HomeMy WebLinkAbout06- Pebble Brook 2nd/ Monor Subdivision
I PebhleBrClok Second/Subsequent MinorSubdivisiohFi:hdingsof Foct ond Order #P-05066 I
BEFORE THE BOZEMAN CITY COMMISSION
GALLATIN COUNTY, MONTANA
IN THE MATTER OF THE APPLICATION OF FINDINGS
HELENA SPRINGS PARTNERS REPRESENTED BY OF FACT
THE APPLICANT C&H ENGINEERING AND AND ORDER
SURVEYING, INC., FOR PRELIMINARY APPROVAL
OF PEBBLE BROOK SUBDIVISION.
This matter came before the Bozeman City Commission on January 17,2006 for review and
decision, pursuant to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-625,
Montana Codes Annotated, City of Bozeman Growth Policy, and City of Bozeman Unified
Development Ordinance. The applicant presented to the Commission a proposed Preliminary
Subdivision Plat for a Second/Subsequent Minor Subdivision of 4.77 acres into 4 lots as submitted on
November 2, 2005, #P-05066. 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
I.
On November 2, 2005, Helena Springs Partners, represented by C&H Engineering and
Surveying, Inc., submitted an application for approval to create a Second/Subsequent Minor
Subdivision of 4.77 acres into 4 lots. The property is legally described as Lot 1, Block 1, Baxter
IPehple Bro<5kSecond/Sqbsei:1uerltMinor$ubdivision findings of Fact and Order #P-Q5066 I
Meadows Subdivision Phase 1 and situated in the NE1/4, Section 3, T2S, RSE, PMM, City of Bozeman,
Gallatin County, Montana. The subject property is zoned R~3 (Residential Medium Density District).
II.
The comments of the Development Review Committee, along with those of Planning &
Community Development Staff, were incorporated into a staff report with suggested conditions of
approval, which was provided to the City of Bozeman Planning Board.
III.
Notice of the time and date of the public meeting and public hearing was posted at the site on
December 15,2005. Said notice also served to inform interested persons that materials were available
for review at the Bozeman Planning & Community Development Department.
The City of Bozeman Planning Board opened the public meeting on January 4, 2006. The
Planning Board found that the application was properly submitted and reviewed under the procedures
of the City of Bozeman Unified Development Ordinance. Staff reviewed the staff report and the
evidence, which justified the imposition of conditions.
The Planning Board then opened the public meeting. There was no public testimony. 1be
Planning Board closed the public meeting.
The City of Bozeman Planning Board then moved to recommend approval of the subdivision
with conditions as recommended by Staff and passed on a vote of 6 in favor and 0 in opposition.
IV.
The application was considered by the Bozeman City Commission at its regular meeting on
January 17,2006, at which time the recommendation of the Planning Board and information compiled
by City staff was reviewed.
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1..Pe:bbJ~.~rook Second/Subsequent Minor SIJl>di\1i$ionFindingsofFc::lGt.dl'\dOrd~r #F'~@:5066 I
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 not been used for agricultural purposes since it was incorporated into the city
limits. The property to south and east is set aside for the Regional Park and the property to the
west is being reviewed as a major subdivision. Subdivision of the property should not affect
agriculture, wildlife and wildlife habitat and public health and safety as long as the subdivision
adheres to the conditions of approval and complies with the Unified Development Ordinance.
The additional impact on local setvices will be evaluated with any development proposals. At a
minimum the subdivider must provide assurance with the final plat that no agricultural water
user facilities will be impacted by this development. Also the Planning Staff has recommended
a condition of approval that would require the watercourse/wetland setback to be identified
with temporary construction fencing. The intent of the condition is to maintain the quality of
the watercourse and the adjacent wetlands and to prevent litter and construction debris from
accwnulating in the area during construction. No construction activity will be permitted within
the fenced area and the subdivider is prohibited from using the watercourse setback for storage
of fill material.
B. Compliance with the following:
1. The sutvey 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 unless granted a relaxation through the Planned Unit
Development process. 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 fmal plat:
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I Pebble BrookSecor'ld/Subsequent.MinorSubc.tivisior'l Findings of Fact and Order #P~050$$ I
a. Section 18.06.040 states that approval shall be in force for not more than one year for
minor subdivisions.
b. Section 18.42.060.B requires all utility easements to be noted on the Final Plat.
c. Section 18.7 4.030.B.3 states that prior to fmal plat approval, subdivision lighting shall be
installed, fmancially guaranteed or a SILD shall be created and the bonds sold. If the
subdivision lighting is fmancially guaranteed they shall be considered as part of the
required street improvements and building permits shall not be issued until the
improvements are installed unless otherwise permitted under concurrent construction.
Since the original PUD was approved for concurrent construction buildingpennits may
be issued but Certificates of Occupancy will not be granted until the lights are installed
or the City Commission formally directs staff to annex the light to the boundaries of the
existing SILD.
d. Section 18.48.070 requires the subdivider to install irrigation, sod and street trees on all
external streets and adjacent to public parks or other open spaces.
eo Stormwater Master Plan:
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 basin location, show location
of 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 site, drainage ways and
finished lot grades), typical stormwater detention/retention basin and discharge
structure details, basin sizing calculations and a stonnwater maintenance plan.
Any stormwater ponds located within a park or open space shall be designed and
constructed to be conducive to the normal use and maintenance of the open space.
Stormwater ponds for runoff generated by the subdivision (e.g., general lot runoff,
public or private streets, common open space, parks, etc.) shall not be located on
easements within privately owned lots.
While the runoff from the individual lots will be dependent on the intensity of use on
each lot, the maximum sizing of the storm retention facilities for each lot will be
established based on maximum site development. Pinal facility sizing may be reviewed
and reduced during design review of the FSP for each lot.
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I Pebble Brook Second/SubsecquentMinorSubdivision Filldings of Fact ond Order #iPC,()5()i$$ I
f. Plans and specifications and a detailed design report for water and sewer main
extensions, storm sewer and the public street, prepared by a Professional Engineer, shall
be provided to and approved by the City Engineer and 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 pre-
construction conference has been conducted.
The underlying pun that dedicated the right of way currently has approval for
concurrent construction, and a concurrent construction agreement is in place.
Therefore, the Ferguson Avenue improvements may be completed concurrently
with the construction of the buildings on site. No building permits will be issued
until the plans have been approved, and no occupancy will be allowed until the
improvements are complete.
g. 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 stonn drainage infrastructure improvements shall be
financially guaranteed or constructed prior to Final Plat approval.
City 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 owner 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.
h. The location of existing water and sewer mains shall be properly depicted. Proposed
main extensions shall be noted as proposed.
1. The Montana Fish, Wildlife and Parks, SCS, 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 FSP approval.
3. The local subdivision review procedure provided for in Part 6 of the Montana
Subdivision and Platting Act.
The Planning Board and City Conurussion hearings have been properly noticed, as required
in the Unified Development Ordinance.
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I Pebble Brook. Second/Subsequent MinorSubdivision Fil'l~in9sof Fact and Order #P~05066 'I
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 flnal 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
Lots 1-3 will have shared access onto Baxter Lane. Lot 4 is exempt from review since the lot is
solely for essential services. The plat will need to include a note restricting the lot to utility
purposes only.
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 City of Bozeman Growth
Policy and 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 of Pebble
Brook Subdivision for the property owners, Helena Springs Partners, be approved, subject to the
following conditions:
1. The applicant shall 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 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. The subdivision shall comply with all approved conditions of the Baxter Meadows Phase I Planned
Unit Development.
3. The additional street lights required on Ferguson Avenue shall match the approved fixture for
Baxter Meadows PUD.
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I. Pebble Brook Second/Subsequent Mi nor Subdivi$icH"l.Fin~ij:)@s<>f Fact and Order #P-'OS066 I
4. The Final Plat shall include a note restricting Lot 4 to utility purposes only. .
5. Temporary construction fencing shall be installed along the 50 foot watercourse setback from the
delineated wetland edge. No fill or construction activity will be permitted within the fenced area.
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 City of Bozeman Unified Development Ordinance.
DATED this 21st day of February ,2006.
"?-">,-
~ST
RO~:t. ~
Clerk of the Commission
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