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HomeMy WebLinkAbout97- Dennis and Joni Balian at Yellowstone Peaks Mobile Home Park . . . , BEFORE THE BOZEMAN CITY COMMISSION CITY OF BOZEMAN, MONT ANA IN THE MATTER OF THE APPLICATION OF DENNIS FINDINGS OF FACT AND JONl BALIAN FOR PRELIMINARY SUBDIVISION AND ORDER PLA T APPROVAL OF THE YELLOWSTONE PEAKS 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 ofthe Bozeman Area Subdivision Regulations, the Bozeman City Commission reviewed the proposed Preliminary Subdivision Plat for the Yellowstone Peaks Mobile Homc Park Subdivision to create a new mobile homc park for 35 mobile home lease spaces and one existing site built homc, as submitted by the applicant, together with the required supplcmcntary plans and information, to determine if the information submitted meets the rcquirements of thc Bozeman Area Subdivision Regulations and the Montana Subdivision and Platting Act, and in addition, to consider the rccommendation 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 givcn 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: YELLOWSTONE PEAKS MOBILE HOME PARK SUBDIVISION FINDINGS OF FACT AND ORDER PAGE 1 , , .. FINDINGS OF FACT 1. The application for the Yellowstone Peaks Mobile Home Park Subdivision was made on Novembcr 1,1996. Notice of Public Hearing before the Bozeman City-County Planning Board and the public meeting bcfore the Bozcman City Commission was published in the Bozeman Daily Chronicle on Dccember 1, 1996, and was mailed by Certified mail, return receipt requested, to adjoining property owners on Novcmber 25, 1996. II. The matter was heard before the Bozeman City-County Planning Board on Dceember 17, 1996. No members of the public spoke at the hearing, and no written testimony was received regarding the application. III. After finding the application was properly submitted and reviewed under the procedures of the Bozcman Area Subdivision Regulations, the Planning Board reviewed and considered the review criteria established in Title 76-3-608, M.C.A. for the review of preliminary subdivision plats. The Planning Board also considered the testimony from the developer regarding mitigation of recommended condition no. 7, to clarity the amount ofpavcmcnt needed on West Mendenhall Street, and condition no. 11, to eliminate the requiremcnt for a minor subdivision for the purpose of dedicating West Babcock and West Mendenhall Streets, and agrced to the requested amendments. IV. The Planning Board grantcd a waiver of the completion of the Environmental Assessment and Community Impact Statement, as the information can be found in the Bozeman Area Master Plan. YELLOWSTONE PEAKS MOBILE HOME PARK SUBDIVISION FINDINGS OF FACT AND ORDER PAGE 2 . V. The Bozeman City-County Planning Board reviewcd the proposed off-street parking arrangements for the subdivision, and expressed concern that while the development met the minimwn requiremcots of the Subdivision Regulations, the proposed parking may not be viable. The Planning Board requested that the applicant and Planning Staff review the proposed parking and make amendments to the arrangement, if possible. VI. Following their review, the Planning Board found that the application complied with the required criteria, and on a vote of 7 -I, forwarded the application to the City Commission with a recommcndation of conditional approval. VII. The application was considered by the Bozeman City Commission at their regular meeting on January 3, 1997. The Commission weighed the proposed subdivision against the review criteria established by Statute, and found as follows: A. PRIMARY REVIEW CRITERIA 1) Effect on Agriculture. The front portion of the property is used for a single family residence; the remainder of the tract is sometimes used for horse pasture. As the property is surrounded by city limits on three sides, and due to the small acreage currently vacant, no effect on agriculturc was identified. 2) Effects on Agricultural Water User Facilities. No agricultural water user facilities have been identified on the property. 3) Effects on Local Services. Local services will be provided to the site by the City of Bozeman once the property is annexed. The provision of security lighting at the driveways will address concerns by thc Police Department by assisting is crime safety/prevention. The impact of additional development on West Babcock Street will not be adverse, as the subject property was previously granted preliminary plat YELLOWSTONE PEAKS MOBILE HOME PARK SUBDIVISION FINDINGS OF FACT AND ORDER PAGE 3 . . approval for a 44 unit townhouse subdivision, and the subject mobile home park subdivision will gencrate approximately 80 less average weekday trips per day than the previously approved townhouse subdivision. 4) Effects on Natural Environment. The removal of the existing septic tank and drain ficld and connection ofthe existing residence to City sewer services will be beneficial to thc natural environment, as will the use of City services for the further development of the property, due to the high ground water table in the area. 5) Effects on Wildlife and Wildlife Habitat. No negative effects on wildlife or wildlife habitat werc identified in this growing urban area. 6) Effccts on Public Health and Safety. The provision of Waivers of Right to Protest the Creation of Future SIDs for improvements to West Babcock Street will assist in the future improvement to this street. The construction of Sunlight A venuc to a width of22 feet, which is the minimum width permitted in the Subdivision Regulations for a mobile home park collector strcet, will safely accommodate vehicle traffic, and a concrete sidewalk on onc side of the private street will safety accommodate pedestrians. Due to the narrowness of thc private street, no street parking will be allowcd. Mendenhall Strcct will be constructed to a city-standard, with sidewalks on both sides of the strect, to cnsure the continuity of the public strect. A written public access casement for the cntire private park area will help to ensure public access through the private park from adjoining propcrties to the adjacent public parks. As standard street lights are not utilized in this arca of the City, the provision of individual driveway at thc intersection of caeh drivcway with a public or private street will contribute to the public's safety. The lights must be shielded so they do not causc undue glare to the street, which could obstruct the vision of vehicle drivers. B. COMPLIANCE WITH SURVEY REQUIREMENTS PROVIDED FOR IN PART 4 OF THE MONTANA SUBDIVISION AND PLATTING ACT. These survey requirements do not apply to mobile homc park subdivisions. C. COMPLIANCE WITH BOZEMAN AREA SUBDIVISION REGULATIONS. The subdivision complies with thc standards of Chapter 16.16 of the Bozeman Area Subdivision Regulations. YELLOWSTONE PEAKS MOBILE HOME PARK SUBDIVISION FINDINGS OF FACT AND ORDER PAGE 4 . . D. COMPLIANCE WITH THE REOUIRED SUBDIVISION REVIEW PROCEDURES. The application complies with the subdivision review procedures. E. PROVISION OF EASEMENTS FOR THE LOCATION AND INSTALLATION OF ANY PLANNED UTILITIES. Appropriate written access and utility easements must be provided and filed with the Gallatin County Clerk and Recorder's Office prior to final plat approval. Extension of the water main to the east property boundary will hclp to ensure that the adjacent property owner has access to the utilities. F. PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEL. Each mobile home lot will have legal and physical acccss 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. ORDER After considering all matters of record presented at the public hearing and meeting, the Commission found that the proposed preliminary plat for the Yellowstone Peaks Mobile Home Park would comply with the requirements ofthe Bozeman Arca Subdivision Regulations and the Montana Subdivision and Platting Act if ecrtain 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 safc vehicular circulation and parking is provided, and adequate public access and utility easemcnts are provided. YELLOWSTONE PEAKS MOBILE HOME PARK SUBDIVISION FINDINGS OF FACT AND ORDER PAGE 5 . . . , 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 bc appealed by bringing an action in the Eighteenth District Court of Gallatin County, within 30 days after the adoption of this documcnt by the City Commission, by following the procedures of Section 76-3-625, M.C.A. 1. The annexation agreement, including all required waivers, easements, and fees, must be signed by the property owners and accepted by the City prior to the installation of public infrastructure improvements. The existing residence will be subject to impact fees, with the street and fire impact fees paid at the time of annexation, and water and sewer impact fees paid at the time the residence is connected to these City services. 2. An original cloth back and mylar, three paper, and one digital copy of thc 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 rcquired in Section 16.16.030 of the Bozeman Area Subdivision Regulations, including a Platting Certificate. The developer shall have three years from the date of preliminary approval to complete the above conditions and apply for final plat approval. The fmal plat shall conform with the requirements of Chapter 16.16 of the Bozeman Area Subdivision Rcgulations. 3. Montana Dcpartmcnt of Health and Environmental Sciences approval ofthc subdivision must occur prior to Final Plat approval, as must liccnsing of the mobile home park by the State. A copy ofthe approval and license shall bc submitted with the final plat application. 4. Any development idcntitication sign must comply with the Zoning Ordinance, in that: a) it must bc designed as a "low profile" sign; b) cannot be higher than five feet; and c) cannot cxcced 12 sq.ft. in sign arca. A sign permit must be obtained from the City Building Department prior to construction of the sign. 5. The Montana Department of Fish, Wildlife and Parks, NCRS, Montana Department of Environmcntal Quality, and thc Anny Corps of Engineers shall be contacted regarding the proposed project and any required permits, i.c. 310, 404, Turbidity exemption, etc. These permits shall bc obtained prior to initiation of construction and shall be submitted with the sewer, water and street plans and specifications. YELLOWSTONE PEAKS MOBILE HOME PARK SUBDIVISION FINDINGS OF FACT AND ORDER PAGE 6 . . . . 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, thc location and acccss shall be shown on the final plat. 7. West Mendenhall Street within the subjcct propcrty shall be constructed to a full city-standard including curb and gutter, sidewalks and stonn drainage facilities. A street section design will be required to be submitted to and approved by the City Engineering Department for West Mendenhall Street. Sidewalks shall be installed on both sides of West Mendenhall Street at the time the street is constructed. The developer shall construct West Mendenhall Street from the east boundary of the subject property to the existing edge of pavement to a minimum paved County standard. Plans and specifications for this section of street improvements must be reviewcd and approved by the County Road Office prior to construction of the road. Any private drive approaches to West Mendenhall Street shall be constructed in accordance with the City's standard approach, i.e., concrete apron, sidewalk scction, and drop-curb, with approaches being a minimum of 8-fcct from the subdivision property lines. A note shall be placed on the final plat indicating that there shall be no direct acecss to West Babcock Street from Lot 36. 8. Sunlight Avenue shall be constructed as a 22-foot wide private street with concrete curb and gutter throughout, and shall be designated as a ftre lane. Both sides of the street shall be posted "No Parking, Fire Lane" in accordance with the requirements of the Manual of Unifonn Traffic Control Devices (M.U.T.C.D.). The curbing on both sides of Sunlight Avenue shall be painted yellow. A detail ofthe signs and the location of signs shall be shown on the plan and specification construction sheets, and approved by the City Engineer's office. Maintenance of the signs and curb painting shall be the responsibility of the property owners. The sidewalk on the west side of Sunlight A venue shall be a concrete sidewalk. If the sidewalk along Sunlight Avenue is not in stall cd at the time Sunlight Avenue is constructcd, the sidewalks must be installed at the timc a mobile home is placed on each space. Upon the third anniversary of the final plat approval of the subdivision, the devcloper shall, without further noticc, construct said sidewalk, regardless of whether mobile homes have been placed on all spaces or not. This condition shall be includcd on the plat and in the covenants of the subdivision. A combination Street LD./Stop Sign shall be installed at the intersection of West Babcock Street and Sunlight Avenue. A Street LD. Sign shall be installed at the intcrsection of West Mendcnhall Street and Sunlight A venue. YELLOWSTONE PEAKS MOBILE HOME PARK SUBDIVISION FINDINGS OF FACT AND ORDER PAGE 7 . . . 9. All access roads within the subdivision shall be maintained by the property owner at a minimmn of 20-foot clear and unobstructed width at all times. This provision shall be included on the plat and in the covcnants of the subdivision. 10. All infrastructure improvements including water and scwcr main extensions, public and private strects including curb and gutter, sidewalks and storm drainage infrastructure improvements shall be constructed and accepted by the City prior to final plat approval. Any proposal to phase the installation of infrastructure or strcets for the proposed subdivision must be submitted to and approved by the City Engineer in detail prior to initiation of any construction activity. Plans and spccifications and a dctailed design report for water and sewcr main extensions, storm drain, and the public strect, prcpared and signcd by a Professional Engineer (PE) rcgistered in the State of Montana, shall be provided to and approved by the City Engineer and the Montana Department of Environmental Quality, (sewer and water only). The developcr shall also provide Professional Enginecring services tor 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. The final arrangcment of water and sewer services to each individual lot shall be subject to revicw and approval by the City Water/Sewer Superintendent and the City Engineer. Bcnchmark elevations for all new fire hydrants shall be certified by a Professional Engineer or Land Surveyor registered in thc Statc of Montana, and the elevations provided to the City Engineering Department. 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 watcr main in West Mendenhall Street shall be a minimwn of 8-inches in diameter. This main shall be stubbed to the cast property boundary. The existing residence shall connect to City water and scwer as soon as the infrastructure is in placc to serve the structure. The existing septic tank and drain field must be propcrly removed. and the rcmoval docwnented 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, and completion of final plat requirements. 11. Unless appropriately dedicated on a minor subdivision plat or an amended plat, or filed with the Annexation Agreement, written access/utility easements for the water and sewer main extel1.'iions, Sunlight Avenue, the sidewalk along Sunlight Avenue, West Mendenhall Street, West Babcock Street, and the casement on the north boundary of the property shall be YELLOWSTONE PEAKS MOBILE HOME PARK SUBDIVISION FINDINGS OF FACT AND ORDER PAGE 8 - ------- . .. " provided from the property owner to the City prior to final plat approval. Easements for the watcr and scwer main extensions shall bc a minimum of 30 feet in width with the utility located in the center of the casement. In no ca~c ~hall the separation between water and sewer mains be less than II fcet. A 23-foot wide public access easemcnt shall be granted for Sunlight Avenue. A four-foot wide public access easemcnt shall be granted for the sidewalk. These written eascments shall be approved by the City Engineer and filed with the Clerk and Recorder prior to fmal plat approval. A written utility easement for power, telephone, gas and cable TV shall also be filed with the Clerk and Recorder's Office prior to fmal plat approval. Unless otherwise dedicated, a 45-foot wide Public Access and Utility Easement along the property's West Babcock Street frontage shall be granted to the City prior to final plat approval. Also unless otherwise dedicated, a 60-foot wide Public Access and Utility Easement for West Mendcnhall Street shall be granted to the City prior to final plat approval. Building setback~ shall be measured from the edge of the Sunlight A venue access easement. 12. A Storm water Drainagc/Treatment Plan for the subdivision for a system designed to remove 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 Storm water receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin sitc and across lot drainage ways), typical Storm water detention/retention basin and discharge structure details, basin sizing calculations and a Storm water maintenance plan. The retention basin as shown on the prcliminary plat would have to be approximately three feet deep to provide the necessary volume. The applicant should consider ways to reduce this depth to one and one-half feet. 13. If construction activities rclated to the project result in the disturbance of more than five acres of natural ground, an erosion/sediment control plan may be required. The Montana Department of Health and Environmental Sciences, Water Quality Bureau, shall be contacted by the applicant, to determine if a Storm Water Discharge Permit is necessary. If required by the WQB, an erosion/sediment control plan shall be prepared for disturbed areas of five acres or lcss if the point of discharge is less than 100 feet from State Waters. 14. Per Section 16.16.040.0, Bozcman Area Subdivision Regulations, landscaping shall be provided betwecn the mobile home park and adjacent properties. A landscape plan shall be submitted with the final plat which shows the location, species and planting size of plants to be used. At a minimum, trees shall be planted at I 5-foot intervals along the rear of ALL lots YELLOWSTONE PEAKS MOBILE HOME PARK SUBDIVISION FINDINGS OF FACT AND ORDER PAGE 9 , . ~ . - . . (including the park lot to the north), along the left side (from street) at 15-foot intervals, and one tree shall be plantcd in the interior of each lot ncar thc streets, when possible. The planting size shall comply with Section 18.50.l00.D.5.(i) of the Zoning Ordinance. The trees along the rear and left side of cach lot shall be planted prior to final approval. 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 degrcc in landscape design and two years ofprofcssional design expcrience; or an individual with a degree in a related field and at least five years of professional dcsign experience. 15. The limits of each mobile home lot shall be marked on the ground with a suitable means prior to submittal of the plan for final approval. Minimum access width to each mobile home stand shall be 12 feet, and the access shall be improved at the timc a home is placed on the lot. 16. The location of and an enclosurc detail for trash rcceptacles must be shown on the final plat and shall be approved by the Street/Sanitation Superintendent. 17. Section 7, Special Tcrms, of the Rcntal Agreement, shall be expanded to reference No Parking on Sunlight Avenue. A copy of the [mal covenants/lease agreement containing all required changes and notations shall be submittcd with the final plat. 18. Payback required by thc SID 621 Main Mall Sewer Payback Area and the SID 622 Watcr Payback Area shall be made prior to final plat approval. 19. The final plat shall cnsure that 11 % of the lot arca is reserved for usable recreational area. The conducive use of the retention arca as park land must bc agreed to by the City Park Superintendent and Planning Office. If it is determined that the retention area is not conducive to recreational use, park improvements, such as playground equipment, shall be installed by the developer to offset the decrease of usable recreational area. All wire fencing between the common boundary of the Yellowstone Pcaks Mobile Home Park Subdivision and the Yellowstone Peaks Mobile Home Park and Grcenway Subdivisions, as well as within the Wcst Babcock Street right-of-way/public access easement shall be rcmoved by the developer (including wire and posts). The park arca must have all fcncing material, construction debris, and other trash removed, and the entirc park area shall be leveled and reseeded prior to final plat approval. A written public access easement shall be provided for the entirc private park area, to ensure public access through the private park from adjoining properties to the nearby public parks. The writtcn casement shall be approved by the Public Service Director and filed with the Clerk and Recorder prior to final plat approval. YELLOWSTONE PEAKS MOBILE HOME PARK SUBDIVISION FINDINGS OF FACT AND ORDER PAGE 10 , , . . . 20. Individual driveway 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. Lights shall be shielded so they do not cause undue glare to the street. The lights may be installed as each home is placed in the park. 21. Unless otherwise already provided, the property owners shall provide and file with the County Clerk and Recorder's Office executed Waivers of Right to Protest Creation of SIDs for street improvements to West Babcock Street and West Mendenhall Street, including paving, curb & gutter, sidewalk and storm drainage. The preliminary approval ofthis subdivision shan be effective for three (3) years from the date of adoption of this document by the City Commission. At the end ofthis period the City Commission may, at the written request ofthe subdivider, extend its approval as provided for in the Bozeman Area Subdivision Regulations. DATED this 3rd day of February ,1997. BOZEMAN CITY COMMISSION By: ( O~ /: /3.7::4----1, Don E. Stueck, Mayor ATTEST: APPROVED AS TO FORM: (Jt ,/~ c) / /"L-{ Robin L. Sullivan ". Clerk of the Commission YELLOWSTONE PEAKS MOBILE HOME PARK SUBDIVISION FINDINGS OF FACT AND ORDER PAGE 11