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HomeMy WebLinkAbout97- Interfaith Housing 2 . .. .. I BOZEMAN INTERFAITH HOUSING 2 MINOR SUBDIVISION FINDINGS OF FACT AND ORDER 1 BEFORE THE BOZEMAN CITY COMMISSION GALLATIN COUNTY, MONTANA IN THE MATTER OF THE APPLICATION OF BOZEMAN FINDINGS OF FACT INTERFAITH HOUSING 2, FOR PRELIMINARY AND ORDER SUBDIVISION PLAT APPROVAL OF THE BOZEMAN INTERFAITH HOUSING 2 SUBDIVISION PURSUANT to the Montana Subdivision and Platting Act, Section 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 realign common boundaries and divide 9.764 acres into a four lot Minor Subdivision as submitted by the applicant, together with the required supplementary plans and information, to determine if the information submitted meets the requirements of the Bozeman Area Subdivision Regulations and the Montana Subdivision and Platting Act, and in addition, to listen to public testimony concerning the application. It appeared to the City Commission that all parties wishing to appear and comment were given the opportunity to do so, and that all parties wishing to appear and comment were given the opportunity to do so at the Bozeman City-County Planning Board, 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 for the realignment of common boundaries and creation of a four lot minor subdivision dividing 9.764 acres, owned by Elva L. Arnold and First Baptist Church, into four lots on property located in the SW% of Section 11, T2S, R5E, PMM, Gallatin County, Montana, was made on January 24, 1997. The property has two existing dwelling units served by a well and an on-site septic system. The subdivision will create four lots, one for existing residential uses, and three for future use as residences and church. In conjunction with the subdivision application the applicant requested variances to Section 16.12.040 of the Bozeman Area Subdivision Regulations to allow a reduced length of improved street and Section 16.42.030 of the Bozeman Area I . . BOZEMAN INTERFAITH HOUSING 2 MINOR SUBDIVISION FINDINGS OF FACT AND ORDER 2 Subdivision Regulations to allow the lifting of the requirement of a financial guarantee for unconstructed infrastructure. II. The subdivision of five or fewer parcels may be eligible for minor subdivision review and approval when criteria as outlined in Section 16.08.030 of the Bozeman Area Subdivision Regulations are met. It was found that because of the number, future use, and size of the lots the subdivision will create a low impact on the area. The Bozeman City-County Planning Office forwarded the subdivision submittal to 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 and City Attorney for their consideration at the March 17, 1997 regular meeting of the Bozeman City Commission. III. The Bozeman City-County Planning Board considered the application at their regular meeting on March 4, 1997. Consideration was given to the requested variances and it was found that no detrimental effect to the public would result. The Planning Board suggested a modification to Condition 10 of the Staff Report relating to permits and approvals for ditch relocation or modifications. After finding that the application was properly submitted and reviewed under the procedures of the Bozeman Zoning Ordinance and Bozeman Area Subdivision Regulations, the City-County Planning Board, upon finding no opposition to the approval of this subdivision and finding that the subdivision complied with the Bozeman Area Master Plan, forwarded this application with a recommendation of approval, incorporating the suggested change to Condition 10 of the Staff Report, to the County Commission for final decision. IV. The matter was heard before the Bozeman City Commission on March 17, 1997, at which time the Staff Report was reviewed by the City-County Planning Staff, with Staff conditions of approval provided for consideration by the Commission. A request for public comment was made by the Commission, with no members of the public testifying in favor of or in opposition to the proposed minor subdivision. The Applicant made a short , . , , BOZEMAN INTERFAITH HOUSING 2 MINOR SUBDIVISION FINDINGS OF FACT AND ORDER 3 presentation in favor of the proposal. The public testimony portion of the public hearing was closed by the City Commission. V. The Commission would normally review the five criteria established in the Montana Subdivision and Platting Act to determine whether the Preliminary Subdivision Plat complied with the criteria. In the case of this minor subdivision it falls under Section 76-3- 608(6.a) M.C.A. which exempts minor subdivision in some circumstances from full review, "When a 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 review criteria contained in subsection (3)(a) but is subject to applicable zoning regulations." The criteria in subsection (3)(a) mentioned above are "the effect on agriculture, agricultural water user facilities, local services, the natural environment, wildlife and wildlife habitat, and public health and safety." VI. The Commission weighed the proposed subdivision against the applicable 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 will be in compliance with the regulations with the approval for the variances to Sections 16.12.020 and 16.42.030 of the subdivision 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. Section 18.50.030.D of the Bozeman Zoning Ordinance requires all newly created building lots and/or building sites inside the city limits to be provided with central water and sanitary sewer systems. When annexation to the City of Bozeman is completed for the portion of the subdivided property, all of the subdivision will be within city limits. The necessary extensions of central water and sanitary sewer will be installed prior to the final plat of the subdivision being approved and filed. The City Engineer's records indicate that a payback to SIOs 621 and 622 will be required for water and sewer services respectively. The extension of sewer and water 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 final plat. ---- ; . . BOZEMAN INTERFAITH HOUSING 2 MINOR SUBDIVISION FINDINGS OF FACT AND ORDER 4 F: PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEL. Legal access will be provided with the dedication of right-of-way for West Babcock and Ravalli streets which will occur at the filing of the final plat. Physical access will be provided to lot 1 and a portion of lot 2 via a paved section of Ravalli Street. The continuation of Ravalli Street to the property line will not be completed until it is possible to extend Ravalli Street across intervening properties to Fowler Avenue. Until the full street is completed a plat note will prohibit construction on lots not served by full city standard infrastructure. Lot owners will be able to traverse the dedicated right-of-way, to access all created lots, until the adequate street has been installed. After review of the proposed subdivision it was found that the subdivision will meet these requirements when the approved conditions of approval are met. VII. The variance from Section 16.12.020, to allow for a shorter distance of paved road surface was considered. It was found that the full right-of-way for the extension of Ravalli Street which lies on the property will be provided at the time of subdivision, and that a plat note was offered by the applicants restricting development on lots which are not served by City Standard infrastructure. As a result of the dedication of right-of-way and the placement of the plat note, development will not be allowed on lots which are not served with adequate infrastructure to meet the needs of public health and safety. After consideration of the variance from Section 16.42.030 to allow the lifting of the requirement of a financial guarantee for unconstructed infrastructure it was found that the plat note was adequate security to provide for the assurance of future construction of infrastructure and met the requirements of state law. Following discussion by the Commission, the Commission found that the proposed subdivision complies with the Bozeman Area Master Plan, Bozeman Area Subdivision Regulations, and the Bozeman Zoning Ordinance, and as modified with conditions does not detrimentally affect the primary review criteria established by State statute. ORDER THEREFORE, IT IS HEREBY ORDERED that the Preliminary Subdivision Plat application to realign common boundaries and subdivide 9.764 acres into a four lot minor subdivision for Elva L. Arnold and First Baptist Church be therefore approved, subject to the conditions listed below. The evidence that justifies the conditions is that the subdivision must comply with the above referenced documents, and adverse impacts created by the subdivision, which require mitigation, justify the imposition of the conditions below. . . . . BOZEMAN INTERFAITH HOUSING 2 MINOR SUBDIVISION FINDINGS OF FACT AND ORDER 5 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. The conditions of approval for this subdivision are as follows: 1. Annexation to the City of Bozeman will be completed prior to the commencement of work approved with the preliminary plat. 2. A note shall be provided on the plat, restricting development on those lots, or portions of lots, not seNed by City standard infrastructure. This note shall remain in effect until all infrastructure has been installed and accepted by the City of Bozeman. This condition is only valid if the necessary easements to allow the looping of the water main and construction of Ravalli Street to its intersection with Fowler Avenue are not able to be obtained. If this condition is valid, then all following conditions are adjusted, as necessary, to reflect the unusual sequencing of infrastructure construction. 3. 45 feet beginning at the Section line and proceeding south, as shown on the preliminary plat, is required to be dedicated to the Public for the development of West Babcock Street. 4. The applicant shall provide and file, unless previously provided with the property, with the County Clerk and Recorder's office executed Waivers of Right to Protest the Creation of SIDs for the construction of the following improvements. a. Street Improvements to West Babcock Street, including signalization, paving, curb and gutter, sidewalks, and storm drainage facilities. The waiver shall specify that in the event SIDs are not utilized for the completion of these projects, the property owner shall agree to participate in an alternative 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 the property, or combination thereof. A copy of the filed document shall be submitted with the Final Plat application. 5. Applicants shall obtain all necessary permits prior to placing the indicated culverts underlying the proposed extension of Ravalli Street. 6. Plans and Specifications for any water, sewer and/or storm sewer main extensions, and Public Streets (including curb, gutter & sidewalks) prepared and signed by a Professional Engineer (PE) licensed in the State of Montana shall be provided to and approved by the City Engineer. Water and sewer plans shall also be approved by the Montana Department of Environmental Quality (DEQ). The applicant shall also provide Professional Engineering seNices for Construction Inspection, Post-Construction Certification, and preparation of mylar Record Drawings. Specific 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. 7. All infrastructure improvements including 1) water and sewer main extensions, which may not be financially guaranteed, and 2) Public or Private streets including curb/gutter, sidewalks, and storm drainage infrastructure improvements shall be financially guaranteed or constructed prior to filing of the final plat. No building permits will be issued prior to completion and acceptance of the Public infrastructure improvements, i.e. sewer and water mains. 8. The Developer shall be responsible for the payback of SIOs 621 (sewer) and 622 (water). The payback must be completed prior to final plat approval. 9. A Stormwater Drainage Planrrreatment Plan and Maintenance Plan for a system designed to remove solids, silt, oils, grease and other pollutants from the run-off from the private and/or public streets must be provided to and approved by the City . . . BOZEMAN INTERFAITH HOUSING 2 MINOR SUBDIVISION FINDINGS OF FACT AND ORDER 6 Engineer. The plan must demonstrate adequate site drainage (including sufficient flow directional arrows and spot elevations along drainage courses), stormwater detention/retention basin details (including basin sizing and discharge calculation and discharge structure details), stormwater discharge destination and a stormwater maintenance plan. If the grading design discloses any adverse impact to oft-site properties, necessary design alterations and/or drainage conveyance devices and easements must be provided. The stormwater drainage plan shall include the calculation for sizing the 24" RCP culvert for the Bozeman Ponds Overflow Ditch and the 36" RCP culvert for the Gallatin Farmer's Ditch Company. The Stormwater DrainagefTreatment Plan shall include a Maintenance Plan which must be provided to and approved by the City Engineer. The plan shall include the following: description of maintenance operations, frequency of inspections and maintenance, responsible parties and record keeping methodology. 10. Ditch Information a. Any required permits shall be obtained prior to the modification of any ditch, stream, or combination thereof, on the property. b. Pursuant to Section 16.12.050 of the Bozeman Area Subdivision Regulations, a 10' ditch maintenance easement will be provided as measured from the high water level on both sides of the water course. c. A 35' minimum building setback 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. A hydraulic profile shall be shown on the final plans to determine the 100 year high water elevations along the channel. The final plat shall contain this information and require, by plat note, that finish floor elevations be established to be above the 100 year high water elevations. 11. Sewer and water services shall be approved by the Water/Sewer Superintendent. City of Bozeman Applications for service shall be completed by the applicant. 12. The applicant is advised that, if the 60' utility/access easement, for the creation of the secondary access and future looping of the water line can not be obtained, the water main on Ravalli Street may not be extended more than 500' from West Babcock Street. 13. The centerline radii of the two curves proposed for Ravalli Street shall be 150' minimum. 14. City standard sidewalk shall be installed and properly depicted at the standard location (Le. 1 foot off the property line) along the street(s) frontage. Any deviation to the standard alignment or location must be approved by the City Engineer. Sidewalks shall be constructed by lot owners within three (3) years of plat approval regardless of whether other improvements have been made to the lot(s). The Developer shall install City standard sidewalks on all public street frontages that abut park land or open space areas at the time the street improvements are installed. These improvements shall be completed prior to final plat approval unless otherwise provided for. 15. All private drive approaches shall be constructed in accordance with the City's standard approach, Le., concrete apron, sidewalk section and drop-curb. Typical curb details and typical asphalt paving section detail shall be provided to and approved by the City Engineer. 16. When Ravalli Street is constructed, the access from the existing homes on Lot 1 onto West Babcock Street shall be abandoned and access will be taken exclusively from Ravalli Street. 17. Where project construction results in dead end streets, temporary cul-de-sacs shall be designed and constructed. If the temporary cul-de-sac is not on the owners property, a temporary easement must be obtained and filed with the County Clerk and Recorder's Office. 18. Project infrastructure phasing, including all utility phasing, shall be clearly defined in the infrastructure plans and specifications. The water system must be designed to provide looping in accordance with established City policy. . . . . . BOZEMAN INTERFAITH HOUSING 2 MINOR SUBDIVISION FINDINGS OF FACT AND ORDER 7 19. The Montana Fish, Wildlife, and Parks, NRCS, Montana Department of Health and Environmental Quality, and Army Corps of Engineers shall be contacted regarding the proposed project and any required permits provided to the Engineering Department prior to the initiation of any construction. 20. 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 required appropriately worded certificates and a Platting Certificate. 21. Two clothback, two mylar copies, and a digital copy of the final plat, acceptable to the Engineering Division of the City of Bozeman, must be submitted with the Final Plat application. Conditional approval of the Preliminary Plat shall be in force for not more that three calendar years, as provided by State Statute. Prior to that expiration date, the developer may submit a letter of request for the extension of the period to the Planning Director for the City Commission's consideration. DATED this 2nd day of June ,1997. BOZEMAN CITY COMMISSION BY:O~[~ Don E. Stueck, Mayor ATTEST: APPROVED AS TO FORM: I @:f~ Robin L. Sullivan Clerk of the Commission