HomeMy WebLinkAbout01- West Meadows Subdivision
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BEFORE THE BOZEMAN CITY COMMISSION
GALLA TIN COUNTY, MONT ANA
IN THE MATTER OF THE APPLICATION OF EUGENE FINDINGS
GRAF III ET AL., REPRESENTED BY RAY CENTER OF FACT
FOR ROCKY MOUNTAIN ENGINEERING AND AND ORDER
MIKE POTTER FOR PC DEVELOPMENT FOR
PRELIMINARY APPROVAL OF WEST MEADOWS
SUBDIVISION
This matter came before the Bozeman City Commission on October 1, 2001, for review and
decision pursuant to the Montana Subdi vision and Platting Act, Section 76-3-101 through 76-3-625,
Montana Codes Annotated, and the Bozeman Area Subdi vision 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 128 single-family lots with associated
open space/stormwater detention areas as submitted in its original form on August 13,2001. 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 come before it regarding
this application, the Commission makes the following Findings of Fact, as required:
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FINDINGS OF FACT
I.
On August 13,2001, Eugene Graf III and Yvonne Jarrett, individually and as co-personal
representatives of the Estate of Genevieve S. Graf, represented by Ray Center, Rocky Mountain
Engineers and Mike Potter, PC Development, submitted an application for approval to create West
Meadows Subdivision, a major subdivision dividing 63.5 acres into 128 single family lots with
associated open space/stormwater detention areas. The property is located in the SWlf,1 of Section 19,
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 three variances
from the Subdivision Regulations to allow: the interior streets to be 33 feet back-of-curb to back-of-
curb, interior streets to be privately maintained, and interior streets to have roll-over curbing.
ll.
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.
Ill.
Notice of the time and date of a public meeting before the Bozeman Planning Board and a
public hearing before the Bozeman City Commission was posted at the site and also published in the
Bozeman Daily Chronicle on September 2, 200l. Said notice also served to inform interested
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persons that materials were available for review at the Bozeman Planning & Community
Development Department.
The Bozeman Planning Board considered the application at its regular meeting on September
18,2001. 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 of the requested subdivision and agreed to
most conditions presented in the Staff Report.
The Planning Board then opened the public hearing. There were no comments from the
general public regarding the proposed subdivision. 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.
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 6 in favor and 0 in opposition. The motion, to recommend approval of the
requested variances, passed on a unanimous vote of 6 in favor and 0 in opposition.
IV.
The application was considered by the Bozeman City Commission at its regular meeting on
October 1, 2001, at which ti me the reconunendation of the Planning Board and information compiled
by City staff was reviewed.
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V.
The application was considered by the Bozeman City Commission and weighed against the
review criteria established by Statute, and the City Commission found as follows:
A) PRTMAR Y REVIEW CRITERIA
1. Effects on Agriculture.
The subdivision of this property shall remove approximately 54 acres in agricultural
production. The area is seeded to peas. The subject property was under agricultural production last
year, but has anticipated the encroaching development to further limit the site as being viable for
farming. There are no agricultural lands adjacent to the subject property.
2. Effects on Agricultural Water User Facilities.
There is an existing irrigation/drain ditch, which flows north from the southwest area of the
subject property. The water rights are owned by the owner/developer, and there are no downstream
users or water rights. The irrigation/drain ditch will remain in operation until Phase 2 of the
development occurs at which time, the ditch may be relocated, piped, or abandoned as has been
addressed in Engineering condition #24. There are three detention areas proposed with the major
subdivision. Design and specifications of this area will be reviewed with final plat submittal
(condition #19).
3. E,lieets on Local Services.
Water/Sewer: Water/Sewer services can be provided by connection to existing main lines
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located to the east of the subject property in Graf Street. 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 #18 and #19.
Streets: Street improvements, including city standard sidewalks are addressed in
recommended conditions #19 and #20.
4. Effects on the Natural Environment.
Stormwater and drainage will be addressed through condition #18. 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 agricultural use and the development of surrounding lands, no
significant adverse effects on wildlife or their habitat have been identified on the property.
Preservation of wetland areas and riparian corridors along the east and west boundaries of the
property will be maintained. Access to the Sourdough Trail for the public will be enhanced by the
creation of additional trails through the proposed development.
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 #19 and #20).
ill COMPLIANCE WITH SURVEY REQUIREMENTS PROVIDED FOR IN PART 4 OF
THE MONTANA SUBDIVISION AND PLATTING ACT. The subdivision complies or
will comply with survey requirements of the Act.
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g COMPLIANCE WITH THE BOZEMAN SUBDIVISION REGULATIONS.
With conditions, the final plat will comply with the regulations.
ill COMPLIANCE WITH THE REQUIRED SUBDIVISION REVIEW PROCESS.
The meeting before the Planning Board and hearing before the City Commission have been
properly noticed, as required in the Subdivision Regulations. The notice was mailed to all adjoining
property owners by certified mail on August 30,2001, and the notice was published in the Bozeman
Daily Chronicle on September 2, 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.
El PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEL.
Legal and physical access to each parcel is provided from existing streets through the
subdi vision.
ORDER
After considering all matters of record presented at the public hearing, the City Commission
found that the proposed subdivision would comply with the Bozeman Area Master Plan and the
requirements of the Bozeman Area Subdivision Regulations, the Montana Subdivision and Platting
Act, and the Bozeman Zoning Ordinance, if certain conditions were imposed. The evidence, as
stated or referenced in the Findings of Fact, justifies the imposition of the conditions ordered herein
to ensure that the final plat complies with all applicable regulations and all required criteria.
THEREFORE, IT IS HEREBY ORDERED that the Preliminary Subdivision Plat of West
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Meadows Subdivision for Eugene Graf III et aI., be approved, including the three requested
variances, subject to the following conditions:
Project Specific Conditions:
Planning:
1. Project phasing shall be clearly defined including installation of infrastructure.
2. Prior to final plat approval, a Memorandum of Understanding shall be entered into by the
Weed Control District and the subdivider for the control of county declared noxious
weeds and for erosion control along the stream channel for two growing seasons after
relocation of the stream channel. A copy of this Understanding must be provided to the
Planning Department.
3. All street names for interior streets must be approved by the County Road & Bridge
Department and City Engineer to eliminate duplication of names countywide.
4. The common lot line between Lots 97 and 98 shall be realigned to better match the alignment
of the proposed sewer main. The realignment shall be subject to review and approval by the
Water and Sewer Superintendent.
5. The Final Plat shall show the front, side, rear, and comer side yard setbacks for all residential
lots subject to setback requirements effective at time of lot development.
6. The Protective Covenants shall provide architectural/development guidelines for the comer
side lots fronting Graf Street.
7. Within the Protective Covenants, there shall be noted that the rear alley areas (30' right-of-
way) shall be maintained free of parked cars, debris, tool sheds, etc.
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8. The Final Plat shall indicate rear yard setback lines for Lots 84 and 85 to avoid any
structures, including fences being built near the stand of mature trees or within the wetland
area. Within the covenants, it shall be stated for Lots 84 and 85 that any proposed fence shall
be constructed along the rear property setback lines (not property line) to ensure protection of
mature trees and wetland areas.
9. Applicant shall provide a soils report, recommending types of foundations. If development
shall occur in phases, the soils report may address those lots within the proposed phase. This
report shall be subject to review and approval from the Building Department prior to filing
the final plat.
10. The proposed trail areas shall be overlaid with a 20' wide public access easement and shown
on the final plat.
11. Within the proposed trail areas, there shall be a Class II trail constructed (3/8 minus gravel
with a clay binder rolled). Trail layout and design must take into account the detention pond
locations and safe passage through the wetland areas. Provisions within the covenants shall
provide for the care and maintenance of these areas, which will ensure usability for the
homeowners and general public.
12. Applicant shall contact Montana Fish, Wildlife and Parks for their review and approval,
regarding proposed trail layout and design, including any walkways needed through wetland
areas.
13. Street lighting shall be incorporated into the subdi vision by one of the following: a) applicant
shall install adequate street lighting throughout the subdivision. Lighting shall be maintained
by means of the Homeowners Association through Protective Covenants; or b) applicant
shall participate in a Street Lighting District. Street lighting will provide the necessary
lighting in accordance with applicable national safety standards consistent with the
preservation of dark skies. All subdivision lighting provided shall conform to Section
18.50.035 of the Bozeman Zoning Ordinance and/or standards previously approved by the
City Commission. Details and specifications (cut sheets), including bulb type and size, and
locations shall be provided with the final plat and subject to review and approval by the
Planning and Engineering Departments.
14. A declaration of covenants for West Meadows Subdivision 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, pedestrian facilities, and storm water facilities.
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Code Provisions:
Planning:
15. The Pinal Plat shall conform to all requirements of the Bozeman Area Subdivision
Regulations and the Uniform Standards for Pinal 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 issued no later than
thirty (30) days prior to final plat submittal, and all required and corrected certificates. The
Pinal 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 3-1/2" floppy disk; and five (5) paper prints.
16. 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.
17. 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.
Engineering:
Stormwater Master Plan:
18. 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 detentionlretention 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
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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 each
lot, the maximum sizing of the stann 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 Plat for each phase.
19. 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.
20. 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 Final Plat approval. City standard
residential sidewalks shall be constructed on all public street frontages of a property at the
time the street is constructed unless a variance is requested and granted by the City
Commission.
21. The location of existing water and sewer mains shall be properly depicted on the
infrastructure plans. Proposed main extensions shall be noted as proposed.
22. Flood plain:
a) A Flood Plain Development Permit must be obtained from the City Engineer prior to
any construction activity within the delineated lOa-year floodplain.
23. 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.
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24. Ditch relocation:
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 prior to Final Plat approval.
b. The Applicant shall obtain written permission from the Ditch owner for the proposed
relocation.
25. 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.
Additional Conditions Added by City Commission:
26. Parkland dedication deficiency of 0.8 acres shall be made by additional land dedication
along Sourdough Trail and shown on the Final Plat.
27. Additional natural landscaping, consistent with that ofthe surrounding environment, shall be
planted along the west side of Sourdough Trail from a point north of Lot 12, near Creekmore
Circle, south approximately 300 feet including the entire lot length of Lot 11.
This City Commission order may be appealed by bringing an action in the Eighteenth District
Court of Gallatin County, within 30 days after the adoption of these Findings by the City
Commission, by following the procedures of Section 76-3-625, M.C.A. The preliminary approval of
this subdivision shall be effective for three years from the date of adoption of these Findings by the
City Commission. At the end of this period the City Commission may, at the written request of the
subdivider, extend its approval as provided for in the Bozeman Subdivision Regulations.
DATED this 12th day of~, 2001.
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BOZEMAN CITY COMMISSION
By: fh-:J (] to-
Marcia B. Youngman, Mayor
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Robin L. Sullivan
Clerk of the Commission
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