HomeMy WebLinkAbout00- Roger Rosalind Smith of Annie Subdivision, Phase 3
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BEFORE THE BOZEMAN CITY COMMISSION
GALLA TIN COUNTY, MONTANA
IN THE MATTER OF THE APPLICATION OF ROGER FINDINGS
AND ROSALIND SMITH, REPRESENTED BY DENNIS OF FACT
FOREMAN, GASTON ENGINEERING AND SURVEYING AND ORDER
FOR PRELIMINARY APPROVAL OF ANNIE SUBDIVISION,
PHASE ID.
This matter came before the Bozeman City Commission on October 2, 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 subdivision consisting of thirty-three single-family lots and twelve
multi-family lots as submitted in its original form on July 31,2000, P-0032. 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:
FINDINGS OF FACT
I.
On July 31, 2000, Roger and Rosalind Smith represented by Dennis Foreman of Gaston
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Engineering and Surveying, submitted an application for approval to create Annie Subdivision, Phase
III, a major subdivision dividing 16.35 acres into thirty-three (33) single family lots and twelve (12)
lots for multi-family units. The property is located in the SEll4 of Section 2, T2S, R5E, PMM, City
of Bozeman, Gallatin County, Montana. The subject property is zoned R-3 (Residential Medium
Density District). The applicant did request a partial waiver from the Environmental Assessment and
Community Impact Statement requirements as this information was provided in detail as part of the
original Annie Subdivision Master Plan.
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 August 18,2000. 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 September
19, 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.
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The Planning Board then opened the public hearing. There were seven comments from the
general public regarding the location of the multi-family units within the subdivision, increased traffic
on North 25th Avenue, and safety of the children in the area; Receiving no further response, the
Planning Board closed the public hearing.
The Planning Board agreed that the multi-family lots # 13-# 16 should be redesigned as single-
family lots; that the open space access strips should be increased to a width of fifteen (15) feet; that
the 20-foot public access easement should be extended south through Phase IV to connect with
Durston Road; that the multi-family lots #2-#4 should be redesigned to allow for single-family or
duplex construction only and be an extension of Daffodil Street to the east; and that a Special
Improvements District (SID) for Durston Road improvements from 19th Avenue west to at least 27th
Avenue shall have been created and bonds sold prior to the filing of the final plat for Phase II.
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 7 in favor and 0 in opposition.
IV.
The application was considered by the Bozeman City Commission at its regular meeting on
October 2, 2000, at which time the recommendation ofthe 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
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agricultural land. There are only structures located on Lot 1 which is the current home of the
applicant and is intended to remain as such. 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. Water rights wilI be
calculated and paid for prior to filing the final plat for each phase as addressed in condition #30.
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 #12 through #14 and #18. No
building permits wilI be approved prior to completion and City acceptance of said improvements.
PolicelFire: 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 ofthe subdivision as stated
in condition #6. In addition, residents shall be encouraged to form a Neighborhood Watch program
with the assistance of the Police Department.
Streets: The traffic analysis was conducted and submitted with this application and satisfies
the traffic study obligations for this subdivision. 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 #16, #17, #22, #23, and #26.
Utilities: Appropriate easements, if necessary, will be obtained and depicted on the final plat
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as address in condition #21.
4. Effects on the Natural Environment.
The proposed project will take vacant land and place it as residential use which will be in
accordance with the designation of the Bozeman Area Master Plan. Weeds will be controlled in
accordance with an approved Weed Control Plan (condition #27).
5. Effects on Wildlife and Wildlife Habitat.
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 with the open space provided and trail easement along the eastern boundary near the
ditch/creek.
6. Effects on Public Health and Safety.
Because the development will be serviced by municipal sewer, the threat of groundwater
degradation from on site 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.
III 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.
Q COMPLIANCE WITH THE BOZEMAN SUBDIVISION REGULATIONS.
With conditions, the final plat will comply with the regulations.
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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 August 16, 2000, and the notice was published in the Bozeman
Daily Chronicle on August 20, 2000.
E) PROVISION OF EASEMENTS FOR THE LOCATION AND INST ALLATION OF ANY
PLANNED UTILITIES.
All utilities and necessary utility easements will be provided and depicted on the plat per
condition #21.
El 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 #2), 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 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.
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THEREFORE, IT IS HEREBY ORDERED that the Preliminary Subdivision Plat of Annie
Subdivision, Phase III for Roger and Rosalind Smith, be approved, subject to the foIlowing
conditions:
GENERAL:
1. The final plat shall provide a joint access easement between Lots 25 and 26, and
either Lots 27 and 28 or Lots 28 and 29. The access easement shall be situated on
the common lot line of the lots, shall be a minimum of 24-feet wide, and shall be
designed to provide ample space for shared access to the affected lots.
2. A no access strip will be required on the Durston frontage of Lot #2 and must be
shown on the final plat.
3. The final plat shaIl have a note containing the restriction that the 33 single-family lots
be designated to remain as single family for future development.
4. The existing ditch crossing multi-family Lot #2 that is intended to be relocated must
be shown on the final plat and noted that it is to remain in order to provide the
continued irrigation for the trees along the eastern boundary of the property.
5. The common open space access strips shall be increased to a width of 15 feet and be
overlaid with a public access easement. This area shall contain a city standard
sidewalk installed. Provisions within the covenants shall provide for the care and
maintenance of this area which will ensure usability for the homeowners and general
public.
6. Street lighting shall be incorporated into the subdivision by one of the following:
applicant shall install adequate street lighting throughout the subdivision. Lighting
shall be maintained by means of the Homeowners Association; or applicant shall
participate in a Street Lighting District which will provide the necessary lighting in
accordance with national safety standards. All lighting provided shall conform to
Section 18.50.035 of the Bozeman Zoning Ordinance. Details and specifications,
including bulb type and size, and locations shall be provided with the final plat and
subject to review and approval by the Planning and Engineering Departments.
7. A declaration of covenants for Annie Subdivision, Phase III must be included and
recorded with the Final Plat which specificaIly 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.
8. 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,
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and all required and corrected certificates. The Final Plat application shall include two
(2) signed c1othback(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.
9. 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.
10. 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.
11. The plans and specifications for the project infrastructure, including all phasing 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 unless a variance is granted
as requested, and related storm drainage infrastructure improvements shall be
constructed or financially guaranteed prior to final plat approval.
No building permits will be issued prior to completion and City of Bozeman
acceptance of said infrastructure improvements.
Water/Sewer Conditions:
12. Residential Lot #1 of Phase III (to be corrected to Phase IV) must have sanitary and
domestic water provided prior to filing the final plat for that phase. In addition, the
septic system must be abandoned. Any existing water wells may remain for irrigation
purposes only.
13. Water/Sewer Department will review engineered plans and specifications when they
are provided.
14. 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.
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No building permits shall be issued prior to substantial completion and City
acceptance of all required public infrastructure improvements.
Stormwater/Drainage Conditions:
15. A Stormwater Master Plan for the subdivision for a system designed to remove solids,
silt, oils, grease and other pollutants from the runoff from the private and public
streets and all lots must be provided to and approved by the City Engineer.
The master plan must depict the maximum sized retention basin location, show
location of and provide easements for adequate drainage ways within the subdivision
to transport runoff to the stormwater receiving channel. The plan shall include
sufficient site grading and elevation information (particularly for the basin site,
drainage ways and finished lot grades), typical stormwater detention/retention basin
and discharge structure details, basin sizing calculations and a stormwater
maintenance plan.
Any stormwater ponds located within a park or open space shall be designed and
constructed to be conducive to the normal use and maintenance of the open space.
Stormwater ponds for runoff generated by the subdivision (e.g., general lot runoff,
public or private streets, common open space, parks, etc.) shall not be located on
easements within privately owned lots.
While the runofffrom the individual lots will be dependent on the intensity of use on
each lot, the maximum sizing of the storm retention facilities for each lot will be
established based on maximum site development. Final facility sizing may be
reviewed and reduced during design review of the final site plan for each lot.
The stormwater plan as shown is not acceptable, as only a small portion of the
runoff generated by the subdivision is being detained. The plan must be revised
to collect and detain the runoff that is being discharged onto North 25th.
16. Plans and specifications. and a detailed design report for water and sewer main
extensions, storm sewer and the public street (including curb, gutter, asphalt, and
sidewalk), prepared by a Professional Engineer, shall be provided to and approved by
the City Engineer and the Montana Department of Environmental Quality. The
Applicant shall also provide Professional Engineering services for construction
inspection, post-construction certification, and preparation of mylar record drawings.
Construction shall not be initiated on the public infrastructure improvements
until the plans and specifications have been approved and a pre-construction
conference has been conducted.
No building permits shall be issued prior to substantial completion and City
acceptance of the required infrastructure improvements.
17. All infrastructure improvements including 1) water and sewer main extensions and
all service stubs, and 2) public streets, curb/gutter, sidewalks fronting parks, open
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space, rear yard frontages or other non-lot frontages, and related storm drainage
infrastructure improvements shall. be financially guaranteed or constructed prior to
Final Plat approval.
City standard residential sidewalks shall be constructed on all public street frontages
of a property at the time the street is constructed unless a variance is requested and
granted by the City Commission.
No building permits shall be issued prior to substantial completion and City
acceptance of the required infrastructure improvements.
18. The location of existing water and sewer mains shall be properly depicted. Proposed
main extensions shall be noted as proposed.
19. 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 final plat approval.
20. Ditch relocation: The Applicant shall obtain written permission from the Ditch owner
for the relocation or proposed abandonment.
21. Easements for the water and sewermain extensions shall be a minimum of30 feet in
width, with the utility located in the center ofthe easement. In no case shall the utility
be less than 10 feet from the edge of easement.
22. Project phasing shall be clearly defined including installation of infrastructure.
23. Applicant shall provide and file with the County Clerk and Recorder's office an
executed Waiver of Right to Protest Creation of SID for:
a. Street improvements including paving, curb/gutter, sidewalk and storm drainage
facilities for Durston Road.
The document 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 alternate
financing method 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
24. Prior to final plat approval, the landowner shall sign and file with the County Clerk
and Recorder's Office a Waiver of Right to Protest the Creation ofa City-wide Park
Maintenance District which will provide a mechanism for the fair and equitable
assessment of maintenance costs for city parks.
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25. The subject property is located within the Far West SID #621 payback district for
sewer services. It is also within the HRDC payback district that was created in 1995
when HRDC extended the 10" water main. Applicant shall provide the appropriate
payments in accordance with standard procedures established by the City Engineering
and Finance Departments, for each payback area prior to filing the final plat for each
phase.
Miscellaneous Conditions:
26. A signed copy of a Weed Control Plan, approved by the County Weed Control
Officer, for the subdivision, including all areas of common open space, shall be
submitted to the Planning Office prior to Final Plat approval.
27. Applicant shall provide adequate signage for the Emily Dickinson school zone area,
with signs such as "School Crossing" or "15 MPH". All signs and locations shall be
reviewed and approved by the City of Bozeman Streets Division and the City
Engineering Department.
28. Applicant shall provide a 20-foot public access easement along the eastern boundary
of the property within the open space. This easement shall be shown on the final plat.
Covenants for Annie Subdivision, Phase III shall provide for the care and maintenance
of the homeowners association open space, including the 20-foot public access
easement area.
29. Water rights, or cash-in-lieu thereof, shall be provided and paid for prior to final plat
approval. Ifthe final plat of the subdivision 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).
30. Applicant shall extend the 20 foot public access easement south through proposed
Phase IV to Durston Road. An easement agreement must be provided and filed with
the County Clerk and Recorder's Office with the initial filing of the final Plat for
Phase 1. A copy of the agreement shall be provided to the Planning Office with final
plat submittals.
31. Multi-family lots #2, #3, and #4 shall be redesigned to allow Daffodil Street to be
extended to the property line of Phase IV. Lots created shall allow for single family
or duplex development only and front onto said street. No lots may access onto
Durston Road or North 25th Avenue. Provisions shall be made for the future extension
of Daffodil Street to the east to end in a cui-sac or continue north to link with Rogers
Way upon approval by the Director of Public Service, City Engineering, and
Water/Sewer Superintendent.
32. Lots #13-#16 of Phase III will be redesigned to allow for 6 single family lots to better
reflect the surrounding single family neighborhood.
33. A Special Improvements District (SID) for Durston Road improvements from 19th
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Avenue west to at least 27th Avenue shall have been created and bonds sold prior to
the filing of the final plat for Phase II with the applicant petitioning the City for said
SID.
34. Construction of City' standard residential sidewalks fronting private lots on Roger's
Way and Rose Avenue need not be completed prior to issuance of building permits
for the adjoining lots. However, construction of said sidewalks must be completed
prior to occupancy of any structure on the subject lots. Upon the third anniversary of
the plat recordation of any phase of the subdivision, any lot owner who has not
constructed said sidewalks shall, wi~hout further notice, construct within 30 days said
sidewalk for their lot( s), regardless of whether other improvements have been made
upon the lot. This condition shall be included on the plat and in the covenants for the
subdivision.
35. City standard sidewalks shall be installed along the entire length of North 25th Avenue
on the east side from Durston Road to Annie Street prior to filing the final plat for
Phase I.
36. Single family, duplex or multi-family lots fronting onto Annie Street shall utilize
shared driveways to the maximum extent possible. Joint access easements shall be
depicted on the final plat and subject to review and approval by the Director of Public
Service.
37. Two curb bulbs shall be installed within North 25th Avenue at the northwest and
northeast c,omers of the intersection of said street and Annie Street with the design
and installation subject to the review and approval by the Director of Public Service
and Engineering Department.
38. Prior to filing the final plat, the applicant must bring back for review and approval by
the City Commission, a preliminary redesign of the project involving the scattering of
the 20 proposed multi-family units throughout the subdivision. The scattered units
may be in the form of duplex, tri-plex or four-plex structures.
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.
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DATED this 6th day of November 2000.
BOZEMAN CITY COMMISSION
By Ma?::;;:g~atJ:;;
ATTEST: APPROVED AS TO FORM:
(?d:- ;I ~
Robin L. Sullivan
Clerk of the Commission
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