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Home My WebLink About05- Cottonwood Condos Subdivision I Cottonwood Condos Second/Subsequent Minor Subdivision Findingsgt~~ctand Order #P-C>S024ii';;i:1 BEFORE THE BOZEMAN CITY COMMISSION GALLATIN COUNTY, MONT ANA IN THE MATTER OF THE APPLICATION OF FINDINGS KEN LEG.AlR AND DELANEY & CO OFFACf REPRESENTED BY THE APPLICANT C&H AND ORDER ENGINEERING AND SURVEYING, INC., FOR PRELIMINARY APPROVAL OF COTTONWOOD CONDOS SUBDIVISION. This matter came before the Bozeman Gty G:>nunission on September 6, 2005 for review and decision, pursuant to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-625, Montana Codes Annotated, Gty of Bozeman Growth Policy, and Gty of Bozeman Unified Development Ordinance. The applicant presented to the Commission a proposed Preliminary Subdivision Plat for a Second/Subsequent Minor Subdivision of 35.254 acres into 3 residential office lots as submitted on June 7, 2005, # P-05024. 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 recommendation of the planning board, to determine whether the plat should be approved, conditionally approved, or disapproved. It appeared to the Commission that all panies wishing to appear and comment were given the opponunityto 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 June 7, 2005, Ken LeOair and Delaney & Co., represented by C&H Engineering and Surveying, Inc., submitted an application for approval to create a Second/Subsequent Minor Subdivision of 35.254 acres into 3 residential office lots. The property is legally described as Lot 2A-l, I.Cottonwopd Condos Second/Subsequent Minor Subdivision FindYrigs ofFdcif'~fi~<(j;)rder #<~J<!ilillili\4<,<>'1 Minor Subdivision No. 338A Spring Oeek Village Resort and situated in the SWlA of Section 10, T2S, RSE, Gty of Bozeman, Gallatin County, Montana. The subject property is zoned R-O (Residential Office District). 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 Gty of Bozeman Planning Board. III. Notice of the time and date of the public meeting and public hearing was posted at the site on August 12,2005. Said notice also served to inform interested persons that materials were available for review at the Bozeman Planning & Community Development Department. The Gty of Bozeman Planning Board opened the public meeting on August 16,2005. The Planning Board found that the application was properly submitted and reviewed under the procedures of the Gty of Bozeman Unified Development Ordinance. Staff reviewed the staff report and the evidence, which justified the imposition of conditions. The Planning Board then opened the public meeting. There was no public testimony. The Planning Board closed the public meeting. The Gty of Bozeman Planning Board then moved to recommend approval of the subdivision with conditions as recommended by Staff and passed on a vote of 5 in favor and 0 in opposition. -2- --..-..-..- I. Clllt't!?nWppd Cpndps Second/SubsequEl:rltMi:!i!!i'r5ubdivisionFindingsof Factand:@r~er .#P-~S~2:4!(:.......:::..II IV. The application was considered by the Bozeman aty Omm1ission at its regular meeting on September 6, 2005, at which time the recommendation of the Planning Board and information compiled by aty staff was reviewed. V. PRIMARY REVIEW CRITERIA A Effects on agriculture, agricultural water user facilities, local services, the natural environment, wildlife and the wildlife habitat, and public health and safety. The property has been master planned for Residential development. The urban density development will replace the existing agricultural uses. The subdivider must provide assurance that no agricultural water user facilities or neighboring agricultural uses will be impacted by this development. B. Compliance with the following: 1. The survey requirements provided for in Part 4 of the Montana Subdivision and Platting Act. The subdivision currentlycomplies and will remain in compliance with surveyrequirements of the Act. 2. The local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act. The final plat shall comply with the standards identified and referenced in the Unified Development Ordinance. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. The following requirements are standards of the Unified Development Ordinance and shall be addressed on the final plat: a. Section 18.78.070. C states that a Memorandum of Understanding shall be entered into by the Weed Control District and the subdivider for the control of county declared noxious weeds and a copy provided to the Planning Department prior to Final Plat approval. -3- I Cottonwood Condos Second/SubseqlJel")t~~li~~i~t Subdivision Finclings of Fact and Ordl.'lc~ _~~Alllilil:}:.1 b. Section 18.06.040 states that approval shall be in force for not more than one year for minor subdivisions. c. Section 18.42.060.B requires all utility easements to be noted on the Final Plat. d. Section 18.42.150 states: a street light shall be installed at each non-signalized street intersection; a light is required in the middle of a street with a horizontal curve over 300 feet long; and one additional light is needed to meet the 275/300 foot spacing requirements on a collector street (Ferguson Avenue). In addition, all pathway lights shall comply with the aty of Bozeman specifications e. Section 18.74 .030.B.3 states that prior to final plat approval, subdivision lighting shall be installed, financially guaranteed or a SlID shall be created and the bonds sold. If the subdivision lighting is financially guaranteed they shall be considered as part of the required street improvements and building pennits shall not be issued until the improvements are installed. f. All infrastructure improvements including 1) water and sewer main extensions, and 2) public streets, curb/ gutter, sidewalks fronting parks, open space, rear yard frontages or other non-lot frontages, and related storm drainage infrastructure improvements shall be financially guaranteed or constructed prior to Final Plat approval. aty standard residential sidewalks shall be constructed on all public street frontages of a property prior to occupancy of any structure on the property. Upon the third anniversary of the plat recordation of any phase of the subdivision, any lot O'Wller who has not constructed said sidewalk shall, without further notice, construct within 30 days said sidewalk for their lot(s), regardless of whether other improvements have been made upon the lot. This condition shall be included on the plat and in the covenants for the subdivision. g. The developer shall make arrangements with the Gty Engineer's office to provide addresses for all individual lots in the subdivision prior to filing of the final plat. h. The applicant shall submit a construction route map dictating how materials and heavy equipment will travel to and from the site in accordance with section 18.74.020.A1 of the Unified Development Ordinance. This shall be submitted as part of the final site plan for site developments, or with the infrastructure plans for subdivisions. It shall be the responsibility of the applicant to ensure that the construction traffic follows the approved routes. 1. All construction activities shall comply with section 18.74.020.A2. of the Unified Development Ordinance. This shall include routine cleaning/ sweeping of material that is dragged to adjacent streets. The aty may require a guarantee as allowed for under ~4- I Cottonwood Condos Second/Subseque:nt:~i:~:~rSubdivision. Findings of:6:~:qtl1]:I~:::iir~i~r 1FP-()5024 I this section at anytime during the construction to ensure any damages or cleaning that are required are complete. The developer shall be responsible to reimburse the Gtyfor all costs associated with the work if it becomes necessary for the Gty to correct any problems that are identified. 3. The local subdivision review procedure provided for in Part 6 of the Montana Subdivision and Platting Act. The Planning Board meeting and the GtyCommission hearing has been properIynoticed, as required in the Unified Development Ordinance. C. The provision of easements for the location and installation of any planned utilities. All utilities and necessary utility easements will be provided and depicted on the final plat. D. The provision oflegal and physical access to each parcel within the subdivision and the required notation of that access on the applicable plat and any instrument of transfer concerning the parcel All lots within the subdivision already have or will have direct access to the dedicated public streets . ORDER After considering all matters of record presented at the public hearing, the Bozeman Gty Commission found that the proposed subdivision would comply with the Gty of Bozeman Growth Policy and the requirements of the Gtyof Bozeman Unified Development Ordinance and the Montana Subdivision and Platting Act, 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. 1BEREFORE, IT IS HEREBY ORDERED that the Preliminary Subdivision Plat of Cottonwood Condos Subdivision for the property owners, Ken Ledair and Delaney & Co., be approved, subject to the following conditions: 1. The applicant must comply with all provisions of the Bozeman Municipal Code, which are applicable to this project. The applicant is advised that unmet code provisions, or code -5- 1'G::bft(jl1wood Condos Second/Sl)gsequent Minor SubdivisionFiii~~j,r\.9f> of F(1~tand Order #!'P'"0502~. I provisions that are not specifically listed, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. Buildings proposed for construction with crawl spaces or basements shall include Engineer Certification regarding depth of ground water and soil conditions and proposed mitigation methods to be submitted with each Building Permit. The final plat shall include a notation that due to high ground water conditions full or partial basements are not reconunended. This Gty 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 GtyCommission, by following the procedures of Section 76-3-625, M.CA The preliminatyapproval of this subdivision shall be effective forthree years from the date of adoption of these Findings by the GtyCommission. At the end of this period the Gty Commission may, at the written request of the subdivider, extend its approval as provided for in the Gty of Bozeman Unified Development Ordinance. DATED this 19th day of September ,2005. BO~aTY~SSION By: 'f}-- Andrew 1. Cetraro, Mayor A TIEST: ~~~ Ro in 1. Sullivan derk of the Commission -6-