HomeMy WebLinkAbout04- Flanders Creek Subdivision
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I Flanders Creek MajorSubdivision Findings ofFodohd Order #P-04037
BEFORE THE BOZEMAN CITY COMMISSION
GALLATIN COUNTY, MONT ANA
IN THE MATTER OF THE APPLICATION OF FINDINGS
BALIAN PROPERTIES REPRESENTED BY THE OF FACT
APPLICANT C&H ENGINEERING AND SURVEYING, AND ORDER
FOR PRELIMINARY APPROVAL OF FLANDERS
CREEK SUBDIVISION.
This matter came before the Bozeman Gty Commission on October 18,2004 for review and
November 1, 2004 decision, pursuant to the Montana Subdivision and Platting Act, Section 76-3-101
through 76-3-625, Montana Codes Annotated, Gtyof Bozeman Growth Policy, and Gtyof Bozeman
Unified Development Ordinance. The applicant presented to the Commission a proposed Preliminary
Subdivision Plat for a Major Subdivision of 39.92 acres into 34 single-household lots, 72 townhouse lots
and 8 residential-office lots as submitted in its original form on August 3, 2004, # P-04037. 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 reconunendation 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 conunent 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 3, 2004, Balian Properties represented by the applicant C&H Engineering and
Smveying, submitted an application for approval to create a Major Subdivision of 39.92 acres into 34
single-household lots, 72 townhouse lots and 8 residential-office lots. The property is legally described
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I Flanders Creek Major Subdivision Findings of Fact and Order #P.04037 I
Tract A, CO.s. 2389, Elh, SPA, Section 4, T2S, R5E, aty of Bozeman, Gallatin County, Montana.
The subject property is zoned "R- 3" Residential Medium Density District and "R-O" Residential Office
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 aty 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 24, 2004. Said notice also served to inform interested persons that materials were available
for review at the Bozeman Planning & Community Development Department.
The aty of Bozeman Planning Board opened the public meeting on October 5,2004. The
Planning Board found that the application was properly submitted and reviewed under the procedures
of the aty 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 aty of Bozeman Planning Board then moved to recommend approval of the subdivision
with conditions as recommended by Staff and passed on a vote of 8 in favor and 0 in opposition.
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I Flanders Creek Major Subdivision FindinS}s9fFOct and Order #P-04037 I
IV.
The application was considered by the Bozeman Gty Commission at its regular meeting on
October 18, 2004, at which time the recommendation of the Planning Board and information compiled
by Gty staff was reviewed. The Gty Commission voted to defer their decision to November 1, 2004.
V.
PRIMARY REVIE W CRITERIA
A Effects on agriculture, agricultural water user facilities, local setvices, the natural
envirorunent, wildlife and the wildlife habitat, and public health and safety.
The property is currently a productive agricultural field. However, the property has been master
planned for Residential development. The urban density development will replace the existing
agricultural uses. The subdivider must provide assurance that no agricultural water user facilities
will be impacted by the abandonment of the ditch.
Municipal water, sewer, roads and emergency services will be provided to the property. The
subdivision must be designed to ensure adequate water, sewer and street capacity exist to
support the proposed subdivision. The applicant is working with the Engineering Department
to expand the lift station in Laurel Glen to provide adequate sewer capacity for this property.
Additionally, the Engineering Department recommended a condition of approval for additional
traffic analysis of the Durston Road and North 19th Avenue intersection as well as the capacity
of Durston Road east of Ferguson Avenue.
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. 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
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I Flanders Creek Major Subdivision Findings of Fact and Order #P-04037
Code or state law. The following requirements are standards of the Unified Development
Ordinance and shall be addressed on the final plat:
(a) 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 Gty Engineer.
The master plan must depict the maximum sized retention! detention basin location,
and locate and provide easements for adequate drainage ways Vlithin the subdivision
to transport runoff to the stormwater receiving channel. The plan shall include
sufficient site grading and elevation infonnation (particularly for the basin sites,
drainage ways, and lot finished grades), t)Tical stormwater retention! detention basin
and discharge structure details, basin sizing calculations, and a stormwater
maintenance plan.
Any stormwater ponds located Vlithin park or open space shall be designed and
constructed so as to be conducive to the nonnal use and maintenance of the park or
open space. Storm water ponds shall not be located on private lots.
Detailed review of the final grading and drainage plan and approval by the Gty
Engineer will be required as part of the infrastructure plan and specification review
process.
(b) Stormwater generated by the proposed subdivision which discharges to any privately
owned ditch must have the written pennission of the ditch owner.
(c) 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.
(d) Anyeasements needed for the water and sewer main extensions shall be a minimum
of 30 feet in Vlidth. While the final location of the water and sewer mains will be
determined once the final street Vlidths 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
andlor sewer mains are not located under or accessed from improved streets, a 12
foot Vlide all weather access drive shall be constructed above the utilities to provide
necessary access.
(e) Plans and Specifications for water and sewer main extensions, prepared and signed
bya 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
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I Flanders Creek Major Subdivision Findings of Fact and Order #P-04037
provide Professional Engineering selVices 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 pennits shall be issued prior to aty acceptance of
the required infrastructure improvements.
(f) Anypublic street rights of way which are within the boundaries of this subdivision
and for which easements were provided with the Metcalf Annexation Agreement
shall be dedicated to the Gty on the Final Plat for this subdivision.
(g) Street names must be approved by the Gty Engineer and county road office prior to
final plat approva1.
(h) Gty standard curb, gutter and sidewalk shall be provided along all streets in the
subdivision. Per d1apter 18.44.080 of the Unified Development Ordinance,
sidewalks 'Will be installed prior to occupancy of any individual lots.
(i) All typical street sections, including sidewalk location within the right-of-way and
provisions for bicydists shall be in confonnance with the street standards
recommended in the Gratter Bazemm A 1lli Transportation Plan, 2001 Update, unless
otherwise approved by the aty Commission, or by the Gty Engineer through the
plan and specification review and approval process.
G) Cottonwood Road, along the property boundary, shall be improved, as part of this
development, to one half of a principal arterial standard as shown in the Greater
Bozeman Area Transportation Plan 2001 Update and shall match the section built
by Valley West. W. Oak Street, along the property boundary, shall be improved, as
part of this development, to one half of a principal arterial standard and shall match
the section built by HalVest G-eek. Durston Road, along the property boundary,
shall be improved, as part of this development, to one half of a minor arterial
standard and shall match the section built by Laurel Glen. Gty standard sidewalk,
curb and gutter '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.
(k) 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 aty Engineer. The applicant shall also provide
Professional Engineering selVices 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
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I Flanders Creek Major Subdivision Findings ofFact and Order #P-04037
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.
0) Project phasing shall be clearly defined on the infrastructure plans and specifications
including installation of infrastructure.
(m) The location of mailboxes shall be coordinated with the Gty Engineering
Department prior to their installation.
(n) The Montana Department of 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 plan and specification approvaL
(0) 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 Pennit is necessary. If a pennit is
required by the State, the Developer shall demonstrate to the Gty full pennit
compliance.
(P) Section 18.16.020 requires offices in the R-O district to be in conjunction with
residential uses with residential being the primary use in the district. Based on the
"Residential" adopted Growth Policy designation only49% of the R-O lots maybe
developed with offices or any other pennitted non-residential use.
(g) Section 18.16.040 requires townhouse lots to provide an average lot area of 3,000
square feet. Lots 8A-D, Block 6 and Lots 9A-9D, Block 6 do not currently meet the
minimum standards.
(r) Section 18.42.060.B requires all utility easements to be noted on the Final Plat.
(s) 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 conunencement of development or site preparation. The plan shall include a
schedule for planting and landscaping as outlined for Zone 1 and Zone 2 outlined in
Section 18.42.100.
(t) Section 18.42.1S0.C.S requires the street lights on Oak Street, Durston Road and
Cottonwood Road to be 38 feet tall.
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I Flanders Creek Major Subdivision Findings of Fadand Order #P-04037 I
(u) Section 18.42.150.C6 requires bollard style lights to be installed at all pathway
intersections with streets. A cut sheet for the light shall be submitted to the
Planning Office for approval prior to installation.
(v) Section 18.42.180.C requires 10% of the net buildable acreage to be dedicated to
Restricted Size Lots. The plat indicates 71,994.6 feet devoted as RSL but a total of
94,235.7 square feet is required. The Final Plat shall indicate how the RSL
requirement has been addressed.
(w) Section 18.44.090.0 requires a minimum 315 foot access separation on Durston
Road, Cottonwood Road and Oak Street. A one foot" no access" easement shall be
provided along Durston Road, Cottonwood Road and Oak Street and the existing
drivewayforthe residence on Lot 1, Block 1 shall be moved to Glenwood Drive.
The access on Durston Road shall be removed prior to Final Plat approval.
(x) Section 18.44.110.E requires construction of boulevard trails or bike lanes based on
the Greater Bozeman Area Transportation Plan Year 2001 or based on particular
characteristics of a transportation corridor. The Plan currently calls for a bike path
on Cottonwood Road and Oak Street with a bike lane on Durston Road. Staff
recommends a bike lane on Durston Road and Oak Street and a 10 foot wide bike
path on. Cottonwood Road in order to match the previous approvals for adjacent
propertles.
(y) Per Section 18.50.080 the subdivider must decide on the improvements to be
completed by the subdivider within the Final Park Plan to be submitted prior to
Final Plat approval.
(z) Section 18.50.080.0 states that storm water retention or detention facilities may be
located within a park but cannot count towards the final parkland dedication.
(aa) Section 18.50.110 requires pathways to be maintained by the developer in
confonnance 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.
(bb) Section 18.50.110.E states that a property owners association can establish an
improvement district to collect assessments to pay for park maintenance. Since the
park is part of a coordinated effort the subdivider shall either petition for an SID
between Rosa and Flanders Oeek Subdivisions or otherwise create a joint
maintenance plan by Final Plat.
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I Flanders Creek MajorSubdivision Findings of Foct and Order #P-04037 I
(cc) Section 18.78.070.0 requires a Final Park Plan to be submitted prior to Final Plat
approval. Two bound copies of the plan shall be submitted to the Planning Office
for review prior to installation of any improvements or upon Final Plat approval,
whichever comes first. The document shall be The Park Plan shall address all of the
criteria outlined in Section 18.78.060.P.
(dd) Section 18.78.060.E requires measures to preserve trees and critical plant
communities. No existing mature vegetation shall be removed from the site unless
approved by the Gty of Bozeman Planning Office.
(ee) Section 18.78.060.G requires a professional cultural resource inventory of the site to
be conducted by a qualified archeologist. The results of said survey must be
provided to the Planning Department and the State Historic Preservation Office.
(H) Section 18.78.070.C states that a Memorandum 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 Department prior to
Final Plat approval.
3. The local subdivision review procedure provided for in Part 6 of the Montana
Subdivision and Platting Act.
The Planning Board meeting and the Gty Commission hearing has 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 instrument of transfer
concerning the parcel
All lots within the subdivision will have direct access to the dedicated public and private streets.
ORDER
After considering all matters of record presented at the public hearing, the Bozeman Gty
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
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I Flanders Creek Major Subdivision Findings of Fact and Order #P-04037
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 Flanders
Creek Subdivision for the property owner, Balian Properties, be approved, subject to the following
conditions:
1. The Developer's engineer will be required to prepare a comprehensive design report evaluating
existing capacity of water and sewer utilities which must be provided to and approved by the
Gty Engineer. The report must include hydraulic evaluations of each utility for both existing
and post-development demands. The report findings must demonstrate adequate capacity to
serve the full development. The report must also identify the proposed phasing of water and
sewer constructIon.
If adequate water and/ or sewer capacity is not available for full development, the report must
identify necessary water system and sewer system improvements required for full development.
The Developer will be responsible to complete the necessary system improvements to serve the
full development.
The sewer mains for this development shall be connected to the lift station at Laurel Glen,
which shall be modified to accommodate the sewer capacity of the full development. The lift
station will be owned and operated by the Gty. Maintenance costs will be paid for by the
homeowners by way of a surcharge on their sewer bill.
2. A detailed Traffic Study Report for the Flanders Creek Subdivision has been provided to and
reviewed by the Gty Engineer's office. Additional information is needed prior to approval of
the improvements. The Traffic Study Report shall also address existing and projected traffic
volumes on Durston Road east of Ferguson Road and level of service evaluations at the North
19th Avenue and Durston Road intersection.
3. The east-west streets through Laurel Glen shall be continued through the proposed
development.
4. Building Permits may be issued for no more than 50% of the subdivision, not to exceed 15.8 net
acres, as soon as September 15, 2005 provided Babcock Street or Durston Road improvements
are substantially completed ("the road is being used") and_all other requirements for the issuance
of a building permit have been met (i.e., completion and acceptance of necessary infrastructure
improvements and the final plat).
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I Flanders Creek Major Subdivision Findings ofFqctpncfOrder #P-04037 I
No building permits will be issued for the remaining 50% of the subdivision until the
construction contract for improvements to Durston Road from N. 19th Avenue to
approximately Fowler Avenue has been awarded.
5. Engineering staff does not support the requested deviation to allow Lot 1, Block 5 access as
proposed. Instead a joint access shall be provided at Lots 1 and 2, Block 5 that lines up with the
alley and at Lots 7 and 8, Block 5 that lines up with the alley.
6. The 5.23 acres of parkland proposed by the property owner is sufficient and no additional
parkland will be required.
7. Additional street connectivity shall be provided in the northern portion of the subdivision by
extending Parkview Avenue north from Sherwood Way to Oak Street and providing an east to
west connection from the cul-de-sac at the end of Twin Lakes Avenue to the west property line.
8. Buildings proposed for construction with crawl spaces or basements shall include Engineer
Certification regarding depth of ground water and soil conditions and proposed mitigation
methods to be submitted with each Building Permit. The final plat shall include a notation that
due to high ground water conditions full or partial basements are not recommended.
10. The property owner shall record with the CountyOerk and Recorder's office executed Waivers
of Right to Protest Creation of SIDs to be filed with the Final Plat for a Gty-wide Parks
Maintenance District
11. The declaration of covenants for the subdivision shall be included in the Final Plat submittal to
be recorded with the Final Plat. The draft Covenants shall be modified to reflect the following:
(a) Sidewalks are required within 3 years of the date of Final Plat approval (page 9).
(b) The average setback from the alley may be as much as 26 feet to account for backing
distance and parking stalls behind the garage (page 9).
(c) The 1,200 square foot minimum house size is not compatible with the floorto area ratio for
a single household residence on a townhouse lot (page 13).
(d) The covenants shall outline the responsibilities of the Home Owners Association for
maintenance of the parkland until such time that a Park Maintenance District, or similar
form of funding, is established and that maintenance of the ponds, watercourse setback and
trails will be the continued responsibility of the HOA (pages 33-34).
12. The covenants shall reflect that the Architectural Committee shall sign and stamp all proposed
plans prior to submitting for a building permit
13. The Army Corps of Engineers approved Wetland Mitigation Plan for Flanders Creek
Subdivision shall be submitted with the Final Plat application.
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I Flanders Creek Major Subdivision Findings of Fact and Order #P-04037 I
14. The subdivider shall naturalize the Baxter Ditch (stream! ditch) by reshaping the steep ditch
sides to accommodate a saturation zone of 5 feet average on either side.
15. The wetland sod, from the three isolated (nonjurisdictional) wetlands to be filled, shall be
harvested from appropriate locations and utilized to revegetate the enhanced saturation zone
and the mitigated and enhanced areas around the ponds. Only native species, free of weeds and
non-native species, shall be harvested as directed under the supervision of the subdivider's
wetland consultant. If there is insufficient sod to revegetate the enhanced saturation zone and
the ponds then a native seed mix shall be used.
16. Lots 4 and 5, Block 7 shall be removed and the area added as parkland.
This Gty 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 Gty 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 Gty Commission.
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.
DATED this 20th dayof December ,2004.
B~SSION
By:
Andre . cetraro, Mayor
~ST: APPROVED AS TO FORM
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Ro in L. Sullivan Tim Cooper ~
Oerk of the Commission ..Dsp\Uy City Attorney
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