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HomeMy WebLinkAbout04- Valley West Major Subdivision i . " . IValley West, Phase II Major Subdivision PUD Findings of Fact and Order #P-03036I BEFORE THE BOZEMAN CITY COMMISSION GALLATIN COUNTY, MONT ANA IN THE MATTER OF THE APPLICATION OF FINDINGS BOZEMAN LAKES, LLC & ASPEN ENTERPRISES, OF F ACf LLC, REPRESENTED BY MORRISON - MAIERLE, AND ORDER INC., FOR PRELIMINARY APPROVAL OF VALLEY WEST MAJOR SUBDIVISION PUD. This matter came before the Bozeman Gty Commission on December 15, 2003, for review and decision pursuant to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-625, Montana Codes Annotated, the Bozeman Subdivision Regulations, the Bozeman 2020 Community Plan, and the Bozeman Zoning Ordinance. The applicant presented to the Commission a proposed Preliminary Subdivision Plat for 51 residential lots, four open space lots, one public park, and four remainder lots, as submitted in its original form on October 8,2003, # P-03036. The Commission held a public meeting on the preliminary plat and considered all relevant evidence relating to the public health, safety, and welfare, including the recommendation of the Plarming Board, to determine whether the plat should be approved, conditionally approved, or disapproved. It appeared to the Commission that all panies wishing to appear and comment were given the opponunity 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 October 8, 2003, Bozeman Lakes, LLC and Aspen Enterprises, LLC., represented by Morrison-Maierle, Inc., submitted an application for approval for Phase II of Valley West POO, a major subdivision dividing 28.63 acres into 51 residential lots; four open space lots; one public park; and four remainder lots. The propeny is legally described as ponions of Tract 1 and 2, Block 1, and ponions of Tracts 2, 3, and 4, Block 2, of the Valley West Subdivision in the nonhwest 1;4 of Section 10, 1'2S, RSE, PMM, Gty 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 Gty of Bozeman Planning Board. . IValley West, Phase II Major Subdivision PUD Findings of Fact and Order #P-03036I III. Notice of the time and date of the public meeting was posted at the site and sent to adjoining property owners on November 14, 2003. Said notices 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 considered the application at a regular meeting on December 2, 2003. The Planning Board found that the application was properly submitted and reviewed under the procedures of the City of Bozeman Subdivision Regulations and the City of Bozeman Zoning Ordinance. Staff reviewed the staff report and the evidence which justified the imposition of conditions. The Planning Board then opened the public meeting. There were no members from the general public that spoke regarding the proposed subdivision. Receiving no response, the 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 unanimous vote of 7 in favor and 0 in opposition. IV. The application was considered by the Bozeman City Commission at its regular meeting on December 15, 2003, at which time the recommendation of the Planning Board and inforrnation compiled by City staff was reviewed. 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 CRI1ERIA 1. Effects on AgJiadture The property has been master planned and zoned for Residential development. The proposed subdivision will affect 28.62 acres, which is not currently utilized for agricultural uses. 2. Effects onAgJiadtural Water User Facilities The Maynard-Border Stream/Ditch is a perennial waterway that serves downstream irrigation users. It flows south to north and is located within the open space in between ~ 2- . IValley West, Phase II Major Subdivision PUD Findings of Fact and Order #P-03036I Hanley Avenue and Clifton Drive. The lake along the Maynard- Border Stream/Ditch would be fed by both ground water and by water diverted from the stream/ ditch. According to the master plan, the existing water rights will be converted to non-consumptive use water rights for the diversion. Because of the flow through capability, the water will be returned to the channel at the north side of the lake without any reduction in capacity or quality for downstream users. Overall, the stream/ ditch has been and will continue to be enhanced as part of the wetlands mitigation plan for the development and no effects on agricultural water user facilities were identified. E./fects on L wI Senias Water/Sewer: The Design Reports for the water distribution system and the sanitary sewer system are included in Sections 26 and 27 of Volume III. General capacity limitations for water and sewer facilities are not anticipated by the Engineering Staff as a result of this major subdivision. Police/Fire: The property falls well within the Oty's emergency response boundary. Dwing DRC review the Fire Department expressed the common concern over the overall growth of the city to the west and the inevitable increase in response times from the existing fire stations. Streets: Access to the property will be provided primarily from West Babcock and Ferguson. Local streets and alleys that connect to the existing street network established with Phase I will provide access to individual lots. Utilities: The appropriate utility easements will be noted on the Final Plat. 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. 4. E./fects on the Natural E mironrrmt Surlace run off will be directed into storm water detention facilities that will be maintained by the property owner's association. The watercourse will be designated as common open space and a public trail corridor will be constructed adjacent to the Maynard-Border Ditch. - 3 - . . IValley West, Phase II Major Subdivision PUD Findings of Fact and Order #P-03036I The applicants have entered into an agreement for a Noxious Weed Management Plan with the Gallatin CDunty Weed Board. Groundwater quality will be protected by the use of municipal sewer services. The proposed Valley West Planned Unit Development involves the enhancement to the on-site wetland areas. These enhancements are being coordinated with the US Army CDIps of Engineers and Montana Fish, Wtldlife, and Parks. 5. E./Jeers on WUdlife and Wtldlife Habitat. Preservation of wetland areas and riparian corridors will be maintained and! or funher enhanced. The quality of the fisheries in the Maynard-Border Stream/Ditch and the establishment of a fishery within the proposed Meyers Lake are expected to improve with the wetlands restoration project. There will be several areas for public access to the open spaces and the park The applicant is aware of any and all pennitting required with Fish, Wildlife & Parks and will obtain all pennits necessary. 6. E./Jects on Public Health and Sa/ety. The threat of groundwater degradation from onsite sewage disposal will not be an issue since municipal sewer will service the development. In addition to city review of the Plans and Specifications, the subdivider will be required to obtain any permits required by the Montana Department of Environmental Quality, Fish, Wildlife & Parks, Department of Natural Resource CDnservation and the Montana Department of Transportation. B) COMPLIANCE WIlH SURVEY REQUIREMENTS PROVIDED FOR IN PART 4 OF TI-IE MONTANA SUBDIVISION AND PLATTING ACT. The subdivision currently complies and will remain in compliance with survey requirements of the Act. 0 COMPLIANCE WIlH TI-IE BOZEMAN SUBDIVISION REGULA nONS. The Final Plat will comply with the Subdivision Regulations with the recommended conditions of approval outlined in the beginning of the Staff Report. D) COMPLIANCE WIlHTI-IE REQUIRED SUBDIVISIONREVIEWPRcx:::ESS. The Planning Board and City CDmmission hearings have been properly noticed, as required in the Subdivision Regulations. - 4- - ------------- - _ _______________________u___ _______________ , . IValley West, Phase II Major Subdivision PUD Findings of Fact and Order #P-03036I E) PROVISION OF EASEMENTS FOR TI-IE LOCATION AND INSTALLATION OF ANY PLANNED UTILITIES. All utilities and necessary utility easements will be provided and depicted on the Final Plat. F) PROVISION OF LEGAL AND PHYSICAL ACCESS TO EArn Legal and physical access to the lots will be provided from the proposed extensions of the existing street and alley network within the subdivision. All lots within the subdivision will have direct access either to the dedicated public streets and private alleys maintained by the Homeowner's Association. The lots along Ferguson will front a 20 foot linear green corridor with vehicular access from the alley in a similar fashion the lots along West Babcock Street. ORDER After considering all matters of record presented at the public meeting, the Bozeman Oty Commission found that the proposed subdivision would comply with the Bozeman 2020 Community Plan and the requirements of the Bozeman Subdivision Regulations, the Montana Subdivision and Platting Act, and the Bozeman Zoning Ordinance, if cettain 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. TI-IEREFORE, IT IS HEREBY ORDERED that the Preliminary Subdivision Plat of Valley West PUD, Phase II, for Bozeman Lakes, LLC and Aspen Enterprises, LLC, be approved, subject to the following conditions: 1. Prior to Final Plat approval, the applicants shall provide additional information including a narrative and a graphic representation to demonstrate that stormwater runoff does not flow directly into the lake. 2. The Final Plat shall not include any references to setbacks. 3. Section 16.14.110.A "Oty of Bozeman Rights-of-Way," states that the subdivider shall be responsible for installing sod, boulevard trees, and an irrigation system in the public right-of- way boulevard strips along all external subdivision streets and directly adjacent to subdivision parks or other open space areas. Boulevard trees along privately owned lots may be installed with individual building permits. - 5 - . . !Valley West, Phase II Major Subdivision PUD Findings of Fact and Order #P-03036I 4. The subdivider shall provide irrigation system as-builts, for all irrigation installed in public rights-of-way and! or land used to meet parkland dedication requirements. The as- builts shall include the exact locations and l:}Pe of lines, including accurate depth, water source, heads, electric valves, quick couplers, drains and control box as outlined in Section 16.08.090 "Irrigation System As- Builts." 5. The dedicated parkland shall be identified as "Public Park" on the Final Plat and the common open space access strips and pocket parks shall be overlaid with a public access easement. Provisions within the covenants shall provide for the care and maintenance of these areas, which will ensure usability for the homeowners and general public. 6. The developer shall submit a formal development plan signed by a certified landscape architect for the design of all dedicated parklands within said subdivision for review and approval by the Superintendent of Facilities and Public Lands, and the City of Bozeman Recreation and Parks Advisory Board. Per Section 16.08.080 "Final Park Plan", a final park plan shall be submitted to the City of Bozeman for review and approval prior to the installation of any park improvements. The park plan shall address all of the items listed in Section 16.08.050.P for the dedicated parkland, open space areas and trail amenities. The implementation plan for the maintenance and upkeep of the park lands and trails shall be noted accordingly in the protective covenants and restrictions of the property owner's association documents, for review and approval prior to Final Plat approval. 7. Prior to filing the Final Plat, the applicant shall reconfirm or verify with the County GIS Department, County Road and Bridge Department, and City Engineer that all proposed names are acceptable in order to avoid duplication of names countywide, which may occur between preliminary approval of subdivision phase and filing of Final Plat. 8. A declaration of the most recent covenants, with the corrections outlined by Staff, for Valley West Planned Unit Development must be included and recorded with the Final Plat for Phase 2. The City of Bozeman shall be party to any changes or modifications made to the restrictive covenants and Architectural Guidelines as they relate to any zoning and! or planning bylaws. 9. Water rights, or cash-in-lieu thereof, shall be provided and paid for prior to Final Plat approval. If the Final Plat of the subdivision is filed in phases, water rights will only be required for each phase as the Final Plat for that phase is filed. The amount of water rights required will be determined by the Director of Public Service based on the proposed Final Plat(s). - 6- - IValley West, Phase II Major Subdivision PUD Findings of Fact and Order #P-03036I 10. Prior to Final Plat approval, a Memorandwn of Understanding shall be entered into by the Weed Control District and the subdivider for the control of county declared noxious weeds and a copy provided to the Planning Depanment. 11. The Final Plat shall conform to all requirements of the Bozeman Subdivision Regulations and the Uniform Standards for Final Subdivision Plats and shall be accompanied by all required documents, including cenification from the Gty Engineer that as-built drawings for public improvements were received, a platting cenificate, and all required and corrected cenificates. The Final Plat application shall include two (2) signed reproducible copies on a stable base polyester film (or equivalent); two (2) digital copies on a double~sided, high density 3~-inch floppy disk or compact disk; and five (5) paper prints. 12. 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. 13. If it is the subdivider's intent to file the plat prior to the completion of all required improvements, an Improvements Agreement shall be entered into with the Gty of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary 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 percent of the cost of the remaining 1Illprovements. 14. 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 pan of the infrastructure plan and specification review process. 15. Stormwater generated by the proposed subdivision which discharges to any privately owned ditch must have the written pennission of the ditch owner. 16. The final plat must account for the ditch and the utility/drainage ditch easement along Ferguson Avenue. - 7 - , . . Ivalley West, Phase II Major Subdivision PUD Findings of Fact and Order #P-03036I 17. The Developer's engineer has provided a comprehensive Design Report evaluating existing capacity of water and sewer utilities for the entire Valley West POO. Detailed review and approval of the Design Report will be required as part of the infrastructure plan and specification review and approval process. 18. The location of and distinction between existing and proposed sewer and water mains and all easements shall be clearly and accurately depicted on the plans and specs, as well as all nearby fire hydrants and proposed fire hydrants. 19. Any easements 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 necessary access. 20. Plans and Specifications for water and sewer main extensions, prepared and signed by a Professional Engineer (PE) 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-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 preconstruction conference has been conducted. 21. No building pennits shall be issued prior to Gty acceptance of the required infrastructure nnprovements. 22. Any street rights of way which are within the boundaries of this subdivision and for which easements were provided with the Valley West Annexation Agreement shall be dedicated to the Gty on the Final Plat for this subdivision. 23. A detailed Traffic Study Report for the entire Valley West Development has been provided to and reviewed by the Gty Engineer's office. While specific comments regarding the analysis have been provided by the Gty Engineer to the developer's engineer, Gty Engineering staff are comfortable that development of Phase 2 may take place without adversely affecting the local street network However, considering the degree of development currently occuning along both the Babcock Street and Durston Road corridors - 8 - - . IValley West, Phase II Major Subdivision PUD Findings of Fact and Order #P-03036I and given that the City is already actively pursuing improvements to both of those roadways, it may be necessary to update the traffic study as part of the preliminary plat submittal for each phase subsequent to Phase 2. The need for any traffic impact analysis updates will be identified at the time of pre-application plan submittal for each subsequent phase. 24. Street names must be approved by the City Engineer and county road office. 25. The final plat shall contain a note prohibiting direct access from single family or duplex lots to Ferguson Avenue. 26. City standard curb, gutter and sidewalk shall be provided along all streets in the subdivision. Per Chapter 16.14.050 of the subdivision regulations, sidewalks will be installed prior to occupancy of any individual lots. 27. The applicant is advised that the installation of any traffic cahning devices such as cUlb bulbs and traffic circles will be considered in detail and approved if appropriate during the infrastructure plan and specification review process._ 28. 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 Grauer Bazermn A rot Transportation Plan, 2001 Update, unless otherwise approved by the City Commission, or by the City Engineer through the plan and specification review and approval process. 29. 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 City Engineer. 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 preconstruction conference has been conducted. No building permits shall be issued prior to City acceptance of the required infrastructure improvements. 30. The location of mailboxes shall be coordinated with the City Engineering Department prior to their installation. 31. The Montana Department of Fish, Wlldlife and Parks, SQ;, 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. - 9 - -, . . L IValley West, Phase II Major Subdivision PUD Findings of Fact and Order #P-03036I 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 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 Bozeman Subdivision Regulations. DA1ED this 5th day of April, 2004. --- By: AneW . Cetraro Mayor, City of Bozeman A TIEST: ~cY~ Robin L. Sullivan Clerk of the Commission - 10-