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WEST BABCOCK STREET MANUFACTURED HOME COURT FINDINGS OF FACT AND ORDER
BEFORE THE BOZEMAN CITY COMMISSION
GALLATIN COUNTY, MONT ANA
IN THE MATTER OF THE APPLICATION OF ROCKY FINDINGS OF FACT
MOUNTAIN ENGINEERS FOR PRELIMINARY PLAT OF AND ORDER
WEST BABCOCK STREET MANUFACTURED HOME COURT,
ON BEHALF OF GENE COOK.
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, Bozeman Area
Master Plan, and Bozeman Zoning Ordinance, the Bozeman City Commission reviewed the proposed
Preliminary Subdivision Plat of a two phase, major subdivision by rent or lease as submitted by the
applicant on April 21, 1997, P-9723, 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 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
1.
The application submitted by Rocky Mountain Engineers, for approval of a two phase major
subdivision by rent or lease dividing 20.1542 acres, owned by Gene Cook into ninety-two spaces on
property located in the SW~ of Section 11, T.2S, R.5E, PMM, Gallatin County, Montana, otherwise
known as the West Babcock Manufactured Home Court, was made on April 21, 1997. The
subdivision will create ninety-two spaces for lease for the placement of manufactured homes.
Included with the application was a request for a variance from Section 16.12.040.E of the Bozeman
Area Subdivision regulations to allow a dead-end street without a cul-de-sac. A second variance
from Section 16.12.040.1.3, to allow intersections providing entrance onto West Babcock Street to
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WEST BABCOCK STREET MANUFACTURED HOME COURT FINDINGS OF FACT AND ORDER
not align with other intersections on the opposite side, nor to be have a distance of more than 125'
between center lines, was requested after the public notice was published.
II.
The comments of the Development Review Committee, along with those of the City-County
Planning Staff, were incorporated into a Staff Report, including suggested conditions of approval,
which was provided to the Bozeman City-County Planning Board for consideration at their June 3,
1997 regular meeting.
III.
The Bozeman City-County Planning Board considered the application at their regular
meeting on June 3, 1997. The Planning Board found that the application was properly submitted and
reviewed under the procedures of the Bozeman Area Subdivision Regulations and the Bozeman Area
Zoning Ordinance. Staff reviewed the staff report and answered questions from the Board.
The applicant and his representative made a presentation in favor of the requested preliminary
plat, including the variances, citing a desire to provide affordable housing, and presenting arguments
to address concerns raised in the Staff report.
The Planning Board then opened the public hearing. Eight individuals testified expressing
opposition to the application. Reasons cited were: character of manufactured home developments,
covenants and lease agreements, parking, sidewalks, landscaping, traffic impacts, noise, fencing, and
impact fees.
The Planning Board considered the request by the applicant for a waiver of the
requirement of the Environmental Assessment, a variance from the requirement that all dead-end
streets have approved turnarounds, and a variance to allow non-conforming street intersections with
West Babcock Street. In considering the request the Planning Board found that the information
required for the Environmental Assessment was adequately available and granted the requested
waiver. In considering the request for the variance from Section 16.12.040.E the Planning Board
found that the variance would not be detrimental to the public interest in that the streets would be
privately maintained and the distance was minimal. In considering the request for the variance from
Section 16.12.040.1.3 the Planning Board found that the variance would be detrimental to the public
safety due to the closeness of intersections and turning movements. The Board then voted on a
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WEST BABCOCK STREET MANUFACTURED HOME COURT FINDINGS OF FACT AND ORDER .
motion regarding the subdivision to recommend approval of the subdivision as shown on the
submitted drawings, with conditions as recommended by Staff and adding four more conditions
relating to separation of dwelling units, clubhouse uses, lighting, and sidewalks. In addition the
Board recommended approval of the requested variance to Section 16.12.040.E of the Bozeman
Area Subdivision Regulations and recommended disapproval of the requested variance to Section
16.12.040.1.3. The motion passed on a unanimous vote of7 for and 0 in opposition.
IV.
After the applicant requested two changes of hearing date and granted the necessary time
extensions to comply with state law, the application was considered by the Bozeman City
Commission at a special meeting on August 11, 1997, at which time the recommendation of the
Planning Board was reviewed by the Bozeman City-County Planning Staff The applicant had,
during the time between the Planning Board and City Commission meetings, withdrawn the request
for a variance to Section 16.12.040.1.3 of the Bozeman Area Subdivision Regulations.
V.
The application was considered by the Bozeman City Commission and weighed against the
review criteria established by Statute, and found as follows:
A. PRIMARY REVIEW CRITERIA
AGRICUL TURE:
Effects will be minimal as the existing agricultural use is for grazing and the land is within the
City.
AGRICUL TURAL WATER USER F ACIUTIES
None present on the property.
LOCAL SERVICES
The sewer which services this property is currently at capacity and does not have adequate
transmission capacity to the wastewater treatment plant to include additional flows from this
development. An alternative relief sewer, A2, is identified in the wastewater facility plan,
which when constructed, will have adequate capacity to serve this development. West
Babcock Street is currently functioning at a level of service C, the City's minimum standard.
Additional development may cause a fall in level of service. To avoid this degradation in
service the applicants will need to establish that adequate capacity exists to maintain the level
of service C. Water, Police, and Fire services appear to be available as necessary for the
proposed project.
NATURAL ENVIRONMENT
No material negative effects to the natural environment will be incurred.
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WEST BABCOCK STREET MANUFACTURED HOME COURT FINDINGS OF FACT AND ORDER
WILDLIFE AND WILDLIFE HABITAT
No significant negative effects have been identified.
PUBLIC HEALTH AND SAFETY
Two areas of concern were identified, those being the generation of additional traffic on West
Babcock Street and potential sewer line backups. As the health and life safety of the
residents of the proposed development, and other areas, may be affected by these issues
conditions of approval are necessary to address these concerns.
B. COMPLIANCE WITH SURVEY REOUIREMENTS PROVIDED FOR IN PART 4 OF THE
MONT ANA SUBDIVISION AND PLATTING ACT.
The survey requirements will be complied with when the final plat is filed.
C. COMPLIANCE WITH THE BOZEMAN AREA SUBDIVISION REGULATIONS
The subdivision must comply with the standards of Chapter 16.16 of the Bozeman Area
Subdivision Regulations. The Commission agreed with the Planning Board's approval of a
waiver to the requirement for an Environmental Assessment, and the variance to Section
16.12.030 of the Bozeman Area Subdivision Regulations
D. COMPLIANCE WITH THE REQUIRED 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 utility easements will be shown on the final plat. Easements were required as
indicated by the utility companies or the Bozeman Area Regulations and will provide
adequate access for installation and connection to utilities in the future.
F. PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEL
Each lot will have legal and physical aecess to a public street via private streets aligned with
public access easements.
In addition, clarification of issues relating to site development was provided stating that the
skirting for the manufactured homes will be required to be compatible in material and color to the
individual unit, and that the proposed landscape buffer along West Babcock Street would
incorporate berms in the street setback. One member of the public spoke regarding the perceived
reduction in property values associated with adjacency to manufactured home developments.
VI.
The public testimony portion of the public hearings was closed by the City Commission and
following discussion by the City Commission, the City Commission found that the proposed
subdivision complies with the Bozeman Area Master Plan, Bozeman Area Subdivision Regulations,
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WEST BABCOCK STREET MANUFACTURED HOME COURT FINDINGS OF FACT AND ORDER
and the Bozeman Zoning Ordinance, if the requested variance from the subdivision regulations were
granted and certain conditions were imposed. The evidence that justifies the conditions is to ensure
that the final plat complies with all regulations, that appropriate and necessary water and sewer
services are provided, the character of the general area be safeguarded by specified spacing and
landscaping, safe and appropriate vehicular and pedestrian circulation be provided for, buffering be
provided between adjoining developments, recreational needs be provided for, and required paybacks
for previously installed infrastructure be made.
ORDER
IT IS HEREBY ORDERED that the Preliminary Subdivision Plat of a two phase, major
subdivision by rent or lease for Gene Cook be therefore approved, subject to the following
conditions:
1. The applicant shall design and construct line A2, as designated in the Draft Wastewater
Facility Plan, or an alternative routing, as approved by the City Engineer. A Predesign Report
addressing the master planned sewer system to identifY necessary sewer system
improvements required for full development shall be prepared and submitted to the City
Engineer for review and approval.
2. The final improvement drawings shall be adequately dimensioned.
3. The Developer shall be responsible for the payback of SID No. 622 (water) Payback Area fees
and the Main Mall Sewer Payback Area fees. The complete district(s) payoff must be completed
prior to final plat approval.
4. Sidewalks shall be installed in locations approved by the City Engineer, and shall be constructed
by the developer prior to final plat approval, as follows: 4-foot wide sidewalks on both sides of
White Oak and Red Oak Drives, and on Donna A venue. White Oak and Red Oak Drives, and
Donna Avenue shall be constructed to a 37' back of curb to back of curb standard. A 4-foot
wide sidewalk on one side of the east-west streets shall be provided in the location shown on the
preliminary plat. The east-west streets, with the exception of Donna Avenue, may be reduced to
a 34-foot width.
5. All private drive approaches shall be constructed in accordance with the City's standard
approaeh, i.e., concrete apron, sidewalk section and drop-curb. An approved temporary cul-de-
sac shall be installed on Red Oak and White Oak Drive if the development is phased.
6. Utility Occupancy and Street Cut Permits must be obtained from the County or appropriate
governing body for locations of water and sewer mains within the public right-of-way.
7. The proposed Rental Agreement, Section (III) Conduct and Public Laws, (A) shall be amended to
include adherence to the laws and ordinances of the City of Bozeman.
8. Individual meter pits will be allowed to each space, provided the developer accepts
maintenance responsibility for all service lines beyond the curb box, including service lines to
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meter boxes and all fixtures within the meter box. The City will install and maintain meter in
accordance with current code and policy. The property owner is responsible for providing a
location at some convenient and accessible point inside the premises and located so that it can
not freeze. This location will be a meter pit at or near the property line. Plans and
Specifications for main extensions shall also show location, size, and specific meter box
design. Service lines must be installed so that the supply of water for each separate building,
house, or customer shall be controlled by a separate curb stop placed within or near the
property line. The curb stop and box must be kept in readily accessible condition by the
owner of the premises.
Each individual building shall have an independent sewer connection in accordance with the
Uniform Plumbing Code.
9. The developer shall provide and file with the Gallatin County Clerk and Recorder's office
executed Waivers of Right to Protest Creation ofSIDs for the following:
a. Street improvements to West Babcock Street, including paving, curb/gutter,
sidewalk, and storm drainage facilities.
Alternatively; the applicants may choose to provide a Certificate of Waiver, however the plat
must then be filed with the Gallatin County Clerk and Recorder. In either case the waiver
must include language which specifies that in the event SIDs/RIDs are not utilized for the
completion of these projects, the property owner shall agree to participate in an alternate
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 ofthe property, or combination thereof.
10. The evaluation of the traffic impacts shall be reconsidered taking into consideration the
concerns identified by Staff in the staff report. The applicants shall demonstrate to the
satisfaction of the City Engineer's Office that capacity is existing on West Babcock Street to
maintain Level of Service C, with the inclusion of project related traffic, prior to final plat
approval.
11. No direct access to West Babcock Street shall be pennitted except by way of an approved
street. All roads within the subdivision shall be maintained by the property owner at a
minimum of 20 feet clear and unobstructed width at all times. Unless otherwise provided, a
45-foot wide Public Access and Utility Easement along the property's West Babcock Street
frontage shall be granted to the City ofBozernan and filed with the Gallatin County Clerk and
Recorder prior to final plat approval. The developer shall install stop signs at the
intersections of Red Oak and White Oak Drives and West Babcock and street name signs,
compliant with City standards, at all street intersections.
12. The final plat shall ensure that 11 % ofthe lot area, or a City of Bozeman approved combination of
land and improvements, is reserved for usable recreational area.
13. 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 to each mobile home stand shall be 12
feet, and the access shall be improved at the time a home is placed on the lot.
14. A landscaping plan shall be provided per 16.l6.040.G of the Bozeman Area Subdivision
Regulations, prepared by 'a registered Montana landscape architect, or other qualified
individual as allowed by 18.50.100 of the Zoning Code. The plan shall include the
landscaping of the proposed park area, placement of an opaque fence along the western
boundary, which shall be a minimum of 6' high, placement of at least one canopy tree on each
lot, boulevard trees along West Babcock Street as well as other landscape screening to
present an attractive landscape, and additional landscape buffering where necessary along the
eastern boundary of the site.
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WEST BABCOck STREET MANUFACTURED HOME COURT FINDINGS OF FACT AND ORDER
15. Any development identification sign must comply with the Zoning Ordinance, in that: a) it
must be designed as a "low profile" sign; b) can not be higher than five feet; and c) can not
exceed 12. sq. ft. in sign area. A sign permit must be obtained from the City Building
Department prior to construction of the sign.
16. 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 and access shall be shown on the final plat.
17. When additions to manufactured homes are proposed, including carports and porches, a
minimum separation of 16' shall be maintained between adjoining manufactured homes,
including any additions.
18. The clubhouse depicted as located in the park area shall be used for recreational purposes
only, no commercial uses, including a laundry facility, are allowed within the clubhouse.
19. Driveway lighting shall be installed for each home which meets the dimensional and
performance standards of the Bozeman Area Zoning Ordinance.
20. Olive and Curtiss Streets shall be renamed, with the names being approved by both the
County Road Superintendent and the City Engineer's Office.
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.
DATED this 2nd day of September ,1997.
BOZEMAN CITY COMMISSION
By: ( C)P\07 L ~ h.,~
Don E. Stueck, Mayor
f1l:t~
Robin L. Sullivan
Clerk of the Commission
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