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HomeMy WebLinkAbout01- Headlands Subdivision . . BEFORE THE BOZEMAN CITY COMMISSION ; - IN THE MATTER OF THE APPLICATION OF FINDINGS OF FACT BRIDGER HEADLANDS GROUP, L.L.C., FOR AND ORDER PRELIMINARY PLAT REVIEW OF HEADLANDS SUBDIVISION PLANNED UNIT DEVELOPMENT, 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, before the Bozeman Planning Board on Tuesday, July 17,200 I, and before the Bozeman City Commission on August 6, 2001, on the above-entitled application. The applicant presented to the City Commission a proposed preliminary subdivision plat for thirty-two (32) 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 I. The complete application for the preliminary subdivision plat rcview of Headlands Subdivision PUD was submitted to the Bozeman Planning Office on May 24, 200 I. Thc applicant to provide ample time to schedule a public hearing before the City Commission granted an extension to the 60-day review period to consider the preliminary plat application. The preliminary subdivision plat, as proposed, will subdivide 26.606 acres of land into thirty-two (32) single-family residential lots. All residential lots will be served by City of Bozeman water and sanitary sewer services, and will be accessed by Bridger Drivc and a network of interior local subdivision streets; Headlands Drive, Buck's Run Court, Snow Flake Court, Alpine Court, Deer Park HEADLANDS SlIRDlVISION P.li.D. - FINDINGS OF FACT AND ORDER I I , i - Court, and Powder Park Court. Approximately 2.622 acres of parkland will be designated for public use with this application and deeded to the homeowner's association for maintenance and upkeep of all park lands and designated open space areas. 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 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 Planning Board on July 17, 200l. The Planning Staff reviewed the project at that time and discussed the recommended conditions of the Development Review Committee, including the proposal for private interior subdivision streets without the installation of curb, gutter and sidewalks, dedicated park land, public trail, pedestrian access along Headland Drive, and access to the subdivision from Bridger Drive. IV. Van Bryan of Apogee Architects, applicant for Bridger Headlands Group, L.L.c., responded to questions by the Planning Board and discussed the concept of the subdivision design, controlled access from Bridger Drive, landscape design, alignment of interior private streets, turn-around cul-de-sac streets, and orientation ofthe future residential dwellings. V. The public meeting portion on this matter was opened to receive public testimony. After three calls for public testimony and after receiving no public comment, the public meeting p011ion of the preliminary plat application was closed. VI. After finding that the Preliminary Plat was properly submitted and reviewed under the procedures ofthe Bozeman Area Subdivision Regulations, the City of Bozeman Zoning Regulations, and the Bozeman Area HEADLANDS S(lBOIVISION P.(I.D. - FINDINGS OF FACT AND ORDER 2 I ; - Master Plan, the Planning Board reviewed and consi.dered 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 PlanD ing Staff and Development Review Committee, and discussed issues related to the private street standards, trail system, subdivision design, urban density, and relationship to surrounding rural neighborhoods. 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-0117 with the conditions recommended by the Planning Staff with the exclusion of condition number three (3) and number four (4) regarding the installation of curb and gutter, and city standard sidewalks on all subdivision streets. VIII. The matter was considered at a public hearing before the City Commission on Monday, August 6, 200 I. The Planning Staff reviewed the project at that time and forwarded the Planning Board's recommendation of conditional approval to the City Commission. Van Bryan, representing Bridger Headlands Group, L.L.c., discussed the concept of the subdivision design, private streets with cul-de-sacs, orientation of future residential dwellings, view sheds, and the movement of wildlife through the subdivision. IX. The public hearing p0l1ion on this matter was opened, with four (4) individuals from the general public voicing testimony in opposition to streets without curb, gutter and sidewalks, need for boulevard trees at urban standards, impact on future flooding patterns, traffic impacts, and diminishing wildlife habitat. After considering the public testimony, stafrs recommended conditions of approval, and discussing maintenance of open space areas and public parkland, traffic impacts to the area, boulevard streetscape, and paybacks for a sewer main extension, and after no Commissioner objections, the public hearing on this matter was closed. HEADLANDS SlIBDlVISION P.lI.D. - FINDINGS OF FACT AND ORDER 3 I . . X. I. 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, MCA 1999 and found as follows: 76-3-608(3)( a): 1) EFFECTS ON AGRICULTURE: Historically, the subject property has been used for agricultural purposes with the majority of the 26+ 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, 26+ acres of good producing agricultural land will be eliminated from agricultural activity based on the Soil Maps. However, the area of the subject property is not of a substantial size to accommodate a viable farmstead. The area is also identified for Urban Residential development on the Land Use Plan Element of the Bozeman Area Master Plan and is considered a reasonable area for urban infill and suburban residential growth. 2) EFFECTS ON LOCAL SERVICES: Municipal infrastructure is located in general proximity to the preliminary plat and is gcnerally accessible to the subdivider in order to develop at urban densities. The cost of extending infrastructure to the propcrty 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 req uired infrastructure improvements. 3) EFFECTS ON NATURAL ENVIRONMENT No significant physical or topographical features have been identified on said lands proposed for 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 and landscape 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 A T 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 significant effects on any wildlife and wildlife habitat should occur as a result of the HEAOLANDS SI'BDIVISION p.tI.n. - FINDINGS OF FACT AND ORDER 4 I . . proposed subdivision. Design features incorporated into the subdivision will allow for the movement oC wildlife to continue though the proposed development. 5) EFFECTS ON PUBLIC HEALTH AND SAFETY The Bozeman Development Review Committee (D.R.C.) reviewed the application for Preliminary Plat review of Headlands Subdivision P.U.D. to create thirty-two (32) 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 D.R.C. The conditions of Preliminary Plat approval, recommended by the Development Review Committee and other applicable review agencies, was 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 said subdivision prior to filing the final plat at the Gallatin County Clerk and Recorder's Office. All subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, M.C.A., 1999 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.C.A. (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-O 105 to the Bozeman City Commission for final action on the proposed major subdivision. 76-3-608(3)(c), M.C.A. HEADLANDS SIIRDJVISION P.II.D. - FINDINGS OF FACT AND ORDER 5 I - . (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 existing Bridger Drive. Direct access to each individual lot will occur from interior local subdivision streets built to private street standards and located within 60-foot wide dedicated rights-of-way. No direct access to Bridger Drive 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 Headlands Subdivision Planned Unit Development, 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 4 to 0, that the Preliminary Subdivision Plat to create thirty-two (32) single-family residential lots known as Headlands Subdivision Planned Unit Development, 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 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. HEADLANDS SUBDIVISION P.II.D. - FINDINGS OF FACT AND ORDER 6 I . . . . 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. City En'.!ineer ',I' Office: J. Storm water Master Plan: A Storm water Master Plan for the subdivision for a system designed to remove solids, silt, oils, grease and other pollutants from the 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 storm water receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin site, drainage ways and finished lot grades), typical storm water detention/retention basin and discharge structure details, basin sizing calculations and a storm water maintenance plan. Any storm water ponds located within a park or open space shall be designed and constructed to be conducive to the normal use and maintenance of the open space. Storm water 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 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 FSP 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 Final Plat approval. City standard residential sidewalks shall be constructed on all public street frontages at the time the streets are constructed. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements. 4. The property owner shall provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of SlOs for the following: HEADLANDS SllBDlVISION P.II.D. FINDINGS OF FACT AND ORDER 7 I . . . . a) Signalization of the intersection of Story Mill Road and Bridger Drive. The documents filed shall specify that in the event an S.1.0. 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. 6. The location of existing water and sewer mains shall be properly depicted. Proposed main extensions shall be noted as proposed. 7. The Montana Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineer's shall be contacted regarding the proposed project and any required permits (i.e., 310,404, Turbidity exemption, etc.) shall be obtained prior to FSP approval. 8. 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. 9. Project phasing shall be clearly defined including installation of infrastructure. ]0. That the landowners execute the Annexation Agreement for said property and that the City Commission formally adopt the request for annexation by Resolution prior to the applicant submitting for final plat review and approval. II. That the landowner address the necessary contingencies of the Zone Map Amendment application to establish an initial municipal zoning designation of "RS", Residential Suburban District, on the subject property, and that the City Commission formally adopt the zone map amendment by Ordinance prior to the applicant submitting for final plat review and approval. 12. That the final plat shall comply with Section 16.10.030 of the Bozeman Arca Subdivision Regulations, and shall include all appropriate certificates, and be accompanied by all appropriate documcnts, including a Platting Certificate. Five (5) blue line paper prints and four (4) 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 3Yz-inch floppy disk. 13. That the applicant obtain Montana Department of Environmental Quality approval of the subdivision prior to final plat approval pursuant to Sections 16.16.1 01 through] 6.16.805 A.R.M. 14. That applicant submit to the Planning Office revised protective covenants, restrictions and articles of incorporation based on the comments outlined in the staff report, at Icast thirty (30) days prior to submitting an application for final plat, for review and approval by thc Planning Office, which shall be recorded and filed at the Gallatin County Clerk & Recorder's Office with the final subdivision plat. IS. That the applicant obtain written approval from the Bozeman Recreation and Parks Advisory Board regarding the final design and location of the public pedestrian trail along Bridger Drive, as well as the dedicated parkland(s) for said major subdivision prior to final plat approval. 16. That the applicant 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 HEADLANDS SllBDIVISION P.ll.D. - FINDINGS OF FACT AND ORDER 8 I . . . . . . . shown and discussed with the plan. Construction of the parkland improvements will be to City standards and must be completed with City oversight. 17. That utility easements as prescribed by the Subdivision Regulations be delineated accordingly by dimensions on the final plat. 18. That the final plat contains 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. 19. That the final plat contain the following language that is readily visible with lettering on the plat at a minimum width of l!4~inch in height, 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 or crown ofthe street from which it is served." 20. All street names shall be reviewed and approved by the County Road and Bridge Department and City Engineering Department. 21. That the applicant provide usable water rights, or cash in-lieu of water rights thereof, in the amount to be determined by the Director of Public Service, prior to final plat approval. 22. Prior to filing of the final subdivision plat the applicant must provide written documentation of an approved Memorandum of Understanding from the County Weed Control District vcrifying the implemcntation of a noxious weed management and revegetation plan. 23. The final plat shall contain a notation stating that the development of each phase of the subdivision will not interfere with any agricultural water user facility or irrigation ditches for downstream water user rights, and that it also be noted accordingly in the by-laws and protective covenants for the homeowners' association. 24. That thc homeowner's by-laws, protective covenants and restrictions, and final subdivision plat define the required yard setbacks for each individual subdivision lot to confirm compliance of each individual single family dwelling with the Zoning Ordinance. 25. 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, unless the applicant's professional engineering states in writing that said permits are not required with this subdivision proposal. HEADLANDS SllRDlVISION P.ll.D. - FINDINGS OF FACT AND ORDER 9 I ., . , . . 26. That the applicant prepare a cultural resource survey of said property as requested by the Montana Historical Society with documentation of a written response of approval from the historical society included with the Final Plat application for review and approval by the Historic Preservation Officer. 27. That the applicant provide with the final subdivision plat application documentation of obtaining all necessary encroachment permits approved by the Montana Department of Transportation for access onto Bridger Drive. 2S. 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. 29. 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 ofthe remaining improvements. 30. 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 said subdivision. 31. 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, or 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 (I) 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. DA TED this 3rd day of December ,2001. BOZEMAN CITY COMMISSION M~~trc-- HEADLANDS SllBDlVISION P.II.D. - FINDINGS OF liACT AND ORDER 10 I . . t, . . , ATTEST: (' ~/~~ Robin Sullivan, Clerk of the Commission HEADLANDS SllBDlVISION P.I:.D. - FINDINGS OF FACT AND ORDER 11 I