Loading...
HomeMy WebLinkAbout97- Eugene Graf III at Graf Minor Subdivion '. , ., , GRAF MINOR SUBDIVISION FINDINGS OF FACT AND ORDER Page 1 BEFORE THE BOZEMAN CITY COMMISSION CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA IN THE MATTER OF THE APPLICATION OF FINDINGS OF FACT EUGENE GRAF III FOR PRELIMINARY AND ORDER SUBDIVISION PLAT APPROVAL OF THE GRAF MINOR SUBDIVISION PURSUANT to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-614, Montana Codes Annotated, the Bozeman Area Subdivision Regulations, and the Bozeman Area Master Plan, the Bozeman City Commission reviewed the proposed Preliminary Subdivision Plat of a three-lot minor subdivision with two variances, as submitted by the applicant, together with the required supplementary plans and information, to determine if the submitted information meets 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 comment 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: FINDINGS OF FACT I. The application for approval of the creation of a three-lot minor subdivision with two variances was made on February 14, 1997. The requested variances were from the Bozeman Area Subdivision Regulations Section 16.12.040, to allow streets that are less than City standards, and Section 16.26.040, to allow Lots 1 and 2 to be platted using well water rather than a central water distribution system. The property is located in the E. 1/2 of Section 35, T2S, R5E, PMM, Gallatin County, Montana, and is more particularly described as Tract C-1 A of Certificate of Survey #1979. The owners, Estate of Eugene .= . , GRAF MINOR SUBDIVISION FINDINGS OF FACT AND ORDER Page 2 Graf Jr. and Genevieve Graf, are proposing the subdivision of 148.44 acres of land to create three lots. Lots 1 and 2 would be available for development, while Lot 3 would be further developed at a future date. II. The subdivision of five or fewer parcels may be eligible for minor subdivision review and approval when the criteria outlined in Section 16.08.030 of the Bozeman Area Subdivision Regulations are met. It was found that the subject subdivision with variances is eligible for minor subdivision review. The Bozeman City-County Planning Office forwarded the subdivision submittal to the Bozeman Development Review Committee and other appropriate agencies for their review and comment, per Section 16.08.030.C of the Subdivision Regulations. Those comments, along with those of the City-County Planning Staff, were then incorporated into a Staff Report which was forwarded to the City Commission for their consideration. III. The Bozeman City-County Planning Board considered the application at meetings on March 18 and April 1, 1997. The City-County Planning Board found that the application was properly submitted and reviewed under the procedures of the Bozeman Zoning Ordinance and Bozeman Area Subdivision Regulations, found one member of the public who expressed concerns regarding traffic impacts of the subdivision, found two members of the public who submitted written comments regarding traffic impacts and landscaping of the subdivision, and found that the subdivision complied with the Bozeman Area Master Plan. Consequently, the City-County Planning Board forwarded this application with a recommendation of approval of the subdivision and two variances to the City Commission for final decision. IV. The matter was considered by the Bozeman City Commission on April 7, 1997 during a public hearing. A Staff Report by the City-County Planning Staff, which included . . , GRAF MINOR SUBDIVISION FINDINGS OF FACT AND ORDER Page 3 the Planning Board's recommended conditions of approval was provided for the consideration of the Commission. V. As this minor subdivision is proposed in an area where a master plan has been adopted, and the proposed subdivision will comply with the plan, the subdivision is exempt from the primary review criteria contained in Section 76-3-608 (6)(a), Subsection (3)(a), but it is subject to applicable zoning regulations. The criteria in subsection (3)(a) include the effect on agriculture, agricultural water user facilities, local services, the natural environment, wildlife and wildlife habitat, and public health and safety. There are some requirements for review of subdivisions which apply in all cases. These are: compliance with the survey requirements in Part 4 of the Montana Subdivision and Platting Act; compliance with the applicable regulations of the Bozeman Area Subdivision Regulations; provision of easements as deemed necessary by the City Commission; and provision of legal and physical access to each parcel of the subdivision. Review of the proposed subdivision found that the subdivision will meet the above requirements when the conditions of approval are met. VI. On hearing a review of the staff report, hearing comments from the applicants, and hearing no additional comment from the public, the Commission found that the proposed subdivision with two variances complies with the Bozeman Area Master Plan and Bozeman Area Subdivision Regulations, complies with the necessary requirements for approval of variances, and, as modified with conditions, does not detrimentally affect the review criteria established by State statute. The evidence that justifies the conditions is to ensure that the final plat complies with all regulations, that appropriate and safe vehicular circulation is provided, and adequate public access and utility easements are provided. . GRAF MINOR SUBDIVISION FINDINGS OF FACT AND ORDER Page 4 ORDER IT IS HEREBY ORDERED that the Preliminary Subdivision Plat of a three-lot minor subdivision with two variances, as described above, for the Estate of Eugene Graf Jr. and Genevieve Graf be approved, subject to the following conditions: 1. The Final Plat shall not be approved until the subject property is annexed to the City. If the subdivision is to proceed without annexation, the preliminary plat approval for this application shall be void. The proposal shall be modified to meet the new circumstances and resubmitted as a new application subject to a new review and separate conditions. 2. The Final Plat shall not be approved until the Zone Map Amendment for the subject property takes effect. If the ZMA is not approved, approval for this subdivision application shall be void. 3. If the subdivision variance to allow the use of a private well rather than a central distribution system is approved, the variance shall apply only to Lots 1 and 2. 4. No applications for further development of Lot 3 will be accepted until a subdivision proposal for Lot 3 is platted and recorded and provision of City water is accomplished. A note to that effect shall be placed on the Final Plat in an easily visible location. 5. The Final Plat application shall include a Public Open Space I Linear Trail Corridor Easement along the general course of all streams on the property. The easement shall be of a width to accommodate any meandering stream channel and a 6 foot public trail, with a minimum width of 70 feet. Design and location of the corridor may be modified with review and written approval by the Bozeman Recreation & Parks Advisory Board. 6. A 35 foot watercourse setback on either side of the channel edge shall be maintained, as required in the BZO. If the streams are to be realigned to the edges of the property, the watercourse setback shall be maintained entirely on the subject property to the point where the stream currently leaves the property. If the setback is anticipated to be moved onto an adjacent property, the subdivider shall obtain authorization from that property owner in the form of a notarized acknowledgement or affidavit, which is provided to the Planning Office. . GRAF MINOR SUBDIVISION FINDINGS OF FACT AND ORDER Page 5 7. The applicant shall provide documentation that all proposed off-site City utility service main extensions are accompanied by the appropriate easements across adjacent properties. 8. The Final Plat shall show a 30 foot reciprocal shared access easement centered on the property line between Lots 1 and 2. 9. The street name of the proposed street shall be submitted to the City for final approval. The approved street name shall be included on the Final Plat and distinctly associated with the dedicated right-of-way. 10. The Final Plat shall include provisions to facilitate existing drainage patterns on Lot 3 to cross the proposed street and Lots 1 and 2. 11. The Final Plat shall conform to all requirements of the Bozeman Area Subdivision Regulations and the Uniform Standards for Final Subdivision Plats and shall be accompanied by all appropriate documents and all required, appropriately-worded City certificates, including a Platting Certificate. Two mylar and two clothback copies of the Final Plat must be submitted for Final Plat approval, along with a digital copy of the Final Plat, on a double sided, high-density 3-1/2" floppy disk. 12. Department of Environmental Quality approval shall be obtained for the release of sanitary restrictions for the subdivision prior to final plat approval, with a copy of the release submitted with the final plat application. 13. A Property Owner's Association, or other form of agreement deemed acceptable to the City of Bozeman, shall be formed to deal with common property issues as listed below. A copy of the legal documentation shall be reviewed and approved by the Planning Office and City Attorney, and shall be recorded with the final plat. The above Association or other form of agreement shall address: the consistent appearance of streetscape elements; responsibility for care and maintenance (including snow removal) of open spaces, street and pedestrian facilities; control of noxious weeds; maintenance of fences bordering agricultural lands; and a section noting the following: Lot owners and residents of the subdivision are informed that adjacent uses may be agricultural. Lot owners accept and are aware that standard agricultural and farming practices can result in dust, animal odors, smoke, flies and machinery noise. Standard agricultural practices feature the use - . GRAF MINOR SUBDIVISION FINDINGS OF FACT AND ORDER Page 6 of heavy equipment, chemical sprays and the use of machinery early in the morning and sometimes late into the evening. That no part of the legal documentation, establishing the above Association or other form of agreement, may be amended or revoked without the mutual consent of the owners, in accordance with the amendment procedures noted in the legal documentation, and the governing body of the City of Bozeman. 14. The Covenants and a list of conditions of preliminary plat approval shall be submitted to the City Attorney's Office at least 30 days prior to scheduling a hearing for final plat approval. The Attorney's Office shall review and approve the covenants prior to final plat approval. 15. All utilities shall be installed underground. Utility easements, a minimum of 20-feet wide, shall be provided along side and rear lot lines. They shall be centered on the lot lines wherever possible, and shall be shown on the final plat. 16. If street trees are located along the property line outside the public right-of- way, the twenty (20) foot wide utility easements located along the subdivision interior street(s), North 19th Avenue, Valley Center Drive and Baxter Lane may be setback from the property line to accommodate landscaping and the installation of boulevard trees. The altered utility easement shall be noted accordingly on the Final Plat. 17. Prior to any future subdivision of Lot 3, the applicant shall establish a pedestrian and bicycle trail system that, at a minimum, implements the trailway system established in the North 19th Avenue/Oak Street Corridor Master Plan and the 1990 Bozeman Area Master Plan Update. 18. The developer shall have three years from the date of preliminary approval to complete the above conditions and apply for final plat approval. Prior to Final Plat approval, the subdivider shall install the required improvements, or with permission from the Bozeman City Commission, enter into a written subdivision improvements agreement with the Bozeman City Commission guaranteeing the construction and installation of all required improvements in conformance with all policies, standards, and resolutions adopted by the City of Bozeman, or receive a variance from the applicable regulation. The improvements agreement shall stipulate, among other things, which type of security arrangements the subdivider elects to use and the time schedule the subdivider proposes for accomplishing the required improvements and shall . . . GRAF MINOR SUBDIVISION FINDINGS OF FACT AND ORDER Page 7 include the subdivider's warranty against defects in these improvements for a period of one year from the date of their written acceptance by the City of Bozeman. 19. Prior to any future subdivision of Lot 3, the applicant shall establish developmental guidelines for Lot 3 containing architectural and landscape guidelines that establish a high-quality, aesthetically pleasing development and unified plan that is consistent with the goals and objectives of the North 19th Avenue/Oak Street Corridor Master Plan. 20. The final subdivision plat shall contain a twenty (20) foot wide "Public Open Space/Linear Trail Corridor Easement" along the north boundary of Lot 1 and Lot 2 that will link the public trailway system between East and West Catron Creek, for review and approval by the Planning Office prior to Final Plat approval. Design and location of the corridor may be modified with review and written approval by the Bozeman Recreation & Parks Advisory Board. 21. Unless the requested variance for curb and gutter is approved, the improvement of the public street in the minor subdivision shall include integral curb and gutter along its entirety. Plans shall be approved by the Engineering Dept. prior to issuance of a Building Permit. Any transitions in width of said public street shall be designed in accordance with AASHTO standards. 22. The certificate of dedication on the plat shall grant and donate the street to the City of Bozeman for the public use and enjoyment. However, the certificate shall also state that the City accepts no responsibility for maintaining said street improvements. (Also a Planning Office condition) 23. Water rights, or cash in lieu thereof, sufficient to provide City water to Lots 1 & 2 shall be provided prior to filing of the final plat. (Also a Planning Office condition) 24. Plans and specifications and a detailed design report for the public sewer main extensions prepared by a Montana registered Professional Engineer (PE) shall be provided to and approved by the City Engineer and 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. . . . GRAF MINOR SUBDIVISION FINDINGS OF FACT AND ORDER Page 8 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 plat may not be filed until the public portion of the sewer main improvements have been completed and accepted by the city, or the preliminary plans have been approved by the City Engineer and the improvements financially guaranteed pursuant to City Code. No building permits shall be issued prior to substantial completion and City acceptance of the required public sewer main improvements. 25. Plans and Specifications and a detailed design report for public water main extensions prepared by a Montana registered Professional Engineer (PE) shall be provided to and approved by the City Engineer and 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. 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 plat may not be filed and building permits may not be issued until the public water main improvements have been completed and accepted by the City, or the preliminary design for said improvements, including a pre-design report and concept plan with preliminary cost estimate for full connection to city water, have been approved by the City Engineer and the improvements have been financially guaranteed pursuant to City Code, or a variance from the applicable regulation is obtained from the Governing Body. The public water main shall be extended to the Western property line for future extension and looping with the adjoining properties. 26. Plans and Specifications for the private streets prepared by a Montana registered Professional Engineer (PE) shall be provided to and approved by the City Engineer. 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. .. " , . GRAF MINOR SUBDIVISION FINDINGS OF FACT AND ORDER Page 9 The final plat may not be filed and a building permit may not be issued until the private street improvements have been completed and accepted by the city, or the preliminary plans for said improvements have been approved by the City Engineer, the improvements have been financially guaranteed pursuant to City Code and the approved street design base section (gravel courses) has been completed. 27. Sidewalks shall be constructed along the street frontages of all lots fronting on the proposed Catron Street at the time of initial construction. Any deviation from the standard location shall be approved by the City Engineer. Sidewalks shall be constructed by lot owners within three years, regardless of whether other improvements have been made to the lots. 28. If curb and gutter is required, the street width shall be 42 feet back of curb to back of curb, except that west of the east-most Costco drive access, the street width shall be 30 feet back of curb to back of curb. If curb and gutter are not required, the street pavement width shall be 44 feet, except that west of the east-most Costco drive access, pavement width shall be 32 feet. 29. Applicant shall provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of SIDs for the following: a. Signalization of Oak Street and N. 19th Avenue, b. Signalization of Baxter and N. 19th Avenue, c. Signalization of Valley Center Road and N. 19th Avenue, d. Signalization of the proposed Catron Street and Valley Center Road, e. Street improvements to Baxter Road including paving, curb/gutter, sidewalk, and storm drainage; f. Street improvements to N. 19th Avenue and Valley Center Road including paving, curb/gutter, sidewalk, and storm drainage; and g. City water system improvements, including major trunk lines and internal looping for future city water (Domestic and Fire protection) improvements. h. Street improvements to interior subdivision streets to meet City standards in the event that the City has to take over maintenance of the streets at some time in the future. 30. A 45' right-of-way easement (one half the 90' arterial width) shall be granted for Baxter Lane. (Also a Planning Office condition) , . . . , GRAF MINOR SUBDIVISION FINDINGS OF FACT AND ORDER Page 10 31. A Stormwater Master Plan for the subdivision for a system designed to remove solids, silt, oils, grease, and other pollutants from the runoff from the private and public streets and all lots must be provided to and approved by the City Engineer. The master plan must depict the maximum sized retention basin location, and locate and provide easements for adequate drainage ways within the subdivision to transport runoff to the stormwater receiving channel. The plan shall include sufficient site grading and elevations information (particularly for the basin site, drainage ways, and lot finish grades), typical stormwater detention/retention basin and discharge structure details, basin sizing calculations, and a stormwater maintenance plan. Any stormwater ponds located within park or open space shall be designed and constructed to be conducive to the normal use and maintenance of the open space. While the runoff from the individual lots will be dependent on the intensity of use on each lot, the maximum sizing of the storm retention facilities for each lot will be established based on maximum site development. Final facility sizing may be reviewed and reduced during design review of the final site plan for each lot. 32. Ditch information: a. An approved 310 and 404 permit shall be obtained from the appropriate agency regarding the proposed ditch/stream relocation and documents of such approval is provided to the Engineering Department prior to initiation of construction, and to the Planning Office prior to Plat approval. b. Pursuant to Section 16.12.050 of the subdivision regulations, a 10' maintenance easement shall be provided on either side of the water course and shown on the final plat. However, it is strongly recommended that this area be established as common open space to preclude future encroachment and maintenance problems which typically occur with ditch easements on private property. c. A hydraulic profile shall be shown on the final plans to determine the 100 year high water elevations along the channel. A 35' minimum building set back from either side of the water course high water mark shall be delineated on the final plat. The set back must account for any channel meandering. 33. Prior to any future development of this property, the Developer's engineer shall be required to prepare a comprehensive design report evaluating existing capacity of water and sewer utilities. The report must include hydraulic evaluations of each utility for both existing and post-development , . . ( GRAF MINOR SUBDIVISION FINDINGS OF FACT AND ORDER Page 11 demands. The report findings must demonstrate adequate capacity to serve the full development of the site. If adequate water and/or sewer capacity is not available for full development, the report must identify necessary water system and sewer system improvements required for full development. The Developer shall be responsible to complete the necessary system improvements to serve the full development. 34. The location of and distinction between existing and proposed, private and public sewer and water mains and easements shall be clearly depicted, as well as nearby fire hydrants and proposed fire hydrants. 35. Easements for the water and sewer main extensions shall be a minimum of 30 feet in width, with the utility located in the center of the easement. In no case shall the utility be less than 10 feet from edge of easement. Utility easements shall not be parallel to and within any Public Open Space / Linear Trail Corridor Easement. 36. Sewer and water services shall be clearly identified on the drawings and approved by the Water/Sewer Superintendent. City of Bozeman appl ications for service shall be completed by the applicant. 37. The proposed Catron Street shall be a private street in a 60' dedicated right- of-way. 38. Any private drive approaches installed with the subdivision improvements shall be constructed in accordance with the City's standard approach, i.e., concrete apron, sidewalk section and drop-curb. 39. An Occupancy Permit must be obtained from the County or appropriate governing body for locations of water and sewer mains within the public right-of-way. 40. It should be noted that this site is down gradient of the Bozeman Solvent Site, therefore: a. Montana Department of Environmental Quality approval of any dewatering and discharge of groundwater (i.e.. during trenching activities for installation of improvements) must be obtained. b. Montana Department of Environmental Quality approval of any domestic water supply well installation must be obtained. , , -. .- .. GRAF MINOR SUBDIVISION FINDINGS OF FACT AND ORDER Page 12 41. If construction activities related to the project result in the disturbance of more that 5 acres of natural ground, an erosion/sediment control plan may be required. The DEQ, Permitting and Compliance Division shall be contacted by the Applicant to determine if a Storm Water Discharge Permit is necessary. If required by the DEQ, an erosion/sediment control plan shall be prepared for disturbed areas of 5 acres or less if the point of discharge is less than 100' from State Waters. The applicant shall document that the DEQ, Permitting and Compliance Division has been contacted and demonstrate that the project is in compliance with the Division's storm water control program requirements prior to initiation of construction. 42. The applicant shall apply to the County Road Office for an encroachment permit onto Valley Center Road. 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 of this document by the City Commission, by following the procedures of Section 76-3-625, M.C.A. According to Section 16.08.040 of the Bozeman Area Subdivision Regulations: (1) Approval or conditional approval of the preliminary plat shall be in force for not more than three (3) calendar years, nor less than one (1) calander year; (2) Prior to the expiration date, the subdivider may submit a letter of request for the extension of this period to the Planning Board office. Thereafter, the appropriate Governing Body may approve an extension for not more than one (1) calendar year; (3) Amendments to these subdivision regulations which become effective after the preliminary plat has been approved will not affect the requirements for final plat approval. . \. .. .. \ .- . GRAF MINOR SUBDIVISION FINDINGS OF FACT AND ORDER Page 13 DATED this 19th day of May ,1997. BOZEMAN CITY COMMISSION BY: { 00'"17 2- A~ DON E. STUECK, MAYOR ()ZT ~J~~ ROBIN L. SULLIVAN CLERK OF THE COMMISSION