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HomeMy WebLinkAbout03- Village Downtown Planned Unit Development Major Subdivision BEFORE THE BOZEMAN CITY COMMISSION GALLATIN COUNTY, MONTANA IN THE MATTER OF THE APPLICATION OF THE VILLAGE INVESTMENT GROUP, INC., C/O DELANEY & FINDINGS COMPANY AND BRC INVESTMENTS, LLC. (OWNERS) OF FACT REPRESENTED BY C&H ENGINEERING AND SURVEYING, INC. AND ORDER FOR PRELIMINARY APPROVAL OF THE VILLAGE DOWNTOWN PLANNED UNIT DEVELOPMENT MAJOR SUBDIVISION This mattcr came before thc Bozeman City Commission on August 18,2003, 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 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 planned unit development major subdivision consisting of 32 lots as submitted in its original form on June 4, 2003, #P-03021. 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 appearcd to the Commission that all pmties 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: . .~)tHe~w""liilll'llllliiii~iif~~!ili~~:!~'''''IIII~ri~lii;ii:li!''~ FINDINGS OF FACT 1. On June 4,2003, the applicant, The Village Investment Group, Inc., c/o Mike Delaney, 101 East Main Street, Bozeman, MT 59715, and BRC Investments, 103 Blacktail Court, Butte, MT 59701, the owners, and represented by C&H Engineering & Surveying, Inc., 205 Edelweiss, Bozeman MT 59718 and Bitnar Architects, 502 S. Grand Ave., Bozeman, MT 59715, submitted an application for approval to create The Village Downtown Subdivision, a planned unit development major subdivision dividing :t8 acres into 32 townhouse lots zoned "R~O" (Residential Office District). The applicant requested waivers from the following Subdivision Regulations: 1) Section 16.08.050.L.6.d.ii -to allow an intersection level of service less than "D"; 2) Section 16.14.030.F (Dcpth) - to allow lots to have an average depth greater than 3 time its average width; and 3) Section 16.14.030.H (Frontage on Public Streets) - to allow the public street frontage on 4 lots to bc reduce to 0'. The applicant also requcsted concurrent construction pursuant to Section 16.22.030 (Completion ofImprovements) ofthe Subdivision Regulations. The propcrty is legally described as a portion of Lot 1, Amended Plat C-23-AlO, and is situated in the NE 1,4 of Section 7 and the NW t,4 of Section 8, T2S, R6E, PMM, Gallatin County, City of Bozeman, Montana. 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 Bozeman Planning Board. III. Notice of the time and date of the public meeting and public hearing was posted at the site 2 . _'~Ul' '~~~""';j;".(.",<>;.'.\~V%jll.I!;_I_ ;. ag ,,".' . '.' . . l;!"k"',;'.r,k. I &,., .,; and also published in the Bozeman Daily Chronicle on July 20, 2003. 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 August 5, 2003. The Planning Board found that the application was properly submitted and reviewed under the procedures of the Bozeman Area Subdivision Regulations and the Bozeman Area Zoning Ordinance. Staff provided a review of 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. The Planning Board then opened the public hearing. There was no comment from the general public. Receiving no response, the Planning Board closed the public hearing. The Planning Board discussed the conditions and agreed that the conditions outlined in the staff report were necessary. The Planning Board then voted on a motion regarding the subdi vision. The motion, to recommend approval of the subdivision with conditions as recommended by Staff, passed on a unanimous vote of 6 in favor and 0 in opposition. TV. The application was considered by the Bozeman City Commission at its regular meeting on August 18, 2003, at which time the recommendation of the Planning Board, presented in Planning Board Resolution #P-03021, and information compiled by City staff was reviewed. V. The application was considered by the Bozeman City Commission and weighed against the review criteria established by Statute, and found as follows: 3 -------.------------ ------ _n_________ ------- . . 1.f'<........~1p:Q~~~,~...~~I._ A) PRIMARY REVIEW CRITERIA 1. Eff'ects on Agriculture. The subject property is currently not used for any agricultural purposes, nor are there any adjacent farm operations. 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. The ability of the Mill Ditch Diversion to transport agricultural water will not be adversely impacted. A portion of the stormwater will be retained in detention ponds prior to being transferred to the Mill Ditch di version. Design and specifications for this have been provided to the Engineering Department. 3. Effects on Local Services. Water/Sewer: Water/Sewer services can be provided by connection to existing main lines located to the west in North Broadway Avenue and to the nOlth in Front Strcct. This infrastructure is a requirement of the previous minor subdivision. Streets: Strcet improvements are a rcquirement of the previous minor subdivision. The Broadway Avenue and Main Street intersection is currently at Level of Service "D". Condition # 26 addresses this issue. 4. Eff'ects on the Natural Environment. Stormwater and drainage have been providcd to the Engineering Department for review. Applicant has entered into an agreement for a Noxious Weed Management Plan with the Gallatin County Wecd Board. 5. Effects on Wildlife and Wildlife Habitat. Due to its historical uses and the development of surrounding lands, no significant adversc effects on wildlife or their habitat have been identified on the property. 6. Effects 011 Puhlic Health and Safety. Because municipal scwer will service development in the subdivision, the threat of groundwater degradation from onsite sewage disposal will be eliminated. There are no known, unmitigated natural or man-made hazards on this property. 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. The subdivider has applied for the necessary relaxations to comply with the Bozeman Subdivision Regulations. Final Plat will comply with the regulations. D) COMPLIANCE WITH THE REQUIRED SUBDIVISION REVIEW PROCESS. 4 . . . ~m5~~~!J!l~I~~'~~!I'.~1 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 July 15, 2003. The proposed project was noticed in the Bozeman Daily Chronicle on July 20, 2003. 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. F) PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEL. Legal and physical access to each parcel is provided from existing and new streets through the subdi vision. ORDER After considering all matters of record presented at the public hearing, the City Commission found that the proposed subdivision would comply with the Bozeman 2020 Community Plan and the requirements of the Bozeman Area Subdivision Regulations, the Montana Subdi vision 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 Villagc Downtown Planned Unit Dcvelopment Major Subdivision, with requested relaxations and concurrent construction, for The Village Investment Group, Inc., c/o Mike Delancy, be approved, subject to the following conditions: Planning Subdivision Specific Conditions: 1. The final plat for the minor subdivision approved by the City Commission on August 5, 2002, shall be recorded prior to building permit application for any more than two townhouses and prior to application for final plat approval of this major subdivision. 2. Applicant shall document satisfaction of park dedication requirements in accordance with Section 16.14.100 of the Bozeman Subdivision Regulations. 0.96 acres of park dedication or 5 . . . cash~in-Iieu is required for 32 residential units. A minimum of a 25' wide linear park along the trail could be dedicated. For any dedicated parkland, a final park plan shall be reviewed and approved by the City Commission prior to installation of any park improvements. 3. Applicant shall be responsible for installing sod, boulevard trees, and an irrigation system in the public right-of-way boulevard strips and medians along all external subdivision streets and adjacent to subdivision parks or other open space areas pursuant to Section 16.14.110 of the Bozeman Subdivision Regulations. 4. All landscaped public rights-of-ways and dedicated parkland shall have an underground irrigation system installed in compliance with City standards and specifications. The applicant shall provide irrigation system as-builts in accordance with Section 16.08.090. 5. A minimum five-foot pedestrian trail (Class II trail) shall be installed along the southeast property line pursuantto Section 16.14.120. 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. 6. Pedestrian pathways shall be provided as connections from the cul-de-sac and the alleys to the trai 1. 7. Prior to final plat approval, a Memorandum of Understanding shall be cntercd into by the Weed Control District and the subdivider for the control of county declared noxious weeds. A signed copy of this Understanding must be provided to the Planning Department. 8. Subdivision lighting shall be incorporated into thc subdivision by one of the following: a) the subdi vider shall install street and pathway lighting throughout thc subdivision pursuant to Section 16.14.230 of the Bozcman Subdivision Regulations. Lighting shall be maintained by means of the Property Owners' Association through Protective Covenants; or b) the subdivider shall participate in a Street Improvement Lighting District (SILD) for the provision of street and pathway lighting pursuant to Section 16.14.230 of the Bozeman Subdivision Regulations. All subdivision lighting provided shall conform to Section 16.14.230 of the Bozeman Subdivision Regulations. A lighting plan including isofootcandle plots and description of the proposed equipment, with details and specifications (cut sheets), bulb type and size, and locations shall be provided with the final plat and subject to review and approval by the Planning Depaltment. The information will enable the proper lighting to be installed and no overlighting of the residential neighborhood. The applicant is encouraged to vary light pole heights to offer a more pedestrian scale. 9. The 20' alleys shall have a minimum of 16 feet asphalt with the remaining area all-weather gravel. The entire 20' shall be maintained and cleared of snow. 10. No parking shall be allowed within the alleys or on the driveways/garage approaches. The applicant shall install signs noting "Fire Lane, No Parking" along both sides of the alleys. The covenants shall prohibit parking in the driveways/garage approaches. 6 . - t"'liliimlli~~".~.I_ ~1'~",,,t,,::/., ".: , : , '," , , , , : , , ' , ",," ~(" ',':" l,' ,,< :< "" '"" ., 11. 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. 12. The applicant shall submit a concurrent construction plan that addresses all aspects of 16.22.030. Concurrent construction shall be limited to the single cluster of two townhouses on the west side 13. 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 property owners' association maintenance of all applicable property owners' association open space, pedestrian facilities and trail, boulevards and medians of public rights-of-way, alleys, and storm water facilities. A draft of these covenants must be submitted for review and approval by the Planning Department prior to filing and recordation with the Gallatin County Clerk and Recorder. 14. Executed wai vers of right to protest creation of Sills for a park maintenance district shall be fi led and of record with the Gallatin County Clerk and Recorder prior to final plat approval. A copy of the filed documents shall be submitted with the final plat. 15. Water rights, or cash-in-lieu thereof, shall be providcd and paid for prior to final plat approval. If the final plat of the subdivision is filed in phases, water rights will only be rcquired for each phase as the final plat for that phase is filed. The amount of watcr rights required wi II be determined by the Director of Public Service based on the proposed final plat(s). Planning Code Provisions: 16. 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 accompanicd 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 four (4) signed reproducible copies on a 3 mil or heavier 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. 17. 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. 18. 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 7 - - 150% of the cost of the remaining improvements Engineering Subdivision Specific Conditions: 19. The routing and collection of the runoff for the alleys must be addressed in the infrastructure plans. 20. No building permits shall be issued prior to substantial completion and City acceptance of the require infrastructure improvements unless approved for concurrent construction by the City Commission. If approved for concurrent construction, all parts of section 16.20.030 shall be complied with. 21. The location of existing water and sewer mains shall be properly depicted. Proposed main extensions shall be noted as proposed. 22. The alley approaches 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 plans. 23. Flood plain: a) A Flood Plain Development Permit must be obtained from the City Engineer prior to any construction activity within the delineated 100 year floodplain. b) The 100 year flood plain boundary and flood elevations must be depicted on the final plat. c) 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. 24. 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. 25. The developer shall make arrangements with the City Engineer's office to provide addresscs for all individual lots in the subdivision prior to filing of the final plat. 26. The property owner shall provide and fi Ie with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of SIDs for the following: a) Any future improvements to the intersection of Broadway and Main Street. The documents filed shall specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternative financing method for completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation ofthe property, traffic contribution from the development or a combination thereof. 8 . . ~ 1(~f~;Tfte':~"""~,~li~"~I~II.I__ 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 effecti ve 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: --f~ 7::: ~ - Steven R. Kirchhoff, Mayor ATTEST: @:,/ ~ Robin L. Sullivan Clerk of the Commission 9