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HomeMy WebLinkAbout05- Creekwood Subdivision Creekwood Nt v:I~ili.!!!1.~:FInqings of FadandOi"der #P-oso 16 BEFORE THE BOZEMAN aTY COMMISSION GALLATIN COUNTY, MONT ANA IN THE MATTER OF THE APPLICATION OF SNOWLOAD, LLC REPRESENTED BY THE APPLICANT GASTON ENGINEERING AND SURVEYING, Pc, FOR PRELIMINARY APPROVAL OF CREEKWOOD SUBDIVISION. FINDINGS OF FACT AND ORDER This matter came before the Bozeman atyComrnission on July 5, 2005 for review and decision, pursuant to the Montana Subdivision and Platting Act, Section 76-3-101 through 76.3-625, Montana Codes Annotated, aty of Bozeman Growth Policy, and aty of Bozeman Unified Development Ordinance. The applicant presented to the Commission a proposed Preliminary Subdivision Plat for a Major Subdivision of 37.66 acres into 53 residential lots as submitted on April 11, 2005, # P-05016. 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 reconunendation of the planning board, to detennine whether the plat should be approved, conditionally approved, or disapproved. It appeared to the Commission that all parties wishing to appear and conunent 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 April 11, 2005, Snowload, LLC, represented by Gaston Engineering and SUlVeying, Pc, submitted an application for approval to create a Major Subdivision of 37.66 acres into 53 residential lots. The property is legally described in Document No. 2012272, Records of Gallatin County and situated in the E 1h, SE 1;4 of Section 32, TIS, R6E, aty of Bozeman, Gallatin County, Montana. The -2- of Fact and subject property is zoned R-S Residential Suburban District and R-1 Residential Single- Household, Low Density District. II. The comments of the Development Review Conunittee, 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 June 6,2005. 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 June 21,2005. 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 public testimony regarding: the desire to have a fence installed on the property line on the north side of the creek to protect the adjacent landowner's agricultural interests; the need for speed limit enforcement on Highway 86; and the need for additional landscaping along Highway 86. 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 6 in favor and 0 in opposition. V. IV. The application was considered by the Bozeman GtyCommission at its regular meeting on July 5,2005, at which time the reconunendation of the Planning Board and infonnation compiled byGty staff was reviewed. 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. There are agricultural uses on the neighboring property to the north and west. The neighbor has asked that a fence be constructed along the shared property line to protect their agricultural mterests. B. Compliance with the following: 1. The survey requirements provided for in Part 4 of the Montana Subdivision and Platting Act. The subdivision currently complies and will remain in compliance with swveyrequirements 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 18.42.060.B requires all utility easements to be noted on the Final Plat. ~3~ I.Cni1ekwood Ma.jor Subdivision Findirig$(jfF~:~~:.i~ili~::::::prder .:i~:~~il:~.~6 b. Section 18.44.040.A1 requires new streets aligned with existing streets to have the same name as the existing street. The developer shall coordinate the east to west road name with the adjacent landowner specifically in regards to the continuation of Boylan Road. c. Section 18.50.080.B requires park boundaries to be delineated at the common private/ public comer pins, with flat, flexible fiberglass posts, a minimum of 6 feet in length with no less than 2 feet driven into the ground. d. Section 18.50.110 requires pathways to be maintained by the developer in conformance with the approved maintenance plan until 50% of the lots are sold. Thereafter the Home Owners Association is responsible for pathway maintenance. Plans and Specificat.ions for the trail will need to be reviewed by the Parks Department prior to construction. e. Section 18.78.060.E requires measures to preserve trees and critical plant communities. No existing mature vegetation shall be removed from the site unless approved by the City of Bozeman Planning Office. f. 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. g. Section 18.78.070.D requires a Final Park Plan to be submitted prior to Final Plat approval. Two bound copies of the plan shall be submitted to the Planning Office for review prior to installation of any improvements or upon Final Plat approval, whichever comes first. The document shall address all of the criteria outlined in Section 18.78.060.P. h. 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 Gty Engineer. The master plan must depict the maximwn sized retention! detention basin location, and locate and provide easements for adequate drainage ways within the subdivision to transport runoff to the stonnwater receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin sites, drainage ways, and lot finished grades), typical stonnwater 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. Storm water ponds shall not be located on private lots. Detailed review of the final grading and drainage plan and approval by the Gty Engineer will be required as part of the infrastructure plan and specification review process. -4- l:it'llillll~od M'IIiI~{:'lillllll!l~llllbiriFihdihgs efFact ahd Order #~~@$O l.~ 1. The Developer's engineer will be required to prepare a comprehensive design report evaluating existing capacity of water and sewer utilities which must be provided to and approved by the Gty Engineer. The report must include hydraulic evaluations of each utility for both existing and post-development demands. The report findings must demonstrate adequate capacity to serve the full development. The report must also identify the proposed phasing of water and sewer construction. 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 will be responsible to complete the necessary system improvements to serve the full development. All water mains over 500 feet in length must be looped. J. Upon availability of service, any existing residence/business on the property must be connected to Gtywater and sewer utilities. The existing on-site treatment systems must be properly abandoned and certification provided the abandonment occurred. Any wells presently used for domestic pwpose can be retained for irrigation only with no physical connection to domestic water piping. k An Occupancy Permit must be obtained from the Montana Department of Transportation for the location of water and sewer mains with the State's right-of-way. 1. The location of and distinction between existing and proposed sewer and water mains and all easements shall be clearly and accurately depicted on the plans and specs, as well as all nearby fire hydrants and proposed fire hydrants. m. Anyeasements needed for the water and sewer main extensions shall be a minimum of 30 feet in width. While the final location of the water and sewer mains will be determined once the final street widths are approved, in no case shall the utility be less than 10 feet from the edge of the easement All necessary easements shall be provided prior to final plat approval and shall be shown on the plat. Wherever water and! or sewer mains are not located under or accessed from improved streets, a 12 foot wide all weather access drive shall be constructed above the utilities to provide necessaryaccess. n. Plans and Specifications for water and sewer main extensions, prepared and signed bya Professional Engineer (PE) registered in the State of Montana shall be provided to and approved by the Gty Engineer. Water and sewer plans shall also be approved by 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. No building permits shall be issued prior to Cty acceptance of the required infrastructure improvements. -5- Ic:rll\~i~i~9q~i.~~iiiil~ii:iiili~~:I~i.~:i'9111Findings of Fact. and Order #i:jilH~ilil:ii~i:ii:QI o. Street names must be approved by the Gty Engineer and county road office prior to final plat approval. p. All streets contained within the subdivision shall be within dedicated public right of way. The streets shall be private and not maintained by the Gty of Bozeman. q. Gty standard curb, gutter and sidewalk shall be provided along all streets in the subdivision. Per Chapter 18.44.080 of the Unified Development Ordinance, sidewalks will be installed prior to occupancy of any individual lots. r. All typical street sections, including sidewalk location within the right-of-way and provisions for bicyclists shall be in confonnance with the street standards recommended in the Greater BazernmA rea TransportationPIan, 2001 Update, unless otherwise approved by the Gty Commission, or by the Gty Engineer through the plan and specification review and approval process. s. Plans and Specifications for streets and storm drainage facilities, prepared and signed by a Professional Engineer (PE) registered in the State of Montana shall be provided to and approved by the Gty 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. No building pennits shall be issued prior to Gty acceptance of the required infrastructure improvements. t. The location of mailboxes shall be coordinated with the Gty Engineering Department prior to their installation. u. Project phasing shall be clearly defined on the infrastructure plans and specifications including installation of infrastructure. If concurrent construction will used in the development of this subdivision, all criteria in UDOsection 18.74.030D must be met. In addition a formal request for concurrent construction must be received during this review of the preliminary plat. v. The Montana Department of Fish, Wildlife and Parks, sa;, Montana Department of Environmental Quality and AnnyCorps of Engineer's shall be contacted regarding the proposed project and any required pennits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to plan and specification approval. w. If construction activities related to the project result in the disturbance of more than 1 acre of natural ground, an erosion! sediment control plan may be required. The Montana Department of Environmental Quality may need to be contacted by the Applicant to detennine if a Stormwater Discharge Pennit is necessary. If a pennit is -6- ~j('lp.i('l9S ofFdtt and Order #P.:05016 required by the State, the Developer shall demonstrate to the Gty full permit compliance. x. 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 18.7 4.020.Al 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. y. 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 Gty may require a guarantee as allowed for under 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. z. Applicant shall provide and file with the County Oerk and Recorder's office executed Waivers of Right to Protest Oeation of SID's for the following: a) Rouse Avenue - East Main to Stoty Mill, widen to 3-lane urban arterial. b) The signalization of Rouse and Griffin aa. Flood plain: a) A Flood Plain Development Permit must be obtained from Gty Engineering prior to FSP approval. b) The 100 year flood plain boundaty and flood elevations must be depicted on the FSP. c) Ollvert sizing design calculations shall be provided for the stream crossing. d) All buildings must be floodw proofed to at least 2' above the 100 year flood elevation. Elevation Certification must be provided for each building following completions of construction. 3. The local subdivision review procedure provided for in Part 6 of the Montana Subdivision and Platting Act. The Planning Board meeting and the Gty Commission hearing has been properly noticed, as required in the Unified Development Ordinance. -7- Cree~"!I?lI).!\'lMI #P-05016 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 instnlment of transfer concerning the parcel All lots within the subdivision will have direct access to the dedicated public streets. ORDER After considering all matters of record presented at the public hearing, the Bozeman Gty Gmunission 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. TI-IEREFORE, IT IS HEREBY ORDERED that the Preliminary Subdivision Plat of G-eek wood Subdivision for the property owner, Snowload, LLC, be approved, subject to the following conditions: 1. The watercourse, wetlands and watercourse setback shall be identified as "conunon open space" on the Final Plat and shall not be dedicated to the Gty. The applicant shall provide a public access easement for all "common open space" areas. 2. The signed annexation agreement and associated maps shall be submitted to the Gty Plarming Office prior to submittal of the Plans and Specifications or Final PUD Plan approval, whichever occurs first. 3. 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 Pennit. The final plat shall include a notation that due to high ground water conditions full or partial basements are not recommended. -8- CreekwoodMa 4. The City shall be party to any proposed modifications to the approved Covenants and Development Guidelines. 5. Construction plans shall be reviewed and approved by the HOA Architectural Committee prior to submitting a building pennit application. The plans shall include a stamp of approval from the Architectural Committee prior to City review. This language shall be incOlporated into the Covenants for the subdivision. 6. The detention ponds located in the park and open space areas shall be moved away from the parking lot and the trails. 7. The covenants shall specify that no dumping of waste or unused products is pennitted within the boulevard strips. 8. The covenants shall specify that driving on any area to be landscaped should be kept to a minimum. Plywood (or other weight bearing material) of sufficient thickness should be used under vehicles and equipment that will be operating on ground that will planted on later. This is to avoid soil compaction, thus giving the landscape a more beneficial environment in which to grow. 9. The subdivision shall comply with the approved Planned Unit Development. 10. The final plat shall include an updated landscape plan that meets the minimum landscape standards set forth in the UD.O and provides additional landscaping along the multiuse path as a buffer from Highway 86. 11. A fence shall be constructed along the property line on the north side of Bridger Oeek to protect the agricultural interests of the adjacent landowner. 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 CityCommission, byfollO'wing the procedures of Section 76-3-625, M.CA The preliminary approval of this subdivision shall be effective for three years from the date of adoption of these Findings by the CityCommission. 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 City of Bozeman Unified Development Ordinance. DATED this 6th day of September ,2005. -9- l.q.~~~:~~~~~ii:'P4Q:iii~r:ii~i~:fivision Findi ng$df::Fa~iii:i:liili~'i:,:i~faer ATTEST: ~1:2 s{f fJ-:-- Oerk of the Conunission #P-05016 TY COMMISSION By: Andre -10-