HomeMy WebLinkAbout03- Bridger Peaks Village Subdivision
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BEFORE THE BOZEMAN CITY COMMISSION
GALLA TIN COUNTY, MONT ANA
IN THE MA TTER OF THE APPLICATION OF PHILIP FINDINGS
SACCOCCIA, JR. REPRESENTED BY MORRISON- OF FACT
MAIERLE, INC., FOR PRELIMINARY APPROVAL OF AND ORDER
BRIDGER PEAKS VILLAGE SUBDIVISION.
This matter came before the Bozeman City Commission on August 25, 2003, 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 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 5-lot minor subdivision planned unit
development as submitted in its original form on July 7,2003, P-03020. 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 detetmine
whether the plat should be approved, conditionally approved, or disapproved.
It appeared to the Commission that all parties wishing to appear and comment wcrc 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 July 7,2003, Sparrow Group, L.L.C. on behalf of the property owner Philip Saccoccia, Jr.
and represented by Morrison-Maierle, Inc., submitted an application for approval to create a minor
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subdivision of 18 acres into 5 commercial lots. The property is legally described as Tract 4B-l,
C.O.S. 1215 D, City of Bozeman, Gallatin County, Montana. The subject property is zoned "B-2"
(Community Business District).
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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.
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Notice of the ti me and date of thc public meeting and public hearing was posted at the site on
July 25, 2003. Said notice also served to inform interested persons that materials were available for
rcview at the Bozeman Planning & Community Development Department.
The City of Bozeman Planning Board opened the public meeting on August 19,2003. 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
provided a review of its repOlt and the evidence which justified the imposition of conditions.
The applicant made a formal presentation in favor of the requested subdivision.
The Planning Board thcn opened the public hearing. No one from the general public spoke
regarding the proposed subdivision, and the Planning Board closed the public meeting.
The City of Bozeman Planning Board then moved to recommend approval ofthe subdivision
with conditions as recommended by Staff and passed on a unanimous vote of 8 in favor and 0 in
opposition.
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IV.
The application was considered by the Bozeman City Commission at its regular meeting on
August 25, 2003, at which time the recommendation of the Planning Board and information
compiled by City staff was reviewed.
V.
A) PRIMARY REVIEW CRITERIA
1. Effects on Agriculture.
The property has been master planned for development as part of the original plan for
Bridger Peaks Town Center and the adopted Growth Policy contemplates Regional
Commercial development in this area that will replace any existing agricultural uses.
2. Effects on Agricultural Water User Facilities.
Walton Stream/Ditch crosses the property. The applicant and property owner are aware that
development ofthis property will not be permitted to interfere with downstream watcr users.
3. Effects on Local Set1Jices.
Water/Sewer: An 8" water main and sewer main will be installed from the existing main in
Oak Street. As part of the design report, the location of sewer mains to provide service to
tracts 2 & 3 east of 15th must be provided to, reviewed and approved by the City of
Bozeman. If it is determined that these tracts are best served by a sewer main in 15th A venue,
then it shall be installed as part of this project.
Police/Firc: The property lies within the city service area.
Strcets: Access to the property will be provided primarily from North 15th Avenue via Oak
Street. A dedication of 32Yz feet of right-of-way is proposed for North 15th A venue and 60-
80 feet of right~of-way is proposed for Oak Street.
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
as common open space by the property owner's association. The applicant has proposed a
35-foot watercourse setback instead of the standard 50-foot as discussed in the beginning of
the staff report.
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5. Effects on Wildl~re and Wildlife Habitat.
There should be minimal impact on Walton Stream/Ditch given the distance ofthe developed
area from the watercourse. The Recreation & Parks Advisory Board voiced some concern
over potential impacts of the asphalt trail due to the reduced setback. Engineering Staff did
not feel there would be any deteriorating effects on the stream.
6. Effects on Public llealth and Safety.
In addition to city review of the Plans and Specifications, the subdivider will be required to
obtain any permits required by the Montana Department of Environmental Quality, Fish,
Wildlife & 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 subdivision currently complies and will rcmain in compliance with survey requiremcnts
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.
D) COMPLIANCE WITH THE REQUIRED SUBDIVISION REVIEW PROCESS.
The Planning Board and City Commission hearings have been properly noticed, as requircd
in the Subdivision Regulations.
E) PROVISION OF EASEMENTS FOR THE LOCATION 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.
All lots within the subdivision will have direct access to the North 15th Avenue.
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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 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, justifics 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
Bridger Peaks Village Minor Subdivision P.U.D. for the property owner Philip Saccoccia, Jr., be
approved, subject to the following conditions:
Conditions for Approval:
1. Lot 1 shall be redesigned in order to avoid creating an odd shaped lot. A twcnty-six foot
wide shared access easement shall be depicted on the plat that straddles Lots 2 and 3 to
provide shared access for all three lots to North 15th A venue.
2. Stream setback plantings, trail improvements and greenway improvcments shall be installed
with Phase 1 of the subdivision.
3. The subdivider shall contact the DNRC and determine if a well can be drilled strictly for the
purposes of providing irrigation to the subdivision. If it is determined acceptable by the
DNRC then the subdivider shall be responsible for locating and installing an on-site
irrigation well. If occupancy occurs prior to issuance of a well permit then city water may be
used temporarily, upon review and approval by the Water and Sewer Superintendent,
pending DNRC approval.
4. The subdivider shall provide irrigation system as-builts, for all irrigation installed in public
rights-of~way. 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-builts".
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5. The subdi vider shall comply with section 16.l4.11O.A "City of Bozeman Rights-of-Way,"
which 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.
6. A 25-foot public access easement is required over the trail along Oak Street and along the
stream trail. Section 16.14.120.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. Trail
specifications shall be submitted to the Planning Department, for review and approval, prior
to construction of the trail.
7. Streetlights shall be provided at all intersections of public and/or ptivate streets and at the
intersection of pathways and streets within the proposed subdivision as outlined in Section
16.14.230.D "Subdivision Light Fixture Location and Placement".
8. Per Section 16.14.230.G "Lighting Specifications", the standard height for light standards
shall not exceed 24 feet.
9. Cash in lieu of water rights for Bridger Peaks Village Subdivision, as determined by the
Director of Public Service, must be paid at the time the final plat is submitted.
10. The declaration of covenants for the subdivision must be included and recorded with the
final Plat. The City of Bozeman shall be party to any changes or modifications made to the
restrictive covenants and Architectural Guidelines as they relate to any zoning and/or
planning bylaws.
11. The covenants shall state that the parking areas and open space are pelmitted reciprocal use
by all of the lots of the subdivision. The City of Bozeman shall be named party to this
section of the covenants.
12. 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.
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13. The final plat shall conform to all requirements ofthe Bozeman Subdivision Regulations and
the Uniform Standards for Final Subdi vision 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 equi valent); two (2) digital copies on a double~sided, high density 3V2-inch
floppy disk or compact disk; and five (5) paper prints.
14. 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.
15. 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.
16. 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 subdi vision 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 conduci ve to the nOlmal 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 FSP for each lot.
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17. 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 unless approved for
concurrent construction by the City Commission.
18. All infrastructure improvements including 1) water and sewer main extensions, and 2) public
streets, curb/gutter, sidewalks fronting parks, open space, rear yard frontagcs 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 anni versary 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.
19. The location of existing water and sewer mains shall be properly depicted. Proposed main
extensions shall be noted as proposed.
20. The drive approach shall be constructed in accordance with the City's standard approach (i.e.,
concrete apron, sidewalk section and drop-curb) and shown as such on the FSP. A City Curb
Cut and Sidewalk Permit shall be obtained prior to FSP approval.
21. 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.
22. 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.
23. Project phasing shall be clearly defined including installation of infrastructure.
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24. 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.
25. Oak Street shall be widened to one half of its ultimate width of 78', including all required
striping, and installation of curb, gutter, and sidewalk along the entire frontage of this
subdi vision.
26. Hydraulic calculations shall be performed for the proposed bridge crossing the watercourse
to ensure that it will pass the 100-year flow.
27. As palt of the design report, the location of sewer mains to provide service to tracts 2 & 3
east of 15th must be provided to, reviewed and approved by the City of Bozeman. If it is
determined that these tracts are best served by a sewer main in 15th Avenue, then it shall be
installed as part of this project.
28. North 15th Avenue shall be improved to the typical section detailed on the site plan provided
with PUD and Preliminary Plat application package.
29. A Wai ver of Right to Protest the Creation of an SID for signalization at the intersection of
Oak Street and 15th Avenue shall be filed with the Clerk & Recorder's Office.
This City Commission order may be appealed by bringing an action in the Eighteenth Disttict
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 subdi vision 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
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By: c...-.... '-- .
Steven R.. irchhoff, ayor
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!QHdger Peaks MinorS\.lliijillillll_lllJlmhgsof Pact and Order ttl>.()3024
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ATTEST:
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Robin L. Sullivan
Clerk of the Commission
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