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HomeMy WebLinkAbout00- Ferguson Meadows Subdivison ~ ~ . BEFORE THE BOZEMAN CITY COMMISSION GALLATIN COUNTY, MONT ANA IN THE MATTER OF THE APPLICATION OF FLUIDYNE FINDINGS OF FACT FOR FERGUSON MEADOWS SUBDIVISION, ON BEHALF AND ORDER THE VECTOR GROUP LLC. 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 Area Master Plan, and Bozeman Zoning Ordinance, the Bozeman City Commission reviewed the proposed Preliminary Subdivision Plat for a 107 lot major subdivision as submitted in its original form by the applicant on February 1, 2000, with the required supplementary plans and information provided on February 1, 2000; February 25, 2000; March 8, 2000; and Mareh 15, 2000, File #P-0004, to determine if the information submitted meets the requirements of the Bozeman Area Subdivision Regulations and the Montana Subdivision and Platting Act, and in addition, to listen to public testimony concerning the application. It appeared to the Bozeman City Commission that all parties wishing to appear and comment were given the opportunity to do so, and as the City Commission was fully advised of all matters having come before it regarding this application, makes the following Findings of Fact, as required: FINDINGS OF FACT 1. The application submitted by Fluidyne for approval to create Ferguson Meadows, a major subdivision dividing 37.796 acres, owned by The Vector Group LLC, into 106 lots for single family residential development and I lot for condominium development on property being a traet of land shown on C.O.S. #1610, located in the NEY.t of Section 10, T.2S, R.5E, PMM, City of Bozeman, Gallatin County, Montana, was made on February 1, 2000. The subject property has been annexed into the corporate city limits, with the northern 34.466 acres zoned "R-2" (Residential Single Family, Medium Density) and the southern 3.33 aeres zoned "R-3" (Residential Medium Density). Alllots in the subdivision are for residential purposes and other uses as allowed by the applieable zoning regulations. The applicant did not request waivers from the Environmental Assessment and Community Impact Statement requirements or variances from regulations. 1 *- ~ . II. The comments ofthe Development Review Committee and various reviewing agencies, along with those of Planning & Community Development Staff, were incorporated into a Staff Report, including suggested conditions of approval, which was provided to the Bozeman Planning Board for consideration at its March 7, 2000, regular meeting. III. The Bozeman Planning Board considered the application at its regular meeting on March 7, 2000. The Planning Board found that the application was properly submitted and reviewed under the procedures ofthe Bozeman Area Subdivision Regulations and the Bozeman Area Zoning Ordinance. Staff reviewed written public comment expressing concern regarding traffic impacts, wildlife habitat, and loss of open space. Staff reviewed the Staff Report and reviewed the findings which justified the conditions, noting especially conditions # 1, #2 and # 16 through #23 which address the State Historie Preservation Offices' recommendation for a cultural resource survey of the site as there has been none, and parkland and street improvements. During the review by the City Engineering Department it was determined that due to poor Levels of Serviee on the interseetion of North 19th A venue/ Durston Road, traffic signal improvements for that intersection must be fully operational prior to issuance of any building permits in the subdivision. The applicants made a presentation in favor of the requested subdivision, and agreed to all recommended conditions ofapproval. The applicants discussed the findings of its wildlife consultant which concluded that what was thought to be the presence ofblack-tailed prairie dogs by a member ofthe publie was likely the Richardson's ground squirrel, a species found in high numbers in the area. The applicants also indicated that they had retained an archeologist to eonduct a survey of the site to evaluate any historic and cultural features. The Planning Board then opened the public hearing. One member of the publie voiced concern regarding the number of housing units approved for development in the northwest quadrant of the City, heavy traffie in the area, and infrastrueture not keeping up with development. Another asked that the lot sizes be inereased to match the adjaeent Valley Unit Subdivision lots to the east. Another sought clarification on access to the subdivision. Following a call for additional public input and receiving no response, the Planning Board closed the public hearing. Two members ofthe Planning Board expressed concerns regarding traffic impacts on West Babcock Street. One member ofthe Planning Board expressed concern regarding the proposed street 2 i .. . widths, traffic safety and emergency vehicle response times and discussed the need for: 1) shielded interior street lighting and for the intersection lighting recommended in eondition #22 to be shielded, 2) boulevard trees to be installed along Ferguson Avenue and maintained by the developer; and 3) bicycle lanes to be incorporated into the designs for Ferguson Avenue, Durston Road, and West Babcock Street improvements. The Planning Board formulated changes to conditions listed in the Staff Report which addressed these concerns, and forwarded recommendations to the Bozeman City Commission that bicycle lanes be incorporated into the eventual design improvements proposed for Ferguson Avenue, West Babcock Street, and Durston Road, and that the Commission move with haste to improve traffic conditions along West Babcock Street. The Planning Board then voted on a motion regarding the subdivision. The motion, to recommend approval of the subdivision with changes as discussed to conditions #2, #3, and #22, passed on a vote of 4 for and 3 in opposition. IV. The application was considered by the Bozeman City Commission at its regular meeting on March 20, 2000, at which time the recommendation of the Planning Board was reviewed by the Planning & Community Development Department Staff, as well as recent findings provided by the applicants' consulted areheologist which conclude there are no eultural resources on the subject property that would be adversely affeeted by the development. The Bozeman City Commission considered changes recommended by the City Attorney to condition #23 which requires the traffic signal improvements for North 19lh A venue/Durston Road to be fully operational prior to the issuance of building permits in the subdivision. The Bozeman City Commission considered testimony from two members of the public, a real estate agent and a loan officer, in relation to the a need for affordable housing within the city limits. V. The application was considered by the Bozeman City Commission and weighed against the review criteria established by Statute, and found as follows: A) PRIMARY REVIEW CRITERIA 1. Effects on Agriculture. The development of this subdivision will remove land that has been used for hay from use. There are no struetures on the site. The community adopted master plan determined that the most appropriate use for the property, once infrastructure is available, is for residential uses at urban densities. 2. Effects on Agricultural Water User Facilities. 3 i . liEiiiifiil.l1~i:~iltl~jfi!l.ii:!~f:Eil:!e(fii.l:ii::i""i'ii i:'::i:"iii~ii~ i!iiii!';:iii:'i:ii:iiiiii:i:::: Ii!!:!!!!::::!:!!!!! <":;riii'iii!~nDi:;li!1 The stream/ditch along Ferguson Road is not used to convey irrigation water, and its relocation outside ofthe right-of-way for Ferguson Road should not impact flows. However, the stream/ditch is used as a blow-off for the Farmer's Canal and, therefore, should be sized accordingly. The irrigation ditch at the northeast corner of the property emerges from a concrete pipe and flows north to a culvert and passes under Durston Road. The applicant has worked with the one water right owner and has agreed to place the ditch within a continuation of the piping across Durston Road north to the place of use. Appropriate manholes for cleaning and maintenance are proposed. These changes will require the applicant to obtain any necessary permits as well as written permission from the ditch owner(s). Conditions whieh address the ditches are #10, #11, #12, #18, #25 and #26. 3. Effects on Local Services. Water/Sewer: Water and sewer services can be provided by extensions of and conneetions to existing main lines, and general capacity limitations for water and sewer facilities are not antieipated by the Engineering Department staff as a result of the project. The design and approval of water and sewer facilities is addressed in recommended conditions # 13 through #15. The Valley West Subdivision developers who installed the 12" water main in Durston Road are attempting to create a payback district or SID to finanee the improvements. Should they succeed in creating a district, this development will be required to contribute to it on a fair share proportionate basis as provided in condition #15. Water mains are required to be looped with each phase of the development. No building permits will be approved prior to substantial completion and City acceptance of said improvements. Police/Fire: The development of the property will increase the likelihood of emergency serviees being required, and response times may vary. The Assistant Chief of Poliee has expressed concern over the Police Department's ability to provide adequate patrol coverage in light limitations of manpower and the ongoing development. Interseetion and interior street lighting and provisions for sidewalks as recommended necessary publie safety features are addressed in conditions #3, #17, and #22. Streets: The traffic analysis has been reviewed by Engineering Department staff and a need for supplemental traffic data was indicated during the DRC review. Having reviewed the supplemental traffic data, engineering staffhas not identified improvements beyond conditions # 16 through #23. The supplemental analysis indicates that Durston Road (west ofN orth 19th) and Babcock Street (west of Main Street) operate at Level ofServiee (LOS) "D" during the peak hour. Chapter 16.l8.050.D. 7 ofthe Bozeman Subdivision Regulations establishes LOS "C" as the design objeetive, and that under no circumstances will less than a LOS "D" be accepted. The need for improvements on both Durston and Babcock have long been recognized, and developments have been approved with similar LOS. The City Commission has recently directed engineering staff to retain a firm to appraise the value of right-of-way necessary for Babcock as the first step in the condemnation process. Adequate right-of-way for Durston Road will be provided with the subject proposal, as well as SID waivers for improvements to Durston Road, Babcock Street, and Ferguson Avenue. Sidewalks will be required along Durston Road and along Ferguson Avenue with each phase of the development. The applicant has been advised of the possibility that a paybaek district may be ereated for improvements to Ferguson Road. Utilities: Appropriate easements will be obtained. Montana Power Company (MPC) and US West requested no additional specific conditions be imposed upon the project at this time. However, due to the recent deregulation of power services, there may be changes from standard MPC policies which could delay the availability of utilities equipment for the development. 4. Effects on the Natural Environment. Natural Resource Conservation Service (NRCS) data suggests the presence of Turner Loam, a soil type that is neither hydric nor eontains hydric inclusions. It is characterized as being well- to moderately well-drained and having moderate infiltration. Field studies have indicated a seasonal high groundwater depth ranging from 3 to 6 feet, and the applicant has indicated there will be plat notes which indicate adequate construction precautions should be taken. Applications have been submitted to the Natural Resource Conservation Service for a 310 permit to relocate the stream/ditch and to the Army Corps of Engineers for a 404 4 ; . . permit to address the disturbance ofthe stream. Conditions #25 and #26 will ensure review by other agencies having jurisdiction. Covenants will address maintenance of storm water facilities and noxious weeds as provided for in condition #3. Weeds will be controlled in accordance with an approved Weed Control Plan (condition #4). 5. Effects on Wildlife and Wildlife Habitat. Comments provided from Fish, Wildlife and Parks express general displeasure regarding the relocation of streams to accommodate street layouts; however, aeknowledge that the proposed stream! diteh relocation, which includes specific measures to enhance the stream and aquatic community, should preserve the health of the watercourse by avoiding runoff containing sedimentation and pollution from the Ferguson A venue right-of-way. The 310 and 404 permit will require the watercourse to meander, specific species ofplantings, and a small channel ineised in the bottom to provide enough water depth to sustain aquatic species. Concerns expressed regarding the potential presence of black-tailed prairie dogs on the property were addressed by the applicants' wildlife consultant whieh found no reliable observations of prairie dogs or any evidenee of prairie dog aetivity on the site. 6. Effects on Public Health and Safety. Because the development will be serviced by municipal sewer, the threat of groundwater degradation from onsite sewage disposal will be eliminated. Traffic safety concerns should be ameliorated through mitigating conditions placed on the subdivision, and through ongoing efforts to improve the vicinity transportation system. As per conditions, no building permits will be issued until infrastructure (water, sewer, streets, sidewalks) improvements have been completed and accepted for each phase or prior to the signal at the intersection of Durston RoadINorth 19th Avenue being operational. ill COMPLIANCE WITH SURVEY REQUIREMENTS PROVIDED FOR IN PART 4 OF THE MONT ANA SUBDIVISION AND PLATTING ACT. The subdivision complies or will comply with survey requirements of the Act. g COMPLIANCE WITH THE BOZEMAN SUBDIVISION REGULA nONS. 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 February 17, 2000, and the notice was published in the Bozeman Daily Chronicle on February 20, 2000. ill 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 plat per condition #24. B PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEL. Legal and physical access to eaeh parcel will be provided, and limited by appropriate no access strips (condition # 19), from existing streets, and from a dedicated City standard streets proposed through the subdivision. VI. Following the public hearing held on March 20, 2000, the Bozeman City Commission concluded that the proposed subdivision eomplies with the Bozeman Area Master Plan, Bozeman Area Subdivision Regulations, and the Bozeman Zoning Ordinance, if certain conditions were imposed. ORDER 5 . . li~ltRllit:ri..i!!~~1,Iji~jl,:\~ininl:!I!llii:fiI:.li!!:!!i!i:"::"'i1i!@!ii::ii!?!'?'!;!!,i!!'!::::i::'i':!'!i:::i;!!!!i!i:!i~~li:::::L,:::1 IT IS HEREBY ORDERED that the Preliminary Subdivision Plat of Ferguson Meadows Subdivision for The Vector Group LLC be therefore approved, subject to the following conditions: GENERAL: 1. As recommended by the State Historical Preservation Office (SHPO), a professional reconnaissance survey of the site shall be conducted by a qualified archeologist. The results of said survey must be provided to both the Planning Department and SHPO, and the subdivider shall provide a written statement outlining any reeommendations ofSHPO and any plans for inventory, study, and/or preservation and any mitigation planned to overcome any adverse impacts, prior to the submittal of any infrastructure plans and specifications for Engineering Department review. 2. The applicant shall sign and reeord with the County Clerk and Recorder's office an exeeuted Waiver of Right to Protest Creation ofSpeeial Improvements Districts (SID) for a city-wide Park Maintenance District. The document recorded shall specifY that in the event an SID is not utilized for parks maintenance, the developer agrees to participate in an alternate financing method for the maintenance on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development or a eombination thereof. A detailed master plan for the public park, street frontage trees along Ferguson Avenue (minimum I per 50 linear feet), and trail corridors, which indicates the proposed uses, landscaping, irrigation, maintenance plan, phasing and type of improvements must be provided to and approved by the Parks Division, and submitted to the Planning Department as part of the final plat application. All improvements andmaintenanee must be to City standards. The covenants must reflect that the homeowners association shall maintain the tot lot, park corridor, street frontage trees along Ferguson Avenue, and sidewalks within and adjoining the park areas. 3. A property owners association shall be established and covenants recorded with the Final Plat which specifically include the provisions from Seetion 16.34.030, as well as provisions for owners association maintenance of the of all applicable open space, interior street lighting, street frontage trees along Ferguson Avenue, parks areas, park area landscaping, park area pedestrian facilities, perimeter fencing, and storm water facilities. 4. 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. 5. The Final Plat shall conform to all requirements ofthe 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 reeeived, a platting certificate, and all required and corrected certifieates. The Final Plat application shall include two (2) signed clothbaek (or equivalent) copies; two (2) signed reproducible eopies on a stable base polyester film (or equivalent); two (2) digital eopies on a double-sided, high density 3-1/2" floppy disk; and five (5) paper prints. 6. 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 submittal letter of request for the extension of the period to the Planning Director for the City Commission's's eonsideration. 7. If it is the developer's intent to file the plat prior to the eompletion of all required improvements (with the exception of water and sewer infrastrueture), 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 seeurity equal to 150% of the cost of the remaining improvements. 6 . 8. The plans and specifications for the project infrastructure must be adequately dimensioned and clearly indicate the extent of all improvements proposed for each phase. The plans must clearly show the loeation of and distinetion between existing and proposed sewer/water mains and easements, as well as nearby and proposed fire hydrants. All infrastructure improvements required for each phase ofthe development including water and sewer main extensions, public streets, curb and gutter, sidewalks and related storm drainage infrastructure improvements shall be constructed or financially guaranteed prior to final plat approval for each phase. . No building permits within any phase of development will be issued prior to completion and City of Bozeman acceptance of said infrastructure improvements for that phase. STORMWATER: 9. The Stormwater Drainage, Treatment and Grading Plan submitted must be approved by the City Engineer. Detailed review ofthe stormwater plan will be part ofthe infrastructure plan and specification review process. All stormwater improvements needed for each phase of the development must be construeted or financially guaranteed prior to filing the final plat for that phase. No building permits in a given phase will be issued until the stonnwater improvements are eonstructed and approved. 10. Stormwater generated by the proposed subdivision which discharges to a privately owned diteh must have the written permission of the ditch owner. 11. The applicant shall provide evidence of written permission from the existing ditch owners for any ditch that is to be abandoned prior to approval of the infrastructure plans ands speeifications. 12. Ditch reloeation: a. The Montana Department of Fish, Wildlife and Parks shall be contacted by the Applicant regarding the proposed ditch/stream relocation and any required permits (i.e., 310,404, Turbidity exemption, etc.) shall be obtained prior to approval of plans and specifications or construction of the intended work. b. Easements for the ditch and certification of ditch capaeity shall be provided per Section 16.14.050 of the Bozeman Subdivision Regulations. c. A 35' minimum building setbaek from either side ofthe water course high water mark shall be delineated on the final plat. The setback must account for any ehannel meandering. WATER AND SEWER: 13. Plans, Specifications and a comprehensive utilities design report for water and sewer main extensions, prepared and signed by a Professional Engineer (PE) registered in the State of Montana shall be provided to and approved by the City Engineer. Water and sewer plans shall also be approved by the Montana Department of Environmental Quality. The applicant shall also provide Professional Engineering serviees for Construetion 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 preconstruction conference has been conducted. No building permits shall be issued prior to substantial completion and City acceptance of all required public infrastructure improvements. 14. An occupancy or encroachment permit may be required by Gallatin County for location of water and sewer mains within the right-of-way. 15. Water mains shall be fully looped with each phase of development. The applicant is also advised that at the time of this writing, the installers of the 12 inch water main in Durston Road adjaeent to this development are attempting to create a payback district or an SID to fmance that improvement. Should either of those two options eome into being, this development will be required to contribute to it on a fair share proportionate basis. STREETS. CURB/GUTTER AND SIDEWALKS: 7 . - . 16. The applicant shaUprovide and record with the County Clerk and Reeorder's Office executed Waivers of Right to Protest Creation of Special Improvements Districts (and Rural Improvements Districts where appropriate) for the following improvements: a. Street improvements to West Babcock Street including paving, curb and gutter, sidewalk and storm drainage facilities. b. Street improvements to Durston Road including paving, curb and gutter, sidewalk and storm drainage facilities. c. Ferguson Avenue City standard improvements including paving, curb and gutter, sidewalk and storm drainage faeilities. The document filed shall specify that in the event an SID/RID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method (such as a paybaek district) for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof 17. Subdivision streets shall be constructed to a full City standard, i.e., 37 feet from back of curb to back ofeurb as part of the subdivision improvements. Pursuant to Seetion 16.14.040 of the Bozeman Subdivision Regulations, sidewalks along all subdivision streets shall be installed at the time ofthe installation ofthe street improvements, unless a variance is granted by the City Commission.. Sidewalks along Ferguson Avenue and Durston Road will be installed and accepted or fmancially guaranteed prior to the filing ofthe final plat for the adjacent phase. No building permits will be issued prior to completion and City of Bozeman acceptance of the sidewalk adjacent to that phase. Plans and specifications for the public streets required for each phase of the development, including curb, gutter, sidewalk and related storm drainage infrastructure improvements, prepared by a Professional Engineer (P.E.) registered in the state of Montana shall be provided to and approved by the City Engineer prior to initiation of construction. Stop signs and street names will be required and reviewed with the plans and specifications. The applicant shall also provide Professional Engineering services for eonstruction inspection, post-construction certification and preparation ofmylar reeord drawings. Construction shall not be initiated on the public street until the plans and specifications have been approved by the City Engineer and a pre-construction conferenee has been eonducted. While the plat may be filed ifthe required infrastructure improvements are financially guaranteed, no building permits shall be issued prior to substantial completion and City acceptance of the required street, curb and gutter, sidewalk and stormwater infrastructure improvements for each phase. 18. The applicant shall dedicate to the City one-half of a 100 foot right-of-way (50 feet) located on the subject property for Ferguson Avenue, one-half of a 90 foot right-of-way (45 feet) located on the subject property for Durston Road and one-half of a 90 foot right-of-way (45 feet) located on the subjeet property for West Babcock Street. The existing ditch along Ferguson Avenue must be relocated outside of the right-of-way. 19. No direct access from individual lots to either Ferguson Avenue, West Babcock Street or Durston Road will be permitted. One foot wide no aeeess strips shall be depicted on the final plat. 20. A detailed Traffie Study Report prepared by a qualified Traffic Engineer registered in the State of Montana shall be provided to and approved by the City Engineer. The Report shall address existing and projeeted traffic volumes on all internal and perimeter streets and level of service evaluations for Durston Road and West Babcock Street. The analysis must demonstrate that the levels of service specified in 16.18.050.D.7 are met. The report shall 8 l ------- . . . . . include recommendations for any off-site roadway improvements necessary to raise the levels of service to that required. 21. The intersections of Durston Road with Sanders and Mineral Avenues shall be constructed with 45 foot radii per the County Road Department. Any encroachment permits required by the County for streets or other infrastrueture shall be obtained prior to initiation of construction. Evidence of the necessary permits shall be provided at the pre-construction meeting. 22. Shielded luminaries (street intersection lights) will be required at the intersections of Durst on Road and Ferguson Avenue and West Babcock Street and Ferguson Avenue. Aninterior street lighting system, utilizing cut-off shields, shall be installed which meet safety requirements of the Police Chief and the Director of Public Service. 23. The traffie signal improvements for Durston Road/N orth 19th A venue must be fully operational prior to issuance of any building permits in this subdivision. UTILITY EASEMENTS: 24. Easements for the water and sewer main extensions shall be a minimum ono' in width, with the utility located in the center of the easement. In no ease shall the utility be less than 10' from the edge of the easement. Utility easements must be provided on the plan in the proper locations as provided in Section 16.14.050.B. All required easements shall be provided prior to final plat approval. MISCELLANEOUS: 25. If construction activities related to the project result in the disturbance of more than 5 acres of natural ground, an erosion/sediment control plan may be required. The Montana Department of Environmental Quality shall be contacted by the applicant to determine if a S tormwater Discharge Permit is neeessary. If a permit is required by the State, the Developer shall demonstrate to the City full permit compliance. 26. The Montana Department of 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, ete.) shall be obtained prior to final plat approval. 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 this document by the City Commission, by following the procedures of Section 76-3-625, M.C.A. DATED this 17th day of Apri 1 , 2000. BOZEMAN CITY COMMISSION By: ~r3~ Mareia B. Youngman, ayor (7~oI JA~ Robin L. Sullivan Clerk of the Commission 9