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HomeMy WebLinkAbout01- Rocky Mountain for Hyalite View Subdivision , . " I Amended New Hyalitc View Major Subdivision Findings of Fact and Order #P~O 113 I BEFORE THE BOZEMAN CITY COMMISSION GALLATIN COUNTY, MONTANA IN THE MATTER OF THE APPLICATION OF WESTLAND FINDINGS ENTERPRISES INC., REPRESENTED BY RAY CENTER OF FACT FOR ROCKY MOUNTAIN ENGINEERING FOR AND ORDER PRELIMINARY APPRO V AL OF AMENDED NEW HY ALITE VIEW SUBDIVISION This matter came before the Bozeman City Commission on June 18,2001, 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 eight single-family lots and one lot for open space/stormwater detention as submitted in its original form on April 16, 2001, P-OI13. 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 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 corne before it regarding this application, the Commission makes the following Findings of Fact, as required: ~ , . Amended New Hyalite View Major Subdivision Findings of Fact and Order #P.Ol13 FINDINGS OF FACT I. On April 16, 2001, Westland Enterprises, Inc., represented by Ray Center, Rocky Mountain Engineers, submitted an application for approval to create Amended New Hyalite View Subdivision, a major subdivision dividing 2.7 acres into eight (8) single family lots and one (1) lot for open space/stormwater detention. The property is located in the SW% of Section 17, T2S, R6E, PMM, City of Bozeman, Gallatin County, Montana. The subject property is zoned R-2 (Residential Single Family, 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 New Hyalite View 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 May 27,2001. Said notice also served to inform interested persons that materials were available for review at the Bozeman Planning & Community Development Department. -2- , . . Amended New Hyalite View Major SubdivisionPihdirigsof Pact and Order #P-OI13 The Bozeman Planning Board considered the application at its regular meeting on June 5, 2001. 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 ofthe requested subdivision and agreed to most conditions presented in the Staff Report. The Planning Board then opened the public hearing. There were two comments from the general public regarding the proposed lot size and setbacks and eventual installation of sidewalks within the subdi vision. Receiving no further response, the Planning Board closed the public hearing. The Planning Board agreed that the conditions outlined in the staff report were necessary; though the Planning Board did forward a recommendation to the City Commission to delay sidewalk installation until each lot becomes developed, not with infrastructure. 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 June 18,2001, at which time the recommendation of the Planning Board and information compiled by City staff was reviewed. -3- . , Amended NewHyalite View Major Subdivision Findings of Fact and Order #P.Ol13 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 subdivision of this property shall not have any adverse impact on agriculture due to its current use as a vacant parcel of land. 2. Effects on Agricultural Water User Facilities. There are no agricultural water uses on the proposed subdivision. There is one detention area proposed with the major subdivision. Design and specifications of this area will be reviewed with final plat submittal. 3. Effects on Local Services. Water/Sewer: Water/Sewer services can be provided by connection to existing main lines located to the east of the subject property in Holly Drive. General capacity limitations for water and sewer facilities are not anticipated by the Engineering Department staff as a result of this major subdivision. The design and approval of water and sewer facilities is addressed in recommended conditions #14 and #16. Police/Fire: The only concern for the Fire Department was the proper naming of the proposed cul-de-sac, which is addressed in condition #6. Streets: Street improvements, including city standard sidewalks are addressed in -4- . Amended Newflyalite View Major SubdivisionPindings of Pact and Order #P-Ol13 recommended conditions #17 and #18. 4. Effects on the Natural Environment. Stormwater and drainage will be addressed through condition #15. Applicant has entered into an agreement for a Noxious Weed Management Plan with the Gallatin County Weed Board. 5. Effects on Wildlife and Wildlife Habitat. Due to its historically vacant use and the development of surrounding subdivision, no significant adverse effects on wildlife or their habitat have been identified on the property. 6. Effects on Public Health and Safety. Because development in the subdivision will be serviced by municipal sewer, the threat of groundwater degradation from onsite sewage disposal will be eliminated (condition #14 and #16). ill COMPLIANCE WITH SURVEY REQUIREMENTS PROVIDED FOR IN PART 4 OF THE MONTANA SUBDNISION AND PLATTING ACT. The subdivision complies or will comply with survey requirements of the Act. g COMPLIANCE WITH THE BOZEMAN SUBDNISION REGULATIONS. With conditions, the final plat will comply with the regulations. ill COMPLIANCE WITH THE REQUIRED SUBDNISIQN REVIEW PROCESS. The meeting before the Planning Board and hearing before the City Commission have been -5- . IAmended New Hyalite View Major Subdivision Findings of Fact and Order #P-OI13 I properly noticed, as required in the Subdivision Regulations. The notice was mailed to all adjoining property owners by certified mail on May 18, 2001, and the notice was published in the Bozeman Daily Chronicle on May 27,2001. E) PROVISION OF EASEMENTS FOR THE LOCATION AND INST ALLA TION OF ANY PLANNED UTILITIES. All utilities and necessary utility easements will be provided. B PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEL. Legal and physical access to each parcel is provided from existing streets 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 orreferenced in the Findings of Fact, justifies the imposition ofthe 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 -6- . Amended New Hyalite View Major $\lb<:Hvision Findings of Fact and Order #P-OII3 Amended New Hyalite View Subdivision for Westland Enterprises, Inc., be approved, subject to the following conditions: Proiect Specific Conditions Planning: 1. There shall be a note on the plat restricting access onto Holly Drive from Lots 7 and 8. 2. The applicant shall include a notation on the final plat and amend the by-laws and protective covenants of the homeowner's association, whereby both documents include language that defines the front, side, and rear yards of each individual corner subdivision lot and that the determination of all required yards shall be further reviewed and approved by the Planning Office during the processing of applications for building permits for each individual residential dwelling. 3. Applicant shall install a temporary construction barrier surrounding the subject property during construction and infrastructure installation in order to protect the open space/park areas and reduce debris. 4. Any areas within the open space affected during construction will be corrected and rehabilitated. 5. There shall be no construction traffic allowed on the open space/park area surrounding the subject property. All construction traffic shall utilize the cul-de- sac or on the individual private lot(s) under construction. 6. Applicant shall rename the proposed Ash Court. Applicant shall check with County Clerk and Recorder's Office for appropriate street names in order to avoid any duplication or similar naming within the city and county. Engineering: 7. The applicant is advised that the storm drain shown on the property line between lots 6 and 7 may not be an open channel. 8. While sidewalks along Holly Drive will not be required at this time, the finished grade of the right of way shall be such that sidewalks can be installed at a future date without significant regrading of the right-of-way. -7- --------.-------------- . . . . . :Ainended New Hyalite View Major SUbdivision Findings of Fact and Order #P.OI13 Code Provisions Planning: 9. The park boundary bordering all private lots shall be delineated at the common private/public comer pins, with flat, flexible fiberglass posts, a minimum of 6-feet in length with no less than 2-feet driven into the ground. Each post must be labeled with a permanent glue on sign stating "Park Boundary" or "Property Boundary". 10. A declaration of covenants for the Homeowners Association 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. 11. 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 clothback (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. 12. 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 consideration. 13. 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- " . IAmended New HyaliteViewMajor Subdivision Findings of Fact and Order #P-OI13 I Water/Sewer: 14. The Water/Sewer Department will review engineered plans and submittals when they are provided. Engineering: Stormwater 15. A Stormwater Drainage, Treatment and Grading Plan for a system designed to remove solids, silt, oils, grease, and other pollutants from the runoff from the public streets and all lots must be submitted to and approved by the City Engineer. Detailed review of the stormwater plan will be part ofthe infrastructure plan and specification reVIew process. Water/Sewer 16. Plans and Specifications for water and sewer main extensions, prepared and signed by a Professional Engineer (PE) registered in the State of Montana shall be provided to and approved by the City Engineer. Water and sewer plans shall also be approved by the Montana Department of Environmental Quality. The applicant shall also provide Professional Engineering 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. Streets, Curb/Gutter, and Sidewalks 17. Ash street shall be constructed to a full City standard, i.e., 37 feet from back of curb to back of curb as part of the subdivision improvements. Unless a variance is granted by the City Commission, pursuant to Section 16.14.040 of the subdivision code sidewalks along Ash street shall be installed at the time of the installation of the street improvements. 18. Plans and specifications for the public streets, including curb, gutter, sidewalk and related storm drainage infrastructure improvements, prepared by a Professional Engineer (P .E.) registered in the state of Montana shall be provided to and approved by the City Engineer prior to initiation of construction. -9- . . .. I Amended New HyaIite View Major Subdivision Findings of Faet and Order #P-Ol13 I 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 street until the plans and specifications have been approved by the City Engineer and a pre-construction conference has been conducted. While the plat may be filed if the required infrastructure improvements are financially guaranteed, no building permits shall be issued prior to substantial completion and City acceptance ofthe required street, curb and gutter, sidewalk and stormwater infrastructure improvements. Utility Easements 19. Easements for the sewer main extensions shall be a minimum of30' in width, with the utility located in the center of the easement. In no case shall the utility be less than 10' from the edge of the easement. All required easements shall be provided prior to final plat approval. Miscellaneous 20. The Montana Department of 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 infrastructure plan and specification approval. This City Commission order may be appealed by bringing an action in the Eighteenth District Court of Gallatin County, within 30 days after the adoption of 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 ofthese Findings by the City Commission. At the end of this period the City Commission may, at the written request ofthe -10- . ..~ . Amended New Hyalite View Major Subdivision Findings of Fact and Order #P-OI13 subdivider, extend its approval as provided for in the Bozeman Subdivision Regulations. DATED this 16th day of July, 2001. BOZEMAN CITY COMMISSION By: ~ ~ era-- Marcia B. Youngman, Mayor ATTEST: (2d:1 ~ Robin L. Sullivan Clerk of the Commission -11-