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HomeMy WebLinkAbout01- Cattail Creek Subdivision, Phase I , . . . BEFORE THE BOZEMAN CITY COMMISSION IN THE MATTER OF THE APPLICATION OF FINDINGS OF FACT SANDAN, L.L.C., FOR PRELIMINARY PLAT REVIEW AND ORDER OF CATTAIL CREEK SUBDIVISION, PHASE I, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA 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, a public meeting and public hearing were scheduled, after notice given, beforc thc Bozeman Planning Board on October 3, 2000, and before the Bozeman City Commission on November 6,2000, on the above-entitled application. The applicant presented to the City Commission a proposed preliminary subdivision plat for thirty-eight (38) lots, a mixed-use major subdivision, togcthcr with the requircd supplementary plans and information. The purpose of the public hearing was to consider all relevant evidence relating to public health, safety, and welfare, including the required environmental assessment and recommendation of the Planning Board, to determine whether thc plat should be approved, conditionally approved, or disapproved. It appeared to thc City Commission that all parties and the public wishing to appear and comment were given the opportunity to do so, and therefore, being fully adviscd of all matters having come before it regarding this application, the City Commission makes the [allowing Findings of Fact, as required: FINDINGS OF FACT I. The complete application for the preliminary subdivision plat review of Cattail Creek Subdivision, Phase I, a mixed-use major subdivision, was submitted to the Bozcman Planning Office on August 15, 2000. The applicant granted an extension to the 60-day rcview period for Cattail Creek Subdivision. Phase I - FindiDl!S of Fact and Order 1 I . this preliminary plat application until the regular scheduled meeting of the City Commission on Monday, Novembcr 6, 2000. The preliminary subdivision plat, as proposed, will subdivide 60.650 acres of land into nineteen (19) multi-family residential lots and nineteen (19) commercial! industrial lots. The residential and commerciallindustriallots will be served by City of Bozeman water and sanitary sewer services, and will be accessed by public streets with the cxtension of Catron Street and the construction of Cattail Drive and North 2ih Avenue. Approximately 9.464 acres of parkland will be dedicated to the general public with this application. II. Notice of the public hearing before the Bozeman City Commission was published in the Bozeman Daily Chronicle on October 15, 2000, and the notice was posted at the site and mailed by Certified mail, return receipt requested, to all adjoining property owners. III. The matter of preliminary subdivision plat review was heard by the Bozeman Planning Board on October 3, 2000. The Planning Staff reviewed the project at that time and discussed the recommended conditions of the Development Review Committee, including the traffic analysis study and street improvement standards, homeowner's association covenants and restrictions, maintenance of parklands, storm water detention ponds, temporary interior street barricades, and redesign of subdivision lots. The Planning Staff reported that no public testimony on this matter had been received as of the public meeting before the Planning Board. Dave Crawford of TD&H, Inc., representing the applicant, Sandan L.L.C., discussed the extension of Deadman's Gulch, intersection of Catron Street and Valley Center Road East, Montana Department of Transportation approval, and necessary improvements to the North 19(h Cattail Creek Subdivision. Phase 1- Findinl!s of Fact and Order 2 I Avenue interchange. The applicant's representative expressed disagreement with condition #14 regarding improvements to Baxter Lane, proposed alternative street improvements to those required in condition #12, and expressed concern with condition #5 regarding park land improvements. The applicant's representative also expressed concern of the potential impact on this subdivision regarding the implementation of "Smart Growth" policies and concepts into the design ofthe mixed-use major subdivision. IV. The public meeting portion on this matter was opened, and after three calls for public comment, and after receiving none, the public portion of the meeting was closed. V. After finding that the Preliminary Plat was properly submitted and reviewed under the procedures of the Bozeman Area Subdivision Regulations, the Bozeman City Zoning Regulations, and the Bozeman Area Master Plan, the Planning Board reviewed and considered the facts against the criteria established in Title 76-3-608, M.C.A., 1999. The Planning Board considered the recommended conditions prepared by the Planning Staff and Development Review Committee, and discussed issues relating to "Smart Growth" policies preferred by the City Commission. VI. The Planning Board found that with the attached conditions, the subdivision would comply with the primary review criteria, and therefore voted 6-0 to forward a recommendation of conditional approval to the Bozeman City Commission in Planning Resolution No. P-0035 with revisions to condition #5 to clarify the required park land improvements, the addition of a statement, "unless deemed unnecessary by the Director of Public Service" to condition #15, the Cattail Creek Subdivision. Phase I - Findine:s of Fact and Order 3 I . . elimination of Baxter Lane from condition #14, and modification of the covenants to reflect public dedication of parkland and standard City policy for parklands. VII. The matter was considered at a public hearing beforc thc City Commission on Monday, November 6, 2000. The Planning Staff reviewed the project at that time and forwarded the Planning Board's recommendation of conditional approval to the City Commission. Dave Crawford of TD&H, Inc., applicant's representative, stated his concurrence with the staff report as presented. However, the representative questioned the necd for a waivcr of right-to-protcst creation for S.LD. 's for Baxter Lane in condition #11. VIII. The public hearing portion on this matter was opened, and after three calls for public testimony, and receiving none, the public portion on this preliminary plat application was closed. IX. After closing the public hearing portion on this matter the City Commission discussed the potential of necessary waivers for the creation of future special improvement districts regarding boulcvard trees and boulevard lights. X. The City Commission then considered the minutes, public record and recommendation of the 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: 76-3-608.3.3, M.C.A. 1) EFFECTS ON AGRICULTURE: Historically, the subject property has been used for agricultural purposes with the majority of the 60+ acre parcel used for cultivating crops or pasture. The Soil Potential Cattail Creek Subdivision. Phase I - Findinl!s of Fact and Order 4 I Maps identify the site as being good producing soils for agricultural activity and a viable farm unit. As a result, 61+ acres of good producing agricultural land will be eliminated from agricultural activity based on the Soil Maps. The applicant has commented that because of the limited size of the present farming activity and low value crops, that the land is not considered a viable fann unit. However, the applicant's argument to develop the property may also be the result of the land owner recognizing the amount of urban growth in this area and the wish to market the property for a variety of land use types other than agricultural. 2) EFFECTS ON LOCAL SERVICES: As stated earlier, the applicant is requesting to annex the property to the corporate limits of the City of Bozeman, and ultimately develop at urban densities by accessing municipal infrastructure for sanitary sewer and domestic water service, as well as obtain emergency services for police and fire protection. The cost of extending infrastructure to the property will be the sole responsibility of the developer, unless over sizing of water and/or sanitary sewer main capacities is requested by the City. In such cases, the City of Bozeman will participate in the over sizing of infrastructure. The Waste Water Facilities Plan identifies the construction of a 27-inch sewer trunk main just north of the proposed subdivision, which will be necessary with the development of this property. The extension and interior looping of the City of Bozeman water distribution system for domestic and fire protection services will also be required for the mixed-use development. Prior to installation of municipal infrastructure, plans and specifications for the main extensions must be provided for review and approval by the City Engineer's Office and Montana Department of Environmental Quality. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements. The applicant's narrative comments that no offsite improvements are currently planned with Cattail Creek Subdivision. However, the extension of Deadman's Gulch from North 19th A venue will be required if the street is to serve as one of two principle accesses. Signalization at the intersection of Deadman's Gulch and North 19th A venue may also be necessary, contingent on the findings of the Montana Department of Transportation prior to the applicant applying for Pinal Plat review and approval. 3) EFFECTS ON NATURAL ENVIRONMENT No significant physical or topographical features, exclusive of the creek and associated wetlands, have been identified on Phase I of Cattail Creek Subdivision. The watercourse has been "tagged" by the Recreation and Parks Advisory Board as a public linear open space corridor through the development of Cattail Creek Subdivision, which involves landscape, landscape features, berms and construction of a public trail/bike path. Cattail Creek Subdivision. Phase J ~ Findinl!s of Fact and Order 5 I . Detention/retention ponds to receive storm water runoff from the local streets have been designed to be located in the public stream corridor and will be established as part of a storm water runoff maintenance plan. Caution must be taken during the construction of the detention/retention ponds by implementing design measures that will eliminate any potential impacts to the watercourse, wetlands or the public park arcas. In addition, provisions should be implemented in the protcctive covenants and restrictions for the subdivision that eliminates any potential storm water drainage swales in the required yard setbacks of the individual lots unless they are piped underground. Provisions have already been included in the applicant's submittal to address the control of noxious weeds, agricultural fencing and the maintenance of park land/open space. 4) EFFECTS ON WILDLIFE AND WILDLIFE HABITAT Because the area in question was historically used for cultivating agricultural crops prior to this development proposal, and finding no substantial amounts of mature vegetation, bushes or trees existing on the property in question, no evidence of significant wildlife or wildlife habitant have been identified. The riparian area of the watercourse and established wetlands will remain in their current natural state with the exception of the proposed Cattail Drive and Catron Street crossings. Therefore, no effects on any significant wildlife and their habitat should occur as a result ofthe proposed subdivision. S) EFFECTS ON PUBLIC HEALTH AND SAFETY The Bozeman Development Review Committee (D.R.C.) revicwcd the application for Preliminary Plat review of Cattail Creek Subdivision, Phase I, to create 38 mixed-use commercial/industrial, professional office, and multi-family lots, and as result have determined that said impacts to the area's public health and safety identified with this subdivision proposal and outlined in the this staff report, have thc ability to be mitigated based on the recommended conditions of approval prepared by thc D.R.C. 6) EFFECT ON AGRICULTURAL WATER USERS FACILITIES The natural creek is not proposed to be relocated and/or altered with this subdivision proposal with exception to the two previously mentioned street crossings. The applicant's narrative states that there will minimal impacts to downstream water users facilities during construction. A written narrative stating that the development of Phase I will not interfere with any agricultural water user facility, irrigation ditches for downstream water rights will be effected. 76-3-608.3.b, M.C.A. (i) - Compliance with survey requirements provided in Part 4 of the Montana Cattail Creek Subdivision, Phase I - Findin2s of Fact and Order 6 I . Subdivision and Platting Act. The proposed mixed-use major 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 major subdivision is in general compliance with the Bozeman Area Subdivision Regulations based on the recommended conditions provided by the Bozeman Development Review Committee. (iii) - Compliance with the local subdivision review procedures. The application generally complies with the subdivision review procedures for a major subdivision established in the Bozeman Area Subdivision Regulations. Based on the recommendation of the n.R.c. and other applicable review agencies, the City Planning Board held an informational public meeting on October 3, 2000, and forwarded a formal recommendation of conditional approval in a Resolution to the Bozeman City Commission. The City Commission then considered the application at their regular scheduled meeting on November 6, 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, lmless all utility agencies provide in writing that said easements are not necessary. The Development 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, sixty (60) foot wide right-of-way dedication or access easement for the extension of Catron Street and Warbler Way, and a sixty-five (65) foot wide right-of-way dedication or access easement for Cattail Drive and the extension of North 2ih Avenue. All new utilities (i.e., electricity, gas, telephone, cable) will be installed underground. 76-3-608.3.d. M.C.A. Cattail Creek Subdivision. Phase I - Findine:s of Fact and Order 7 I . (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 of Catron Street and Deadman's Gulch, and the construction of North 2ih Avenue. All multi-family and commerciallindustriallots shall have adequate frontage along an approved public or private street as set forth in the regulatory standards. XI. After considering all matters of record presented at the public hearing and meeting, the Commission found the proposed preliminary plat for Cattail Creek Subdivision, Phase I, a mixed-use multi-family and commerciallindustrial major subdivision, would comply with the requirements of the Bozeman Area Subdivision Regulations and the Montana Subdivision and Platting Act if certain conditions were imposed. ORDER IT IS HEREBY ORDERED, on a vote of 5-0, that the Preliminary Subdivision Plat to create nineteen (19) multi-family residential lots and nineteen (19) commerciallindustrial lots known as Cattail Creek Subdivision, Phase I, 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 applicable regulations, and all required criteria, 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 of this document by the City Commission, by following the procedures of Section 76-3-625, M.C.A. Cattail Creek Subdivision. Phase I - Findinl!s of Fact and Order 8 I . 1. Stormwater Master Plan: 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 runoff from the individual lots will be dependent on the intensity of use on cach 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. 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 of the required infrastructure improvements. 3. All infrastructure improvements including 1) water and sewer main extensions, and 2) public streets, curb/gutter, sidewalks, and related storm drainage infrastructure improvements shall be financially guaranteed or constructed prior to Pinal Plat approval. City standard residential sidewalks shall be constructed on all public street frontages 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. 4. The location of existing water and sewer mains shall be properly depicted. Proposed main extensions shall be noted as proposed. Cattail Creek Subdivision, Phase I - Findinl!s of Fact and Order 9 I . . 5. The Montana Fish, Wildlife and Parks, Soil Conservation Service, 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. 6. 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 easement. 7. Project phasing shall be clearly defined including installation of infrastructure. 8. The Traffic Impact Analysis prepared by Kimley-Horn for Gallatin Center and Cattail Creek Subdivisions identify many improvements that must be made by the developers of thcse subdivisions. All improvements deemed necessary by Montana Department of Transportation for this subdivision shall be constructed or financially guaranteed prior to filing of the final plat. Additionally, no building permits shall be issued prior to construction and acceptance of the identified improvements. 9. Deadman's Gulch shall be constructed from this subdivision to North 19th Avenue, including all required intersection improvements and signalization as determined by the Montana Department of Transportation. 10. A tnmk water main shall be extended from North 27th to the west edge of the subdivision in one of the east-west streets for ultimate connection to Davis Lane. The location and size will be determined by the City Engineering Office during plan and specification review. If this results in over sizing based on the demands needed for the subdivision, the developer may apply for impact fee credits. Sewer and watcr mains shall be extended to the southern property line for future extension to the south. 11. Applicant shall provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of SID's for the following: a. Street improvements including paving, curb/gutter, sidewalk and storm drainage facilities for Davis Lane, Baxter Lane, Valley Center Drive, North 19th Avenue, and North 27th Avenue, unless those requirements are waived by the City Engineer. b. Trunk water main improvements in Davis Lane. c. Street lights along North 2ih Avenue. d. Boulevard trees along North 2ih Avenue. Cattail Creek Subdivision. Phase 1- Findine:s of Fact and Order 10 I . 12. Temporary cul-de-sacs with appropriate easements shall be provided for Catron Street and Cattail Drive, unless deemed unnecessary by the Director of Public Service. 13. All existing utility and other easements must be shown on the Final Plat. The existing 10' utility easement on the northern boundary of Minor Sub. No. 145A goes all the way to the east boundary. This must be vacated, or the lots rearranged to accommodate the easement if it is to stay. 14. That, prior to the installation of infrastructure, any site improvements or the applicant applying for final plat review and approval of Phase I, the application for annexation to the corporate limits of the City of Bozeman shall be formally approved by the City Commission, a Resolution of Annexation adopted, and the Annexation Agreement for said annexation request executed by the City of Bozeman. 15. That prior to the applicant applying for Final Plat review and approval of Phase I, the City Commission shall formally approve the Master Plan Amendment and Zone Map Amendment applications for said property. 16. That the detention/retention ponds proposed in the designated open space areas along Cattail Creek be excluded from any calculated park land requirement, that proximity of the ponds to the water course be limited, exclusive of the outlet structures, that the design and shape of the ponds be organic and natural in form (i.e., not rectangular or box-like), and that all ponds shall not exceed a depth of 1 Yz feet with a maximum side slope of 1- in-4, unless otherwise reviewed and approved by the Planning Office. 17. That the detention/retention ponds be identified on the final plat as common open space areas, owned and maintained by the property owner's association, and noted accordingly in the property owner's association documents, for review and approval by the Planning Office. 18. That the applicant obtain written approval of a park land implementation plan outlining installation of landscape improvements, trail/bike path improvements, and maintenance and upkeep of the park lands and trails, and that said implementation plan be noted accordingly in the protective covenants and restrictions of the property owner's association documents, for review and approval prior to Final Plat approval. 19. The Final Plat delineate all park lands on the subdivision plat as "Public Park", exclusive of those areas designated as retention/detention storm water ponds or common open space areas. 20. That a one (1) foot wide "No Access" strip be designated on the Final Plat along both sides of the arterial street, Cattail Drive. 21. That the applicant install boulevard street lights within the dedicated right-of-way at a regular spacing along all interior subdivision streets that comply with Section 18.50.035.A, Glare and Lighting, and that the applicant provide a typical light fixture Cattail Creek Subdivision, Phase I - FindiUl?:s of Fact and Order 11 I - _________..._ __________________.________._n__n__..__________...._ . detail that demonstrates a fixture that deflccts light down andlor away from any adjoining residential district and shall not detract from driver visibility on adjaccnt streets, for review and approval prior to Pinal Plat approval. 22. That the Final Plat and homeowner's association documents delineate and describe the location of all open space areas to be defined as "common open space" areas, owned and maintained by the property owner's association, which are also available for the enjoyment and use of the residents, guests and land owners of property within the subdivision, and that the covenants be modified to include language that reflects the public dedication of all subdivision park lands and clarifies the required park land improvements for said public park land(s), for review and approval by the Planning Office prior to Pinal Plat approval. 23. That the applicant give consideration to a redesign of Lot 2, Block 2 and Lot 5, Block 4 in order to maximize the development of said lots and avoid the potential need for variances to the Zoning Ordinance during construction of individual projects, and that the applicant consider a shared access easement for Lot 1 and Lot 2, Block 6. 24. That the Final Plat shall comply with Section 16.10.030 of the Bozeman Area Subdivision Regulations, and shall include all appropriate documents, ccrtificates, and bc accompanied by all appropriate documents, including a Platting Certificate. Pour (4) mylar copies of the Final Plat must be submitted for Final Plat approval, along with a digital copy ofthe Final Plat, on a double sided, high density 3 1/2" floppy disk. 25. 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.. 26. That the applicant submit with the application for final plat review a written recommendation of approval by the Bozeman Recreation and Parks Advisory Board regarding the design, location, implementation, and dedication of park land(s) for said Cattail Creek Subdivision, that also includes an implementation plan for maintenance and upkeep of park land and trail system, for review and approval by City staff prior to Pinal Plat approval. 27. That the applicant provide with the application for Final Plat rcview and approval a copy of a signed Memorandum of Understanding with the Gallatin County Weed Control District. 28. 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 review and approval by the City of Bozeman for maintenance and upkeep of dedicated park land and trail system prior to Pinal Plat approval. 29. 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 Cattail Creek Subdivision. Phase I ~ Findinl!s of Fact and Order 12 I . . used, rear yard casements must still be provided on the plat unless written confinuation 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. 30. 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. 31. That the developer shall enter in an hnprovements 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. 32. 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 Pinal Plat approval for Phase I. 33. That the applicant submit with the application for Final Plat review and approval of Cattail Creek Subdivision, Phase II, a written narrative stating how each of the 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, November 6, 2003. At the end of this period the City Commission may, at the request of the subdivider, extend its approval for not more than onc (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 29th day of May , 2001. BOZEMAN CITY COMMISSION ~{J /for--- Marcia B. Youngman, Mayor Cattail Creek Subdivision. Phase I - Findine:s of Fact and Order 131 . ., . ATTEST: APPROVED AS TO FORM: O~ ;/ .L~ / Robin Sullivan, Clerk of the Commission Cattail Creek Subdivision, Phase I - Findine:s of Fact and Order 14 I