HomeMy WebLinkAbout01- Harvest Creek Subdivision, Phase V-XI
. , w
.
BEFORE THE BOZEMAN CITY COMMISSION
IN THE MATTER OF THE APPLICATION OF FINDINGS OF FACT
HOMELANDS DEVELOPMENT COMPANY, L.L.c., AND ORDER
FOR MODIFICATION OF A CONDITION OF
PRELIMINARY PLAT APPROVAL OF HARVEST
CREEK SUBDIVISION, PHASE V-XI, CITY OF BOZEMAN,
GALLA TIN COUNTY, MONTANA
PURSUANT to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-625,
Montana Code Annotated, and the Bozeman Area Subdivision Regulations, a public meeting and
public hearing were scheduled, after notice given, before the Bozeman Planning Board on April 3,
2001, and before the Bozeman City Commission on April 16, 2001, on the above-entitled application.
The applicant presented to the City Commission a proposed preliminary subdivision plat for three
hundred (300) single-family residential lots, together with the required 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 the plat should be approved, conditionally approved, or
disapproved.
It appeared to the City Commission that all parties and the public 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 City Commission makes the following Findings of Fact,
as required:
FINDINGS OF FACT
J.
The complete application for the preliminary subdivision plat review of Harvest Creek Subdivision,
Phase V-XI, was submitted to the Bozeman Planning Office on February 27, 2001. The preliminary
subdivision plat, as proposed, will subdivide 79.3114 acres of land into three hundred (300) single-
#al..vci.t.Cn'ek$ubdl~btl>II,.Phase8..v...Xl.,".FlJldfug8.o( Fadlilid.Order 1.
. , ~'
,
family residential lots. All residential lots will be served by City of Bozeman water and sanitary sewer
services, and will be accessed by public streets with improvements to the existing Durston Road,
extension of West Oak Street, and construction of a network of interior local subdivision streets;
Valley Drive, Springbrook Avenue, Harmon Way, Durham Avenue, Oliver Street, Rose Street, Lillie
Drive, Annie Street, Farmall Street, Case Street, and John Deere Street. Approximately 3.0686 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 Wednesday, April 4, 2001, 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 by the Planning Board on April 3,
2001. 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, orientation of residential dwellings on
corner lots, and limitations on buildable lots at the end of cul-de-sacs. The Planning Staff reported
that no public testimony on this matter had been received as of the public meeting before the Planning
Board, with exception to a single public comment as to the type of land uses that would be permitted
and the existing water course to the west of the proposed subdivision.
IV.
Walt Wolf, applicant, responded to questions by the Planning Board and discussed the
pedestrian crossings along Harmon Ditch, reasons for not proposing a residential/neighborhood
commercial mixed use development, extending the pedestrian trail to the west boundary of the
proposed subdivision, continuing streets further west, and extending Durham Avenue to connect with
West Oak Street.
lJ.~rt~~tCreek$ubdlvtsl(ln.I'Itll8eS V-XI. "FfudfultllofFactand O,'del' 2
. , -.
.
Per Hjarmalson of C & H Engineering discussed the alignment of Fowler Avenue,
improvements to Durston Road, and future improvements to West Oak Street along the Castlebar
Apartments project to the east of the proposed subdivision.
V.
The public meeting portion on this matter was opened with one individual, Ted Newman, 531
Valley Drive, expressing concern with access to the subdivision and planned traffic patterns in the
area, Durston Street being too narrow for construction, why limited commercial was not included in
the subdivision, and why traffic lights have not been warranted.
VI.
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 related to the Durston Road Special
Improvement District and when improvements are scheduled to proceed.
VII.
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-0105 with the conditions
recommended by the Planning Staff and the addition of a condition that City staff review the cul-de-
sac streets at Oliver Street and Lille Drive be redesigned to continue to the west boundary of the
preliminary plat.
1U&$tCfeek.SllbdMllloll,..f'luases.\'.xlc~.F'lJldlngll.oI'Factand..brder
. ..
~
VIII.
The matter was considered at a public hearing before the City Commission on Monday, April
16, 2001. The Planning Staff reviewed the project at that time and forwarded the Planning Board's
recommendation of conditional approval to the City Commission.
IX.
The public hearing portion on this matter was opened, with seventeen (17) individuals from the
general public providing public testimony related to the future alignment of Fowler Lane,
improvements to Durston Road, historic natural features and wildlife habitat, privacy fences,
conservation easement, subdivision design, area's transportation network system, and interior
subdivision street alignment with Valley Drive.
After considering extensive public testimony and discussing further the future alignment of
Fowler Lane, collector and arterial street standards, impacts on wildlife and wildlife habitat, critical
lands study, wetlands, need for additional input from City staff on the Fowler Lane alignment, and the
60-day review period limitation, the City Commission requested of the applicant an extension to
continue the public hearing beyond the 60-day review period. At the City Commission's request, the
applicant's representative, Mr. Walt Wolf, consented to granting an extension to the 60-day review
period until Monday, April 30, 2001.
X.
The public hearing on this matter was reopened by City Commission on Monday, April 30,
2001. The Planning Staff presented an update of the issues identified by the City Commission from
the April 16, 2001 meeting on the matter of preliminary plat review for Harvest Creek Subdivision,
Phase 5-11. The update involved an overview of public input, Fowler Lane designation in the 1990
Bozeman Area Master Plan Update, existing right-of-way and public access easements for Fowler
Lane, City staff recommendation on the Fowler Lane alignment, comments for Montana Department
IIllrytSt&~~ks..bdlvlslon,Phallell\'.Xf..FindlngsofFlIctIlJld()J'der
. -
.
of Fish, Wildlife & Parks, wetlands, and the need for an arterial roadway system in the area of the
proposed subdivsion.
Public testimony was then received by the City Commission with twelve (12) individuals
from the general public providing public testimony related to the construction and alignment of Fowler
Lane, alignment and location of Valley Drive in the proposed subdivision, impact on Valley Drive to
the south, subdivision retention/detention storm water ponds, subdivision street lighting, privacy
fences, wetlands, and existing wildlife and wildlife habitat.
XI.
Holly Brown, representing Homelands Development Co., Inc., stated the consultant firm has
confirmed the depth to ground water is 7 to 8 feet below the surface, reminded the City Commission
that the matter before the governing body is preliminary plat review of Harvest Creek Subdivision,
Phase 5-11, and not the alignment of Fowler Lane. Ms. Brown commented that the applicant has
agreed to the recommended conditions of approval and noted that the extension of Fowler Lane should
be considered with the subdivision of lands that the alignment is proposed over, that the applicant has
participated in improvements to various streets in the area and the signalization at the intersection of
Durston Road and North 19th Avnue, and that the applicant would agree to install a wire mesh fence
along the west boundary.
Ms. Brown requested on behalf of the applicant that the condition pertaining to street lighting
be modified, in light of the neighbors' concerns; however, Ms. Brown indicated that if it is not
modified, the applicant would abide by the condition. In response to the City Commission, Ms. Brown
stated that if the City Commission wants to take additional time to consider the alignment of Fowler
Lane, the applicant has indicated a willingness to not develop the westernmost lots in the subdivision
for one (1) year.
ltaNes. Crk~kSllbdl~1Stri...Phase$ v.xiZJ;'llidll1es()(Fad and Order
Per Hjalmersson of C & H Engineering, discussed the redesign and relocation of the storm
water retention/detention ponds to address the concerns of adjoining landowners and the redesign of
Farmall Street to extend to the western boundary of the subdivision.
The Director of Public Service then discussed the extension and alignment of Fowler Lane and
identified the extension of the roadway as being number two on Transportation Coordinating
Committee's priority list for urban funds.
The City Engineer then discussed the alignment of Valley Drive, creation of special
improvement districts to improve Fowler Lane, and lighting at major intersections on Durston Road
and West Oak Street for safety purposes.
XU.
The City Commission then discussed subdivision street lighting, location and design of storm
water retention/detention ponds, privacy fences, location of Valley Drive, waiver of right to protest
creation of special improvement districts for improvements to Fowler Avenue, additional east/west
interior subdivision streets extended to west boundary of proposed subdivision, lengths of subdivision
blocks, additional pedestrian ways or trails, and neighborhood commercial development.
XIII.
After discussing the recommended conditions of approval and after considering modifications
and/or corrections to the recommended conditions, consideration of additional conditions of approval,
and after no Commissioner objections, the public hearing on this matter was closed.
IX.
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 Section 76-3-608, M.C.A., and found as follows:
Harvest. Cmk~b"l~iSIon.Phases\'.:xI~~j'lJldlngs of FllcfanclOrder 6
76-3-608(3)( a ):
1) EFFECTS ON AGRICULTURE:
Historically, the subject property has been used for agricultural purposes with the majority of
the 79+ acre parcel used for cultivating crops or pasture. The Soil Potential Maps identifY the
site as being good producing soils for agricultural activity and a viable farm unit. As a result,
79+ acres of good producing agricultural land will be eliminated from agricultural activity
based on the Soil Maps.
Adjoining properties in the area reflect a transition from agricultural activities to urban
residential development based on recent annexations of agricultural lands and urban zoning
designations. Due to the fractured parcels of ownership of surrounding properties and
encroaching urban development, the site is no longer considered a viable farming unit.
2) EFFECTS ON LOCAL SERVICES:
Municipal infrastructure is located in general proximity to the preliminary plat and is generally
accessible to the subdivider in order to develop at urban densities. 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.
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.
3) EFFECTS ON NATURAL ENVIRONMENT
No significant physical or topographical features have been identified on Phase 5-11 of Harvest
Creek Subdivision. Detention/retention ponds to receive storm water runoff from the local
streets have been designed to be mitigate any potential impacts to future residents and will be
established as part of a storm water runoff maintenance plan. Provisions are 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 HABIT AT
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. Therefore, no effects on any wildlife and wildlife habitat should occur as
a result of the proposed subdivision.
Itarvestc:reekSulldlvtslftil, Phalle~v;:xi2.'lndlnllsofFaHllJid Order
-- -- --- ---------
5) EFFECTS ON PUBLIC HEALTH AND SAFETY
The Bozeman Development Review Committee (D.R.C.) reviewed the application for
Preliminary Plat review of Harvest Creek Subdivision, Phase 5-11, to create 300 single-family
residential 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 the
ability to be mitigated based on the recommended conditions of approval prepared by the
n.R.C.
The conditions of Preliminary Plat approval recommended by the Development Review
Committee were forwarded in the staff report for consideration by the Planning Board and City
Commission.
6) EFFECT ON AGRICULTURAL WATER USERS FACILITIES
The applicant's narrative states that there will be no impact on downstream water user facilities
and a similar notation to that effect will be provided on the final plat for each phase.
All subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, M.C.A., 1995
regardless of compliance with master plan status. As a result, the Planning Office has reviewed
this application against the listed criteria and further provides the following summary review:
76-3-608.3. b.M .CA.
(i) . Compliance with survey requirements provided in Part 4 of the Montana
Subdivision and Platting Act.
The proposed major subdivision appears to have complied with the survey requirements
in Part 4 of the Montana Subdivision and Platting Act and will be filed in the Gallatin
County Clerk & Recorder's Office with Final Plat review and approval.
(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 and other applicable review agencies.
(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 D.R.C. and other applicable review agencies, as well as any
public testimony received, the Bozeman Planning Board forwarded a formal
recommendation in Resolution No. P-OI05 to the Bozeman City Commission for final
action on the proposed major subdivision.
Inl"\'6t.&eek.S~b41vlslolI...Phase!l.WXl........F'lndings.orFaHand..()rd('r 8
76-3-608.3.c. M.C.A.
(c) - Provision for easements for the location and installation of any planned utilities.
All new facilities (i.e., electricity, gas, telephone, cable) will be installed underground.
Appropriate easements shall be indicated on the Final Plat and the appropriate
certificate on the plat granting the use of the easements to the necessary entities. The
Development Review Committee recommended a condition of Preliminary Plat
approval that required the applicant to clearly identifY the thirty (30) foot wide utility
easement(s) on the Final Plat for sewer and water mains that may be located outside of
dedicated public right-of-ways.
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 construction of the extension of West Oak Street and the existing Durston
Road. Direct access to each individual lot will occur from interior local subdivision
streets built to City standards and located within 60-foot wide dedicated rights-of-way.
No direct access to West Oak Street and Durston Road will be permitted and shall be
noted accordingly on the Final Plat for this subdivision.
XI.
After considering all matters of record presented at the public hearing and meeting, the City
Commission found that the proposed preliminary plat for Harvest Creek Subdivision, Phase 5-11, a
single-family residential 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
THEREFORE, IT IS HEREBY ORDERED, on a vote of 5 to 0, that the Preliminary
Subdivision Plat to create three hundred (300) single-family residential lots known as Harvest Creek
Subdivision, Phase 5-11, has been found to meet the primary criteria of the Montana Subdivision
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
l:Iarv~.cr~~k@1ktlvisloll,. rhaiell.V.Xt....".Fhldings of F~a.1lIId..6rder 9
.
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.
1. The developer is advised that the subject property is in the SID No. 621
(sewer) Far West Payback Area. The complete payback for each phase will
be required prior to final plat approval for that phase.
2. The applicant shall provide and file with the County Clerk and Recorder's
office executed Waivers of Right to Protest Creation of S.I.D.s for the
following:
a. Street improvements to Durston Road from the west property
line of this subdivision to North 19th Avenue, including
paving, curb and gutter, sidewalk and storm drainage facilities.
b. Street improvements to Fowler Avenue from Durston Road to
West Oak Street, including paving, curb and gutter, sidewalk
and storm drainage facilities, for those portions of the
subdivision lying within one-half mile of the Fowler Avenue
alignment.
The document filed shall specify that in the event an S.I.D. 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.
3. Prior to submittal of plans and specifications for any proposed phase of this
development, an infrastructure phasing schedule for the subdivision shall be
submitted to and approved by the City Engineer's office. All infrastructure
improvements required for each phase of the development, including water
and sewer main extensions, public street, curb and gutter, sidewalks and
related storm drainage infrastructure improvements as identified in the
schedule, shall be constructed or financially guaranteed prior to final plat
approval for each phase. No building permits for any phase of the
development will be issued prior to completion and City of Bozeman
acceptance of said infrastructure improvements for that phase.
HarliiSt CreeJ{SII.....MlIlon,1'hl\5(>llV-XJ .-- Flndb1EsofF'aCtandbrder 10
Should the actual phasing of the subdivision occur in a sequence different
from that indicated in the approved schedule, the infrastructure improvements
required to be in place prior to the filing of the final plat for the new phases
shall be reviewed and approved by the City Engineering Department.
4. 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
public streets and all lots must be provided to and approved by the City
Engineer.
The master plan must depict the maximum sized retention/detention basin
location, and locate and provide easements for adequate drainage ways within
the subdivision to transport runoff to the stormwater receiving channel. The
plan shall include site grading and elevation information particularly for the
basin sites, drainage ways, and lot finished grades, typical stormwater
retention/ detention basin and discharge structure details, basin SIZing
calculations and a stormwater maintenance plan.
Any stormwater ponds located within a park or open space shall be designed
and constructed to be condu~ive to the normal use and maintenance of the
open space. Storffiwater ponds may not be located on privately owned lots.
No open channel flow in drainage easements across private property will be
permitted.
All-weather access to any proposed storm sewer manholes must be provided.
The use of large retention ponds will be strongly discouraged. The ultimate
point(s) of discharge from any proposed detention ponds, as well as the path
of overflow from any proposed retention ponds shall be clearly depicted on
the plan. The applicant is reminded that the original preliminary plat submittal
for this subdivision indicated that stormwater from the portion of Harvest
Creek west of the Harmon Ditch was to have been routed to a detention pond
to be located in the northwest corner, which was to discharge to an existing
swale.
All stormwater improvements needed for each phase must be constructed or
financially guaranteed prior to filing the final plat for that phase. No building
permits in a given phase will be issued until the stormwater improvements
required for that phase (as detailed in the approved infrastructure phasing
plan) are constructed and approved.
Detailed review of the final grading and drainage plan and approval by the
City Engineer will be required as part of the infrastructure plan and
specification review process.
5. The developer's engineer shall submit a comprehensive utilities design report
evaluating existing capacity of water and sewer utilities. The report must
l'Ial"Vest.tw~kMb4M,llon,.l'base!l.VCXI.__.F'1I1dIl1Es.otFaa..and Ord(>r 11
include hydraulic evaluations of each utility for both existing and post-
development demands. The report findings must demonstrate adequate
capacity to serve the full development. If adequate water and/or sewer
capacity is not available for full development, the report must identifY
necessary water system and sewer system improvements required for full
development. The developer will be responsible to complete the necessary
system improvements to serve the full development.
6. All water main extensions of more than 500 feet required for the subdivision
shall be fully looped.
7. All proposed water and sewer mains shall be extended to the subdivision
property lines to adequately accommodate future extensions and/or looping.
8. Plans and specifications for all 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 for each phase of
development. 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
for any phase until the plans and specifications for that phase have been
approved and a preconstruction conference has been conducted.
No building permits for any phase shall be issued prior to substantial
completion and City acceptance of the water and sewer infrastructure
improvements required for that phase.
9. The correct location of and the distinction between existing and proposed
sewer and water mains and all easements shall be clearly and accurately
depicted on the infrastructure plans, as well as all nearby fire hydrants and
proposed fire hydrants.
10. Any easements which may be needed for the water and sewer main extensions
shall be a minimum of 30 feet in width. In no case shall the proposed utility
be located less than 10 feet from the edge of the easement. All necessary
easements shall be provided prior to final plat approval and shall be shown on
the plat. Easements for off-site improvements shall be provided to the City
prior to plan and specification approval.
11. Wherever and whenever water and/or sewer mains are not located under
improved streets, a 12-foot wide all weather access drive shall be constructed
above the utilities to provide necessary access
12. Plans and specifications for the public street improvements, including curb
and gutter, sidewalk and related storm drainage infrastructure improvements,
prepared and signed by a Professional Engineer (PE) registered in the State of
ll"w/iSt(?reek~bdlv\!;lon,J'hasesV.xfPfbldlligsof Faet and. Order
.
Montana, shall be provided to and approved by the City Engineer for each
phase of development. 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 for any phase until the
plans and specifications for that phase have been approved and a
preconstruction conference has been conducted.
No building permits for any phase shall be issued prior to substantial
completion and City acceptance of the street infrastructure improvements
required for that phase.
13. Streets within the subdivision shall be City standard width and City standard
curb, gutter and sidewalk shall be provided along all streets in the subdivision.
Sidewalk shall be installed in conjunction with street construction unless
otherwise approved by the City Commission. If an alternative street width is
proposed, it must be demonstrated that the design will accommodate two-way
traffic, emergency vehicle access and parking needs for the subdivision.
14. No direct access from individual Jots to Durston road will be approved.
15. Cul-de-sac rights-of-way must be 100 feet in diameter, with a paved diameter
of 70 feet. Where temporary cul-de-sacs are proposed, they may not be
located on private lots. Easements must be provided for temporary cul-de-
sacs located on adjacent property. Temporary cul-de-sacs shall have a
minimum radius of 3 5 feet and may be of aggregate construction.
16. Another name must be used for Case Street west of Hunter's Way. All street
names must be reviewed and approved by the City Engineering Department
prior to filing the final plat for the phase that contains that street.
17. Construction of City standard sidewalk one foot from the property line
adjacent to Durston Road will be required prior to final plat approval of Phase
V.
18. The Traffic Impact Analysis (TIA) submitted with the preliminary plat states
that the addition of all traffic generated by Harvest Creek West to the current
network will degrade the Level of Service (LOS) on Durston Road from C to
D. Section 16.18.050D.7 of the Bozeman Municipal Code states that the street
LOS may not he less than D. Since the applicant's TIA does not consider the
incremental or cumulative effect on the LOS as each phase is built, the LOS
on Durston Road at any intermediate point in the development of this
subdivision would be unknown. The TIA is also based on an assumption that
at full build-out, 43% of the traffic generated will use West Oak Street, which
is not continuous all the way to North 19th A venue at this time and may not
be at the time of full build-out of Harvest Creek West. The TIA also did not
consider the effects of Ferguson Meadows Subdivision, where homes are now
being built.
Hart6t.ereek$JIlJlvisloll."lilises.v-XI -- Flndlngs.ofFlld.llIld..Order 13
.
.
It is noted that the City Commission recently placed a condition on Annie
Subdivision, limiting which phases of that subdivision could be platted prior
to the sale of bonds from an SID to finance improvements to Durston Road.
As such, the applicant has requested that he be allowed to plat the first three
phases of Harvest Creek West, that is, Phases V, VI and VII, prior to
completion of improvements to Durston Road.
While traffic impact associated with each phase was not evaluated in the TIA,
considering the issues noted above it appears reasonable to project that the
LOS on Durston Road will not degrade below D with the build out of the 127
lots contained in Phases V, VI and VII.
Therefore, the phasing schedule shall state that street improvements to
Durston Road must be completed prior to initiation of construction of the
fourth phase of Harvest Creek West (Phase VIII).
The Engineering Department does wish to recognize that the applicant has
provided $10,000.00 to be used for creating an SID to fund improvements to
Durston Road from the west boundary of Harvest Creek to North 19th
Avenue, and the Engineering Department is proceeding with procurement of a
consultant to create that SID. We have committed ourselves to trying to create
this SID in the most expeditious manner.
19. Since construction activities related to this project will result in the
disturbance of more that five acres of natural ground, an erosion/sediment
control plan may be required. The Montana Department of Environmental
Quality may need to be contacted by the applicant to determine if a
Stormwater Discharge Permit is necessary. If a permit is required by the
State, the developer shall demonstrate to the City full permit compliance.
20. The Montana Department of Fish, Wildlife and Parks, SCS, Montana
Department of Environmental Quality and Army Corps of Engineers will need
to be contacted regarding the proposed project and any required permits (i.e.,
310, 404, Turbidity exemption, etc.) shall be obtained prior to final site plan
approval.
21. That the final subdivision plat is legibly drawn at a horizontal scale of no less
than one hundred (100) feet to the inch, and that all boundaries, dimensions,
distances, and areas are clearly specified.
22. That the final plat contain a notation stating that all downstream water user
facilities will not be impacted by this subdivision and that it be noted
accordingly in the by-laws and protective covenants for the homeowners'
association.
23. That the by-laws and protective covenants of the homeowners' association be
amended to include language that defines the front and rear yards of each
individual corner subdivision lot as those yards that coincide with the
H~~l!lIt.&j~k.~liCllvilllon,.Phase$.V-XJ.......FiDdllie!l.ot Fact. and order
.
orientation of all yards established by the interior subdivision lots of each
block, 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.
24. That all corner subdivision lots shall maintain a minimum lot width of not less
than ten (10) feet wider than the width of all interior subdivision lots located
within each prescribed subdivision block.
25. That all areas for the collection of stormwater runoff shall be described as
"Common Open Space" owned and maintained by the homeowners'
association, and noted accordingly in the by-laws and protective covenants,
for review and approval by the Planning Office prior to final plat approval.
26. That all subdivision lots located at the end of cul-de-sac streets shall maintain
a minimum lot width of not less than sixty (60) at the front yard setback
27. Lot Nos. 30 and 31, Block 22, are undevelopable for typical single-family
residential dwellings within this subdivision and should be redesigned with
additional lot width to accommodate single-family structures.
28. That applicant provide payment of the calculated cash in-lieu of water rights
for each subdivision phase prior to the filing of the final plat for said phase.
29. That the applicant obtain encroachment permits from the County Road Office
for all accesses on County maintained roads.
30. That a one foot wide "No Access" strip be delineated and noted accordingly
on the final plat for all lots fronting onto Durston Road and West Oak Street
prior to obtaining final plat approval.
31. That the final plat shall comply with Section 16.10.030 of the Bozeman Area
Subdivision Regulations, and shall include all appropriate certificates, and be
accompanied by all appropriate documents, including a Platting Certificate.
Four mylar 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 31f2-
inch floppy disk.
32. That the applicant obtain Montana Department of Environmental Quality
approval of the subdivision prior to final plat approval pursuant to Sections
16.16.101 through 16.16.805 A.R.M.
33. That applicant submit with the final plat application, for review and approval
by the Planning Office, protective covenants, restrictions and articles of
incorporation for each phase of the preliminary plat as being party to the
homeowners' association of Harvest Creek Subdivision, which shall be
recorded and filed at the Gallatin County Clerk & Recorder's Office with the
final plat for each phase.
lIarVest.Cr~ekSrilJdlvlsli)n,.l'iIllliesV.Xi .~. Flndiu gs.of Fa.ct. and..O,'d er 15
-
.
34. That the applicant obtain written approval from the Bozeman Recreation and
Parks Advisory Board regarding the design and location of the dedicated
parkland for said major subdivision prior to final plat approval.
35. That utility easements as prescribed by the Subdivision Regulations be
provided on the final plat.
36. That the developer submit a formal development plan for the design of the
dedicated parkland for review and approval by the Superintendent of Facilities
and Lands signed by a certified landscape architect. Details of plantings,
species, topography, irrigation system, and any permanent park features shall
be shown and discussed with the plan. Construction of the parkland
improvements will be to City standards and must be completed with City
oversight. The dedication of public parkland located in Phase 9 and
installation of parkland improvements shall be addressed with the filing of the
final plat for Phase V.
37. That the final plat contain the minimum twenty (20) foot wide utility
easements on all side and rear property lines as required by the Subdivision
Regulations. The requirement of utility easements in the side property lines
may be waived when all local utility agencies and the Director of Public
Service agree in writing that utilities can be installed in the twelve (12) foot
wide and ten (10) foot wide utility easements along the front and rear of the
residential lots or other proposed easements and that utility easements along
the side property lines are not necessary.
38. That the final plat contain the following language that is readily visible with
lettering on the plat at a minimum width of _-inch placing future landowners
of individual lots on notice of the presence of high groundwater in the area of
the subdivision for review and approval by the Planning Office:
"Due to relatively high ground water table within the areas of
the subdivision, it IS not recommended that residential
dwellings with full basements be constructed without first
consulting a professional engineer. If daylight basements are
incorporated in the construction of residential dwellings, they
should not have a depth greater than (3) three feet below the
top of the curb of the street from which it is served."
39. All street names shall be reviewed and approved by the County Road and
Bridge Department and City Engineering Department.
40. Prior to filing of the final plat for each phase of the subdivision the applicant
must provide written documentation of a Memorandum of Understanding
from the County Weed Control District verifying the implementation of a
noxious weed management and revegetation plan.
ltarveiotC'rf,~k.s.i\l41WSmj,l'halIeIJV ~~(I.,FiI1dbtl:lJ(>tFllctand Order 16
~
. .
41. The final plat shall contain a notation stating that the development of each
phase will not interfere with any agricultural water user facility or irrigation
ditches for downstream water user rights.
42. Pedestrian crosswalk pavement markings and signs shall be installed on
Durston Road at the intersection with Valley Drive and Hunter's Way, and at
the intersection of Annie Street with Hunter's Way and Valley Drive.
43. Traffic calming devices and/or street design improvements, subject to review
and approval by the City Engineer, shall be installed at the intersections of
Valley Drive with Rose Street, Annie Street, and Farmall Street and at the
intersections of Springbrook Avenue with Rose Street and Annie Street.
44. No stormwater runoff swales and/or ditches shall be allowed in required yard
setbacks unless installed underground in properly designed piping reviewed
and approved by the City Engineer's Office.
45. There shall be a 25-foot setback along all subdivision lots in Phase V that
adjoin Durston Road and West Oak Street and noted accordingly in the by-
laws and protective covenants for review and approval by the Planning Office
prior to final plat approval of Phase V.
46. That the applicant install boulevard street lights within the dedicated right-of-
way at a regular spacing along all interior subdivision streets, intersection
lights at the major intersections with Durston Road and West Oak Street, that
comply with Section 18.50.035.A, Glare and Lighting, and that the applicant
provide a typical light fixture detail that demonstrates a fixture that deflects
light down and/or away from any adjoining residential district and shall not
detract from driver visibility on adjacent streets, for review and approval prior
to final plat approval. The by-laws and protective covenants of the
homeowners' association shall be amended to include language that requires
that all lights on residences shall comply with Section 18.50.035.A, Glare and
Lighting, and that the applicant provide a typical light fixture detail that
demonstrates a fixture that deflects light down and/or away from any
adjoining residential district and shall not detract from driver visibility on
adjacent streets.
47. 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.
48. That the developer shall enter in 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.
Ital'Ve#C'reekS..bdlvlslori,t>~!lV.XlSFlruIblgs"'fF'aeflilidOrder 17
..
. . .
49. That Farmall Street and Case Street shall be extended to the western
boundary, for future connection to Fowler Avenue.
50. That Valley Drive shall be offset from the existing Valley Drive by a
minimum of 90 feet, as reviewed and approved by the City Engineer, and that
it be renamed.
51. That, as development of Phase X is nearing completion, the developer shall
discuss the potential of neighborhood commercial development in Phase XI
and, if determined feasible, will submit the necessary applications to
accommodate said change in the land use prior to the filing of the final plat
for Phase XI.
52. A Class II trail, 15 feet in width, shall be provided, within a public access
easement at approximately mid-point through Blocks 16, 17, 18 and 20, with
traffic calming devices at those points where the trail crosses the street, with
the design and location subject to review and approval by the City
Engineering Office.
53. Prior to any development, the developer shall erect a wire mesh fence along
the western boundary of the property that will keep construction debris from
blowing onto adjacent properties and children and pets from crossing onto
adjacent private properties.
54. 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 for Phases 5-11.
55. That the applicant submit with the application for final plat review and
approval of Harvest Creek Subdivision a written narrative stating how each of
the conditions of preliminary plat approval have been satisfactorily addressed.
The preliminary approval of this subdivision shall be effective for three (3) years from the
date of Preliminary Plat approval, April 30, 2004. At the end of this period the City Commission may,
at the request of the subdivider, extend its approval for not more than the one (1) calendar year.
However, preliminary approval may be extended for more than one (1) calendar if the developer enters
into, and secures, an Improvements Agreement for the Subdivision.
DATED this 16th day ofJuly, 2001.
n~W~~~kSUbdlvl;.lon, r"-lly.xl...l/lI1dwEsorFlla lllldO..der
..
~ ,-
BOZEMAN CITY COMMISSION
7~~~
MARCIA B. YOUNGMAN, Mayor
ATTEST:
(/~;/ ~
ROBIN L. SULLIV AN
Clerk of the Commission
APPROVEP,~ TO FORM:
Hat.vestCI'll",...S\ibdl~'l6rt,Pt&esWXC~FlIldlllgsor Fact lIIId Order