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HomeMy WebLinkAbout00- Carter Williams of Westfield South, Phase 3 , . , . WestfieldSouth,Phase III MajorSubdivision Findings of Factand. Order #P-0022 BEFORE THE BOZEMAN CITY COMMISSION GALLATIN COUNTY, MONTANA IN THE MATTER OF THE APPLICATION OF CARTER FINDINGS WILLIAMS ET AL., REPRESENTED BY CLAIR DAINES, OF FACT C/O THOMAS, DEAN & HOSKINS, INC., FOR AND ORDER PRELIMINARY APPROVAL OF WESTFIELD SOUTH, PHASE III MAJOR SUBDIVISION. This matter came before the Bozeman City Commission on June 19,2000, 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 Area Master Plan, and Bozeman Zoning Ordinance. The applicant presented to the Commission a proposed Preliminary Subdivision Plat for a sixty-three lot major subdivision as submitted in its original form on April 20, 2000, P-0022. 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 environmental assessment and 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: > , . Westfield South,PhaseIIlMajor Subdivision FindingsofFactand Order #P-0022 FINDINGS OF FACT I. On April 20, 2000, Carter Williams et al. represented by Clair Daines, c/o Thomas, Dean & Hoskins Inc., submitted an application for approval to create Westfield South, Phase III Subdivision, a major subdivision dividing 24.22 acres into fifty-nine (59) residential lots and four (4) lots as Homeowners' Association Open Space. The property is located in the SEY4 of Section 24 and the NE 1/4 of Section 25, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana. The subject property is zoned R-l (Residential Single Family, Low Density District). The applicant did request a waiver from the Environmental Assessment and Community Impact Statement requirements as this information was provided in detail as part of the original Westfield Park Subdivision. 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 June 4, 2000. Said notice also served to inform interested persons that materials were available for review at the Bozeman Planning & Community Development Department. -2- , . . Westfield South, PhaseUIMajorSubdivision EindingsofFactandOrder #P -0022 The Bozeman Planning Board considered the application at its regular meeting on June 6, 2000. 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 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 most conditions presented in the Staff Report. Applicant had some concern over conditions #8, #11 and #20 regarding installation of sidewalks. Upon further discussion, applicant agreed that financially guaranteeing the sidewalk installation would alleviate their concerns. The Planning Board then opened the public hearing. There were two comments from the general public regarding the interior subdivision street lighting and the glare that the adjacent homeowners receive from those type of lights; the other comment was regarding fire service from Sourdough County Fire Department and the specific issue did not pertain to this subdivision application. Receiving no further response, the Planning Board closed the public hearing. The Planning Board agreed that the interior street lights within the subdivision should meet the current Zoning Ordinance which has the illumination in a downward direction and the bulb shielded. The Planning Board then voted on a motion regarding the subdivision. The motion, to recommend approval of the subdivision with conditions as recommended by Staff, passed on a unanimous vote of 8 in favor and 0 in opposition. -3- ------- . . Westfield South,PhaselIIMajorSl.lbdivision Findings of Fact and Order #P-Q(122 IV. The application was considered by the Bozeman City Commission at its regular meeting on May 1,2000, at which time the recommendation of the Planning Board 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: A) PRIMARY REVIEW CRITERIA 1. Effects on Agriculture. The development of this subdivision will remove land that has been historically used as a sod farm and more recently, as vacant land. There are no structures on site. The community adopted master plan determined that the most appropriate use for the property is for residential uses at urban densities. 2. Effects on Agricultural Water User Facilities. There are no agricultural water uses on the proposed subdivision. Per annexation agreement and Westfield Park IV, water rights will be calculated and paid for prior to filing the final plat for each phase as addressed in condition #12. -4- Westfield South,PhllseUI Major Subdivision Findings of Fact and. Order #P-0022 3. Effects on Local Services. Water/Sewer: Water and sewer services can be provided by extensions of and connections to existing main lines, and general capacity limitations for water and sewer facilities are not anticipated 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 #10, #11, and #13. No building permits will be approved prior to completion and City acceptance of said improvements. Police/Fire: The development of the property may increase the likelihood of emergency services being required. Response times vary. The Assistant Chief of Police has expressed concern over the Police Department's ability to provide adequate patrol coverage in light of all the ongoing development, and recommends that street lighting become an integral part of the subdivision. Pursuant to the Westfield South Homeowners' Association covenants, Article VII, Section 5, each homeowner will be required to provide one street light per lot according to specifications outlined in the covenants as provided in condition #1 and exhibit A. Streets: The traffic analysis was conducted and submitted in January 1995 and should satisfy the traffic study obligations for this subdivision. The homeowners will be required to enter into a joint agreement with the Homeowners Association of Sourdough Creek Subdivision -5- , . Westfield South,PhaselIlMajor SubdivistonFindings of Fact and Order #P-0022 (RID 326), for the joint maintenance of Wagon Wheel Road as addressed in condition #17. The applicant sham provide and file with the County Clerk and Recorder's office, executed Waivers of Right to Protest Creation of future Rural Improvement Districts (RIDs). All infrastructure improvements including: water and sewer main extensions, and public streets, curb/gutter, sidewalks, and related storm drainage infrastructure improvements, shall be constructed or financially guaranteed prior to Final Plat approval. These related items are addressed in conditions #18 and #19. 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 impact the development. 4. Effects on the Natural Environment. Field studies have indicated a seasonal high groundwater depth. Adequate construction precautions should be taken. The applicant must provide a site specific soils analysis including building foundation recommendations prior to issuance of any building permits as addressed in condition #28. Weeds will be controlled in accordance with an approved Weed Control Plan (condition #27). -6- Westfield South,Phllse HI Major Subdivision Findings of Fact and Order #P-0022 5. Effects on Wildlife and Wildlife Habitat. While comments have been solicited from Fish, Wildlife and Parks by the planning staff, there has been no response to date. Due to its historically agricultural use and the development of adjacent properties, there is likely little species diversification. The Recreation and Parks Advisory Board are generally supportive of the project (exhibit B). 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, sidewalk) improvements have been completed and accepted. 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. With conditions, the final plat will comply with the regulations. -7- . . Westfield South, Phase HIMajorSl.lbdivision Findings of Fact.and Order D) 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 May 22, 2000, and the notice was published in the Bozeman Daily Chronicle on June 4, 2000. 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 plat per condition #26. F) PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEL. Legal and physical access to each parcel will be provided, and limited by appropriate no access strips (condition #22), from existing streets, and from dedicated City standard streets proposed through the subdivision. 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 Area Master Plan and the requirements of the Bozeman Area Subdivision Regulations, the Montana Subdivision and Platting Act, and the Bozeman Zoning Ordinance, if certain conditions were imposed. The evidence, as -8- . . , . WestfieldSCluth,PhaseIIIMajoJ Subdivision Findings of Fact and Order #P-0022 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 Westfield South, Phase III Subdivision for Carter Williams et aI., be approved, subject to the following conditions: GENERAL: 1. Luminaries (street lights) shall be required to conform to Bozeman Zoning Ordinance, Section 18.50.035 (A), whereas "any lighting shall be arranged so as to deflect light down and/or away from any adjoining properties and shall not detract from driver visibility on adjacent streets. Luminaries and lenses shall not protrude below the edge of the light fixture." 2. Open space shall be labeled as "private open space" on the final plat. 3. Applicant must provide a pedestrian crossing at South 3rd Avenue and Blackwood Drive with required striping and signage. All plans and specifications must be approved by City Engineer prior to filing the Final Plat. 4. A declaration of covenants for Westfield South Subdivision, Phase In 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, relevant parks areas, park area landscaping, park area pedestrian facilities, perimeter fencing, and storm water facilities. 5. 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 corrected 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 3-112" floppy disk; and five (5) paper prints. -9- . . Westfield South,PhaseIUMajor Subdivision FindingsofFact and Order 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 submit a letter of request for the extension of the period to the Planning Director for the City Commission's's consideration. 7. 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. 8. The plans and specifications for the project infrastructure must be adequately dimensioned and clearly indicate the extent of all improvements proposed. All infrastructure improvements required of the development including water and sewer main extensions, public streets, sidewalks and related storm drainage infrastructure improvements shall be constructed or financiall y guaranteed prior to final plat approval. No building permits will be issued prior to completion and City of Bozeman acceptance of said infrastructure im provements. STORMW A TER/DRAINAGE: 9. The Stormwater Drainage, Treatment and Grading Plan submitted must be approved by the City Engineer. Detailed review of the stormwater plan will be part of the infrastructure plan and specification review process. The plan must depict the maximum sized retention/detention basin location, and locate and provide easements for adequate drainage ways within the subdivision to transport runoff to the stormwater receiving channel. 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 storm water maintenance plan. All storm water improvements needed for the development must be constructed prior to filing the final plat. No building permits will be issued until the stormwater improvements are constructed and approved. Any storm water ponds located within park or open space shall be designed and constructed so as to be conducive to the normal use and maintenance of the park or open space. -10- . WestfieldSouth,PhaseIIJ Major Subdivision .Findings of Fact and OrdeJ #P-(J(122 W A TER/SEWER:I 10. Some adjustments in the utility master plan will be required relating to infrastructure design for water and sanitary sewer. 11. Plans, specifications and a comprehensive utilities design report for water and sanitary sewer services, prepared and signed by a Professional Engineer (PE) registered in the State of Montana shall be provided to and approved by the City of Bozeman Water/Sewer Department and 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 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 preconstruction conference has been conducted. No building permits shall be issued prior to substantial completion and City acceptance of all required public infrastructure improvements. 12. Water rights for this phase of the Westfield South subdivision must be paid prior to the filing of the final plat. 13. The location of existing water and sewer mains shall be properly depicted. Proposed main extensions shall be noted on Final Plat documents as required by the Director Public Service. STREETS. CURB/GUTTER. AND SIDEWALKS: 14. The street names, Blackwood Drive and Normandy Drive must be changed. All road names for interior roads must be approved by the County Road & Bridge Department and City Engineer to eliminate duplication of name countywide. 15. STOP signs will be required at all intersections with county maintained roads. 16. All necessary encroachment permits must be obtained from the County road office prior to filing the final plat. A copy of these permits shall be submitted to the Planning Office. 17. The final plat shall contain a note which indicates that Rural Improvement District (R.I.D.) 326 has been created for the maintenance of Wagon Wheel Road which may require financial participation from certain property owners of Westfield South, Phase Ill. 18. The applicant shall provide and file with the County Clerk and Recorder's office, executed Waivers of Right to Protest Creation of future Rural Improvement Districts (RIDs). -11- , c . . . .. Westfield South, Phase HIMajorSl.lbdivision Findings ol'Fact and Order #PcOO22 19. All infrastructure improvements including: water and sewer main extensions, and public streets, curb/gutter, sidewalks, and related storm drainage infrastructure improvements, shall be constructed or financially guaranteed prior to Final Plat approval. 20. City standard residential sidewalks shall be constructed on all public street frontages at the time street improvements are installed unless a variance is granted by the City Commission to defer the construction of the sidewalks until the houses are constructed on the lots. If a variance is requested, staff recommends that a minimum, the sidewalks fronting all open or common space, all ADA facilities and the sidewalk adjacent to Wagon Wheel Road be constructed at the time of other required infrastructure improvements. 21. The developer shall confirm the right-of-way on South 3rd Avenue is accurate as shown on the preliminary plat; and if it is not, the appropriate right-of-way dedication shall be made to achieve the 65 foot right-of~way from the 1116 Section Line to the property boundary, as shown on the preliminary plat. 22. The final plat shall contain a note which prohibits direct access of lots onto South 3rd Avenue. 23. Project phasing shall be clearly defined on the Final Plat. 24. Applicant must submit a quitclaim deed for the intended South 3rd Avenue Right-of-Way to the Planning Office prior to Final Plat approval. UTILITY EASEMENTS: 25. Utility easements must be shown on the final plat in the proper locations as provided in Section 16.14.050.8. 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 the easement. All required easements shall be provided prior to final plat approval. MISCELLANEOUS: 26. A signed copy of a Weed Control Plan, approved by the County Weed Control Officer, for the subdivision, shall be submitted to the Planning Office prior to Final Plat approval. 27. Applicant must provide a copy of a site specific soils analysis including building foundation recommendations from a Montana registered engineer to the Building Division prior to issuance of any building permits. -12- . -,- . .' WestfhHdSouth,PhllseIII Major Subdivision Findings of Fact andOJdeJ #P-0022 ADDITIONAL CONDITIONS REQUIRED BY CITY COMMISSION: 28. Proposed Stratford Drive shall be redesigned to be a cul-de-sac and meet all city standards for utilities and water and sewer. 29. During construction of the infrastructure for the subdivision, mechanical or electrical devices which create a loud, raucous, or pulsating sound shall not be operated between the hours of 9:00 p.m. and 7:00 a.m. of the following day if the noise emanating from the device(s) unreasonably interferes with the health, comfort, safety or welfare of any inhabited dwelling unit in the surrounding area. Vehicles and equipment utilized to clear snow are exempted from this condition. 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 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 Nineteenth day of June, 2000. BOZEMAN CITY COMMISSION By: ~(j~ Marcia B. Youngman, Mayor ATTEST: ~JJ~ Robin L. Sullivan Clerk of the Commission -13-