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HomeMy WebLinkAbout05- West Winds Phase II liii:::iil~~~iiiiill~ili~iiiiiiil.~i~iliiiiiiijii,iiiii:i=indings of Fad al')l<f>ril~~ II~~~5t:>.!f8 1 BEFORE THE BOZEMAN CITY COMMISSION GALLATIN COUNTY, MONT ANA IN THE MATTER OF THE APPLICATION OF FINDINGS CASCADE DEVELOPMENT INC REPRESENTED BY OF FACT THE APPLICANT HKM ENGINEERING, FOR AND ORDER PRELIMINARY APPROVAL OF THE SUBDIVISION OF U9 ACRES INTO 113 RESIDENTIAL LOTS AND A 95 ACRE RESIDENTIAL REMAINDER AS PHASE 2A AND 2B. This matter came before the Bozeman Gty Commission on October 17, 2005 for review and decision, pursuant to the Montana Subdivision and Platting Act, Section 76w3-101 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 Preliminary Subdivision Plat for a Major Subdivision of 129 acres into 113 residential lots and a 95 acre remainder as Phase 2A and 2B as submitted on August 9, 2005, # pw05048. 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 detennine 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 O:>mmission makes the following Findings of Fact, as required: FINDINGS OF FACT I. On August 9, 2005, Cascade Development Inc, represented by HKM Engineering, submitted an application for Preliminary Subdivision Plat for a Major Subdivision of 129 acres into 113 residential lots l~estWinds Phasell~iooiiil'l\9i~iiiiiiHliillll"ari~ii~~aS,. #;:PM05048 I and a 95 acre remainder as Phase 2A and 2B. The propertyis legally described as NW%, Section 2, TIS, RSE, P.M.M., Gty of Bozeman, Gallatin O:>unty, Montana. The subject property is zoned Rw3 Residential Medium Density District. II. The comments of the Development Review Committee, along with those of Planning & Community Development Staff, were inco1porated 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 September 30,2005. 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 October 4, 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 6 in favor and 0 in opposition. -2- . IV. The application was considered by the Bozeman Gty Commission at its regular meeting on October 17, 2005, at which time the recommendation of the Planning Board and information compiled by Gty 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 previous 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 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 Ullmet 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. b. Section 18.42.180 requires 10% of the net buildable area to be devoted towards Restricted Size Lots. -3- I West WindsPhas~ll. Findings of Fal:t~i~~i:iiili~~i~~ ~P;c)~~~:l!l I c. 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. 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 Specifications for the trail will need to be reviewed by the Parks Department prior to construction. e. Section 18.7 4.030.B.3 states that priorto 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 permits shall not be issued until the improvements are installed unless otherwise permitted under concurrent construction. Since the subdivision was approved for concurrent construction building permits may be issued but Certificates of Occupancy will not be granted until the lights are installed or the Gty Commission formally directs staff to establish the boundaries for an SlID. f. Section 18.78.070.C states that a Memorandum of Understanding shall be entered into by the Weed O:>ntrol 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 18.06.040 states that approval shall be in force for not more than three years for major subdivisions. h. Storm Water 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 has been provided to the Gty Engineer. The applicant is advised that although the general storm drainage and grading concept has been reviewed, the submitted data will be subject to further review as part of the infrastructure plan and specification review process. 1. Stormwater generated by the proposed subdivision shall not be discharged to an irrigation facility. ). The Developer's engineer has provided a comprehensive Design Report evaluating existing capacity of water and sewer utilities for the entire West Wmds P.D.D. Detailed review and approval of the Design Report will be required as part of the infrastructure plan and specification review and approval process. -4- k The location of and distinction between existing and proposed sewer and water mains and all easements shall be clearlyand accurately depicted on the plans and specs, as well as all nearby fire hydrants and proposed fire hydrants. I. 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. m. Plans and Specifications for water and sewer main extensions, prepared and signed bya Professional Engineer (FE) 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-O:>nstruction 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 Gty acceptance of the required infrastructure improvements unless approved for concurrent construction. n. Street names must be approved by the Gty Engineer and county road office. o. 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. p. The applicant is advised that the installation of any traffic calming devices will be considered in detail and approved if appropriate during the infrastructure plan and specification review process. q. All typical street sections, including sidewalk location within the right-of-way and provisions for bicyclists shall be in conformance with the street standards recommended in the Greater BazermnA 1m TransportationPIan, 2001 Update, unless otherwise approved by the Gty Commission, or by the Gty Engineer through the plan and specification review and approval process. r. Baxter Road, along the property boundary, shall be improved, as part of this development, to one half of a minor arterial standard as shown in the Greater Bozeman Area Transportation Plan 2001 Update and shall match the section built by Baxter -5- Meadows. North 27th Avenue, along the property boundary, shall be improved, as part of this development, to one half of a collector standard and shall match the section built by Harvest Creek Where one half of a standard collector or arterial is being built 12 feet of pavement for the opposing lane of travel shall be provided. Gty standard curb and gutter, and 6 foot wide sidewalk will be required in the standard location on the development's side of the street. Detailed review of the street and intersection design, and approval by the Gty Engineer will be required as part of the infrastructure plan and specification review 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, PostwO:>nstruction Certification, and preparation of mylar Record Drawings. O:>nstruction 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 Gty acceptance of the required infrastructure improvements unless approved for concurrent construction. t. Project phasing shall be clearly defined on the infrastructure plans and specifications including installation of infrastructure. u. Detailed review and approval of the concurrent construction plans will be part of the infrastructure plan and specification review process for each phase. Building permits may not be issued until each plan is approved. v. The location of mailboxes shall be coordinated with the Gty Engineering Department prior to their installation. w. The Montana Department of Fish, WIldlife and Parks, SCS, Montana Department of Environmental Quality and ArmyCo1ps 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. x. 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 determine if a Stormwater Discharge Permit is necessary. If a permit is required by the State, the Developer shall demonstrate to the Gty full permit compliance. y. 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 w6w 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. z. All construction activities shall comply with section 18.74.020.A2. of the Unified Development Ordinance. This shall include routine cleaningl sweeping of material that is dragged to adjacent streets. The Gty 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 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 and GtyO:>mmission hearings have 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 instroment 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 O:>mmission 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. -7- . li:iiiiiii~~~rWi nds Phase .IIFindif1g~iOf.F(]qjiiiiili!11~"~ij~~t #P-05048 '?: I ',':::'::)<:,:,: TIIEREFORE, IT IS HEREBY ORDERED that the Preliminary Subdivision Plat of West Wmds Phase II for the property owner, Cascade Development Inc., 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 Ullmet code provisions, or code provisions that are not specifically listed, does not, in anyway, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. Phase 2A and 2B of the West Wmds Subdivision shall comply with the approved Master Plan and Development Guidelines for the Planned Unit Development. 3. The final plat shall include a notation that due to high ground water conditions full or partial basements are not recommended. 4. Cash-in-lieu of Water Rights, as calculated by the Director of Public Service, shall be paid at the time the Final Plat is submitted. 5. A deed restriction shall be placed on Lot 5, Block 8 indicating that the parcel will be limited to use as an affordable housing project only. 6. A one foot no access easement shall be noted along North 27th Avenue and Baxter Lane. 7. The final plat shall note the area designated as public O:>mmon Open Space with a public access easement separate from the dedicated parkland. 8. The final plat shall contain a plat note indicating that the remainder tract was not created for the pUtpose of transfer and that any transfer of said tract may not occur prior to subdivision review of said remainder tract. 9. The plat currently indicates one additional lot within Phase 2 compared to the approved West Wmds Final PUD Plan. Since the GtyCommission agreed to a density cap for this development in lieu of additional parkland the applicant shall either remove one lot for a total of 112 residential lots in Phase 2, provide 0.03 acres of additional parkland or the equivalent cash in lieu, or the next phase of West Wmds shall provide one less lot. 10. The subdivider shall install intetpretive signs adjacent to the preserved "natural" portion of the unnamed ditch as described in the G.tltural Resource Inventory for the subdivision. The sign location and content shall be coordinated with the Gty of Bozeman Historic Preservation Planner. -8- . 11. The portions of the unnamed ditch proposed to be filled should be mapped, photographed and GPS coordinates shall be submitted for the entire corridor to the Gty of Bozeman Historic Preservation Office. 12. A detailed Traffic Study Report for the entire West Wmds Development has been provided to and reviewed by the Gty Engineer's office. The need for any traffic impact analysis updates will be identified at the time of preliminary plat submittal for each phase. 13. The west half of N 27th Avenue, from Tschache Lane to Baxter Lane, and the south half of Baxter Lane, from N 27th Avenue to the western boundary of Phase 2B must be constructed and accepted by the Gty prior to filing the Final Plat for either Phase 2A or 2B, or financially guaranteed and completed prior to occupancy. The overall design of Baxter Lane shall include a detailed assessment of traffic needs and design solutions for the phasing. The Phase 2 infrastructure improvements shall include improvements to the intersection of Baxter Lane and N 27th Avenue to provide a transition between the existing and the future roadway. Design of the intersection is also to accommodate the existing overhead power lines. The intersection design will be reviewed and approved by the Gty Engineering Office as a part of the infrastructure improvements review process. 14. In locations where Baxter Lane is being improved, the various irrigation ditches and! or streams ~hall ~e relocated outside the right-of-way, accommodated in an approved center median, or placed m a pIpe. 15. Parking will not be allowed on North 27th Avenue and Baxter Lane. 16. Any street rights of way which are within the boundaries of this subdivision and for which easements were provided with the XL Limited Partnership Annexation Agreement shall be dedicated to the Gty on the Final Plat for this subdivision. The applicant shall also dedicate the following: a. West half (additional 12.5 ft) of N 27th Avenue. b. South half (additional 5 ft) of Baxter Lane. This Gty Commission order may be appealed by bringing an action in the Eighteenth District O:>urt of Gallatin County, within 30 days after the adoption of these Findings by the Gty O:>mmission, by following the procedures of Section 76w3w62S, M.CA The prelirninaryapproval of this subdivision shall be effective for three 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. -9- . . l.j~estWinds Phase II Findings ofFac:fdh~:brder .i'T ii.iii..iill ~i,Pi!()i~:II.~ .. I DATED this J} dayof~, 2005. ~k'ttt;::-~ Andrew L. Cetraro, Mayor ATIE~ J ~ ~L Sullivan Oerk of the Commission -10.