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HomeMy WebLinkAbout03- Baxter Square Subdivision ... BEFORE THE BOZEMAN CITY COMMISSION GALLATIN COUNTY, MONTANA IN THE MATTER OF THE APPLICATION OF FINDINGS BUFFALO LAND MANAGEMENT, L.L.C., EVERT OF }t~ACT WIERDA AND BAXTER SQUARE PARTNERS, L.L.C. AND ORDER REPRESENTED BY C&H ENGINEERING AND SURVEYING, INC., FOR PRELIMINARY APPROVAL OF BAXTER SQUARE SUBDIVISION. This matter came before the Bozeman City Commission on August 11,2003, 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 City of Bozeman Subdivision Regulations, City of Bozeman Growth Policy, and City of Bozeman Zoning Ordinance. The applicant presented to the Commission a proposed Preliminary Subdivision Plat for a 104-lot major subdivision planned unit dcvelopment as submitted in its original form on May 21,2003, P-03020. The Commission held a public hearing on the preliminary plat and considered all relevant cvidence relating to the public health, safety, and welfare, including the recommendation of the planning board, to detcrminc whether the plat should be approved, conditionally approved, or disapproved. It appcared to the Commission that all parties wishing to appear and comment wcrc given the opportunity to do so, and thereforc, 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 May 21, 2003, Buffalo Land Management, L.L.C., Evert Wierda and Baxter Square Partners, L.L.c. represented by C&H Engineering and Surveying, Inc., submitted an application for approval to create a major subdivision of 18 acres into 104 residential lots. The property is legally described as EYz WYz Sm,i SW1/4, SECTION 35, TIS, R5E, Gallatin County, Montana. The subject property is zoned R~3 (Residential Medium 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. 111. Notice of the time and date of the public meeting and public hcaring was posted at the site on January 10,2003. Said notice also served to inform interestcd 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 June 27, 2003. The Planning Board found that the application was properly submitted and reviewed under the procedures of the City of Bozeman Subdivision Regulations and the City of Bozeman Zoning Ordinance. Staff reviewed the staff report and the evidence, which justified the imposition of conditions. The applicant made a formal presentation in favor of the requested subdivision. -2- ~ ~ The Planning Board then opened the public hearing. No one from the general public spoke regarding the proposed subdivision, the Planning Board closed the public meeting. The City of Bozeman Planning Board then moved to recommend approval of the subdi vision with conditions as recommended by Staff and passed on a unanimous vote of 6 in favor and 0 in opposition. IV. The application was considered by the Bozeman City Commission at its regular meeting on August 11, 2003, at which time the recommendation of the Planning Board and information compiled by City staff was revicwed. V. The application was considcred by the Bozeman City Commission and weighed against the review critcria established by Statute, and found as follows: A) PRIMARY REVIEW CRITERIA 1. Effects on Agriculture. The property has been master planned for Residential development. The urban density dcvelopment will replace the existing agricultural uses. 2. Effects on Agricultural Water User Facilities. No effects on agricultural water user facilities were identified. 3. Effects on Local Services. Water/Sewer: One of the recommended conditions of approval would require the subdi vider to install an irrigation well for the watering of residential yards, parks and open space areas. An irrigation well will eliminate the use of treated water for irrigation purposes and is also a cost saving measure for the residents of the development. The 12" water main in Baxter Lane shall be extended to the western boundary of the subdivision to conform to the City's Water Master Plan. The developer further proposes to extend the 8" sewer main located in the south end of Cattail Creek subdivision to the subdivision along Thomas Drive/North 27th A venue. Police/Fire: During D.R.C. review the Fire Department expressed some concern over the growth of the city to the west and the inevitable increase in response times from the existing fire stations. -3- . " Streets: Access to the property will be provided primarily from Baxter Lane, which is identified as a minor arterial street. A local street will be constructed through the subdivision to Thomas Dri ve/North 27th A venue, a collector street, in order to provide secondary access. The developers have obtained a public street easement to allow the construction of the local street across adjacent parcels. Aside from the primary north/south street and the east/west street to be constructed within a 60-foot right of way, the remaining streets will be designated as private streets and constructed within a 32-foot public street easement. Utilities: The appropriate utility easements must be noted on the final plat. 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. 4. Effects on the Natural Environment. Surface run off will be directed into storm water detention facilities that will be maintained by the property owner's association. The watercourse wi II be designated as common open space and a public trail corridor will be constructed adjacent to the watcrcourse as outlined in pathway and zonc planting requirements in the Subdivision Regulations. 5. Effects on Wildl~fe and Wildlife Habitat. There should be minimal impact on Cattail Creek given the distance of the developed area from the watercourse. The 50-foot stream setback will provide a buffer to the watercourse and will support the usual small mammals found in riparian areas. Thc applicant is aware of any and all permitting required with Fish, Wildlife & Parks and will obtain all permits necessary. 6. Effects on Public Health and Safety. The threat of groundwater degradation from on site scwage disposal should be eliminated since municipal sewer will service the development. In addition to city review of the Plans and Specifications, the subdivider will be required to obtain any permits rcquired by the Montana Department of Environmental Quality, Fish, Wildlifc & Parks, Department of Natural Resource Conservation and the Montana Department of Transportation. B) COMPLIANCE WITH SURVEY REQUIREMENTS PROVIDED FOR IN PART 4 OF THE MONTANA SUBDIVISION AND PLATTING ACT. The subdi vision currently complies and will remain in compliance with survey requirements of the Act. C) COMPLIANCE WITH THE BOZEMAN SUBDIVISION REGULATIONS. The final plat will comply with the Subdivision Regulations with the recommended conditions of approval outlined in the beginning of the staff report. -4- - , . i'l.~ihdings D) COMPLIANCE WITH THE REQUIRED SUBDIVISION REVIEW PROCESS. The Planning Board and City Commission hearings have been properly noticed, as required in the Subdivision Regulations. E) PROVISION OF EASEMENTS FOR THE LOCA nON AND INST ALLA TION OF ANY PLANNED UTILITIES. All utilities and necessary utility easements will be provided and depicted on the final plat. F) PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEL. Primary access will be provided from Baxter Lane and secondary access will be providcd from Thomas Drive/North 2ih Avenue. All lots within the subdivision will have direct access either to thc dedicated public streets or to adjacent private strccts with public street easements. ORDER After considering all matters of record prescntcd at the public hearing, the Bozeman City Commission found that the proposed subdi vision would comply with the adopted Growth Policy and the requirements of the City of Bozeman 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 thc Baxter Square Major Subdivision P.U.D. for Buffalo Land Managcment, L.L.C., Evert Wierda and Baxter Square Partners, L.L.c., be approved, subject to the following conditions: Conditions for Approval 1. All mature vegetation that currently exists within any of the designated park, open space and required setbacks shall be preserved. The Planning Office shall be contacted prior to any mature vegetation being removed. -5- . . )B~Mft..: ' dOrder 2. Unless precluded by DNRC, the subdi vider shall be responsible for locating and installing an irrigation well strictly for the purposes of irrigating residential yard spaces, boulevard, open space and parkland. If a well is not permitted, irrigation shall be provided by the subdivider using City water, and a new landscape plan, which includes mostly drought~resistant species, shall be submitted for review and approval by the Planning Department 3. If the subdi vision improvements are to be phased then the open space and parkland improvements shall be completed with the platting of Phase 1. 4. Cash in lieu of water rights for Baxter Square Subdivision, as determined by the Director of Public Service, must be paid at the time the final plat is submittcd. 5. The declaration of covenants for the subdivision must bc included and recorded with the Final Plat. The City of Bozcman shall be patty to any changes or modifications made to the restrictive covenants and Architectural Guidelines as they relate to any zoning and/or planning bylaws. 6. The dedicated parkland shall be identified as "Public Park" on the final plat. 7. The developer shall submit a formal development plan signed by a certificd landscape architect for the design of all dedicated parklands within said subdivision for review and approval by the Superintendent of Facilities and Public Lands, and the City of Bozeman Recreation and Parks Advisory Board. Per Section 16.08.080 "Final Park Plan", a final park plan shall bc submitted to the City of Bozeman for review and approval prior to the installation of any park improvements. The park plan shall address all of the items listed in Section 16.08.050.P for the dedicated parkland, open space areas and trail amenities. 8. The applicant shall obtain written approval from the Superintendent of Facilities and Public Lands of a park land implementation plan outlining installation of landscape improvements, trai I/bike path improvements, and maintenance and upkeep of the park lands and trails, and that said implementation plan be noted accordingly in the protective covenants and restrictions of the property owner's association documents, for review and approval prior to Final Plat approval. 9. Section 16.14.100 "Park Requirements" allows public parkland to be used for storm water detention or retention ponds but the area shall not count towards the parkland dedication requirement. The parkland estimates shall be recalculated excluding the storm water detention/retention ponds. 10. The public parkland boundaries bordering all private lots shall be delineated at the common private/public comer pins, with flat, flexible fiberglass posts, as prescribed in Section -6. . . . .iIidings ofJ1'1l.Cf.' 16.14.100.F.3 of the subdivision regulations prior to filing of the any phase of the major subdivision that contains dedicated public parkland. 11. If the remainder of the parkland is to be provided in the form of cash-in-lieu of parkland donation then the plat shall conform to Section 18.14.100.G "Cash in Lieu of Park Land Donation". 12. Section 16.14.110.A "City of Bozeman Rights-of-Way", states that the subdivider shall be responsible for installing sod, boulevard trees and an irrigation system in the public right-of- way boulevard strips along all external subdivision streets and adjacent to subdivision parks or other open space areas. 13. Section 16.l4.120.B.l "Transportation Pathways", requires corridors for Class 1 trails to be dedicated to the City. The dedicated trail corridor shall be at least 25 feet in width to ensure adequate room for the construction, maintenance and use of the trail. Transportation trail corridors cannot be used to satisfy parkland dedication rcquirements. Trail specifications shall be submi ttcd to the Planning Department, for review and approval, prior to construction of the trail. 14. The subdivider shall provide irrigation system as-builts, for all irrigation installed in public rights-of-way and/or land used to meet parkland dedication requirements. The as-builts shall include the exact locations and type of lines, including accurate depth, water source, heads, electric valves, quick couplers, drains and control box as outlined in Section 16.08.090 "Irrigation System As-bui Its". 15. Streetlights shall be provided at all intersections of public and/or private streets and at the intersection of pathways and streets within the proposcd subdivision as outlined in Section 16.14.230.D "Subdivision Light Fixture Location and Placement". 16. Per Section 16.14.230.0 "Lighting Specifications", the standard height for light standards shall not exceed 24 feet. 17. As recommended by the State Historical Preservation Office (SHPO), a professional cultural resource inventory of the site shall be conducted by a qualified archeologist. The results of said survey must be provided to the Planning Department prior to the submittal of any infrastructure plans and specifications. 18. Prior to final plat approval, 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. -7- " - 19. The final plat shall conform to all requirements ofthe Bozeman 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 reproducible copies on a stable base polyester film (or equivalent); two (2) digital copies on a double-sided, high density 3Yz-inch floppy disk or compact disk; and five (5) paper prints. 20. 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. 21. 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. 22. 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 stormwaterreceiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin site, drainage ways and finished lot gradcs), typical stormwatcr 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 conduci ve 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. The pond in the northwest corner of the subdivision appears to violate this and shall be on open space if it is collecting runoff from subdivisions streets. 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 FSP for each lot. 23. 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 -8- , . ivision PUD Firidi'" '~r 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 unless approved for concurrent construction by the City Commission. If approved for concurrent construction, all parts of section 16.22.030 of the subdivision regulations must be complied with. 24. 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. City 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 for their 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. 25. The location of existing water and sewer mains shall be properly depicted. Proposed main extensions shall be noted as proposed. 26. 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 FSP approval. 27. 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. 28. Project phasing shall be clearly defined including installation of infrastructure. 29. 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. 30. All street names must be approved by the County Road and Bridge Department and the City Engineering Division to eliminate duplication of names countywide. -9- . . . _~..Maj.or SubdivisiOI).Rl.JI::!':'~I__\:.:.'...... #P-03020$#a,~ 31. A one-foot no access strip shall be shown on the final plat along the entire Baxter Lane frontage. The driveway for the existing dwelling shall be relocated to the new street, and the existing driveway obliterated. 32. The existing dwelling must be connected to city sewer and water once the mains have been installed and accepted by the City. 33. The 12" water main in Baxter Lane shall be extended to the western boundary of the subdivision to conform to the City's Water Master Plan. 34. Baxter Lane shall be improved to one half of a minor arterial standard as shown in the Transportation Plan along the frontage of this subdivision. 35. North 27th/Thomas shall be improved to one half of a collector standard as shown in the Transportation Plan from the east/west street midway through the subdi vision to Baxter Lane. 36. The three way stop suggested in the Traffic Impact Study (TIS) at the intersection in the center of the subdivision will not be allowed. This intersection will be one way stop controlled (south leg) until such time as warrants are met for three way stop. If crosswalks are installed at this intersection as suggested in the TIS they must be thermoplastic or preformed plastic, and all required signing must be installed. 37. No Parking signs shall be installed and the curb painted yellow on one side of all of the private streets. The minimum allowed width of these private streets shall be 29' back of curb to back of curb. 38. All of the sidewalks that are substandard (less than 5') in width shall meet ADA requirements for turnouts for passing and width at intersections. 39. All lots shall be served by a sewer main extended from the north near Cattail Drive. No direct connection to the Baxter sewer will be allowed. 40. The center east/west public street shall be improved to a full city standard local street from the eastern boundary of this subdivision to North 2ih/Thomas. 41. An additional 0.8 acres of parkland dedication is required. Lots 54 and 55 shall be removed and added to the land adjacent to the park and the remaining required acreage shall be received as cash-in-lieu as written in Condition #11. .10. ~ . . 42. The overhead power line across the park shall be relocated or buried to avoid interference with park use and public safety. 43. The north end of the trail, near the stream/ditch, shall be located so as to continue along the stream/ditch when the property to the west is developed. 44. The applicants are required to provide two additional ground water test pits during the month of August. The plat shall include restrictive language for construction if determined necessary by the Engineering and Building Departments. Record of the ground water depth shall be provided on the plat. 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. Thc 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 6th day of October ,2003. BOZEMAN CITY COMMISSION BY_~ ~ · Steven R. Kirchhoff, ayor ATTEST: G~L~ Robin L. Sullivan Clerk of the Commission -11-