HomeMy WebLinkAbout05- Sundfish Park Minor Subdivision
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BEFORE THE BOZEMAN CITY COMMISSION
GALLATIN COUNTY, MONTANA
IN THE MATTER OF THE APPLICATION OF BOZEMAN
BUILDING TRADITIONS, P.O. BOX 4480, BOZEMAN MT
59772-4480, REPRESENTED BY C&H ENGINEERING, INC.
205 EDELWEISS DRIVE, BOZEMAN MT 59718, FOR
PRELIMINARY PLAT APPROVAL OF SUNDFISH PARK
MINOR SUBDIVISION.
FINDINGS
OF FACT
AND ORDER
This matter came before the Bozeman City Commission on August 15, 2005, for review and
decision pursuant to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-625,
Montana Codes Annotated (MCA), the City of Bozeman Unified Development Ordinance, and the City
of Bozeman 2020 Community Plan. The applicant's representative presented to the Commission a
proposed Preliminary Subdivision Plat for a five (5) lot minor subdivision with one (1) common area
open space as submitted in its original form on May 20, 2005. 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 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
1.
On May 20, 2005, Bozeman Building Traditions, P.O. Box 4480, Bozeman, Montana 59772,
represented by C&H Engineering, Inc., 205 Edelweiss Drive, Bozeman MT 59718, submitted an
application for approval of a five (5) lot minor subdivision with one common area preliminary plat. The
property is legally described as that part of the SW1f4 of Section 31, T1S, R6E, PMM, Gallatin County,
Montana, described as follows: commencing at the W1/4 comer of said Section 31; thence southerly 1770
45' 52", assumed azimuth from north, 299.9 feet along the west line of the SW1f4 of said Section 31, to
the point of beginning of the property to be described; thence easterly 0870 46' 48" azimuth 399.82 feet;
thence southerly 1770 47' 35" azimuth 200.00 feet; thence westerly 267046' 48" azimuth 399.71 feet;
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thence northerly 3570 45' 52" azimuth 200.00 along said west line to the point of beginning. The
property in question contains 1.84 acres ofland is located at 780 Manley Road. The site in question was
preliminarily approved for annexation (#A-04016) with an initial municipal zoning designation ofR-1
(Residential Single Household District) (#Z-04092) by the City Commission on February 22,2005. As
noted in the conditions of approval, the Annexation and Zone Map Amendment have not yet been
finalized, but must be prior to installation of any infrastructure and/or acceptance of a Final Plat.
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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 City of Bozeman Planning Board.
III.
Notice of the time and date of the public meeting and public hearing was mailed to adjoining
property owners and posted at the site on July 29, 2005. Said notice was also printed in the newspaper
on July 31, 2005. Said notices served to inform interested persons that materials were available for
review at the Bozeman Planning & Community Development Department.
The City of Bozeman Planning Board opened the public meeting on August 2, 2005. The
Planning Board found that the application was properly submitted and reviewed under the procedures
of the City of Bozeman Unified Development Ordinance. Staff reviewed the staff report and the
evidence, which justified the imposition of conditions.
The applicant made a formal presentation in favor of the requested subdivision.
The Planning Board then opened the public meeting. Noone made public comment. The
Planning Board then closed the public meeting.
The City of Bozeman Planning Board then moved to recommend approval of the subdivision
with conditions as recommended by Staff, on a vote of 5 in favor and 1 in opposition.
IV.
The application was considered by the Bozeman City Commission at its regular meeting on
March 7,2005, at which time the recommendation of the Planning Board and information compiled by
City staff was reviewed.
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v.
The application was considered by the Bozeman City Commission and weighed against the
review criteria established by Statute, and found as follows:
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 is not currently used for agricultural purposes. The 2020 Plan was recently
amended to designate this property as "Residential" on the Future Land Use Map. Municipal
water, sewer, roads and emergency services will be provided to the property as long as the
annexation is finalized. The subdivision must be designed to ensure adequate water, sewer, and
street capacity exist to support the proposed subdivision. A ditch maintenance easement is
required as noted in the code provisions.
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 survey requirements
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 unmct 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) Conditional approval of the preliminary plat shall be in force for not more than one (1)
calendar year, as stated in Section 18.06.040.0.6. 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.
(b) Section 18.42.060 requires all easements to be noted on the Final Plat. Note: the
irrigation ditch easement must be at least 10 feet on either immediate side of the ditch.
(c) Per Section 18.42.150, a street light will be required at the intersection of Turtle Court
and Manley Road in accordance with Table 42-2. All subdivision lighting shall be
operated and maintained through the creation of a new SILD, through annexation to an
existing SILD, or through some other equivalent mean approved by the City of
Bozeman.
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(d) All improvements shall be subject to Chapter 18.74, "Improvements and Guarantees"
(e) The final plat submittal shall be in conformance with Section 18.06.060 "Final Plat
Application" and Section 18.78.070 "Final Plat" and shall include four (4) signed mylars
(or equivalent); two (2) digital copies on a double-sided, high density 3%-inch floppy
disk or compact disk; and five (5) paper prints.
3. The local subdivision review procedure provided for in Part 6 of the Montana
Subdivision and Platting Act.
The Planning Board meeting and the City Commission hearing has been properly noticed,
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 proposed lots will have legal and physical access onto a new local public street - Turtle Way.
ORDER
After considering all matters of record presented at the public hearing, the Bozeman City
Commission found that the proposed subdivision would comply with the adopted Growth Policy, the
requirements of the City of 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.
THEREFORE, IT IS HEREBY ORDERED that the Preliminary Subdivision Plat for Sunfish
Park Minor Subdivision, owned by Bozeman Building Traditions, P.O. Box 4480, Bozeman, Montana
59772 represented by C&H Engineering, Inc., 205 Edelweiss Drive, Bozeman MT 59718, to allow a
five (5) lot minor subdivision with one common area be approved, subject to the following twenty-five
(25) conditions:
1. The Annexation and Zone Map Amendment must be finalized pnor to installation of
infrastructure and/ or acceptance of a Final Plat.
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2. Regarding the draft Declaration of Covenants and Restrictions, the following changes shall be
made:
a. All references to the "Zoning Ordinance" or "Uniform Development Code" shall be
replaced with "Unified Development Ordinance;"
b. Page 2 of 17, the word "structures" shall be changed to "lighting;"
c. Page 5 of 17 needs to be revised to prohibit fencing greater than four (4) feet in height;
d. The covenants shall address maintenance of open space in more detail;
e. All typos, grammatical errors, etc. shall be corrected.
3. The Final Plat shall include clarification on the existing property line location and right~of~way
for Manley Road.
4. The Montana Department of Fish, Wildlife and Parks, NRCS, Montana Department of
Environmental Quality and Army Corps of Engineer's shall be contacted regarding the
proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be
obtained prior to plan and specification approval.
5. "Turtle Court" must be approved by the City Engineer and county road office prior to final plat
approval. A street name sign and a stop sign will be required at the intersection of the proposed
street and Manley Road.
6. Section 18.44.030.A.2 of the Unified Development Ordinance states "Two streets meeting a
third street from opposite side shall be offset at least 125 feet for local roads." Per UDO
section 18.44.090.H.3, the applicant must submit to the City Engineer a report certified by a
professional engineer addressing why a relaxation of the UDO intersections requirements is
necessary. This report should be a brief summary addressing the following: estimated traffic
volumes, projected turning movements, any traffic controls, site design, sight clearance, and
location and alignment of other access points.
7. The developer shall make arrangements with the City Engineer's office to provide addresses for
all individual lots in the subdivision prior to filing of the final plat.
8. The location of mailboxes shall be coordinated with the City Engineering Department prior to
their installation.
9. 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 City Engineer. The master 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 receiving 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. Storm water ponds
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shall not be located on private lots.
Detailed review of the final grading and drainage plan and approval by the City Engineer will be
required as part of the infrastructure plan and specification review process.
10. UDO section 18.42.080.C states: "Drainage systems shall not discharge into any sanitary sewer
facility or agricultural water user facility." It has been established that the ditch that flows on
the Eastern and Northern boundaries of the property is classified as an agricultural water source.
Therefore, a different discharge point must be used for the stormwater runoff.
11. The new street shall be constructed to follow the City of Bozeman Local Street Standards with a
31-foot back of curb to back of curb width with a standard boulevard sidewalk. However,
sidewalk will only need to be constructed on the north side of the Street because of the street's
close proximity to the East Gallatin Recreation Area and existing trail.
12. A public access easement of 60 feet will be required for the construction of the new street.
13. Additional right-of-way must be provided on the east side of Manley Road to complete the total
right-of-way of 90 feet required for a collector.
14. The applicant shall provide and f1le with the County Clerk and Recorder's office executed
Waivers of Right to Protest Creation of Special Improvement Districts (SIDs) for the following:
street improvements to Manley Road including but not limited to paving, curb / gutter, sidewalk,
and storm drainage.
15. Upon availability of service, any existing residences/businesses on the property must be
connected to City water and sewer utilities. The existing on-site treatment systems must be
properly abandoned and certification provided the abandonment occurred. Any wells presendy
used for domestic purpose can be retained for irrigation only with no physical connection to
domestic water piping.
16. Prior to construction, a 20-foot sewer easement to connect sewer service through the Gallatin
Park Subdivision must be filed.
17. Plans and specifications for any water, sewer and/ or storm sewer main extensions, and Public or
Private Streets (including curb, gutter & sidewalks) prepared by a Professional Engineer (FE)
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. The applicant shall also
provide Professional Engineering services 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 and specifications have been
approved and a pre-construction conference has been conducted. No building permits will
be issued prior to City acceptance of the infrastructure improvements.
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18. 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.A.l 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.
19. All construction activities shall comply with section 18.7 4.020.A.2 of the Unified Development
Ordinance. This shall include routine cleaning/ sweeping of material that is dragged to adjacent
streets. The City may require a guarantee as allowed for under this section at any time during
the construction to ensure any damages or cleaning that are required are complete. The
developer shall be responsible to reimburse the City for all costs associated with the work if it
becomes necessary for the City to correct any problems that are identified.
20. All required street tree plantings will require street tree permits from the Forestry Department.
21. The Wedands Review Board recommends that a 25-foot setback be maintained with the five
feet immediately adjacent to the ditch left as an un-maintained vegetation strip except for annual
"maintenance" or mowing event to control weeds.
22. The Wedands Review Board recommends that the City Engineers review the particular
construction requirements of this basin as it relates to overflow timing. Of particular interest to
the WRB Board was whether the catchment basin incorporated a water level control structure
that would effectively allow oils and pollution solids to either break down or be removed from
the surface of the basin prior to oudetting direcdy into waterway. Even though the oudet is a
man-made ditch, the water flows perennially and almost immediately into the East Gallatin
River; the Board recommends that the design of this catchment basin be appropriately designed
with these considerations in mind.
23. The Recreation and Parks Advisory Board: The existing hedges along the southern boundary of
the property shall be maintained and extended the full length of the property line to provide an
adequate buffer for the trails and park to the south.
24. The sewer manhole at the end of the cul-de-sac on Turde Court shall be moved west 20 feet to
accommodate the possibility of a sewer main extension that would go direcdy south from this
manhole to serve the East Gallatin Recreation Area. At this time it appears a sewer service/main
will not be feasible due to grade. However, if in the future it can be proven that it would be
feasible, a sewer main extension or service line may be required.
25. The water main shall be extended to the east property line to serve the East Gallatin Recreation
Area. This main will need to run through the open space, via an easement, and under the ditch
to the next lot.
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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, MCA. The preliminary approval of this subdivision
shall be effective for one year 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 Unified Development Ordinance.
DATED this 6th day of September ,2005.
Robin L. Sullivan
Clerk of the Commission
ATTEST:
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