HomeMy WebLinkAbout05- Van Bryan Studio Architects at Legends at Bridger Creek Subdivision
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I The l.egef1i~:~,i;;;~:ti?~ridger Creek Major Subdi\liii:~ion Findings of Fact and Order #P-04061 I
BEFORE THE BOZEMAN CITY COMMISSION
GALLATIN COUNTY, MONT ANA
IN THE MATTER OF THE APPLICATION OF FINDINGS
ASPEN PARTNERS I, LLc REPRESENTED BY THE OFFACf
APPLICANT VAN BRYAN STUDIO ARG-IITECfS, AND ORDER
FOR PRELIMINARY APPROVAL OF THE LEGENDS
AT BRIDGER CREEK SUBDIVISION.
This matter came before the Bozeman Gty Commission on February 22,2005 for review and
March 7, 2005 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 20.12 acres into 65 residential lots as submitted in its
revised form on March 2, 2005, # P~04061. 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
opponunityto 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 December 3,2004, Aspen Partners I, LLC, represented by Van Bryan Studio Architects,
submitted an application for approval to create a Major Subdivision of 20.12 acres into 65 residential
lots. The property is legally described Tract 7 A, CO.S. 2408, and is situated in the NWl,4, SWl,4, Sec.
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I The LegElhds at Bridger Creek MajorStlIBellliJ,'sion'm,iIT'clings of Fact and Order #P-04Cl61 I
32, TIS, R6E, City of Bozeman, Gallatin County, Montana. The subject property is zoned R- 3
Residential Medium Density District and R-1 Residential Single- Household, Low 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 City of Bozeman Planning Board.
III.
Notice of the time and date of the public meeting and public hearing was posted at the site on
January 28, 2005. Said notice also served to inform interested persons that materials were available for
review at the Bozeman Planning & Community Development Department.
The Gty of Bozeman Planning Board opened the public meeting on February 1,2005. The
Planning Board found that the application was properly submitted and reviewed under the procedures
of the Oty 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 public testimony regarding the
desire to keep as much mature vegetation as possible, to protect the vegetation along Story Mill Road, in
support of the double frontage lots backing onto Story Mill Road, a desire for fencing the south
property line and the need to keep adjacent water rights preserved. The Planning Board closed the
public meeting.
The Oty of Bozeman Planning Board then moved to recommend approval of the subdivision
with conditions as recommended by Staff and passed on a vote of 6 in favor and 0 in opposition.
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I The Le@i!il:~:~s dt Bridger Creek Mg,ji:>rS~'~~ivision Findings of Fact and Order #'P2C)i:1;Q61 I
IV.
The application was considered by the Bozeman Gty Commission at its regular meeting on
February 22,2005, at which time the recommendation of the Planning Board and information compiled
by City staff was reviewed. The City Commission voted to defer their decision to March 7, 2005.
V.
PRIMARY REVIE W CRITERIA
A Effects on agriculture, agricultural water user facilities, local setvices, the natural
enviromnent, 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
or neighboring agricultural uses will be impacted by this development.
There are agricultural uses on the neighboring properties to the south and east. The neighbor to
the south has asked that a fence be constructed along the shared property line to protect their
agricultural interests.
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 forin 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
Code or state law. The following requirements are standards of the Unified Development
Ordinance and shall be addressed on the final plat:
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I The Legends at Bridger Crij~'~MaJq~:$lJlJcJiyi~ion Findings of Fact and Order #P-04061 I
(a) Section 18.42.030 states that reverse frontage lots shall be avoided except where
essential to provide separation of residential development from arterial streets, to
provide access to development adjacent to limited access streets, to overcome
topography or other physical conditions or to overcome specific disadvantages of
existing design and orientation. In this instance other design alternatives dealing with
building orientation exist that would comply with this section.
(b) Section 18.42.040.c requires blocks to be no less than 200 feet wide and no more than
400 feet wide except where essential to provide separation of residential development
from traffic arterial or to overcome specific disadvantages of topography and
onentatIon. Block 2 does not meet any of the exceptions and does not have any
physical hardship that would prevent the block from being expanded. This section can
only be waived as a relaxation through review as a Planned Unit Development.
(c) Section 18.42.040.0 requires pedestrian walks, not less than 10 feet wide where block
lengths exceed 600 feet. Open Space 6 and 7 will need to have city standard sidewalks
constructed within the corridors currently depicted on the plans. Lots adjacent to
pedestrian walks will be treated as corner lots and will have a corner side yard setback
(d) The Lighting Plan shall reflectthe standards outlined in Section 18.42.150. Acorrected
plan shall be submitted for review and approval prior to the contracting, creation of an
SlID and installation of the lights. The plan shall include a pole light detail for Story
Mill with spacing based on high pedestrian conflict, a local street pole light at a rate of
one per local street intersection, and a bollard light detail for placement at
pathway/ street intersections. All of the lights including the bollard light shall conform
to Ory's requirements for cut-off shields.
(e) Section 18.42.060.B requires all utility easements to be noted on the Final Plat.
(t) Section 18.42.060.D.4 states that storm water from a development shall not be
discharged to an irrigation facility.
(g) Section 18.42.180.c requires 10% of the net buildable acreage to be dedicated to
Restricted Size Lots. Based on Staff's calculations [(gross - (dedicated right of way +
dedicated parkland)) x 10%] the total RSL requirement for this subdivision is 63,873
square feet. The Final Plat shall identify the RSL lots.
(h) Section 18.42.180.crequires single-household restricted size lots to be a minimum and a
maximum of 5,000 square feet. Lot 8 in Phase 1 is noted as 5,100 square feet.
(i) Section 18.44 .040.A.1 requires new streets aligned with existing streets to have the same
name as the existing street. Therefore, Legends Boulevard shall be named Boylan Road.
This can only be waived with a subdivision variance approved by the Gty Commission.
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I The Legends at Bridge~::~reE!~:::I~:Ic>r Subdivision Findings of Fact and Orcjer #P-04061 I
G) Section 18.44.060.B requires alleys to be paved to a 16 foot width within a 20 foot right
of way.
(k) Section 18.44.110.B.1.d states that transportation trail corridors can not be used to
satisfy parkland. The trail sections depicted along Story Mill and adjacent to Bridger
Creek do not count towards the parkland dedication.
0) Section 18.48.070 requires the subdivider to install irrigation, sod and street trees on all
external streets and adjacent to public parks or other open spaces. A landscape plan
shall be submitted, identifying the location and tree species to be installed by the
developer, prior to installation of the trees or by final plat, whichever comes first.
(m) 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.
(n) 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.
(0) Section 18.72 outlines the requirements for Covenants. In addition, please also keep in
the mind the following items when drafting your covenants for final plat: a. The 2,000
square foot minimum house size will not work for a majority of these lots (townhouse,
comer lots, RSL); b. Covenants must state how corner lots are oriented; c. Additional
setbacks are required adjacent to the pathway corridors; d. Describe how the
townhouse lots get access. If the townhouses are taking access from the alley then you
need to look closely at the setback requirements for garages and/or parking stalls. If
access is taken from the local street then you need to have consolidated accesses; e.
You need to address fences in regards to the street vision triangle for Blocks 1 and 2; f.
Buildings need to be oriented towards Story Mill. A redesign of the block layout seems
like the best solution.
(P) Section 18.78.070.D 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 address all of the criteria outlined in Section
18.78.060.P.
(q) 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.
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I The:~lll€l:ends qt Bridger CreEilR~I:I!tir&qbdivision Findings of FadandOrtler #P.04061 I
(r) 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.
(s) Stormwater 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 must be provided to and approved by the Gty 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 stormwater detention/retention basin and discharge
structure details, basin sizing calculations and a stormwater maintenance plan.
Any stormwater ponds located within a park or open space shall be designed and
constructed to be conducive to the normal use and maintenance of the 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. Pinal facility sizing may be reviewed
and reduced during design review of the FSP for each lot.
The preliminary stormwater plans call for three of the ponds to discharge to the existing
roadside ditch on Story Mill Road. The ditch will be removed with the street
improvements, so the point of discharge must be revised with final plans. Effects of
any discharge to the roadside ditch on the property to the north must be described and
accounted for in the final stormwater plan.
(t) 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 Gty 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
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I The LegendsClt\~~i'~:~:!9'rt:reek Major Subdivision Fjn9i(1g~of Focfpl1<2!:(2)rder #P.Cl;4iae>1 I
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.
(u) All infrastructure improvements including 1) water and sewer main extensions, and 2)
public streets, curb/ gutter, sidewalks fronting parks, open space, rear yard frontages or
other non-lot frontages, and related storm drainage infrastructure improvements shall be
financially guaranteed or constructed prior to Final Plat approval.
Gty standard residential sidewalks shall be constructed on all public street frontages of a
property prior to occupancy of any structure on the property. Upon the third
anniversary of the plat recordation of any phase of the subdivision, any lot owner who
has not constructed said sidewalk shall, without further notice, construct within 30 days
said sidewalk fortheir lot(s), regardless of whether other improvements have been made
upon the lot. This condition shall be included on the plat and in the covenants for the
subdivision.
(v) The location of existing water and sewer mains shall be properly depicted. Proposed
main extensions shall be noted as proposed.
(w) Flood plain:
1. A Flood Plain Development Permit must be obtained from the City Engineer prior
to any construction activity within the delineated 100 year floodplain.
.. The 100 year flood plain boundary and flood elevations must be depicted on the
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final plat.
(x) 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.
W 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.
(z) 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.
(aa) The design report for the Bridger Creek Trunk Sewer Main showed that a 10" sewer
main would be required to service this property and the property to the east. A 10"
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I TheL:egeriasafBridger Creek Mai9rSu~~tV'I$II~r;~Findings of Fact and Order #P-04061 I
sewer main shall be installed to the eastern boundary of this subdivision unless a
revised master sewer study is submitted and approved for the area.
(bb) The east half of Story Mill Road shall be improved to the 48'BC Be Collector standard
as shown in the Transportation Plan along the entire frontage of the subdivision
including tapers back to existing asphalt on the north and south end meeting
AASHTO standards. All of the improvements to Story Mill Road shall be complete
with Phase I of the subdivision.
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.
ORDER
After considering all matters of record presented at the public hearing, the Bozeman City
Commission found that the proposed subdivision would comply with the City of Bozeman Growth
Policy and the requirements of the Gty 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.
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r.~~eLegends at Bridger Cre$k~~!Ipr5ubdivision Findings of Fact and Order #P-04061 I
THEREFORE, IT IS HEREBY ORDERED that the Preliminary Subdivision Plat of The
Legends at Bridger Creek Subdivision for the property owner, Aspen Partners I, LLC, be approved,
subject to the following conditions:
1. In the event the City Commission grants a waiver to the block width requirement for buildings on
Lots 1- 8, Block 2 then the covenants shall reflect a require me ntfo r additional architectural elements
to be included on the facades facing Story Mill Road.
2. 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.
3. The natural fines trail depicted adjacent to Story Mill Road shall be replaced with a standard city
sidewalk and located within a 10 foot wide public access easement to east of the existing vegetation.
4. Cash in lieu of water rights, as calculated by the Director of Public Service, is due with the final plat
5. An all weather access road will be required for the sewer main extension from the existing manhole
to Phase I.
6. A 50 foot wide setback shall be provided between the isolated wetland on the east property line and
any paved surfaces or lot lines.
7. The shape of Lot 11, Block 1 shall be modified to place the mature Aspen grove outside of the lot
line.
8. The open space areas shall be aggregated and added to the main park! open space area unless
essential to meet the requirements of the UD.O. (i.e., storm water detention, maintenance of
mature vegetation, block length, or pedestrian walkways).
9. The area for the trail corridor between the vegetation along the north property line, the storm water
ponds and Lots 1~ 11, Block 1 shall be increased in order to provide ample space for a 6 foot wide
trail without disturbing the existing mature vegetation (GVLT recommends 25 feet wide).
10. A trail easement shall be provided between Lot 9, Block 5 and the east property line in order to
establish an additional north to south trail corridor from Bridger Drive to Bridger Creek.
11. A residentiaVagricultural style fence, for the purpose of protecting the adjacent agricultural uses to
the south, shall be constructed along the full length of the south property line prior to the issuance
of any building permits.
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I The Legends atBH('fger::Cr~~'~i'~()ior Subdivision Findings of Fact and Order # P:!04061 I
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12. The covenants shall reflect that the Home Owners Association shall be responsible for the
maintenance of the vegetation and any weeds within the right of way along Story Mill Road.
13. A five foot tall privacy hedge shall be installed along the northern lot lines of Lots 1-10, Block 1 in
order to establish the boundary between parkland/ open space and private lots.
14. The covenants shall reflect that only open style fences at a maximum height of 3 feet 6 inches tall
will be permitted on the rear property lines of Lots 1-8, Block 2 adjacent to Story Mill Road.
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 GtyCommission,
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 GtyCommission.
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 18th dayof April ,2005.
BOZ~ "',~~ fI OTY COMMlSSI N
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By:--~ l-- rt'.
Andre ~ L. t' tv ,'Mayor
ATTEST: APPROVED AS TO FORM:
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---;-:-- ~ JJ>,~~~-I?
o ill L. Sullivan Tirrt Cooper , "-
Oerk of the Commission Deputy Gty Attorney
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