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HomeMy WebLinkAbout02- West Glen Subdivision (2) . - I West Glen Major Subdivision Findings of Fact and Order #P-02006 I BEFORE THE BOZEMAN CITY COMMISSION GALLATIN COUNTY, MONTANA IN THE MATTER OF THE APPLICATION OF DENNIS REVISED BALIAN REPRESENTED BY C&H ENGINEERING AND FINDINGS AND SURVEYING,INC. FOR PRELIMINARY OF FACT APPROV AL OF WEST GLEN SUBDIVISION AND ORDER This matter came before the Bozeman City Commission on April 15, 2002, for rcvicw 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 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 prcliminary 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: ---.---.----.-- - IWestGlen Major Subdivision Findings of Fact and Order #P-02006 I 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 zoned R-2 (Residential Single-Family, Medium Density) and R-3A (Residential Two-Family, Medium Density District). The applicant did rcquest 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 rccordation by the lot owner, regardless of whether other improvements have been made upon the lot. The property is situated in the S Yz, NWth of Section 11, T2S, R5E, PMM, City of Bozeman, Gallatin County, 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 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. -2- - IWest Glen Major Subdivi$j'tln Findings of Fact and Order #P-02006 I The Bozeman Planning Board considered the application at its rcgular meeting on March 19, 2002. The Planning Board found that the application was properly submitted and reviewed under the procedures of the Bozeman Area Subdi vision Regulations and the Bozeman Area 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 and agreed to the conditions presented in the Staff Report with minor modification to condition #18. The Planning Board then opened the public hearing. Thcrc 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 sizc of the proposed park; Receiving no further response, 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 ofthe subdivision with conditions as recommendcd by Staff and the requested variance with the following modifications, changes, and/or inclusions: Modify condition # 18 to read, "No new direct access from individual lots in the subdivision 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. -3- . IWesfGI~nMajorSubdivision Fihdings\offact and Order #:P~02006 I 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: 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., passed on a unanimous vote of 5 in favor and 0 in opposition"; 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 .4. , . l\\ff:st Wen Major Subdivision Findings ofF act ani:f0fder #P-02006 I 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", passed on a unanimous vote of 5 in favor and 0 in opposition. IV. The application was considered by the Bozeman City Commission at its regular meeting on April 15, 2002, at which time the recommendation ofthe Planning Board and information compilcd by City staff was reviewed. V. The application was considered by the Bozcman City Commission and weighed against the review criteria establishcd by Statute, and found as follows: A) PRIMAR Y REVIEW CRITERIA 1. Effects on Agriculture. The subdivision of this property shall remove approximately 18.71 acres in agricultural production. There arc no agricultural lands adjacent to the subject property. 2. E.ffects on Agricultural Water User Facilities. There is an existing irrigation ditch, which flows north through subject property. The 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 -5- IWestGlen Major Subdivision Findings of Fact and Order #P-02006 I 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 of this major subdivision. The design and approval of water and sewcr facilities is addressed in conditions #24 and #33. Strects: Street improvements, including city standard sidewalks are addressed in conditions #4 and #28. 4. Effects on the Natural Environment. Stormwater and drainage will be addrcssed through condition #22. Applicant has entered into an agreement for a Noxious Weed Management Plan with the Gallatin County Weed Board. 5. Effects on Wildl~fe and Wildlife Habitat. Due to its historically agricultural use and the development of sunounding lands, no significant advcrse effects on wildlife or thcir habitat have been identified on the property. 6. E..'ffects 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). -6- , I West Glen Major Subdivision Findings of Fact[U1Q()rder #P-02006 I 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 thc 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 requircd in the Subdivision Regulations. The notice was mailed to all adjoining property owners by certified mail on March 1,2002, and the notice was published in the Bozeman Daily Chronicle on March 10, 2002. 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. B PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEL. Legal and physical access to each parccl is provided from existing streets through the subdivision. .7- IWest Glell Major Subdivision Findings of Fact and Order #P-02006 I ORDER After considering all matters of record presented at the public hearing, thc City Commission found that the proposed subdivision and requested variance would comply with the Bozeman 2020 Community Plan and the requirements ofthe Bozeman Area Subdivision Regulations, the Montana Subdivision and Platting Act, and the Bozeman Zoning Ordinance, if certain conditions were imposed. Thc 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 thc following conditions: Planning Subdivision Specific Conditions: 1. The parkland dcdication of 1.9 acres shall be met by thc following: . The applicant shall dedicate .75 acres as parkland. The park shall be centrally located within the middle block of the subdi vision and bordcred on the north and south sides with a city standard sidewalk. . The remaining acreage required with this subdivision, 1.15 acres, shall be met by the cash-in-lieu amount in the value of the unsubdividcd, unimproved land after annexation into the city limits and with new city zoning designation. The amount of the cash-in-lieu amount shall be stated on the Final Plat. It shall be the responsibility of thc subdivider to provide an appraisal of the fair market value by a certified real estate appraiser of their choosing. The appraisal fee shall be the responsibility of the subdivider. Applicant shall reverify the parkland dedication and cash-in-lieu amount prior to Final Plat, subject to review and approval by the Director of Planning and Community Development. Prior to the filing of thc Final Plat, the applicant shall submit a master plan for the open spacc and park areas contained within the subdivision that defines the major .8. . IWestGlen MajorSubdivisionFindings of FactatldOrller #P-02006 I uses of the open space and park areas and a plan for orderly development and prcservation of these areas. This master plan shall include a long-term maintenance plan and maintenance schedule for any mowing, fertilization, irrigation, weed control, and snow removal. Any proposed improvemcnts to thc park shall be subject to review and approval by the Director of Facilities and Public Lands and City Commission. It shall be the responsibility of the subdivision Homeowner's Association to maintain the park until such time that a City-wide Parks Maintenance District has been formed. Such language shall be contained within the Covenants. To the extent possible under thc law, available cash-in-Iieu funds will be used and/or earmarked for improvements to the subject park in accordance with a duly adopted park plan as noted above. 2. Applicant shall provide a IS-foot pedestrian access, extending east/west through the mid-block of the subdivision (near Lots SA, 5B, and Lot 18) in order to provide easier pedestrian access throughout the subdivision, with location subject to review and approval by the Department of Planning and Community Development staff. Said IS-foot pedestrian access shall be improved with a 5~foot concrete sidewalk and shall be planted with drought resistant grass in the remaining 10 feet of this pedestrian access. The pedestrian access shall be maintained by the subdivision Homeowner's Association and the covenants shall contain such language. 3. A twenty-five (25) foot comer side or front yard setback shall be provided on all arterials designated on the Bozeman master plan. 4. Applicant shall provide a 60-foot right-of-way from proposcd Meriwether A venue to connect with the existing 60-foot light-of-way between Lots 7 and 8 of the Pleasant Valley Subdivision No.1 on Valley Drive. If the right-of-way is vacated by the County plior to completion of the street improvements serving the west area of the subdivision, the right-of-way does not have to be provided. If the County only vacates a portion ofthc right-of-way, leaving a portion for pedestrian access, prior to completion of the street improvements serving the west area of the subdivision, thc 6-foot right-of-way shall be reduced to match the width of the remaining right-of-way, and the developer shall install a minimum 5-foot sidewalk from the sidewalk on Meriwether Avenue to the west propeliy line of the subdivision, and shall plant drought resistant grass in the remaining right-of-way. If the right-of-way is not vacated, the street shall be -9- . I w est (Jl~IlMaior Subdivision Findings of FaGtllJJ.d Order #f'"020()6 I constructed to the same standard as Meriwether A venue, including sidewalk on both sides, to the property line of the subdi vision. 5. Prior to filing the Final Plat, the applicant shall reconfirm or verify with the County GIS Department, County Road and Bridge Department, and City Engineer that all proposed names are acceptable in order to avoid duplication of names countywide, which may occur between preliminary approval of subdivision phase and filing of Final Plat. 6. Water rights, or cash-in-lieu thereof, shall be provided and paid for prior to final plat approval. If the Final Plat ofthe subdi vision 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 Plates). 7. Thc Final Plat shall note the front, sidc, rear, and comer side yard setbacks for all residential lots, which shall be subject to setback requirements effective at time of lot development. 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. 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 Scction 18.50.035 of the Bozeman Zoning Ordinance. Dctails and specifications (cut sheets), including bulb typc and size, and locations shall be provided with the Final Plat and subject to review and approval by the Planning and Engineering Departments. In addition to current city standards, all outdoor lighting, residential, commercial or otherwise, shall be free of glare, and shall bc fully shielded or shall be indirect lighting. No direct lighting shall be emitted beyond a property's lot line. No ranch lights or unshiclded lights shall be permitted. No mercury vapor lights shall be permittcd. Alley lights shall be fully shielded lights and controlled by motion detectors. Covenants of the development shall reflect these restrictions. For purposes -10- . - . IWest Glen Major Subdivision Findingsof.FilctaIld Order #P-02006 I of this paragraph, the following definitions shall apply: a) Fully shielded lights: Outdoor light fixtures shielded or constmcted 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. 10. Applicant shall provide a soils report to the Building Division, recommending types of foundations. If development shall occur in phases, the soils repOli may address those lots within the proposed phase. 11. Public park land may not be used for storm water detention or retention ponds. 12. The Anncxation Agreement, including Waivers and Public Street Easements, and Ordinance shall be formally executed and filed with the County Clerk and Recorder's Office prior to filing of the Pinal Plat. 13. Within the Covenants, Article VIll- Architectural Controls, Section 5 - maximum ridge height shall be noted accordingly to applicable zoning ordinance restrictions for R-2 and R-3A. 14. If, in the course of the proposed development any historical sites, bones, artifacts, etc., arc 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 Pinal Plat submittal. Engineering Subdivision Specific Conditions: 15. The applicant is advised that the subject property is in both the SID 621 (sewer) and SID 622 (water) payback areas. The required paybacks to these districts must be made prior to issuance of any building permits. 16. Any easements needed for the water and sewer main extensions shall be a minimum of 30 feet in width. All necessary easements documents shall be provided prior to plan and specification approval. Wherever water and/or sewer mains are not located under or accessed from improved streets, a 12 foot wide all weather access drive shall be constmcted above the utilities to provide necessary access. If only one utility is to -11- . . . IWest Glen Major Subdivision Findings of Fac;;tartd Order #Pc02006 I be installed, the easement may be 20 feet wide with the utility centered in the easement. 17. Any public street rights-of-way for which easements have been provided (i.e. West Babcock Street) shall be dedicated to the City on the Final Plat for this subdivision. 18. No new direct access from individual lots in the subdivision to West Babcock Street will be approved. Planning Code Provisions: 19. 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 conected 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. 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 thc 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: 22. A Stormwater Management 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 plan must depict the retention/detention basin locations, and locate and provide eascments for adequate drainage ways within the subdivision to transport runoff to -12- . . IWest Glen Major SubdivisionFinding$'9(F'aCL~d Order #P-02006 I the stormwater receiving channel. Storm water receiving channels shall be clearly identified for all ponds. The plan shall include sufficient site grading and elevation information (particularly for the basin sites, drainage ways, and lot finished grades), typical stormwater retention/detention basin and discharge structure details, basin sizing calculations, and a stormwater maintenance plan. Any stormwater ponds located within park or open space and utilized by this development shall be designed, constructed and/or added to so as to be conducive to the n01mal use and maintenance of the park or open space. Storm water ponds shall not be located on private lots. Detailed review of the final grading and drainage plan and approval by the City Engineer will be required as part of the infrastructure plan and specification review process. 23. Any necessary stormwater easements shall be provided prior to plan and specification approval. 24. The Developer's engineer shall prcpare a comprehensive Design Report evaluating existing capacity of water and sewer utilities. The Report must include hydraulic evaluations of each utility for both existing and post-development dcmands. The report findings must demonstrate adequate capacity to serve the full dcvelopment. If adequate water and/or sewer capacity is not available for full development, the report must identify necessary water and sewer system improvements required for full development. The developer shall be responsible to complete the necessary system improvements to serve the full development. 25. The location of and distinction between existing and proposed sewer and water mains and all casements shall be clearly and accurately depicted, as well as all nearby fire hydrants and proposed fire hydrants. 26. All water main extensions in excess of 500 feet long shall be fully looped. 27. Any existing residences on the property must be connected to City Water and sewer utilities and the existing on-site treatment systems properly abandoned at the time of development. 28. City Standard curb, gutter and sidewalk shall be provided along all streets in the subdivision. Per Chapter 16.14.040 of the subdivision regulations sidewalks will be -13- . ;. I West Glen Major Subdivision Findings of Fact and Qrder . #P-02006 I installed at the time of the construction of the street improvements unless a variance is approved by the City Commission. 29. Street cut permits will be required for West Babcock Street. 30. Applicant will be responsible for installation of all required street signs, including stop signs at the intersections of West Mendenhall and William A venue and West Babcock Street and Meriwether Avenue. 31. The configuration and location of mailboxes for this development must be coordinated with and approved by the City Engineering Department. 32. Impacts on the existing water distribution and wastewater collection systems must be provided. 33. The Water/Sewer Department will review engineered plans and profile submittals when they are provided. 34. Language within the Covenants shall be modified to strike out conifers as an acceptable front yard tree and add one large canopy tree instead. 35. 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. 36. The east/west 15' open space area shall be labeled as a linear park on thc 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. 37. Applicant shall install traffic calming devices at the ends of the linear park where they intersect with the interior streets, subject to rcview and approval by the City Enginccring Department. 38. An Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all sidcwalks within the subdivision within a three~ year period. The developer shall supply the City of Bozeman with an acceptable method of security equal to 150% of the cost of these remaining sidewalk improvements. 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 -14- . . .. I West Glen lVla\ot Sublliivisi on Findings offact and Order #P-02006 I 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 12th day of Nav. , 2002. BOZEMAN CITY COMMISSION BYA-"1(~ Steven R. Kirchhoff, Mayor (dZ.J ~ Robin L. Sullivan Clerk of the Commission -15-