HomeMy WebLinkAbout04- Rosa Subdivision
, . .
I Rosa Major Subdivision Findings of Fact and Order #P-04041 I
BEFORE THE BOZEMAN CITY COMMISSION
GALLATIN COUNTY, MONT ANA
IN THE MATTER OF THE APPLICATION OF FINDINGS
JOHN & BE THANY ROSA REPRE SE NTED BY THE OF FACf
APPLICANT C&H ENGINEERING AND SURVEYING, AND ORDER
FOR PRELIMINARY APPROVAL OF ROSA
SUBDIVISION.
This matter came before the Bozeman Gty Commission on November 1, 2004 for review and
decision, pursuant to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-625,
Montana Codes Annotated, Gty of Bozeman Growth Policy, and City of Bozeman Unified
Development Ordinance. The applicant presented to the Commission a proposed Preliminary
Subdivision Plat for a Major Subdivision of 39.84 acres into 33 multi~ household lots and 99 townhouse
lots as submitted in its original form on August 10,2004, # P-04041. 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 August 10, 2004,]ohn & Bethany Rosa represented by the applicant C&HEngineering and
Surveying, submitted an application for approval to create a Major Subdivision of 39.84 acres into 33
multi-household lots and 99 townhouse lots. The propertyis legally described Tract B, CO.S. 2389, E%,
. .
I Rosa Major Subdivision Findings of Fact and Order #P-04041 I
SE 1/4, Section 4, T2S, RSE, Gty of Bozeman, Gallatin County, Montana. The subject property is zoned
"R-3" Residential Medium Density District and "R-4" Residential High 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.
III.
Notice of the time and date of the public meeting and public hearing was posted at the site on
October 8,2004. Said notice 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 opened the public meeting on October 19, 2004. 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 needing five affirmative votes for action by a
quorum, on a vote of 4 in favor, 1 opposed, did not recommend to the Bozeman GtyCommission that
the application be approved. The conditions, noted in the Planning Board staff report, were
recommended by the Development Review Committee for inclusion with any recommendation of
approval.
-2-
.
I Rosa Major Subdivision Findings of Fact and Order #P-04041 I
IV.
The application was considered by the Bozeman Gty Commission at its regular meeting on
November 1, 2004, at which time the recommendation of the Planning Board and information compiled
by Gty staff was reviewed.
V.
PRIMARY REVIEW CRITERIA
A A Effects on agriculture, agricultural wateruserfacilities, local services, the natural
environment, 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 sUlVey 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
-3-
.
I Rosa Major Subdivision Findings of Fact and Order #P-04041
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 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 sites,
drainage ways, and lot finished grades), typical stormwater retention! detention basin
and discharge structure details, basin sizing calculations, and a stormwater
maintenance plan.
Any stormwater ponds located within park or open space shall be designed and
constructed so as to be conducive to the normal 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 permission of the ditch owner.
(c) Upon availability of service, any existing residence/business on the property must
be connected to Gty water and sewer utilities. The existing on-site treatment
systems must be properly abandoned and certification provided the abandonment
occurred. Any wells presently used for domestic purpose can be retained for
irrigation only with no physical connection to domestic water piping.
(d) 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.
(e) 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
-4-
. .
I Rosa Major Subdivision Findings of Fact and Order #P-04041 I
foot "Wide all weather access drive shall be constructed above the utilities to provide
necessary access.
(f) 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
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 Gty acceptance of the required
infrastructure improvements.
(g) Anypublic street rights of way which are within the boundaries of this subdivision
and for which easements were provided with the Rosa Annexation Agreement shall
be dedicated to the Gty on the Final Plat for this subdivision.
(h) Street names must be approved by the Gty Engineer and county road office priorto
final plat approval.
(i) City 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.
G) 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 Grmter BazemmA n'a TransportationPIan, 2001 Update, unless
otherwise approved by the Gty Commission, or by the Gty Engineer through the
plan and specification review and approval process.
(k) West 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 Harvest Creek 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. Gtystandard 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.
-5-
, .
I Rosa Major Subdivisian Findings of Fact and Order #P.Q4Q41 I
(1) 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, 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 Gty acceptance of the required
infrastructure improvements.
(m) Project phasing shall be clearly defined on the infrastructure plans and specifications
including installation of infrastructure.
(n) The location of mailboxes shall be coordinated with the Gty Engineering
Department prior to their installation.
(0) 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.
(P) 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.
(q) Section 18.42.060.B requires all utility easements to be noted on the Pinal Plat.
(r) 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 1 and Zone 2 outlined in
Section 18.42.100.
(s) Section 18.42.150.C.5 requires the street lights on Oak Street and Durston Road to
be 38 feet tall.
(t) Section 18.42.150.C.6 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.
-6-
.
,
I Rosa Major Subdivision Findings of Fact and Order #P-04041 I
(u) Section 18.42.180.c requires 10% of the net buildable acreage to be dedicated to
Restricted Size Lots. The Final Plat shall indicate which lots are reserved to meet
the RSL requirement.
(v) 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
driveway for the 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.
(w) 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 in order to match the
previous approvals for adjacent properties.
(x) Based on Section 18.50.080 the subdivider must decide on the improvements to be
completed by the subdivider prior Pinal Park Plan approval.
(y) 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.
(z) 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.
(aa) Section 18.50.1lO.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 Creek Subdivisions or otherwise create a joint
maintenance plan by Final Plat.
(bb) 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.
-7-
, .
I Rosa Major Subdivision Findings of Fact and Order #P.04Q41 I
(cc) 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.
(dd) 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.
(ee) 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.
(f~ Cash in lieu of water rights, as calculated by the Director of Public Service, is due
with the final plat.
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 streets.
-8-
.
I Rosa Major Subdivision Findings of Fact and Order #P-04041
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
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 the Rosa
Subdivision for the property owner, John & Bethany Rosa, 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.
While the Developer's engineer has provided a comprehensive design report evaluating sewer
capacity which has been found acceptable byGty Engineering, the Developer's engineer shall
confirm the density the report was based upon has not been exceeded by the proposed
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.
-9-
. .
.
I Rosa Major Subdivision Findings of Fact and Order #P-04041
2. A detailed Traffic Study Report for the Rosa Subdivision has been provided to and reviewed by
the City 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. The need for any traffic impact analysis updates
will be identified at the time of pre-application plan submittal for each subsequent phase.
3. The east-west streets thru Laurel Glen shall be continued through the proposed development.
4. Building Permits may be issued for no more than SO% 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).
No building permits will be issued for the remaining SO% of the subdivision until the
construction contract for improvements to Durston Road from N. 19th Avenue to
approximately Fowler Avenue has been awarded.
S. Engineering staff does not support the requested deviation to allow Lot 5, Block 5 and Lot 5,
Block 6 access as proposed. Instead, Lot S and Lot 4 in Block 6, and Lot 5 and Lot 4 in Block
5, shall have a joint drive access that will be at the joint property lines. These two accesses shall
line up on Rosa Way.
6. A five foot wide pedestrian walk with a ten foot wide public access easement shall be aligned
with the park access along Rosa Way through Block 8 to the west property line within a 25 foot
wide corridor to match the proposed trail on the east side of Rosa Way to reduce block lengths
in excess of 400 feet long and to facilitate pedestrian movements.
7. 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.
8. The buildings on Durston Road and Oak Street shall be oriented so as to front on the arterial
streets.
9. A "no access easement" shall be noted along Oak Street and Durston Road.
10. 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.
-10.
. . . .
I Rosa Major Subdivision Findings of Fact and Order #P-04041 I
b. 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.
11. The covenants shall reflect that the Architectural Committee shall sign and stamp all proposed
plans prior to submitting for a building permit.
12. The ArmyCorps of Engineers approved Wetland Mitigation Plan for Rosa Subdivision shall be
submitted with the Final Plat application.
13. 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.
14. The wetland sod, from the wetlands to be filled in Block 5, 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.
15. An alley shall be constructed in Block 4 to match the pattern of development proposed in
Flanders Creek Subdivision.
16. The 5.66 acres of parkland proposed by the property owner is sufficient and no additional
parkland will be required.
17. Additional street connectivity shall be provided in the northern portion of the subdivision by:
extending Parkview Avenue north from Sherwood Way to Oak Street; providing an east to west
connection from the east property line (as an extension of the east to west road required in
Flanders Creek) to Rosa Way; and realigning Rosa Way as a parkway adjacent to the stream
corridor.
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 of these Findings by the Gty Commission.
-11-
. . . .
I Rosa Major Subdivision Findings of Fact and Order #P-04041 I
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 Oty of Bozeman Unified Development Ordinance.
DATED this 20th day of December ,2004.
OTY COMMISSION
~J~ APPROVED AS TO FORM:
r-;t~~~
Ro ill L. Sullivan Tim Cooper
Oerk of the Commission DeFll~T Oty Attorney
-12-