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HomeMy WebLinkAbout96- Ed Adamson at Perkins and Stone Addition ; . ....' . BEFORE THE BOZEMAN CITY COMMISSION CITY OF BOZEMAN, MONTANA IN THE MATTER OF THE APPLlCA nON OF ED ADAMSON FINDINGS OF FACT FOR PRELIMINARY SUBDIVISION PLAT APPROVAL FOR A AND ORDER THREE LOT MINOR SUBDIVISION OF TRACT 8, PERKINS & STONE ADDITION, CITY OF BOZEMAN PURSUANT to the Montana Subdivision and Platting Act, Scction 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 to divide a 0.7589 acrc parcel known as Tract 8, Perkins & Stone Addition into three residential lots, as submitted by the applieant, together with thc required supplementary plans and information, to determine if the information submitted mcets the requirements of the Bozeman Area Subdivision Regulations and the Montana Subdivision and Platting Act. It appeared to the City Commission that all parties wishing to appear and comment were given the opportunity to do so, and as the City Commission was fully advised of aU matters having come before it regarding this application, makes the following Findings of Fact, as required: FINDINGS OF FACT I. The application to dividc Tract 8, Perkins & Stone Addition into three residential parcels was made on May 31, 1996. Due to time scheduling conflicts, the applicant granted the City of Bozeman an extension for the review to August 6, 1996. FINDINGS OF FACT AND ORDER - ADAMSON MINOR SUBDIVISION PAGE 1 j , , , II. Finding that the subdivision met with the criteria outlined in Section 16.08.030 of the Bozeman Area Subdivision Regulations are met, the subdivision was eligible for minor subdivision review and approval. The Bozeman City-County Planning Office caused the subdivision submittal to be reviewed by applicable agencies and departments. Those comments, along with those of the City-County Planning Staff, were incorporated into the review forward to the Bozeman City-County Planning Board for their review and recommendation to the Bozeman City Commission. III. The mattcr was considered by the City-County Planning Board on July 16, 1996. No members ofthe public spoke at the mecting and no written comment was received. The developer agreed with thc recommended conditions of approval. The Planning Board then voted to recommend conditional approval ofthe application to the City Commission, after finding that the application was properly submitted and rcviewed under the procedures of the Bozeman Area Subdivision and Montana Subdivision and Platting Act. IV. The application was considered by the Bozeman City Commission at thcir regular meeting on August 5, 1996. The Commission weighed the proposcd subdivision against the applicable review critcria establishcd by Statute, and found as follows: A. COMPLIANCE WITH SURVEY REQUIREMENTS PROVIDED FOR IN PART 4 OF THE MONTANA SUBDIVISION AND PLATTING ACT. The survey requirements will be complied with when the final plat is filed. FINDINGS OF FACT AND ORDER - ADAMSON MINOR SUBDIVISION PAGE 2 i . . ' ;;. B. COMPLIANCE WITH BOZEMAN AREA SUBDIVISION REGULATIONS. The proposed plat is in compliance with the regulations. C. COMPLIANCE WITH THE REQUIRED SUBDIVISION REVIEW PROCEDURES. The application complies with the subdivision review procedures of the Bozeman Area Subdivision Regulations. D. PROVISION OF EASEMENTS FOR THE LOCATION AND INSTALLATION OF ANY PLANNED UTILITIES. Appropriate cascments are indicated on thc preliminary plat. F. PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEL. Legal and physical access will be provided to each parcel. Lot 2 shall obtain access from Perkins Place, a 30-foot wide right-of-way, which is a narrow, minimally improved access that in appearance is similar to a gravcl alley. The mailing address and deli very for Lot 2 should be from North Rouse Avenue, due to problems associated with cluster mailboxes on East Lamme Street and Perkins Placc. The Fire Department also expressed concern with Perkins Place addressing, as they could prefer to utilizc thc parking lot on Lot 1 for access to Lot 2 in case of fIre. Although Lots 2 and 3 have enough area for duplex construction, which is permitted in the R-3a Zoning District, thc lots should be restricted to single-family development due to potential additional traffic impacts on Perkins Place if they were developed as duplexes. The Montana Dcpartment of Transportation requested that the existing curb-cut on North Rouse Avenue, which currently accommodates parking in front of the four-plex on Lot 1 that backs into North Rouse Avenue, be closed in lieu of the encroachment permit for the new parking lot. V. There wcre no members of the public present to address the Commission regarding this application. FINDINGS OF FACT AND ORDER - ADAMSON MINOR SUBDIVISION PAGE 3 ; . , ' .-, ORDER After considering all matters of record presentcd at the public meeting, the Bozeman City Commission found that, with conditions, the proposed subdivision is in compliance with the Montana Subdivision and Platting Act, and complies with the criteria established for review. THEREFORE, IT IS HEREBY ORDERED, on a vote of 5-0, that the Preliminary Subdivision Plat application to subdivide Tract 8, Perkins & Stone Addition, into thrce residential lots, subject to the condition listed below. The evidence that justifies the recommended conditions is to ensure that the [mal plat complies with all regulations, and that the development of the subdivision will not adversely impact the immediatc area. 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 ofthis docwnent by the City Commission, by following the procedures of Section 76-3-625, M.C.A. The conditions of approval for this subdivision are as follows: 1. Thc [mal subdivision plat shall address all applicable requirements of the Bozeman Area Subdivision Regulations, conform to the Standards for Final Subdivision Plats of the Bozeman Arca Subdivision Regulations and Montana Subdivision and Platting Act, contain all appropriate certificates, and be accompanied by all appropriate documents, including a Platting Certificate. In particular, the Certificate of Mayor and City Council shall bc eliminated and a Certificatc of Director of Public Service be used in its place; and the title of the Certificate of Director of Public Service shall be amended to read "Certificate of Release of Sanitary Rcstrictions". Two cloth back, two mylar and a digital copy ofthe plat must be submitted for final plat review. 2. Approval of the subdivision by the Subdivision Program of the State Department of Environmental Quality shall occur prior to Final Subdivision Plat approval, pursuant to Sections 16.16.101 through 16.16.805, ARM. FINDINGS OF FACT AND ORDER - ADAMSON MINOR SUBDIVISION PAGE 4 . . . ' . . 3. A 35-foot watercourse sctback line from the mean high water mark for Bozeman Crcek shall be shown on the final plat, along with any flood plain boundary, with a note on the plat indicating that all finish floor elevations must be established above any 100-year floodplain level. A note shall be added to the fmal plat stating that no newly construction structure, parking lot or other similar improvements may be located within the 35-foot watercourse setback, and that a minimum of five feet of the required setback immediately adjacent to thc stream shall be left in a natural vegetative state, per Section 18.50.060.D, Bozeman Zoning Ordinance. 4. Twenty-foot wide utility easements shall be provided on the plat for all water service lines and neccssary utility easements. Utility easements shall be centcrcd along the side and rear of all lot lines wherever possible, and shall be 20 fcet wide, per Section 16.12.060.B.l, Bozeman Area Subdivision Regulations. Utilitics shall be located in the center of the easements. 5. As rcquested by the Montana Department of Transportation, the existing curb-cut on North Rouse Avenue which accommodates parking in front of the four-plex that backs into North Rouse Avenue shall be closed in lieu of the encroachment permit for the new parking lot. Documentation from the Montana Department of Transportation indicating this condition has been met shall bc submitted to thc planning office prior to final plat approval. 6. The final location ofthe water and sewer service lines to all lots/structures shall be shown on the improvement drawings and shall be approved by the Water/Sewer Department prior to installation of the service lines, with written documentation that the locations have been approved by the Water/Sewer Department submitted to the Planning office prior to final plat approval. City of Bozeman applications for services shall be completed by the applicant. 7. The property owner shall provide and file with the Final Plat an executed waiver of right to protest the crcation of Special Improvement Districts for street improvements to Perkins Place, including paving, curb/gutter, sidewalk and storm drainage. The waiver shall specifY that in the event SIDs are not utilized for the completion ofthe project, thc property owncr(s) shall agree to participate in an alternate financing method for completion of said improvements on a fair share, proportionate basis as determined by square footage of the property , linear front footage of the property, taxable valuation of thc property, or a combination thereof. 8. A note shall be placed on the final subdivision plat indicating that Lots 2 and 3 are restricted to one single-family residence per lot, and that duplexes will not be permitted on either lot. FINDINGS OF FACT AND ORDER - ADAMSON MINOR SUBDIVISION PAGE 5 . . . . , .. ' 9. Lot 2 shall be addressed from North Rouse Avenue, and shall have a mail receptacle on North Rouse A venue which complics with the requiremcnts of the US Postal Service. An easement shall be provided in a convenient location on Lot 1 for placement of the mail receptacle (recommended near the mail receptacles for the four-plex), if the receptacle is on Lot I, and not in the right-of-way. 10. All improvement drawings for public and private improvements shall be adequately dimensioncd. All existing and proposed water and sewer mains, service lines, easements, and nearby fIre hydrants, shall be shown on the improvement drawings, and submitted with the final plat. 11. A Storm Water Drainage/Treatment Grading Plan and Maintenance Plan for a system designed to remove solids, silt, oils, grease and other pollutants must be provided for the four-plex parking lot, and approved by the City Engineer prior to construction of the parking lot. The plan must demonstrate adequate site drainage (including sufficient spot elevations), storm water detention/retention basin details (including basin sizing and discharge calculations, and discharge structurc details), storm watcr discharge destination, and storm water maintenance plan. 12. The applicant shall provide an approved emergency access easement from North Rousc Avenue, across Lot 1 to Lot 2, to the proposed house and garage. The approved emergency access easement shall provide a means for Fire Department apparatus to get to within 150 feet of the furthest portion of all structures on the site. 13. A two-way paved drive access shall be provided to an accessible parking arca for Lot I. Drive access requirements shall be in accordance with the Bozeman Municipal Code. The owner shall meet all necessary Montana Department of Transportation conditions or requirements for connection to Rouse Avenue. The private driveway and parking area shall be constructed or financially guaranteed prior to Final Plat approval. 14. Typical curb details (i.e. raised and/or drop curbs) and typical asphalt paving section detail shall be provided for the four-plex parking lot and approved by the City Engineer. Concrete curbing shall be provided around the entire new parking lot perimeter and adequately identified on the improvement drawings, per the Bozeman Zoning Ordinance. FINDINGS OF FACT AND ORDER - ADAMSON MINOR SUBDIVISION PAGE 6 - . . . . . . . i "- . The preliminary approval ofthis 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 written request ofthc developer, extend its approval as provided for in the Bozeman Area Subdivision Regulations. DATED this 3rd day of September, 1996. BOZEMAN CITY COMMISSION By: ( f/t7ry I' /5~ Don E. Stueck, Mayor ATTEST: APPROVEr5AS TO FORM: ~/~~~ /1 ,."..' /.7 //~ ...-/p'/ /'/ /. W// ~~ ~ ., ~" Robin L. Sullivan Paul 1. Luwti Clerk of the Commission City Attohtey FINDINGS OF FACT AND ORDER - ADAMSON MINOR SUBDIVISION PAGE 7