HomeMy WebLinkAbout02- Broadway Boulevard Subdivision
IBroadway Boulevard Minor Subdivision Findings of Fact and Order #P-02019 I
BEFORE THE BOZEMAN CITY COMMISSION
GALLA TIN COUNTY, MONTANA
IN THE MATTER OF THE APPLICATION OF BRC FINDINGS
INVESTMENTS, L.L.C., REPRESENTED BY DELANEY & OF FACT
COMPANY, INC. FOR PRELIMINARY APPRO V AL OF AND ORDER
BROADW A Y BOULEVARD SUBDIVISION
This matter came before the Bozeman City Commission on July 22, 2002, for review and
decision pursuant to the Montana Subdivision 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 minor subdivision consisting of 5 lots as submitted
in its original form on May 21, 2002, P-02019. 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 May 21, 2002, BRC Investments, L.L.C., represented by Delaney & Company, Inc.
and C&H Engineering and Surveying, Inc., submitted an application for approval to create the
Broadway Boulevard Subdivision, a minor subdivision dividing 33.20 acres into 5 lots, zoncd
R-O (Residential-Office District) and R-4 (Residential High Density District). The applicant
requestcd three variances from the Subdivision Regulations: 1) to construct Broadway Boulevard
as proposed and not constructed to the boundary line to the southeast because of topographical
constraints; 2) to exceed the 500' maximum allowable length for a cul-de-sac; and 3) to allow
sidewalks to be constructed prior to occupancy of any structure on individual lots with the
lBroa'd,Way Boulevard Minor Subdivision Findings of Fact and Order #P-02019 I
IV.
The application was considered by the Bozeman City Commission at its regular meeting
on July 22, 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) PRIMAR Y REVIEW CRITERIA
1. Effects on Agriculture.
The subject property is currently not used for any agricultural purposes. There is an
abandoned barn and several outbuildings on the subject property.
2. Effects on Agricultural Water User Facilities.
The Mill Ditch Diversion runs through the southwest comer of the property and borders
the property on the west and north sides. A portion of the stormwater will be retained in
detention ponds prior to being transferred to the Mill Ditch diversion. Design and specifications
of this area will be reviewed with Final Plat submittal (conditions #21 and #22).
3. Effects on Local Services.
Water/Sewer: Water/Sewer services can be provided by connection to existing main lines
located to the west in Broadway A venue. 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. No
building permits shall be issued on the multi-family lots until the sewer bottleneck on North
Rouse has been replaced. The design and approval of water and sewer facilities is addressed in
recommended conditions #17, #22, and #23.
Streets: Street improvements, including city standard sidewalks are addressed in
recommended condition #23. With this application, the applicant has requested a variance for
timing of sidewalk installation to be consistent with the July 10, 2002 effective date of the
Bozeman Subdivision Regulations.
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IBroadway Boulevard MinofSllbdivisiotlFindings of Fact and Order #P-02019 I
4. Effects on the Natural Environment.
Stormwater and drainage will be addressed through condition #21. Applicant has entered
into an agreement for a Noxious Weed Management Plan with the Gallatin County Weed Board.
5. Effects on Wildlife and Wildlife 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.
Impacts to wetlands or wetland species will be identified upon further site plan review for Lots
3,4, and 5.
6. E,1fects 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 (condition #11, #12,
and #22).
ill 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.
g COMPLIANCE WITH THE BOZEMAN SUBDIVISION REGULATIONS.
With conditions, the final plat will comply with the regulations.
ill 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 mail on June 14, 2002, and the notice was published in
the Bozeman Daily Chronicle on June 16,2002.
E) PROVISION OF EASEMENTS FOR THE LOCATION AND INST ALLA TION OF
ANY PLANNED UTILITIES.
All utilities and necessary utility easements will be provided.
B PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEL.
Legal and physical access to each parcel is provided from existing streets through the
subdivision.
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Iaroa'4way Boulevard Minor Subdivision Findings of Fact and Order #P-02019 I
ORDER
After considering all matters of record presented at the public hearing, the City
Commission found that the proposed subdivision and requested variances 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 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 Broadway Boulevard Subdivision for Delaney & Company, Inc., be approved, subject to
the following conditions:
Planning Subdivision 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 determined by the Director
of Public Service based on the proposed final plat(s).
2. Street lighting shall be incorporated into the subdivision by one of the
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 of the 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.
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!Bl'olldway Boulevard Minor Subdivision Findings of FactandOrder #P-020l9 I
4. Within the Linear Trail Parks, a minimum five-foot pedestrian trail (Class II
trail) shall be installed. Applicant shall meander the trai I 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 corridors 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
establish the historical significance of the 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
of this 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 be indirect lighting. No direct lighting shall be emitted beyond a
property's lot line. No ranch lights or un shielded 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
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~roadway Boulevard Minor Subdivision Findings of Fact and Order #P-020 19 I
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 results
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 flood elevations must be
depicted on the final plat.
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 subdi vision.
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"
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IBroadway Boulevard MinorSubdiyisioll. Fiildings of Fact and Order #P-020 19 I
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 five (5) 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
stormwater detention/retention basin and discharge structure details, basin
sizing calculations and a storm water maintenance plan.
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IBroadway BoulevllTd Minot..Sl.Ibdivision Findings of Fact and Order #p.02019 I
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
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 mam
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.
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IBroadwayBoul~YardMinor Subdivision Findin~sofFactandOrder #1'-02019 I
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 narrative of the site.
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 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 Aug., 2002.
BOZEMAN CITY COMMISSION
By:
(;ZT
~J A~ J
Robin L. Sullivan
Clerk of the Commission
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