HomeMy WebLinkAbout03- Broadwater Court Planned Unit Development Major Subdivision
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BEFORE THE BOZEMAN CITY COMMISSION
GALLATIN COUNTY, MONTANA
IN THE MATTER OF THE APPLICATION OF
JOHN DUNLAP, QUEST WEST, L.C.C. REPRESENTED FINDINGS
BY C&H ENGINEERING AND SURVEYING, INC. OF FACT
FOR PRELIMINARY APPROVAL OF BROADWATER COURT AND ORDER
PLANNED UNIT DEVELOPMENT MAJOR SUBDIVISION
This matter came before the Bozeman City Commission on March 3, 2003, for review and
decision pursuant to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-625,
Montana Codes Annotated, and the Bozeman Area Subdivision Regulations, Bozeman 2020
Community Plan, and Bozeman Zoning Ordinance. The applicant presented to the Commission a
proposed Preliminary Subdivision Plat for a planned unit development major subdivision consisting
of 36 lots as submitted in its original form on August 9, 2002, P-02036. 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 August 9, 2002, John Dunlap, Quest West, L.L.C., represented by C&H Engineering and
Surveying, Inc., submitted an application for approval to create the Broadwater Court Subdivision, a
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I Broadwater Court PUD Major Subdivision Findings of Fact and Order #P-02036 I
planned unit development major subdivision dividing 3.33 acres into 45 townhouse lots zoned "R-3"
(Residential Medium Density District). The applicant did request waiver from the Subdivision
Regulations: 1) Section 16.14.130 (Watercourse Setback) - To allow for a 35-foot stream setback
along Ferguson A venue in order to continue the same setback as previously developed phases ofthe
Feq,JUson Meadows subdivision. The applicant did request concurrent installation of infrastructure
and dwelling unit construction under Sections 16.22.030 & 040 ofthe Subdivision Regulations. The
property is situated in the NE 1/4 of Section 10, T2S, R5E, PMM, City of Bozeman, Gallatin
County, Montana.
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 Bozeman Planning Board.
III.
Notice of the time and date of the public meeting and public hearing was posted at the site
and also published in the Bozeman Daily Chronicle on September 8 and 15,2002. Said notice also
served to inform interested persons that materials were available for review at the Bozeman Plarming
& Community Development Department.
The Bozeman Planning Board considered the application at its regular meeting on October 1,
2002. The Plarming Board found that the application was properly submitted and reviewed under the
procedures of the Bozeman Area Subdivision Regulations and the Bozeman Area Zoning Ordinance.
Staff reviewed the staff report and the evidence, which justified the imposition of conditions.
The applicant made a formal presentation in favor ofthe requested subdivision and agreed to
the conditions presented in the Staff Report.
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I Broadwater Court PUD Major Subdivision Findings of Fact and Order #P-02036 I
The Planning Board then opened the public hearing. There was no comment from the general
public. Receiving no further response, the Planning Board closed the public hearing.
The Planning Board agreed that the conditions outlined in the staff report were necessary
with the modification of condition #18 to allow concurrent construction, and the addition of
conditions #26, #27, and #28 to expand the open space in the middle, restrict yard walls to 4 feet, and
allow amendment of the covenants only by mutual consent. The Planning Board then voted on a
motion regarding the subdivision. The motion, to recommend approval of the subdivision with
conditions as recommended by Staff, the modification to condition #18, the addition of conditions
#26, #27, and #28, passed on a unanimous vote of 7 in favor and 0 in opposition.
IV.
On January 22, 2003, the applicant submitted a revision to the project to include only 36
townhouse lots to expand the open space in the middle. The application was considered by the
Bozeman City Commission at its regular meeting on March 3, 2003, at which time the
recommendation of the Planning Board and information compiled by City staff was reviewed,
including a Staffmemo with recommended changes to conditions #7, #12, and #18, and deletion of
#26.
V.
The application was considered by the Bozeman City Commission and weighed against the
review criteria established by Statute, and found as follows:
A) PRIMARY REVIEW CRITERIA
1. Effects on Agriculture.
The subdivision of this property shall not have any adverse impact on agriculture due to its
current use as a vacant parcel of land.
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2. Effects on Agricultural Water User Facilities.
There are no agricultural water uses on the proposed subdivision. There is a stream/ditch
located along the western portion of the subject property. The applicant is requesting a
waiver to relax the watercourse setback to 35-foot to mirror the development to the north in
Ferguson Meadows subdivision. There is one detention area proposed with the major
subdivision located in the northwest comer of the subject property. Design and
specifications of this area will be reviewed with final plat submittal.
3. Effects on Local Services.
Water/Sewer: Water/Sewer services can be provided by connection to existing main lines
located in Broadwater Street and West Babcock Street. General capacity limitations for
water and sewer facilities are not anticipated by the Engineering Department staff as a result
of this major subdivision.
Police/Fire: The Director of Public Safety was pleased to see that the major subdivision
proposal proposed utilizing pedestrian-scale street lighting. The Fire Department will require
a temporary cul-de-sac or hammerhead for emergency vehicle turn-around between phases of
development (condition #11).
Streets: Street improvements, including city standard sidewalks are addressed in the
Engineering conditions as attached.
4. Effects on the Natural Environment.
Stormwater and drainage will be addressed through final review of the plans and
specifications. The original subdivider of the Ferguson Meadows subdivision has entered
into an agreement for a Noxious Weed Management Plan with the Gallatin County Weed
Board.
5. Effects on Wildlife and Wildlife Habitat.
Due to its historically agricultural use and the development of surrounding lands, no
significant adverse effects on wildlife or their habitat have been identified on the property.
6. Effects on Public Health and Safety.
Because development in the subdivision will be serviced by municipal sewer, the threat of
groundwater degradation from onsite sewage disposal will be eliminated.
B) COMPLIANCE WITH 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.
C) COMPLIANCE WITH THE BOZEMAN SUBDIVISION REGULATIONS.
The Final Plat will comply with the regulations.
D) COMPLIANCE WITH THE REQUIRED SUBDIVISION REVIEW PROCESS.
The meeting before the Planning Board and hearing before the City Commission have been
properly noticed, as required in the Subdivision Regulations. The notice was mailed to all
adjoining property owners by certified mail on September 6, 2002. The proposed project was
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noticed in the Bozeman Daily Chronicle on September 8, 2002, and a revised notice was in
the Bozeman Daily Chronicle on September 15, 2002.
E) PROVISION OF EASEMENTS FOR THE LOCATION AND INST ALLA TION OF ANY
PLANNED UTILITIES. All utilities and necessary utility easements will be provided.
F) PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEL.
Legal and physical access to each parcel is provided from existing streets through the
subdivision.
ORDER
After considering all matters of record presented at the public hearing, the City Commission
found that the proposed subdivision would comply with the Bozeman 2020 Community Plan and the
requirements of the Bozeman Area Subdivision Regulations, the Montana Subdivision and Platting
Act, and the Bozeman Zoning Ordinance, if certain conditions were imposed. The evidence, as
stated or referenced in the Findings of Fact, justifies the imposition ofthe 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 the
Broadwater Court Planned Unit Development Major Subdivision for John Dunlap, Quest West,
L.L.C. be approved, subject to the following conditions:
Planning Subdivision Specific Conditions:
1. Within the north area for emergency vehicle turn-around, the applicant shall install signs noting
"Fire Lane, No Parking" and the curb shall be painted red.
2. Applicant shall provide a soils report, along with the 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.
3. Applicant shall install at least one east/west sidewalk connection from the subject property to the
sidewalks along Sanders A venue. In addition, applicant shall install a sidewalk from Broadwater
Street near the radius of the turn to the subject property.
4. Proposed patios or decks shall not encroach more than five feet into the 20' setback.
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5. All boulevard areas, including trees, shall be irrigated. The applicant shall provide irrigation
system as-builts for all irrigation installed in public rights-of-way, once the irrigation system has
been installed. The irrigation system shall include the exact locations and types of lines,
including accurate depth, water source, heads, electric valves, quick couplers, drains, and control
boxes.
6. Boulevard trees shall be planted 2.5' to 3' from the proposed sidewalk along West Babcock
Street.
7. Language within the Covenants shall describe any fencing (backyard walls, privacy fences, etc.)
allowed in the subdivision, including type, height, color, extent, and maintenance.
8. Applicant shall provide details of all proposed benches, picnic tables, etc. with the final plat.
9. Color and material palette, including brick type, cultured stone, DryVit or synthetic stucco,
roofing material, etc., shall be submitted to the Planning Department for review and approval
prior to any approval of Final Plat or issuance of building permits. Applicant is strongly
encouraged to utilize bold or strong color patterns and avoid the monochromatic color scheme.
Applicant is encouraged to work with a variety of color schemes/patterns for each duplex,
triplex, or four-plex and vary them from the adjacent building.
10. City Water/Sewer Plans indicate that there are two 1" water services off West Babcock Street.
Applicant is required to disconnect these services at the main and the curb boxes pulled out at the
owner's expense.
11. Since the project is proposed to be developed in 2 phases, the applicant shall provide adequate
emergency vehicle turnaround (i.e. hammerhead, temporary cul-de-sac, etc.) adjacent to the first
phase.
12. Street lighting shall be incorporated into the subdivision by one of the following: a) applicant
shall install adequate street lighting throughout the subdivision. Lighting shall be maintained by
means of the Homeowners Association through Protective Covenants; or b) applicant shall
participate in a Street Lighting District. Street lighting will provide the necessary lighting in
accordance with applicable national safety standards consistent with the preservation of dark
skies. All subdivision lighting provided shall conform to Section 18.50.035 of the Bozeman
Zoning Ordinance. Details and specifications (cut sheets), including bulb type and size, and
locations shall be provided with the Final Plat and subject to review and approval by the
Planning and Engineering Departments.
In addition to current city standards, all outdoor lighting, residential, commercial or otherwise,
shall be free of glare, and shall be fully shielded or shall be indirect lighting. No direct lighting
shall be emitted beyond a property's lot line. No ranch lights or unshielded lights shall be
permitted. No mercury vapor lights shall be permitted. Alley lights shall be fully shielded lights.
Covenants of the development shall reflect these restrictions. For purposes of this paragraph, the
following definitions shall apply:
a) Fully shielded lights: Outdoor light fixtures shielded or constructed so that no light rays
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Broadwater Court PUD Ma'or Subdivision Findin s of Fact and Order #P-02036
are emitted by the installed fixture at angles above the horizontal plane as certified by a
photometric test expert;
b) Indirect light: Direct light that has been reflected or has scattered off of other surfaces;
c) Glare: Light emitting from a luminaire with an intensity great enough to reduce a viewer's
ability to see, and in extreme cases, causing momentary blindness; and
d) Outdoor lighting: The nighttime illumination of an outside area or object by any man-
made device located outdoors that produces light by any means.
Planning Code Provisions:
13. The Final Plat shall conform to all requirements ofthe Bozeman Area Subdivision Regulations
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 two (2) signed clothback (or equivalent) copies; two (2)
signed reproducible copies on a 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.
14. Conditional approval of the Preliminary Plat shall be in force for not more than three calendar
years, as provided by State statute. 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.
15. Ifit is the developer's intent to file the plat prior to the completion of all required improvements,
an Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the
completion of all improvements in accordance with the Preliminary Plat submittal information
and conditions of approval. Ifthe 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.
16. A declaration of covenants for the Homeowners Association must be included and recorded with
the Final Plat which specifically includes the provisions from Section 16.34.030, as well as
provisions for owners association maintenance of all applicable homeowners' association open
space, relevant parks areas, park area landscaping, park area pedestrian facilities, perimeter
fencing, and storm water facilities.
Engineering Conditions:
17. 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
storm water detention/retention basin and discharge structure details, basin sizing calculations and
a stormwater maintenance plan.
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Any storm water ponds located within a park or open space shall be designed and constructed to
be conducive to the normal use and maintenance ofthe 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. Final facility sizing may be reviewed and reduced during design
review of the FSP for each lot.
18. 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 building permits shall be issued prior to substantial completion and City acceptance of
the required infrastructure improvements unless approved for concurrent construction.
19. All infrastructure improvements including 1) water and sewer main extensions, and 2) storm
drainage infrastructure improvements shall be financially guaranteed or constructed prior to Final
Plat approval.
20. The location of existing water and sewer mains shall be properly depicted. Proposed main
extensions shall be noted as proposed.
21. The drive approach shall be constructed in accordance with the City's standard approach (i.e.,
concrete apron, sidewalk section and drop-curb). A City Curb Cut and Sidewalk Permit shall be
obtained prior to beginning construction.
22. 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.
23. Easements for the water and sewer main extensions shall be a minimum of 30 feet in width, with
the utility located in the center of the easement. In no case shall the utility be less than 10 feet
from the edge of easement.
24. Project phasing shall be clearly defined including installation of infrastructure.
25. 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.
26. Deleted.
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27. Language within the Covenants shall state that back yard walls (privacy fences) shall be no more
than 4 feet in height.
28. Language within the Covenants shall note that the covenants can only be amended with the
mutual consent of the City and the homeowners association.
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 ofthese 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 Subdivision Regulations.
DATED this 23rd day of June ,2003.
BOZEMAN CITY COMMISSION
ATTEST:
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Robin L. Sullivan
Clerk of the Commission
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