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HomeMy WebLinkAbout00- JC Billion Amended Minor Subdivision 06-05-00 IJ.c. Billion Amended Minor Subdivision Findin~s of Fact and Order #P-QOf3' I BEFORE THE BOZEMAN CITY COMMISSION GALLA TIN COUNTY, MONT ANA IN THE MATTER OF THE APPLICATION OF JOSEPH FINDINGS AND SUSAN BILLION, REPRESENTED BY GASTON OF FACT ENGINEERING & SURVEYING FOR PRELIMINARY AND ORDER PLA T APPROVAL OF AMENDED J.C. BILLION AUTO PLAZA SUBDIVISION. This matter came before the Bozeman City Commission on May 1,2000, for review and decision pursuant to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-625, Montana Codes Annotated, and the Bozeman Area Subdivision Regulations, Bozeman Area Master Plan, and Bozeman Zoning Ordinance. The applicant presented to the Commission an amended minor Preliminary Subdivision Plat for relocation of 1.149 acres of existing open space as submitted in its original form on March 17, 2000, P-0013. The Commission held a public hearing on the preliminary plat and considered all relevant evidence relating to the public health, safety, and welfare, including the environmental assessment and the recommendation of the planning board, to determine whether the plat should be approved, conditionally approved, or disapproved. It appeared to the Commission that all parties wishing to appear and comment were given the opportunity to do so, and therefore, being fully advised of all matters having come before it regarding this application, the Commission makes the following Findings of Fact, as required: FINDINGS OF FACT I. On March 17, 2000, Joseph and Susan Billion, represented by Gaston Engineering & Surveying, submitted an application for approval to remove 1.149 acres of existing open space on Lot #1 and to relocate the 1.149 acres onto Lots #2 and #3 adjacent to existing open space. The I J.e. Billion Amended Minor Subdivision Findings of Fact and Order #P-0013 . <'. '..1 property is located in the East Yz, SE4, SE 1/4, Section 9, T.2S, R.5E, PMM, City of Bozeman, Gallatin County, Montana. The subject property is zoned B-P (Business Park District). The applicant did request a waiver from the Environmental Assessment and Community Impact Statement requirements. This information was provided in detail as part of the original Valley West Annexation (A-9703). II. The comments of the Development Review Committee, along with those of Planning & Community Development Staff, were incorporated into a Staff Report with suggested conditions of approval, which was provided to the Bozeman Planning Board. III. Notice of the time and date of the public meeting and public hearing was posted at the site and also sent to adjoining property owners on April 4, 2000. Said notice also served to inform interested persons that materials were available for review at the Bozeman Planning & Community Development Department. The Bozeman Planning Board considered the application at its regular meeting on April 18, 2000. 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 the evidence which justified the imposition of conditions. The representati ve for the applicant made a formal presentation in favor of the requested subdivision and agreed to all conditions presented in the Staff Report. The Planning Board then opened the public hearing. There were no comments from the general public in favor of or in opposition to the proposed subdivision. Receiving no response, the Planning Board closed the public hearing. The Planning Board agreed to Will ve the requirement for an environmental -2- h.c. Billion Amended Minor Subdivision Findings of Fact and Order #P.OO13. ....1 assessment/community impact study, pursuant to Section 16.18.060 of the Bozeman Subdivision Regulations as the applicable infonnation was reviewed with the original Valley West Annexation (A-9703). The Planning Board then voted on a motion regarding the subdivision. The motion, to recommend approval of the subdivision with conditions as recommended by Staff, passed on a vote of 4 in favor and 2 in opposition. IV. The application was considered by the Bozeman City Commission at its regular meeting on May 1,2000, at which time the recommendation of the Planning Board and infonnation compiled by City staff was reviewed. V. The application was considered by the Bozeman City Commission and weighed against the review criteria established by Statute, and found as follows: A. PRIMAR Y REVIEW CRITERIA 1. Effects on Agriculture. The amendment to this platted subdivision will relocate existing open space and combine this acreage with existing open space. 2. Effects on Agricultural Water User Facilities. There are no agricultural water uses on the proposed subdivision. There are two retention areas within the existing open space that are proposed to be removed or abandoned, and have been further reviewed with zoning application #Z-0029. 3. Effects on Local Services. WaterlSewer: Sewer services can be provided by connection to existing main lines located to the east of the subject property in Cottonwood Drive. General capacity limitations for water and sewer facilities are not anticipated by the Engineering Department staff as a result of relocating the open space. The design and approval of water and sewer facilities have been addressed in conditions #5 and #6. Per the annexation agreement, the landowners understand and agree that at the time municipal water and/or sewer are available to the Billion Auto .3. . -----...-.." --,,- J.e. Billion Amended Minor Subdivision Pindin s of Pact and Order #P-0013 Plaza Subdivision, the subdivision shall connect to those services at the Billion Auto Plaza Subdivision property owner's expense. As this was only an amendment to relocate open space, connection has been addressed through the ongoing site plan review. PoliceIFire: With prior annexation, police and fire protection have been available to the site. The relocation of open space will not increase the likelihood of emergency services being required. Streets: Street improvements are addressed in condition #7. Other necessary SID waivers have been obtained with the annexation of the subject property. 4. Effects on the Natural Environment. Stormwater and drainage concerns have been addressed through condition #4. A Weed Management and Revegetation Plan including a complete map and inventory of noxious weeds found on the property shall be submitted to the Gallatin County Weed Board by May 15,2000. Weed control efforts should be implemented by June 15,2000. 5. Effects on Wildlife and Wildlife Habitat. Due to its historically commercial use, its lack of any natural bodies of water located on subject property, the development of adjacent properties, and its proximity to Huffine Lane, no significant adverse effects on wildlife or their habitat have been identified on the property. 6. Effects on Public Health and Safety. Because development in the subdivision will be serviced by municipal sewer, the threat of groundwater degradation from on site sewage disposal will be eliminated. Traffic safety concerns should be ameliorated through the SIDs in condition #7. B) COMPLIANCE WITH SURVEY REOUIREMENTS PROVIDED FOR IN PART 4 OF THE MONTANA SUBDIVISION AND PLAITING ACT. The subdivision complies or will comply with survey requirements of the Act. C) COMPLIANCE WITH THE BOZEMAN AREA SUBDIVISION REGULATIONS. With conditions addressing effects on local services, natural environment, and public health and safety, the final plat will comply with the regulations. D) COMPLIANCE WITH THE REOUIRED SUBDIVISION REVIEW PROCESS. The meeting before the Planning Board and hearing before the City Commission have been .4- -.---.---.-----.---......"'.--...--...." -.-------- IJ.c. Billion Amended Minor Subdivision Findings of Fact and Order #N)o13 I properly noticed, as required in the Subdivision Regulations. The notice was mailed to all adjoining property owners by certified mail on April 4, 2000. E) PROVISION OF EASEMENTS FOR THE LOCATION AND INST ALLA TION OF ANY PLANNED UTILITIES. All utilities and necessary utility easements will be provided. F) PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEL. Legal and physical access to each parcel is provided from existing streets through the subdivision. ORDER After considering all matters of record presented at the public hearing, the City Commission found that the proposed subdivision would comply with the Bozeman Area Master Plan and the requirements of the Bozeman Area Subdivision Regulations, the Montana Subdivision and Platting Act, and the Bozeman Zoning Ordinance, if certain conditions were imposed. The evidence, as stated or referenced in the Findings of Fact, justifies the imposition of the conditions ordered herein to ensure that the final plat complies with all applicable regulations and all required criteria. THEREFORE, IT IS HEREBY ORDERED that the Amended Minor Preliminary Subdivision Plat of J.C. Billion Auto Plaza Subdivision for Joseph and Susan Billion, be approved, subject to the following conditions: GENERAL: 1. Any existing or proposed improvements within the open space area shall be depicted on the Final Plat and any easements associated with them. All open space areas must be defined as "common open space" and clearly shown on the Final Plat. 2. The Final Plat shall conform to all requirements of the Bozeman Subdivision Regulations and the Uniform Standards for Final Subdivision Plats, and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected -5- h.c. Billion Amended Minor Subdivision Findings of Fact and Order ##P-0013 I certificates. The Pinal Plat application shall include two (2) signed clothback (or equivalent) copies; two (2) signed reproducible copies on a stable base polyester film (or equivalent); two (2) digital copies on a double-sided, high density 3-1/2" floppy disk; and five (5) paper prints. 3. Conditional approval of the Preliminary Plat shall be in force for not more than 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's consideration. STORMW A TER/DRAINAGE: 4. A detailed Stormwater Management 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 plan must depict the maximum sized retention/detention basin location, and locate and provide easements for adequate drainage ways within the subdivision to transport runoff to the stormwater recei ving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin sites, drainage ways, and lot finished grades), typical stormwater retention/detention 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 so as to be conducive to the normal use and maintenance of the park or open space. WATER AND SEWER: 5. Per item 16 of the Valley West Annexation (A-9703) that states: Connection of Billion Auto Plaza Subdivision to Municipal Water and/or Sewer, once the water and sewer mains installed by the 360 Ranch Corporation in connection with that annexation have been accepted by the City, the Billion Auto Plaza will connect to those City services. Any modifications of the internal water distribution network at the Billion Auto Plaza Subdivision may be required to bring the system into compliance with City of Bozeman standards before connection is made to the City's system. The cost of such modifications shall be borne by the owner of the property. 6. The location of the existing on-site treatment system shall be shown on the Pinal Plat. -6- ____"._n.___.... I IC. Billion Amended Minor Subdivision Findings of FaCt and Order #P-()013 . I STREETS. CURB & GUTI'ER AND SIDEWALKS: 7. The applicant shall provide and file with the County Clerk and Recorder's office, executed Waivers of Right to Protest Creation of Special Improvement Districts (S.I.D.) for the following: a. Arterial street improvements to Cottonwood Road, including paving, curb and gutter, sidewalk and storm drainage facilities; b. Intersection improvements to Cottonwood Road and Huffine Lane, including signalization; c. Trunk water and sewer main installation in the Cottonwood Road right-of-way. The document filed shall specify that in the event an S.I.D. is not utilized for the financing of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. 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 these Findings by the City Commission, by following the procedures of Section 76-3-625, M.C.A. The preliminary approval of this subdivision shall be effective for three years from the date of adoption of these Findings 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 Subdivision Regulations. DATED this 5 day of June, 2000. BOZEMAN CITY COMMISSION By: ~~~ Marcia B. Youngman, Mayor -7- ------- ---------- ..---.-.--..... I J.e. Billion Amended Minor Subdivision Findings of Fact and Order #1'-0013 I (2Z .. oJ~ Robin L. Sullivan Clerk of the Commission .8. ----------- -- ------- --------------