HomeMy WebLinkAbout06- Annie Phase 3B
BEFORE THE BOZEMAN CITY COMMISSION
GALLATIN COUNTY, MONTANA
IN THE MATTER OF THE APPLICATION OF ROGER AND ROSALIND FINDINGS
SMITH, OWNERS, FOR PRELIMINARY API'ROV AL OF THE PLAT O~' OF FACT
ANNIE PHASE 38 SUBDIVISION AND ORDER
This matter came before the Bozeman City Commission on February 21, 2006, for review and
decision pursuant to thc Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-625,
Montana Codes Annotated, the Bozeman 2020 Community Plan, and Bozeman Unified Development
Ordinance. The applicant/owner presented to the Commission a proposed Preliminary Plat to subdivide ~
1.5 acres into 7 lots for residential use, and open space area, as submitted in its original fom1 on November9,
2005, (#P-05068). 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 November 9, 2005, the applicant / owner, Roger and Rosalind Smith, 2305 Durston Road,
Bozeman, MT 59718, submitted an application for approval of the plat of Annie Phase 3B, a major
subdivision to develop 7 lots for residential use, and open space area, on ~ 1.5 acres of property zoned R-3
(Residential Medium Density District). The property is legally described as a portion of Lot 1 of Annie
Subdivision Phase II, situated in the SE ~ of Section 2, T2S, R5E, PMM, City of Bozeman, Gallatin County,
Montana.
II.
The comments ofthe Development Review Committee, along with those of Planning & Community
Development StafT, were incorporated into a Staff Report with suggested conditions of approval, whieh was
provided to the Bozeman Planning Board.
III.
Notice of the time and date ofthe public hearings was postcd at the site. The notice was mailed to all
adjoining property owners by certified mail on January 20,2006. Notice of the time and date of the public
hearings was published in the Bozeman Daily Chronicle on January 22, 2006 and January29, 2006. Said
notice also served to inform interested persons that materials were available for review at the Bozeman
Planning & Community Development Department.
The Bozeman Planning Board considered the application at its regular meeting on Fcbruary 7, 2006.
The Planning Board found that the application was properly submittcd and reviewed under the procedures of
the 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 requcsted subdivision.
The Planning Board then opened the public hearing. There was no comment from the general public.
Receiving no response, the Board closed the public hearing. The Board discussed the adjacent detcntion
pond and open space, and the block length. The Board discussed the conditions, and agreed that the
conditions outlined in the stafl report were necessary. The Planning Board then voted on a motion regarding
the subdivision. 'fhe motion, to recommend approval of the subdivision with the conditions as rccommended
by Staff, passcd on a vote of 8 in favor and 0 in opposition.
IV.
The application was considercd by the Bozeman City Commission at its regular meeting on February
21,2006, at which time the recommendation of the Planning Board, presented in Planning Board Resolution
#- P-05068, and information compiled by City staff was reviewed.
The applicant made a formal presentation in favor of the requested subdivision.
There was no comment from the general public.
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.
1. .f-..YJects on Agriculture.
Due to the small size and infillloeation of the property, there has been no agricultural use of the
property in the recent past.
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2. Effects on Agricultural Water U'ler Facilities.
Not applicable. The west fork of East Catron Creek is not located on this property, but is adjacent to
the eastern edge.
3. Effects on Local Services.
Water/Sewer: Water/Sewer services can be provided by extension and connection to the municipal
water and sewer systems.
Streets: Access to the subdivision will be from the existing Annie Street.
4. Effects on the Natural Environment.
Plans and specifications for storm water management will have to be provided to and approved by the
City Engineer. Applicant has entered into an agreement for a Noxious Weed Management and
Revegetation Plan with the Gallatin County Weed Board.
5. Effects on Wildlile and Wildlife Habitat.
Due to the small size and infilllocation ofthe property, no significant adverse effects on wildlife or
their habitat have been identified on the property.
6. Effects on Public Health and Safety.
Because municipal sewer will service development in the subdivision, the threat of groundwater
degradation from onsite sewage disposal will be eliminated. There are no known, unmitigated
natural or man-made hazards on this property.
B. Compliance with the following:
1. The survey requirements provided for in Part 4 of the Montana Subdivision and Platting
Act.
The subdivision complies or will comply with survey requirements of the Act.
2. The local subdivision regulations provided for in Part 5 of the Montana Subdivision and
Platting Aet.
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. A watercourse setback planting plan shall be prepared by a qualified landscape professional and
shall be reviewed and approved by the Planning Department prior to the commencement of
development or site preparation. The plan shall include a schedule for planting and landscaping
as outlined for Zone I and Zone 2 outlined in Section 18.42.1 00.
b. Pursuant to Section 18.42.150, subdivision lighting shall be provided.
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c. Pursuant to Section 18.50.090, executed waivers of right to protest creation of special
improvement districts (SIDs) for a park maintenance district shall be filed and of record with the
Gallatin County Clerk and Recorder prior to final plat approval. A copy of the filed documents
shall be submitted with the final plat.
d. Covenants, restrictions, and articles of incorporation for the creation of a homeowners'
association shall be submitted with the final plat application for review and approval by the
Planning Office and shall contain, but not be limited to, provisions for assessment, maintenance,
repair and upkcep of common open space areas, public parkland/open space corridors,
stormwater facilities, public trails, snow removal, and other areas common to the association
pursuant to Chapter 18.72 of the Bozeman Uniiied Development Ordinance.
c. Prior to final plat approval, a common area and facility maintenance plan and guarantee shall be
provided for the permanent carc and maintenance of open spaces, recreational areas, storm water
facilities and parking lots in accordance with Chapter 18.72 or the Bozeman Unified
Development Ordinancc. The same shall be submitted to the city attorney and shall not be
accepted by the city until approved as to legal form and effect. A draft of these documents must
be submitted for review and approval by the Planning Department at least 30 days prior to filing
and recordation with the Gallatin County Clerk and Recorder.
f. The Final Plat shall conform to all requirements of the Bozeman Unified Development
Ordinance and the Uniform Standards for Final Subdivision Plats and shall be accompanied by
all required documents, including certification from the City Engineer that as-built drawings for
public improvements were received, a platting certificate, and all required and corrected
certificates. The Final Plat application shall include four (4) signed reproducible copies on a 3
mil or heavier stable base polyester film (or equivalent); two (2) digital copies on a double-sided,
high density 3-1/2" floppy disk; and five (5) paper prints.
g. Pursuant to Section 18.06.040.D.6, conditional approval of the Preliminary Plat shall be in force
for not more than one calendar year for minor subdivisions, two years for single-phased major
subdivisions and three years for multi-phased major subdivisions. Prior to that expiration date,
the developer may submit a lcttcr of request for the extension of the period to the Planning
Director for the City Commission's consideration. The City Commission may, at the written
request of the developer, extend its approval for no more than one calendar year, except that the
City Commission may extend its approval for a period of more than one year if that approval
period is included as a specific condition of a written subdivision improvements agreement
between the City Commission and the developer, provided for in 918.74.060, BMC.
h. Pursuant to Section 18.74.030.B, if it is the developer's intent to tile the plat prior to installation,
certification, and acceptance of all required improvements by the City of Bozeman, an
Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the
completion of all improvements in accordance with the Prcliminary Plat submittal information
and conditions of approval. If the Final Plat is filed prior to the installation of all improvements,
the developer shall supply the City of Bozeman with an acceptable method of security equal to
150% of the cost of the remaining improvements.
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1. Pursuant to Section I 8.06.060, the applicant shall submit with the application for Final Plat
review and approval, a written narrative stating how each of the conditions of preliminary plat
approval has been satisfactorily addressed, and specifically (tab, page, paragraph, etc.) where this
information can be found.
3. The local subdivision review procedure provided for in Part 6 ofthe Montana Subdivision
and Platting Act.
The hcarings before the Planning Board and thc City Commission have been properly noticed, as
required in the Bozeman Unified Development Ordinance. The notice was mailed to all adjoining
property owners by certified mail on January 20, 2006. The proposed project was noticed in the
Bozeman Daily Chronicle on January 22, 2006 and January 29, 2006.
C. The provision of casements for the location and installation of any planned utilities.
All utilities and necessary utility easements will be provided and depicted on the final plat.
J). The provision of legal 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 will have direct access to thc dedicatcd public streets.
ORDER
After considering all matters of record presented at thc public hearing, the City Commission found
that the proposed subdivision would comply with the Bozeman 2020 Community Plan and the requirements
of the Montana Subdivision and Platting Act, and the Bozeman Unified Development Ordinance, if certain
conditions were imposed. The evidencc, as stated or referenced in the Findings of Fact, justifies the
imposition of the conditions ordered hcrein to ensure that the final plat complies with all applicable
regulations and all required criteria.
THEREFORE, IT IS HEREBY ORDERED that the Prcliminary Subdivision Plat of the Annie Phasc
313 Subdivision, for Roger and Rosalind Smith, be approved subject to the following conditions:
1. The watercourse setback shall be designated as a public access easement, common open space for
ownership and maintenance of the homeowners association.
2. The final plat shall provide ajoint access easement between Lots I and 2, and either Lots 3 and 4 or Lots
4 and 5, and Lots 6 and 7. The access easement shall be situated on the common lot line ofthe lots and
shall comply with Section 18.44.090.C.
3. Pursuant to Section I 8.42.040, Planning will be able to support a block length in excess of 400 feet in
width to overcome thc specific disadvantages of orientation due to the location adjacent to an existing
block in excess of 400 feet in width without a connecting right-of-way for a pedestrian walk.
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4. Water rights, or cash-in-lieu thereof~ as calculated by the Director of Public Service, is due with the final
plat.
5. Applicant shall provide a soils report, along with building plans, to the Building Division,
recommending types of foundations. If development shall occur in phases, the soils report may address
those lots within the proposed phase.
6. The final plat shall comply with the standards identified and rcferenced 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.
7. The subject property is located within the Far West SID #621 sewer and the HRDC water payback
districts. Paybacks shall be made prior to filing the final plat.
8. 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.
No huilding permits shall be issued prior to substantial completion and City acceptance of the
required infrastructure improvements.
9. All infrastructure improvements ineluding I) 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 drainagc 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
final plat for the subdivision.
10. The location of existing water and sewer mains shall be properly depicted. Proposed main extensions
shall be noted as proposed.
II. Flood plain:
a) The 100 year flood plain boundary must be shown on the final plat.
12. 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 Final Plat approval.
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13. 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 thc final plat.
14. 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.I 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
constmction traffic follows the approved routes.
IS. All construction activities shall comply with section 18.74.020.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 comp1cte. The developer shall be responsible to
reimhurse the City for all costs associated with the work if it hecomes necessary for the City to correct
any problems that are identified.
16. Annie Street shall be improved from North 251h to the end of the existing improvements to the east. This
shall include curb and gutter on both sides, sidewalk on the south side only, and the necessary utility
extensions. The sidewalk may be instal1cd with the houses as allowed by code.
17. No huilding permits shall be issued until the construction contract for the Durston Road SID project has
been let.
18. Since the previous preliminary plat approval on this subdivision, 4-way stop control has been added to
the intersection of 251h and Annie. Therefore, the installation of curb bulbs is no longer required.
19. As part of the street improvements, the applicants should coordinate with the utility company to have the
box on the southeast quadrant of the intersection relocated out of the right of way and into the utility
easement so that the sidewalk can he installed in the proper location.
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, hy
following the procedures of Section 76-3-625, M.C.A. Pursuant to Section 18.06.040.0.6, U.D.O,
conditional approval of the Preliminary Plat shall be in force for not more than one calendar year for minor
subdivisions, two years for single-phased major subdivisions and three years for multi-phased nu~jor
subdivisions effective 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 1 st_day of May, 2006.
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BOZEMAN CITY COMMISSION
By ~CL{~
Jeff r ISS ' yor
,
ATTEST: I / APP~._..O\{ED .AS'fg. FOR. M:
(1' /'! iLL /aiL$t;)~,U{/
Devin M. Harbour Paul Luwc
Acting Clerk of the Commission City Attorney
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