Loading...
HomeMy WebLinkAbout96- Gretchen Woodhull - "I l' ~ . BEFORE THE BOZEMAN CITY COMMISSION CITY OF BOZEMAN, MONTANA IN THE MATTER OF THE APPLICA nON OF W ALTER AND FINDINGS OF F ACT GRETCHEN WOODHULL FOR PRELIMINARY SUBDIVISION AND ORDER PLAT APPRO V AL OF A TWO LOT MINOR SUBDIVISION OF TRACT 2 AND THE EAST 15 FEET OF TRACT 3 OF MOUNTAIN VISTA, A SUBURB OF BOZEMAN PURSUANT to the Montana Subdivision and Platting Act, Section 76-3-10 I 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 1.109 acres known as Tract 2 and the East 15 feet of Tract 3 of Mountain Vista, a Suburb of Bozeman, into two residential lots, as submitted by the applicants, together with the required supplementary plans and information, to detennine if the information submitted meets the requirements of the Bozeman Area Subdivision Regulations and the Montana Subdivision and Platting Act. It appearcd to the City Commission that all parties and the public wishing to appear and comment at 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, makcs the following Findings of Fact, as requircd: FINDINGS OF FACT 1. The application was madc on July 31, 1996. The property currently contains a single-family home which is served by a well and on-site septic system. The subdivision will create two lots, Lot FINDINGS OF FACT AND ORDER - WOODHULL MINOR SUBDIVISION PAGE 1 . , 1 win bc 18,871 sq.ft., and contains the existing residence. Lot 2 will bc 29,420 sq.ft., and win be available for multi-family development. Water is available in South 20th Avenue to serve the two lots. Sewer is not currently available. Finding that the subdivision met with the criteria outlined in Section 16.08.030 of the Bozeman Arca Subdivision Regulations were 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 revicw and recommendation to the Bozeman City Commission. II. The matter was considered by the Bozeman City-County Planning Board on August 20, 1996. No members of the public spoke at the meeting and no written comment was received. The applicant objected to Staffrecomrnended condition of approval no. 4, which required the applicant to extcnd City of Bozeman sanitary sewer services to serve both lots. The Planning Board considered her testimony which included a statement that South 20th Avcnue was paved and a water main installed in the early 1980s via an SID which cost the applicant $12,500, and that a sewer main was not installed at that time. The applicant further indicated that they do not intend to develop Lot 2, and requested that a future developer be required to extend the scwer. FINDINGS OF FACT AND ORDER - WOODHULL MINOR SUBDIVISION PAGE 2 . .; , . After noting that specifics regarding the sewer situation were not discussed during Development Review Committee meetings, the Planning Board directed the Planning Staff to further rcsearch the issue of public and private sewer mains with the Engineering Staff, and supply that information to the City Commission. After fmding that the application was properly submitted and reviewed under the procedures of the Bozeman Area Subdivision and Montana Subdivision and Platting Act, the Planning Board voted to recommend conditional approval of the application to the City Commission. lIT. The application was considered by the Bozeman City Commission at their regular meeting on September 3, 1996. The Commission weighed the proposed subdivision against the applicablc 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 survey requirements will be complied with when the final plat is filed. 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 proecdures of the Bozeman Area Subdivision Regulations. D. PROVISION OF EASEMENTS FOR THE LOCATION AND INSTALLATION OF ANY PLANNED UTILITIES. Section 18.50.030.D ofthe Bozeman Zoning Ordinanee requires all newly created building lots and/or building sites inside the city limits to be providcd with central water and sanitary sewer systems. Sewer service is available by accessing a sewer main west and slightly north FINDINGS OF FACT AND ORDER - WOODHULL MINOR SUBDIVISION PAGE 3 .;. .' of the subjeet property, and the sewer main should be extended to serve the subdivision. The City's engineering records indicate a payback to the developer of that sewer main is not required. The extension of sewer to serve this property will further promote the purpose of the Bozeman Area Subdivision Regulations (Section 16.02.040) by promoting the public health, safety, and general welfare by providing adequate light, air, water, drainage and sanitary facilities. The connection of the existing home to city water and sewer services will benefit the environment by the abandonment of an on-site septic system. Utility easements must be shown on the fma1 plat. The sewer improvements, as all subdivision conditions, must be installed within three years of final plat approval. The applicant could contract with a potential buyer of Lot 2 to complete that installation. F. PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEL. Legal and physical access will be provided to each parcel. ORDER After considering all matters of record presented at the public hearing and 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 2 and the East 15 feet of Tract 3 of Mountain Vista, a Suburb of Bozeman into two residential lots, be approved subject to the conditions listed below. The evidence that justifies the recommended conditions is to ensure that the final plat complies with all zoning and subdivision regulations, that the development of the subdivision will not adversely impact the immediate area, and appropriate sewer services are provided to the property. 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 document by the City Commission, by following the procedures of Section 76-3-625, M.C.A. FINDINGS OF FACT AND ORDER - WOODHULL MINOR SUBDIVISION PAGE 4 . .. ~ '. . . ~ The conditions of approval for this subdivision arc as follows: 1. The final subdivision plat shall address all applicable requirements of the Bozeman Area Subdivision Regulations, conform to the Standards for Final Subdivision Plats of thc Bozeman Area 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 County Treasurer must be amended, and a Certificate of Improvements added. Two cloth back and two mylar originals must be submitted for final review, as must a digital copy ofthe plat, if the applicant's surveyor has the equipment to produce a digital copy. 2. Approval of thc subdivision by the Subdivision Program of the State Department of Environmental Quality shall occur prior to final subdivision plat approval, pursuant to Sections 16.16.10 I through 16.16.805, ARM. 3. Twenty foot wide utility casements shall be provided on thc plat, with the casements centered along the side and rear of all lot lines wherever possible. 4. City of Bozeman sanitary sewer services shall be extcnded to serve both lots. Plans and specifications for the main extension, prepared and signed by a Professional Engineer (PE) licensed in the State of Montana, shall be provided to and approved by the City Engineer and Montana Department of Environmental Quality (DEQ). The subdivider shall also provide Professional Engineering services for Construction Inspection, Post-Construction Certification, and preparation of mylar Record Drawings. Spccific 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, specifications and shop drawings have been approved and a preconstruction conference has been conducted. The sewer main extension shall be constructed or financially guaranteed prior to final plat approval. No building permit win be issued for Lot 2 prior to City acceptanee of the in frastructure improvements. 5. The existing residence shall eonnect to City water and sewer services at the time sewer service is available. The existing well may then be used for irrigation purposes only. The existing septic tank and drain field shall be pumped, filled or removed, with the work certified by the subdivider's professional engineer, prior to final plat approval. 6. The subdivider/property owner shall provide and file with the Final Plan an executed Waiver of Right to Protest the Creation of Special Improvement Districts (SIDs) for street improvements to West College Street, including paving, curb and gutter, sidewalks, and storm drainage. The Waiver shall specify that in the event SIDs arc not utilized for the completion of this project, the property owner(s) shall agree to participate in an alternate fmancing FINDINGS OF FACT AND ORDER - WOODHULL MINOR SUBDIVISION PAGE 5 ~-- . .. .-. ' .. ... . . ' . .. method for completion of said improvements on a fair share, proportionate basis as detcrmined by square footage of the property, linear front footage of the property, taxable valuation of the property, or a combination thereof. The preliminary approval ofthis subdivision shall be cffective for three (3) ycars from the datc 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 7th day of October , 1996. BOZEMAN CITY COMMISSION By:{Q t: ./f~ Don E. Stueck, Mayor ATTEST: APPROVED AS TO FORM: G1t/~ ,'1 ? /.'''~'''', /,' / .r;, /("(:ll' i ..'iYii((/-{:"; Robin L. Sullivan Paul 1. L~e .- Clerk of the Commission City Att6rney FINDINGS OF FACT AND ORDER - WOODHULL MINOR SUBDIVISION PAGE 6