HomeMy WebLinkAbout00- South Meadows Four-Lot Minor Subdivision
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BEFORE THE BOZEMAN CITY COMMISSION
IN THE MA TIER OF THE APPLICA nON OF FINDINGS OF FACT
EUGENE GRAF, III, AND YVONNE JARRETT, AND ORDER
FOR THE ESTATE OF GENEVIEVE S. GRAF FOR
PRELIMINARY PLAT REVIEW OF SOUTH MEADOWS
FOUR-LOT MINOR SUBDIVISION, CITY OF BOZEMAN,
GALLATIN COUNTY, MONTANA
PURSUANT to the Montana Subdivision and Platting Act, Section 76-3-101 through
76-3-614, Montana Codes Annotated, and the Bozeman Area Subdivision Regulations, a public
meeting and public hearing were scheduled, after notice given, before the Bozeman Planning Board
on May 16,2000, and before the Bozeman City Commission on June 5,2000, on the above-entitled
application. The purpose of the public hearing and public meeting was to review the preliminary
subdivision plat application of South Meadows Minor Subdivision, a four-lot minor subdivision, as
submitted by the applicant, together with the required supplementary plans and information, to
determine if the information submitted meets the requirements of the Bozeman Area Subdivision
Regulations and the Montana Subdivision and Platting Act.
It appeared to the City Commission that all parties and the public wishing to appear and
comment before the Bozeman Planning Board 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
I.
The complete application for the preliminary subdivision plat review of South Meadows
Minor Subdivision, a four-lot minor subdivision, was submitted to the Bozeman Planning Office on
March 28,2000. The preliminary subdivision plat, as proposed, will subdivide 97.686 acres ofland
to four (4) single family residential lots. The residential lots will be served by City of Bozeman water
and sanitary sewer services, and will be accessed from the extension of the existing GrafStreet to the
south boundary of the proposed subdivision. No dedicated park land space is required or proposed
with this application.
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II.
Notice of the public meeting before the Bozeman Planning Board and public hearing before
the Bozeman City Commission was published in the Bozeman Daily Chronicle on April 30, 2000, and
the notice was mailed by Certified mail, return receipt requested, to all adjoining property owners.
III
The matter of preliminary subdivision plat review was heard before the Bozeman Planning
Board on May 16, 2000. The Planning Staff reviewed the project at that time and discussed the
engineering staff's recommended conditions regarding right-of-way for Graf Street, pedestrian
circulation, park land requirements, groundwater, installation of sidewalks, and requested variances
to the Bozeman Area Subdivision Regulations. The Planning Staff commented that no public
testimony on this matter had been received as of the public meeting before the Planning Board.
Gene Graf, applicant, discussed the purpose of the existing ditch, access crossing to the east
over Sourdough Creek, trail along Matthew Bird Creek, construction ofGrafStreet, and purpose of
the 4-10t minor. Ray Center, Rocky Mountain Engineers, discussed the status ofthe Sourdough Trail
corridor easement filed at the Clerk and Recorder's Office and the credit given towards additional
park land requirements with future subdivision of the property.
IV.
The public meeting portion on this matter was opened, with five people from the general
public expressing concern with the future South Meadows 100-unit condominium development
proposal on Lot #1, trail proposal along Matthew Bird Creek, potential land use types and urban
density, high ground water table, transportation road system, and relocation of Matthew Bird Creek.
V.
After finding that the Preliminary Plat was properly submitted and reviewed under the
procedures of Section 16.08 of the Bozeman Area Subdivision Regulations and was in accordance
with the Bozeman City Zoning Regulations and Bozeman Area Master Plan, the Planning Board
reviewed and considered the review criteria established in Title 73-3-608, M.C.A., 1993.
The Planning Board considered the recommended conditions prepared by the Planning Staff
and Development Review Committee, and discussed the future trail easement along Matthew Bird
Creek, requested variances to the subdivision regulations, park land requirements, further subdivision
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and development of each lot, installation of public sidewalks with building permits, and timing of
extension of Graf Street to the south property boundary.
VI.
The Planning Board found that with the attached conditions, the subdivision would comply
with the primary review criteria, and therefore voted 7-0 to forward a recommendation of conditional
approval to the Bozeman City Commission in Planning Resolution No. P-0015.
VII.
The matter was considered at a public hearing before the City Commission on Monday, June
5,2000. The Planning Staff reviewed the project at that time and forwarded the Planning Board's
recommendation of conditional approval to the City. Commission.
Gene Graff, III, applicant, stated he was in general agreement with the recommended
conditions of approval, and in response to the City Commission, commented that a traffic impact
analysis was available for consideration by the governing body with the review of the 100-unit
condominium development proposed on Lot #1.
VIII.
The public hearing portion on this matter was opened, with one person from the general
public, Chris Nixon of3025 Langohr Avenue, expressing the community's need for additional trails
along corridors and streams in the area of the proposed subdivision. Mr Nixon commented that with
the proposed subdivision and development of the property some relief to the public pressure on
existing trails could be provided.
IX.
After closing the public hearing portion on this matter the City Commission discussed the
criteria for consideration of the applicant's request for variances to the subdivision regulations, need
for trails, installation of public sidewalks, time period for installing infrastructure improvements, and
executing an improvements agreement with a financial guarantee for subdivision improvements.
X.
The City Commission considered the applicant's request for variances to Section 16.14.040. A,
Section 16.16.01O.A, and Section 16.22.040 of the Bozeman Area Subdivision Regulations, and
weighed the request for variances against the review criteria established by Statute, and found as
follows:
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1. The granting of the variance(s) will not be detrimental to the public health, safety, or
general welfare, or be injurious to other adjoining properties.
2. Because of the particular physical surroundings, shape or topography conditions of
the specific property involved, an undue hardship to the owner would result if strict
interpretation of these Regulations is enforced.
3. The variance(s) will not cause a substantial increase in public costs, and
4. The variance( s) will not, in any manner, place the subdivision in nonconformance with
any adopted zoning regulations or comprehensive plan.
XI.
The City Commission then considered the minutes, public record and recommendation ofthe
Planning Board, the developer's testimony, and weighed the proposed subdivision against the primary
criteria for subdivisions established in Title 76-3-608, and found as follows:
76~3-608.3.b.M.C.A.
(i) - Compliance with survey requirements provided in Part 4 of the Montana
Subdivision and Platting Act.
The proposed minor subdivision appears to have complied with the survey
requirements in Part 4 of the Montana Subdivision and Platting Act based on the
conditions outlined by the D.R.C., and the applicable certificates and dedications of
right-of-way or easements provided on the preliminary plat, and will be filed in the
Gallatin County Clerk & Recorder's Office with Final Plat review and approval by the
City Commission.
(ii) - Compliance with the local subdivision regulations provided for in Part 5 of the
Montana Subdivision and Platting Act.
The proposed minor subdivision is in general compliance with the Bozeman Area
Subdivision Regulations based on the recommended conditions provided by the
Bozeman Development Review Committee.
(Hi) - Compliance with the local subdivision review procedures.
The application generally complies with the subdivision review procedures for a minor
subdivision established in the Bozeman Area Subdivision Regulations. Based on the
recommendation of the D.R.C. and other applicable review agencies, the City
Planning Board held an informational public meeting on May 16, 2000, and forwards
a formal recommendation in a Resolution to the Bozeman City Commission. The City
Commission then considered the application, along with the request for variances to
the subdivision regulations, at their regular scheduled meeting on June 5, 2000.
76-3-608.3.c. M.C.A.
(c) - Provision for easements for the location and installation of any planned utilities.
Appropriate easements and statements of right to joint use of an easement shall be
indicated on the Final Plat, and the appropriate certificate on the plat grants the use
of the easements to the necessary entities. The Final Plat shall contain all required
utility easements along the rear and side yards of each individual lot, unless all utility
agencies provide in writing that said easements are not necessary. The Development
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Review Committee recommended a condition of Preliminary Plat approval that
required the applicant to clearly identifY all thirty (30) foot wide utility easements on
the Final Plat for sewer and water main extensions and sixty (60) foot wide right-of-
way dedication or access easement for the extension of Graf Street to the south. All
new utilities (i.e., electricity, gas, telephone, cable) will be installed underground.
76-3-608.3.d. M.C.A.
(d) - Provisions of legal and physical access to each parcel.
Legal and physical access to this application for Preliminary Plat review will occur
from the extension ofGrafStreet. Each of the four (4) residential lots must have adequate
frontage along an approved public or private street as set forth in the regulatory standards.
XII.
After considering all matters of record presented at the public hearing and meeting, the
Commission found the proposed preliminary plat for South Meadows Minor Subdivision, a four-lot
minor subdivision, will comply with the requirements of the Bozeman Area Subdivision Regulations
and the Montana Subdivision and Platting Act subject to conditions.
ORDER
IT IS HEREBY ORDERED, on a vote of5-0, that the preliminary Subdivision Plat to create
four (4) single family residential lots known as South Meadows Minor Subdivision has been found
to meet the primary criteria of the Montana Subdivision and Platting Act, and is therefore approved,
subject to the conditions listed below. The evidence as stated in the Findings of Fact, justifies the
conditions imposed on the subdivision to ensure that the final plat complies with all regulations that
appropriate and safe vehicular and pedestrian circulation is provided, adequate infrastructure and
public services are provided, and adequate public access, utility easements, and rights-of-way are
provided.
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 ofthis document by the City Commission,
by following the procedures of Section 76-3-625, M.C.A.
Enflineerinfl:
1. Stormwater Master Plan:
A Storm water Master Plan for the subdivision for a system designed to remove solids, silt,
oils, grease and other pollutants from the runofffrom 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
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to the storm water receiving channel. The plan shall include sufficient site grading and
elevation information (particularly for the basin site, drainage ways and finished lot grades),
typical storm water detention/retention basin and discharge structure details, basin sizing
calculations and a storm water maintenance plan.
Any storm water 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.
2. Plans and specifications and a detailed design report for water and sewer main extensions,
storm sewer and the public street, 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
ofthe required infrastructure improvements. The public infrastructure improvements
in Graf Street must be constructed to the southern boundary of this subdivision. The
final plat may be filed with the improvements adjoining lots 3 and 4 being financially
guaranteed pursuant to 16.22.040 of the City code or under terms of a variance granted
by the City Commission. If this is done, a note shall be added to the final plat stating
that no building permits shall be issued for lots 3 and 4 until the public infrastructure
improvement are complete and accepted by the City of Bozeman.
3. All infrastructure improvements including 1) water and sewer main extensions, and 2) public
streets, curb/gutter, sidewalks fronting parks, open 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.
Sidewalks shall be constructed on both sides of the street at the time of the other
infrastructure improvements unless a variance is granted by the City Commission.
4. 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.
5. If the Ditch in Lot 3 is to be relocated:
a. The Montana Fish, Wildlife and Parks shall be contacted by the Applicant regarding
the proposed relocation and any required permits (i.e., 310,404, Turbidity exemption,
etc.) shall be obtained.
b. The AppliCant shall obtain written permission from the Ditch owner for the proposed
relocation.
6. Easements for the water and sewer main extensions shall be a minimum of30 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 easement.
7. Project phasing shall be clearly defined including installation of infrastructure.
Planning:
8. That the Final Plat shall comply with Section 16.10.030 of the Bozeman Area Subdivision
Regulations, and shall include all applicable documents, certificates, and be accompanied by
all appropriate documents, including a Platting Certificate. Two mylar and two clothback
copies of the Final Plat must be submitted for Final Plat approval, along with a digital copy
of the Final Plat, on a double sided, high density 3 1/2" floppy disk.
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9. That the applicant obtain Montana Department of Environmental Quality approval of the
subdivision prior to Final Plat approval pursuant to Section 16.16.101 through 16.16.805
A.R.M..
10. That the applicant provide with the application for Final Plat review and approval a copy of
a signed Memorandum of Understanding with the Gallatin County Weed Control District.
11. A Certificate of Title prepared by a licensed title company shall be submitted with the final
plat application.
12. The final plat shall provide public utility easements along side and rear lots lines as required
by the subdivision regulations. However, in the event front yard easements are used, rear
yard easements must still be provided on the plat unless written confirmation is submitted to
the Planning Office from all utility companies indicating that front yard easements are
adequate. The easement note required in Section 16.14.050 of the subdivision regulations
shall be provided on the final plat.
13. The applicant shall provide with the final plat application a copy of the executed easement for
Sourdough Trail in order to determined the required park land for future subdivision and
development of Lot #2, #3 and #4. A minor subdivision is not required to dedicate park land.
However, a conceptual master plan of the 4-10t minor subdivision shall designate the area
requested by the Parks and Recreation Advisory Board to be reserved for "future" park land
and/or open space. If the easement has not been executed, the trail easement shall be
dedicated to the general public on this plat.
14. Section 16.16.010 of the subdivision regulations require that when a new subdivision adjoins
un-subdivided land susceptible to being subdivided, then streets shall be so arranged so as to
allow the suitable development of adjoining areas. As a result, the minor subdivision must
provide the necessary provisions for the future development of the adjoining property to the
east, unless a variance to the subdivision regulations is granted bv the City Commission.
15. That the applicant execute and file with the final plat a waiver of right- to-protest creation of
a city-wide park maintenance district for maintenance and upkeep of dedicated park land and
trail system(s) for review and approval by the City of Bozeman prior to Final Plat approval.
16. The applicant shall submit a revised conceptual master plan ofthe 4-10t minor subdivision that
depicts the major pedestrian and bikeway circulation systems, as well as major linkage points
between trials, bikeways, sidewalks, streets, adjoining park lands and "future" park lands, for
review and approval by the Planning Office prior to submitting an application for Final Plat
review and approval.
17. The Final Plat shall contain the following notation:
"Prior to further subdivision of Lot #2 and Lot #3 the subdivider shall establish the
location of a 25-foot wide public pedestrian trail easement in the general proximity
of Matthew Bird Creek for review and approval by the Planning Office and Bozeman
Recreation and Parks Advisory Board."
18. That the final plat contain a "No Building" restriction on Lot # 1, Lot #2, #3 and #4 until all
required street and infrastructure improvements, as required by the City of Bozeman, have
been installed, certified, inspected, and accepted by the City of Bozeman.
19. The Final Plat shall delineate a 35-foot stream setback for that portion of Nash Spring Creek
that crosses said minor subdivision.
20. That the final plat contain the following restriction on the land:
"Due to evidence of high ground water in the area of this subdivision residential
dwellings with full basements or partial basements shall not be permitted until an
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Environmental Assessment has been reviewed and approved by the City of Bozeman
to lift said restriction."
21. That the title of this final plat be identified as "South Meadows Minor Subdivision No. _
"
22. The subdivider shall ensure that all construction material and other debris is removed from
the subdivision prior to final plat approval, or prior to release of said financial guarantee, if
an Improvements Agreement is necessary with the final plat.
23. That the developer shall enter into an Improvements Agreement 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 installation
of all improvements, the developer shall supply the City of Bozeman with an acceptable
method of security equal to one hundred fifty (150) percent of the cost of the remaining
improvements and address all applicable contingencies.
24. That the developer shall have three (3) years from the date of Preliminary Plat approval to
complete the conditions of preliminary plat approval and apply for Final Plat approval. At the
end of this period the governing body may, at the written request of the subdivider, extend
its approval for no more than one (1) calendar year, as outlined in Section 16.10.050.1 of the
subdivision regulations.
25. That the applicant submit with the application for Final Plat review and approval of the 4-10t
minor subdivision, a written narrative stating how each ofthe conditions of Preliminary Plat
approval has been satisfactorily addressed.
The preliminary approval of this subdivision shall be effective for three (3) years from the date
of Preliminary Plat approval, June 5,2003. At the end of this period the City Commission may, at
the request ofthe subdivider, extend its approval for not more than one (1) calendar year. However,
preliminary approval may be extended for more than one (1) calendar year if the developer enters
into, and secures, an Improvements Agreement for the Subdivision.
DATED this 18th day of December. 2000.
BOZEMAN CITY COMMISSION
ATTEST: Ma~m~~
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Robin L. Sullivan
Clerk of the Commission
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