the
locations of water and sewer services/mains within the public right-of-way.
10. Plans and specifications for any water, sewer, and/or stonn sewer main extensions, and
public or private streets (including curb, gutter & sidewalks), prepared and signed by a Professional
Engineer licensed in the State of Montana, shall be provided to and approved by the City Engineer.
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Water and sewer plans shall also be approved by the Montana Department of Environmental Quality.
The applicant shall also provide Professional Engineering services for construction inspection, post-
construction certification, and preparation of mylar record drawings. 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.
The subdivider's Professional Engineer shall provide a Pavement Desi~n Report for Arnold
Street paving.
11. All infrastructure improvement including 1) water and sewer main extensions, and 2)
public or private streets including curb/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 for any lot not served by water and sewer and an improved public
street prior to completion and acceptance of the public infrastructure improvements.
During installation of the water and sewer mains and street construction, mechanical or
electrical devices, such as water pumps, which create a loud raucous or pulsating sound shall not be
operated between the hours of9:00 p.m. and 7:00 a.m. of the following day, if the noise emanating
from the devices wrreasonably interferes with the health, comfort, safety or welfare of any inhabited
dwelling unit in the surrounding area. Vehicles and equipment utilized to clear snow are exempted
from this condition.
12. 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 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
storm water maintenance plan. If the drainage design discloses any adverse impact to off-site
properties, necessary design alterations and/or drainage conveyance devices and easements must be
provided.
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.
Covenants requiring the formation of a Homeowner's Association shall be filed with the
final plat to provide maintenance of the stormwater drainage/treatment plan in accordance with the
maintenance plan. A copy of the Covenants shall be submitted for approval by the Planning and
Engineering Offices prior to final plat approval.
13. Per the conclusion in the December 14, 1998 Soils Investigation report prepared by
Morrison-Maierle, Inc. for this subdivision, new homes shall not be constructed on the waste fill
material previously installed on the site. The piezometers currently installed on all four lots shall
be monitored on a monthly basis by the subdivider until construction begins, and a record of the
readings shall be provided to the new lot ownerlbuilder to assist the builder and future homeowner
in establishing the finished floor elevation of the lowest living area, and to determine if a foundation
edge drain system is necessary.
To advise future lot owners of the soils situation, the following note shall either be placed
on the final plat, or shall be contained in Covenants filed with the final plat. If Covenants are to be
filed with the plat, a copy of the Covenants must be submitted with the final plat application, and the
section pertaining to fill approved by the Planning Office prior to final plat approval. The
note/covenants shall read as follows:
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Four test pits were installed on the property to determine the soils in
the areas that the foundation for homes is likely. This soils
investigation determined that the foundation for new homes should
not be placed on the waste material filled at the site. The relatively
shallow depth of the fill material must be removed during excavation
to install a building foundation below the depth of frost, even if
basements are not installed. The fill removed shall not be placed into
the wetland complex, unless prior, appropriate authorization is
obtained from the Army Corps of Engineers, and a copy of such
authorization is submitted with the building permit. The depth to
gravel is also relatively shallow and a building could easily excavate
and place the footings on gravel if a full or daylight basement is to be
installed. If the builder elects to place the foundation on the silty/clay
layer encountered at the site, the size of the foundation can be
increased to support the structural loading.
14. The property owner shall sign and file with the final plat, a Waiver of Right to Protest
the Creation of a city-wide park maintenance district(s).
15. The subdivider shall ensure that all construction material and other debris is removed
from the subdivision priori to final plat approval, or prior to release of the financial guarantee, if an
Improvements Agreement is used to file the plat.
16. Prior to final plat approval, the subdivider shall verify if any of the proposed public trail
system will pass through the remainder tract with the City Recreation and Parks Advisory Board.
This trail system shall be shown on a conceptual master plan of the entire property, and the
conceptual master plan shall be provided to the Planning Office with the final plat application.
17. A note shall be added to the final plat that due to the relat\vely high groundwater table
within the area ofthe subdivision, the construction of basements is not recommended.
18. 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 subdivider
or the subdivider's engineer to determine if a Storm Water Discharge Permit is necessary. If
required by the Department of Environmental Quality, 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.
DATED this 5th day of April , 1999.
BOZEMAN CITY COMMISSION
ATTEST: APPROVED AS TO FORM:
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Robin L. Sullivan
Clerk of the Commission
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