HomeMy WebLinkAbout02- West Glen Subdivision
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IWest Glen Major SI.1l:)division Findings of Fact and Order #Pt02006 .....1
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BEFORE THE BOZEMAN CITY COMMISSION
GALLATIN COUNTY, MONTANA
IN THE MATTER OF THE APPLICATION OF DENNIS FINDINGS
BALIAN REPRESENTED BY C&H ENGINEERING AND OF }c'ACT
SURVEYING, INC. FOR PRELIMINARY AND ORDER
APPROVAL OF WEST GLEN SUBDIVISION
This matter came before the Bozeman City Commission on April 15,2002, for review and
decision pursuant to the Montana Subdi vision and Platting Act, Section 76- 3-101 through 76-3-625,
Montana Codes Annotated, and the Bozeman Area Subdivision Regulations, Bozeman 2020
Community Plan, and Bozeman Zoning Ordinance. The applicant presented to the Commission a
proposed Preliminary Subdivision Plat for a major subdivision consisting of72 lots as submitted in
its original form on January 29, 2002, P-02006. The Commission held a public hearing on the
preliminary plat and considered all relevant evidence relating to the public health, safety, and
welfare, including the recommendation of the planning board, to determine whether the plat should
be approved, conditionally approved, or disapproved.
It appeared to the Commission that all parties wishing to appear and comment were given
the opportunity to do so, and therefore, being fully advised of all matters having come before it
regarding this application, the Commission makes the following Findings of Fact, as required:
FINDINGS OF FACT
I.
On January 29,2002, Dennis Balian, represented by C&H Engineering and Surveying, Inc.,
submitted an application for approval to create the West Glen Subdivision, a major subdivision
dividing 18.71 acres into 72 lots zonedR-2 (Residential Single-Family, Medium Density) andR-3A
(Residential Two-Family, Medium Density District). The applicant requested one variance from the
Subdivision Regulations: to allow the sidewalks to be constructed prior to occupancy of any
structure on individual lots or upon the third anniversary of the plat recordation by the lot owner,
est Glen MaJor subdivision Findings of Fact and Order #P-02006
regardless of whether other improvements have been made upon the lot. The property is situated in
the S liz, NWIJ.! of Section 11, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana.
n.
The comments of the Development Review Committee, along with those of Planning &
Community Development Staff, were incorporated into a Staff Report with suggested conditions of
approval, which was provided to the Bozeman Planning Board.
III.
Notice of the time and date of the public meeting and public hearing was posted at the site
and also published in the Bozeman Daily Chronicle on March 10, 2002. Said notice also served to
inform interested persons that materials were available for review at the Bozeman Planning &
Community Development Department.
The Bozeman Planning Board considered the application at its regular meeting on March 19,
2002. The Planning Board found that the application was properly submittcd and reviewed under
the procedures of the Bozeman Area Subdivision Regulations and the Bozeman Area Zoning
Ordinancc. Staff reviewed its report and the evidence, which justified the imposition of conditions.
The applicant made a formal presentation in favor of the requested subdi vision and agreed
to the conditions presented in the Staff Report with minor modification to condition #18.
The Planning Board then opened the public hearing. There were eleven comments from the
general public regarding the vacation of the county right-of-way and not constructing a street to
connect to the county subdivision towards the west, increased traffic and safety concerns on West
Babcock Street, and the size of the proposed park. Receiving no further comment, the Planning
Board closed the public hearing.
The Planning Board agreed that the conditions outlined in the staff report were necessary
with the proposed modification of condition #18, additional wording added to condition #9 and the
inclusion of four new conditions.
The Planning Board then voted on a motion regarding the subdivision. The motion, to
recommend approval of the subdivision with conditions as recommended by Staff and the requested
variance with the following modifications, changes, and/or inclusions:
1. Modify condition #18 to read, "No new direct access from individual lots in the subdivision
estGleilJ\llajor Subdivision Findings of Fact and Order #P"02006
to West Babcock Street will be approved"; Add the following wording to condition #9: "In
addition to current city standards, all outdoor lighting, residential, commercial or otherwise,
shall be free of glare, and shall be fully shielded or shall be indirect lighting. No direct
lighting shall be emitted beyond a property's lot line. No ranch lights or unshielded lights
shall be permitted. No mercury vapor lights shall be permitted. Alley lights shall be fully
shielded lights and controlled by motion detectors. Covenants of the development shall
reflect these restrictions. For purposes of this paragraph, the following definitions shall
apply:
a) Fully shielded lights: Outdoor light fixtures shielded or constructed so that no light
rays are emitted by the installed fixture at angles above the horizontal plane as
certified by a photometric test expert;
b) Indirect light: Di rect light that has been reflected or has scattered off of other
surfaces;
c) Glare: Light emitting from a luminaire with an intensity great enough to reduce
a viewer's ability to see, and in extreme cases, causing momentary blindness; and
d) Outdoor lighting: The nighttime illumination of an outside area or object by any
man-made device located outdoors that produces light by any means. passed on a
unanimous vote of 5 in favor and 0 in opposition";
2. Add the following new conditions: "Language within the Covenants shall be modified to
strike out conifers as an acceptable front yard tree and add one large canopy tree instead";
"Language within the Covenants shall read that boulevard trees shall be of the type and size
per the City of Bozeman standards and boulevard tree species list"; "The east/west 15' open
space area shall be labeled as a linear park on the final plat with the restriction that a
maximum 4 foot fence be installed on either side. Language within the Covenants shall
reflect this as well"; "Applicant shall install traffic calming devices at the ends of the linear
park where they intersect with the interior streets, subject to review and approval by the City
Engineering Department."
The motion passed on a unanimous vote of 5 in favor and 0 in opposition.
est Glen Major Subdivisiol1Findings of Fact and Order #P-02006
IV.
The application was considered by the Bozeman City Commission at its regular meeting on
April 15, 2002, at which time the recommendation of the Planning Board and information compiled
by City staff was reviewed. The application was weighed against the review criteria established by
Statute, and found as follows:
A) PRIMARY REVIEW CRITERIA
1. Effects on Agriculture.
The subdivision of this property shall remove approximately 18.71 acres in agricultural
production. There are no agricultural lands adjacent to the subject property.
2. Effects on Agricultural Water User Facilities.
There is an existing irrigation ditch, which flows north through subject property. Thc
applicant proposes to abandon the ditch and the preliminary plat application included the signatures
of those property owners who have water rights to the ditch, approving of the abandonment. The
primary drainage is the north and northwest. The subdivision proposes one detention area in the
northwest corner of the subdivision. Design and specifications of this area will be reviewed with
Final Plat submittal (condition #22).
3. Effects on Local Services.
Water/Sewer: Water/Sewer services can be provided by connection to existing main lines
located to the east of the subject property in Michael Grove Avenue and south in West Babcock
Street. General capacity limitations for water and sewer facilities are not anticipated by the
Engineering Department staff as a result ofthis major subdivision. The design and approval of water
and sewer facilities is addressed in conditions #24 and #33.
Streets: Street improvements, including city standard sidewalks are addressed in conditions
#4 and #28.
4. Effects on the Natural Environment.
Stormwater and drainage will be addressed through condition #22. Applicant has cntercd
into an agreement for a Noxious Weed Management Plan with the Gallatin County Weed Board.
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e~tGlen MajorSubdivision Findings of Fact and Order #P-02006
5. Effects on Wildlife and Wildl~fe Habitat.
Due to its historically agricultural use and the development of surrounding lands, no
significant adverse effects on wildlife or their habitat have been identified on the property.
6. Effects on Public Health and Safety.
Because development in the subdivision will be serviced by municipal sewer, the threat of
groundwater degradation from onsite sewage disposal will be eliminated (conditions #24 and #33).
B) COMPLIANCE WITH SURVEY REQUIREMENTS PROVIDED FOR IN PART 4 OF
THE MONTANA SUBDIVISION AND PLATTING ACT.
The subdivision complies or will comply with survey requirements of the Act.
C) COMPLIANCE WITH THE BOZEMAN SUBDIVISION REGULATIONS.
With conditions, the final plat will comply with the regulations.
D) COMPLIANCE WITH THE REQUIRED SUBDIVISION REVIEW PROCESS.
The meeting before the Planning Board and hearing before the City Commission have been
properly noticed, as required in the Subdivision Regulations. The notice was mailed to all
adjoining property owners by certified mai I on March 1, 2002, and the notice was published
in the Bozeman Daily Chronicle on March 10,2002.
E) PROVISION OF EASEMENTS FOR THE LOCATION AND INST ALLA TION OF ANY
PLANNED UTILITIES.
All utilities and necessary utility easements will be provided.
F) PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEL.
Legal and physical access to each parcel is provided from existing streets through the
subdivision.
ORDER
After considering all matters of record presented at the public hearing, the City Commission
found that the proposed subdivision and requested variance would comply with the Bozeman 2020
Community Plan and the requirements of the Bozeman Area Subdivision Regulations, the Montana
Subdivision and Platting Act, and the Bozeman Zoning Ordinance, if certain conditions were
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imposed. The evidence, as stated or referenced in the Findings of Fact, justifies thc 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 West
Glen Subdivision for Dennis Balian, be approved, subject to the following conditions:
Planning Subdi vision Specific Conditions:
1. 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 dctermined by the Director of Public
Service based on the proposed final plates).
2. Street lighting shall be incorporated into the subdivision by one ofthe following:
a) applicant shall install adequate street lighting throughout the subdivision.
Lighting shall be maintained by means of the Homeowners Association through
Protective Covenants; or b) applicant shall participate in a Street Lighting
District. Street lighting will provide the necessary lighting in accordance with
applicable national safety standards consistent with the preservation of dark
skies. All subdivision lighting provided shall conform to Section 18.50.035 ofthe
Bozeman Zoning Ordinance. Details and specifications (cut sheets), including
bulb type and size, and locations shall be provided with the final plat and subject
to review and approval by the Planning and Engineering Departments.
3. Applicant shall provide a soils report, along with building plans, to the Building
Division, recommending types of foundations. If development shall occur in
phases, the soils report may address those lots within the proposed phase.
4. Within the Linear Trail Parks, a minimum five-foot pedestrian trail (Class 11
trail) shall be installed. Applicant shall meander the trail to be more natural in
appearance. To the extent possible, trails shall meet minimum ADA (Americans
with Disabilities Act) standards.
5. Wetlands on the subject property should be protected to the greatest extent
possible. Wetland protection will significantly add to the quality of the proposed
trail conidors and contribute immensely as important wildlife habitat and open
space for the community.
6. The City's Historic Preservation Planner will undertake a review of the site to
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rest Glen Major Subdivision Findings of Fact and Order #P-02006 I
establish the historical significance ofthe location, and to determine if the further
site review is required. Site evaluation will be conducted concurrently with the
Minor Subdivision review and the Historic Preservation Planner will make
recommendations to the applicant regarding the disposition of historic resources
on the site, including the possible need for further study. The result ofthis survey
will be forwarded to the City Commission in the form of a separate memo.
7. In addition to current city standards, all outdoor lighting, residential, commercial
or otherwise, shall be free of glare, and shall be fully shielded or shall bc indirect
lighting. No direct lighting shall be emitted beyond a property's lot line. No
ranch lights or unshielded lights shall be permitted. No mercury vapor lights
shall be permitted. Covenants of the development shall reflect these restrictions.
For purposes of this paragraph, the following definitions shall apply:
a) Fully shielded lights: Outdoor light fixtures shielded or constructed so that
no light rays are emitted by the installed fixture at angles above the
horizontal plane as certified by a photometric test expert;
b) Indirect light: Direct light that has been reflected or has scattered off of
other surfaces;
c) Glare: Light emitting from a luminaire with an intensity great enough to
reduce a viewer's ability to see, and in extreme cases, causing momentary
blindness; and
d) Outdoor lighting: The nighttime illumination of an outside area or object
by any man-made device located outdoors that produces light by any means.
8. A declaration of covenants for this subdivision must be included and recorded
with the Final Plat which specifically includes the provisions from Section
16.34.030, as well as provisions for owners association maintenance of all
applicable homeowners' association open space, pedestrian facilities, and
storm water facilities.
9. If, in the course of the proposed development any historical sites, bones, artifacts,
etc., are uncovered, the City's Historic Preservation Planner shall be notified
immediately. A reconnaissance survey shall be conducted and rcsults submitted
to the Planning Department with Final Plat submittal.
Engineering Subdivision Specific Conditions:
10. Flood plain:
a) A Flood Plain Development Permit must be obtained from the City
Engineer prior to construction within the floodplain.
b) The 100 year flood plain boundary and tlood elevations must be
depicted on the final plat.
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est Glen Major Subdivision Findings of Fact and Order #P-02006
c) Culvert sizing design calculations shall be provided for the floodway
crossing.
d) All buildings within the floodplain must be flood proofed to at least
2' above the 100 year flood elevation. Elevation Certificates must be
provided for each building following completion of construction.
11. The sewer main on the east side of the property has many sections of over
capacity pipe downstream of this subdivision. The sewer shall be revised to all
drain to the west, or the sections of main that are over capacity must be replaced.
12. No building permits shall be issued on the multi-family lots until the sewer
bottleneck on North Rouse has been replaced, unless an alternate design solution
is reviewed and approved by the City Engineering Department.
13. If the variance is granted for cul-de-sac length, engineering would recommend
that an emergency access meeting the requirements of the Bozeman Fire
Department be required as part of the approval for this subdivision.
14. To provide better and more accurate emergency response services, the applicant
shall rename the proposed Broadway Boulevard to be significantly different than
Broadway A venue.
Water/Sewer Conditions:
15. Manholes in the medians must remain fully accessible for year-round
maintenance. The City will not be responsible for maintaining the landscaped
area around the manholes.
16. The water main alignment for the Front Street tie should parallel the 14" sanitary
sewer.
17. The Water/Sewer department will review engineered plans and specifications
when they are provided for review and approval.
Planning Code Provisions:
18. The Final Plat shall conform to all requirements of the Bozeman Area
Subdivision Regulations and the Uniform Standards for Final Subdivision Plats
and shall be accompanied by all required documents, including certification from
the City Engineer that as-built drawings for public improvements were received,
a platting certificate, and all required and corrected certificates. The Final Plat
application shall include two (2) signed c10thback (or equivalent) copies; two (2)
signed reproducible copies on a stable base polyester film (or equivalent); two
(2) digital copies on a double-sided, high density 3-1/2" floppy disk; and fi ve (5)
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estGlenMajor Subdivision Findings of Fact and Order #P-02006
paper prints.
19. 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.
20. If it is the developer's intent to file the plat prior to the completion of all required
improvements, an Improvements Agreement shall be entered into with the City
of Bozeman guaranteeing the completion of all improvements in accordance with
the Preliminary Plat submittal information and conditions of approvaL 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% of the cost of the remaining improvements.
Engineering General Conditions:
21. A Stormwater Master Plan for the subdivision for a system designed to remove
solids, silt, oils, grease and other pollutants from the runoff from the private and
public streets and all lots must be provided to and approved by the City Engineer.
The master plan must depict the maximum sized retention basin location, show
location of and provide easements for adequate drainage ways within the
subdivision to transport runoff to the stormwater receiving channel. The plan
shall include sufficient site grading and elevation information (particularly for
the basin site, drainage ways and finished lot grades), typical storm water
detention/retention basin and discharge structure details, basin sizing calculations
and a stormwater maintenance plan.
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. Final facility sizing
may be reviewed and reduced during design review of the Final Site Plan for
each lot.
22. Plans and specifications and a detailed design report for water and sewer main
extensions, storm sewer and the public street, prepared by a Professional
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est Glen Major Subdivision Findings of Fact and Order #P-02006
Engineer, shall be provided to and approved by the City Engineer and the
Montana Department of Environmental Quality. The Applicant shall also
provide Professional Engineering services for construction inspection, post-
construction certification, and preparation of mylar record drawings.
Construction shall not be initiated on the public infrastructure improvements
until the plans and specifications have been approved and a pre-construction
conference has been conducted.
No building permits shall be issued prior to substantial completion and City
acceptance of the required infrastructure improvements.
23. All infrastructure improvements including 1) water and sewer main extensions,
and 2) public streets, curb/gutter, sidewalks, and related storm drainage
infrastructure improvements shall be financially guaranteed or constructed prior
to Final Plat approval.
24. The location of existing water and sewer mains shall be properly depicted.
Proposed main extensions shall be noted as proposed.
25. The Montana Fish, Wildlife and Parks, SCS, Montana Department of
Environmental Quality and Army Corps of Engineer's shall be contacted
regarding the proposed project and any required permits (i.e., 310,404, Turbidity
exemption, etc.) shall be obtained prior to Final Site Plan approval.
26. 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.
27. Project phasing shall be clearly defined including installation of infrastructure.
28. 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.
29. The applicant shall provide a 20-foot wide all-weather access within the 60-foot
emergency access easement. Said 20-foot wide access shall be maintained year-
round for accessibility.
30. The applicant shall provide a ground-mounted plaque providing an overview of
the site's important historic past. The plaque shall be constructed at a prominent,
pedestrian-oriented area on the site. Such plaque shall include the mill etchings
as well as a historical narrati ve of the site.
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~his 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 City Commission. At the end of this period the City Commission may, at the written request of
the subdivider, extend its approval as provided for in the Bozeman Subdivision Regulations.
DATED this 5th day of ~, 2002.
BOZEMAN CITY COMMISSION
By --{-~
Steven R. Kir hoff, Mayo
C1l: ~
Q~ Q ~
Robin L. Sullivan
Clerk of the Commission
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