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HomeMy WebLinkAbout96- Steve McGough at Wheeler Mobile Home Park -. , " ; . . . BEFORE THE BOZEMAN CITY COMMISSION CITY OF BOZEMAN, MONT ANA IN THE MATTER OF THE APPLICATION OF STEVE FINDINGS OF FACT MCGOUGH PRELIMINARY SUBDIVISION PLAT AND ORDER APPROVAL OF THE WHEELER MOBILE HOME PARK SUBDIVISION PURSUANT to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3- 614, Montana Codes Annotated, and Chapter 16 of the Bozeman Area Subdivision Regulations, the Bozeman City Commission reviewed the proposed Preliminary Subdivision Plat for the Wheeler Mobile Home Park Subdivision to expand the existing mobile home park to create a total of 46 "lots", 45 of which will be available for rent or lease for the placement ofmobilc homes, as submitted by the applicant, together with the required supplementary plans and information, to determine if thc information submitted meets thc 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 appearcd 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: WHEELER MOBILE HOME PARK SUBDIVISION FINDINGS OF FACT AND ORDER PAGE 1 . FINDINGS OF FACT I. The application for the Wheeler Mobile Home Park Subdivision was made on April 30, 1996. Notice of Public Hearing before the Bozeman City-County Planning Board and the public meeting before the Bozeman City Commission was published in the Bozeman Daily Chronicle on May 19, 1996, and was mailed by Certificd mail, return receipt requested, to adjoining propcrty owners on May 16, 1996. II. The matter was heard before thc Bozeman City-County Planning Board on June 4, 1996. One member of the public spoke at the hearing in favor of the application, citing the need for mobile home parks in the community. Two letters were submitted to and reviewed by the Board, with one letter opposing the dcvelopment, citing the potcntial decline in his property values due to the expansion of the mobilc home park, and one lettcr from an adjoining property owner requesting the extension of sewer and water mains to his property and public access to the park. III. After finding the application was properly submitted and reviewed under the procedures of the Bozeman Area Subdivision Regulations, the Planning Board rcviewed and considered the review criteria established in Title 76-3-608, M.C.A. for thc review ofpre1iminary subdivision plats. The Planning Board also considered thc testimony from the developer's representative regarding mitigations to reeomrnended conditions 5, 11, 14, and 16. WHEELER MOBILE HOME PARK SUBDIVISION FINDINGS OF FACT AND ORDER PAGE 2 . IV. The Planning Board granted a waiver of the completion of the Environmental Assessment and Community Impact Statement, as the information can be found in thc Bozeman Area Master Plan. V. The Planning Board considered two variances from the design and improvement standards ofthe Bozeman Area Subdivision Regulations, and found that the variance from the 50 foot lot width requirement for Lots 2 through 12, Block 1, is necessary due to the location of existing mobilc homes on the lots, and the granting of the variance would not be detrimental to the public health, safcty, and general welfare, and supported the variance. With regard to the second variance, which was to not install curbs on Meghans Way, the privatc collector street in the subdivision, the Board found that the streets with no curbs in existing mobile home parks are not as wcll-maintained, vehiclcs park partially on adjoining yards, and curb and gutter assist in direeting storm water runoff and aids in the delineation of the street. For these reasons, the Board did not support the variance to not install curb and gutter on Meghans Way. VI. Following their review, the Planning Board found that the application complied with the required criteria, and on a votc of 8-0, forwarded the application to the City Commission with a recommendation of conditional approval. VII. The application was considered by the Bozeman City Commission at their regular meeting on June 17, 1996. The Commission weighed the proposed subdivision against the review criteria established by Statute, and found as follows: WHEELER MOBILE HOME PARK SUBDIVISION FINDINGS OF FACT AND ORDER PAGE 3 A. PRIMARY REVIEW CRITERIA 1) Effect on Agriculture. The front portion of the property is developed and has been used as a mobile home park since 1970, prior to the establishment of County Zoning District No.1. Only six mobile homes existed until 1981 when the park doubled to its current size. The remainder of the property is vacant, and has, on occasion, been grazed. As the property is surrounded by city limits on four sides, has been approved to annex to the City limits, and due to the small acreage currently vacant, no effect on agriculture was identified. 2) Effects on Agricultural Water User Facilities. A stream/ditch combination flows through the northwest comer of the site. The property owner is proposing to relocate the watercourse to the west, which may require a 310 Permit, and will ensure that adequate water flows are maintained. 3) Effects on Local Services. Local serviees will be provided to the sitc by the City of Bozeman once the property is annexed. The provision of security lighting at the driveways will address concerns by the Police Department by assisting is crime safety/prevention. 4) Effects on Natural Environment. The relocation ofthe ditch/stream will not adversely impact the natural environment. A 35-foot watercourse setback and 10-foot maintenanee cascment must be provided on both sides of the watercourse. The removal of the existing septic tanks and drain fields and connection of the existing mobile homes to City sewer service will be bcneficial to the natural environment. 5) Effects on Wildlife and Wildlife Habitat. No negative effects on wildlife or wildlife habitat were identified in this growing urban area. 6) Effects on Public Health and Safety. The provision of Waivers of Right to Protest the Creation of Futurc SIDs for improvements to West Babcock Street will assist in the future improvement to this street. The construction of Meghans Way to a width of 22 feet, which is the minimum width permitted in the Subdivision Regulations for a mobile home park collector street, will safely accommodate vehicle traffic, and a concrete sidewalk on one side of the private street will safety accommodate pedestrians. Due to the narrowness of the privatc street, no street parking will be allowed. Mendenhall Street shall be constructed to a city-standard, with sidcwalks on both sidcs ofthe street, to cnsure the continuity ofthe street. A written public access easement for the entire private park area will help to ensure public access through the private park from adjoining properties to the adjacent public parks. WHEELER MOBILE HOME PARK SUBDIVISION FINDINGS OF FACT AND ORDER PAGE 4 B. COMPLIANCE WITH SURVEY REQUIREMENTS PROVIDED FOR IN P AR T 4 OF THE MONTANA SUBDIVISION AND PLA TTING ACT. The survey requirements will be complied with when the final plat is filed. C. COMPLIANCE WITH BOZEMAN AREA SUBDIVISION REGULATIONS. The subdivision complies with most standards of Chapter 16.16 of the Bozeman Area Subdivision Regulations. The Commission agreed with the Planning Board's recommendation of support for a variance from the 50-foot minimum lot width requirement for Lots 2 through 13, Block 1. The Commission also agreed with the Planning Board's review and recommendation of denial for a variancc from the requirement to install curb and gutter on Meghan's Way. The final plat will be required to comply with the Regulations. D. COMPLIANCE WITH THE REQUIRED SUBDIVISION REVIEW PROCEDURES. The application complies with the subdivision rcview procedures. E. PROVISION OF EASEMENTS FOR THE LOCATION AND INSTALLATION OF ANY PLANNED UTILITIES. Appropriate utility easements will be shown on the fmal plat. Because the plat will not be filcd at the Clerk and Recorder's Office, written utility and acccss easements must bc filed at the Clerk and Recorder's Office prior to final plat approval. Extension of the sewer and water mains to the east property boundary within the 30-foot wide casement on the north edge ofthc property will help to ensure that the adjacent property owner has access to the utilities. F. PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH P ARCEL. Each mobile home lot will havc legal and physical access to a private or public street. VIII. The 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. WHEELER MOBILE HOME PARK SUBDIVISION FINDINGS OF FACT AND ORDER PAGE 5 ORDER After considering all matters of reeord presented at the public hearing and meeting, and considering the applicant's represcntative's request for mitigation of some conditions, the Commission found that thc proposed preliminary plat for the Wheeler Mobile Home Park would comply with the requircments of the Bozeman Area Subdivision Regulations and the Montana Subdivision and Platting Act if ccrtain conditions are imposed on the project. The evidence that justifies the conditions is to cnsure that the final plat complies with all regulations, that appropriate and safe vehicular circulation and parking, pedestrian circulation, and utility access is provided. THEREFORE, IT IS HEREBY ORDERED, on a vote of 5-0, that the subject subdivision be approved, subject to the conditions listed below. A variancc is hereby granted from Section 16.16.040.A ofthe Bozeman Arca Subdivision Regulations, to allow Lots 2-13, Block 1 to have less than a 50-foot lot width. This City Commission ordcr may be appealed by bringing an action in the Eighteenth District Court of Gallatin County, within 30 days aftcr the adoption of this document by the City Commission, by following the procedures of Section 76-3-625, M.C.A. 1. The annexation agreement must be signed by the property owner and the City prior to installation of public infrastructure improvements. If the annexation agreement for the property has been completed and signed by both the property owner and the City Commission prior to July 22, 1996, impact fees will be waived for the existing 13 dwelling units on the property. If the annexation agreement is not signed by both parties by July 22, 1996, the existing units will be subject to full impact fees. 2. An original cloth back and mylar, three paper, and one digital copy of the final plat shall be submitted which reflects how all conditions of approval have been met. The plat shall contain or be accompanied by all signed certificates and documents as required in Section 16.16.030 of the Bozeman Area Subdivision Regulations, including a Platting Certificate. The developer shall have three years from the date ofpre1iminary approval to complete the above conditions and apply for final plat approvaL The final plat shall conform with the requirements of Chapter 16.16 of the Bozeman Area Subdivision Regulations. WHEELER MOBILE HOME PARK SUBDIVISION FINDINGS OF FACT AND ORDER PAGE 6 . 3. Montana Department ofEnvironrncntal Quality approval of the subdivision must occur prior to Final Plat approva~ as must licensing of the mobile home park by the State. A copy of the approval and license shall be submitted with the final plat application. 4. Any development identification sign must comply with the Zoning Ordinance, in that: a) it must be designed as a "low profile" sign; b) cannot be higher than five fcet; and c) cannot exceed 12 sq .ft. in sign area. A sign permit must be obtained from the City Building Department prior to construction of the sign. 5. The Montana Dcpartment of Fish, Wildlife and Parks, Natural Conservation Resource Servicc, Montana Departmcnt of Environmcntal Quality, and the Army Corps of Engincers shall be eontacted regarding the proposed project and any required permits, e.g. 310, 404, Turbidity exemption, etc., and the status of the ditch/stream. Thesc permits shall be obtained prior to initiation of construction and shall be submitted with thc sewer, water and street plans and specifications. No mobile home, addition, porch, deck, parking area or other similar improvements may be located within the 35 foot watereourse sctback if the watercourse is identified by thc controlling agencies as a ditch/stream combination. A ten foot maintenance easement shall be provided on each side ofthe watercourse within the subdivision from the high watermark of the banks. The watercourse setback and maintenance easement shall be noted on the final plat. 6. The developer shall consult with the US Postal Service with regard to mail service, and the type and location of mail receptacles. If a centrally-located bank of mail receptacles is to be used, the location shall be shown on the final plat. 7. The phasing of the subdivision shall be clearly shown on the [mal plat, if appropriate, and Phase I shall commencc from West Babcock Street and go north, to a minimum of including Wcst Mendenhall Strcct. The phasing must be approved by the Planning and Engineering offices. 8. West Mendenhall Street shall be constructed to a full city-standard including curb and gutter, sidewalks and storm drainage facilities from the east boundary of the property to connect to existing West Mendenhall Street to the west. A City standard dead-end barricade shall be installed at the east end of West Mendenhall Street. Sidewalks shall be installed on both sides of W cst Mendenhall Street with Phase 1. City standard drive approaches, i.e., concrete apron, sidewalk section, and drop-curb, shall be constructed on West Mendenhall Street, with each approach being a minimum of 8-feet from the side lot lines. 9. Meghans Way shall be constructcd with a width of 22-feet in order to safely accommodate traffic and shall be constructed with curb and gutter throughout. A minimum of two off-street parking spaccs per lot plus one additional off-street parking space per evcry four lots (per WHEELER MOBILE HOME PARK SUBDIVISION FINDINGS OF FACT AND ORDER PAGE 7 . . subdivision regulations), strategically intersperses throughout the subdivision, shall be provided. The proposed configuration of three off-street parking spaces on every lot, as shown on the preliminary plat, is acceptable, provided all setback requirements are met. The sidewalk on the west side ofMeghans Way shall be a concrete sidewalk. "No Parking" signs shall be installed along both sides of Meghans Way in accordance with the requirements of the Manual of Uniform Traffic Control Devices (M.U.T.C.D.). A detail of the signs and the location of signs shall be shown on the plan and specification construction sheets, and approved by the City Engineer's office. A 4-foot wide curb walk shall be installed around the cul-de-sac fronting on Lot 9, Block 2, to provide pedestrian access to the park. Street marker signs shall be installed at the intersection of West Babcoek Street and Meghans Way, and Meghans Way and West Mendenhall Street. A stop sign shall be installed at the intersection of West Babcock Street and Meghans Way. 10. A note shall be placed on thc final plat that no direct access to West Babcock Street will be permitted from Lots 1 or 30, Block 1. 11. All infrastructure improvements including water and sewer main extensions, public and private streets including curb and gutter, and storm drainage infrastructure improvements shall be financially guaranteed or constructed and accepted by the City prior to final plat approval. Any proposal to phase the installation of infrastructure or streets for the proposed subdivision must be submitted to and approved by the City Engineer in detail prior to initiation of any construction activity. The sewer and water mains shall be extended to the east property boundary within the 30-foot wide easement on the north edge of the property. Sidewalks must be installed at the time a mobile home is placed on a lot. City standard residential sidewalks shall be constructed on all public strect frontages of a property prior to occupancy of any home located on the property. Upon the third anniversary of the final plat approval of any phase ofthe subdivision, the developer shall, without further notice, construct said sidewalk fur the lot(s), regardless of whether other improvements have been made on the lot. This condition shall be included on the plat and in the covenants ofthe subdivision. Plans and specifications and a detailed design report for water and sewer main extensions, storm drain, and the public street, prepared and signed by a Professional Engineer (PE) registered in the State of Montana, shall be provided to and approved by the City Engineer and the Montana Department of Environmental Quality, (sewcr and water only). The applicant shall also provide Professional Engineering services for Construction Inspection, Post-Construction Certification, and preparation of mylar Record Drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a preconstruction conference has been conducted. WHEELER MOBILE HOME PARK SUBDIVISION FINDINGS OF FACT AND ORDER PAGE 8 . . - > Water and sewer improvements must be installed under one phase. Thc sewer and water mains shall be extcnded to the east property boundary within the 30-foot utility easement in the park area, to providc access to the water and sewer mains from the adjoining property to the east. Water and sewer plans and specifications will be reviewed separately from the preliminary plat. Drawings must show accurate utilities location (gas, power, telephone, television). Individual stubs, both water and sewer, may be installed to each lot. The final arrangement of water and sewer services to each individual lot shall be subjcct to review and approval by the City Water/Sewer Superintendent and the City Engineer, including the final decision whether individual meter pits will bc required to scrve each unit. The 13 existing residences must connect to City water and sewer as soon as the infrastructure is in place to serve the units. The existing septic tanks and drain fields must be properly removed and the rernovaldocumented and certified by the developer's professional engineer. No new mobile homes may be moved into the park prior to City acceptance of the subdivision sewer and water infrastructure improvements. Written access/utility easements for the water and sewer main extensions, Meghans Way, West Mendenhall Street, West Babcock Street, and the easement on the north boundary of the property shall be provided from the property owner to the City prior to final plat approval, at a minimum of 30 feet in width, with the utility located in the center of the easement, unless the easements are provided with the Annexation Agreement. In no case shall the utility be less than tcn feet from the edge of the easement. A written public access easement shall be provided for the entire private park area, to ensure public access through the private park from adjoining properties to the adjaccnt public parks. These written easements shall be approved by the City Engineer and filed with the Clerk and Recorder prior to final plat approval. A written utility easement for power, telephone, gas and cable TV shall also be filed with the Clerk and Recordcr' s Office prior to final plat approval. The maximum spacing distance between fire hydrants shall be no greater than 500 feet, with the location shown on the water plans and specifications. The water main in West Mendenhall Street shall be a minimum of 8 inches in diameter. 12. A Storm water Drainage/Treatment Plan for the subdivision for a system designed to removc solids, silt, oils, grease, and other pollutants from the runoff from the public and private streets and all lots must be provided to and approved by the City Engineer. The plan must show detention/retention basin locations and provide easements for adequate drainage ways within the subdivision, if necessary, to transport runoff to an approved stormwater receiving channel. The plan shall include sufficient site grading and elevation WHEELER MOBILE HOME PARK SUBDIVISION FINDINGS OF FACT AND ORDER PAGE 9 . . . . . , . . infonnation (particularly for the basin site and across lot drainage ways), typical stormwater detention/retention basin and discharge structure details, basin sizing calculations and a storm water maintenance plan. 13. If construction activities related to the project result in the disturbance of more than five acres of natural ground, an erosion/sediment control plan may be rcquired. The Montana Department of Environmental Quality, Water Quality Burcau, shall be contacted by the applicant, to determine if a Storm Water Discharge Pcrmit is necessary. If required by the Water Quality Bureau, an erosion/sediment control plan shall be prepared for disturbcd areas of five acrcs or less if the point of discharge is less than 100 feet from State Waters. 14. A landscape plan shall be submitted with the fmal plat which shows the species and planting sizc ofthe trees which are to be planted at 15-foot intervals along the rcar of ALL lots, along the left side (from strcet) at lS-fuot intervals, and the location of one tree to be planted in the interior of each lot near the streets. The planting size shall comply with Section l8.50.100.D.S.(i) ofthe Zoning Ordinance. The trees along thc rear and left side of each lot shaIl bc planted with each phase, or shall be financially guaranteed with an Improvements Agreement. The trees to be planted in the interior of each lot shall be planted at the time new mobile homes are placed on the lots. The landscaping plan shall be prepared and certified by either a registered Montana Landscape Architect; an individual with a degree in landscape design and two years of professional design experience; or an individual with a degrce in a related field and at least five years of professional design experience. 15. The limits of each mobile home lot shall be marked on the ground with a suitable means prior to submittal ofthe plan for final approval. Minimum access width to each mobile homc stand shall be 12 feet, and shall be improved at the time a home is placed on the lot. As noted on the preliminary plat, all new units (i.e. all except Lots 1-12, Block l) shall have a crawl space foundation with 4" concrete walls and be insulated to R -19, or the water service must be altered. As existing units are replaced, crawl spaces will be constructed on those lots. A building permit must be obtained for every crawl space foundation. 16. The existing mobile home located on Lot 1, Block 1 shall be relocated within the boundaries of the lot, and situated so that it will not encroach on any setbacks, or the existing mobile home on Lot I, Block 1, shall be relocated to a new lot within the park, and the "lot" lines of Lots 1-13, Block 1 shall be reconfigured to ensure all amenities for each lot arc kept on the individual lot, and that required setbacks bctween mobile homes are obtained. 17. A copy of the final covenants regarding upkeep of the mobile home park shall be submitted with thc final plat. 18. Paybacks required by the SID 621 Sewer Payback Area and the SID 622 Water Payback Area shall be made prior to final plat approval. WHEELER MOBILE HOME PARK SUBDIVISION FINDINGS OF FACT AND ORDER PAGE 10 . . . .. " . . . . 19. All wire fencing between the common boundary of the Wheeler Mobile Home Park Subdivision and the Westgate and Greenway Subdivisions shall be removed by the developer (including wire and posts). The park area must have all fencing material, construction debris, and other trash removed, and the entire park area shall be leveled and reseeded prior to final plat approval. The public park boundary bordering the private park and private lots shall be delineated at the common private/publie corner pins with flat flexible fiberglass posts, a minimum of 6-feet in length with no less than 2-feet driven into the ground. Each post must be labeled with a permanent glue on sign stating "Park Boundary", and shall be installed prior to completion of Phase 2. The posts shall be equivalent to CARSONITE type - 6 feet long by 3 inches wide, white or brown in color. The sign shall be permanent glue on outdoor type approximately 2 3/4 inches by 14 inches stating PARK BOUNDARY OR PROPERTY BOUNDARY. A pedestrian bridge shall be constructed over the creek from the private park to the public park prior to the completion of Phase 2. Appropriate permits shall be obtained for the bridge (310, etc.). 20. Individual street lights shall be installed at the intersection of each driveway with a public or private street. A detail of the type of light fixture to be used shall be provided with the final plat. The light must be designed to deflect light down and/or away from all adjoining residential property and shall not dctract from driver visibility on adjaccnt streets. The prcliminary approval of this subdivision shall bc 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 of the subdivider, extend its approval as provided for in the Bozeman Area Subdivision Regulations. DATED this..3..r..d..- day of Septemberl996. BOZEMAN CITY COMMISSION BY:L?~ /: ~~~ Don E. Stueck, Mayor ATTEST: APPROVED AS TO FORM: ~.;/~ r-y/' "L {-Cl/r:1 ~~/ 4<f Robin L. Sullivan aul 1. ~ Clerk of the Commission City At ey WHEELER MOBILE HOME PARK SUBDIVISION FINDINGS OF FACT AND ORDER PAGE 11