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HomeMy WebLinkAbout98- John D. Marks for Kagy Crossroads , . . , KAGY CROSSROADS MAJOR SUBDIVISION FINDINGS OF FACT AND ORDER BEFORE THE BOZEMAN CITY COMMISSION GALLATIN COUNTY, MONTANA IN THE MATTER OF THE APPLICATION OF JOHN D. FINDINGS OF FACT MARKS FOR PRELIMINARY PLAT OF KAGY CROSSROADS AND ORDER ON BEHALF OF SCENIC DEVELOPERS, INC.. PURSUANT to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3- 614, Montana Codes Annotated, and the Bozeman Area Subdivision Regulations, Bozeman Area Master Plan, and Bozeman Zoning Ordinance, the Bozeman City Commission reviewed the proposed Preliminary Subdivision Plat of a major subdivision as submitted by the applicant on October 23, 1997, P..97 51, together with the required supplementary plans and information, to determine if the information submitted meets the requirements of the Bozeman Area Subdivision Regulations and the Montana Subdivision and Platting Act, and in addition, to listen to publie testimony coneerning the applieation. It appeared to the City Commission that all parties wishing to appear and comment were given the opportunity to do so, and as the City Commission was fully advised of all matters having come before it regarding this application, makes the following Findings of Fact, as required: FINDINGS OF FACT I. The application submitted by John D. Marks, for approval of a major subdivision dividing 21.64 acres, owned by Scenic Developers into ten lots on property located in the SEYt of Section 14, T.2S, R,SE, PMM, Gallatin County, Montana, otherwise known as the Kagy Crossroads Subdivision, was made on October 23, 1997. A varianee from Section 16.14.090.A, to allow the calculation of park land requirements based on lot size rather than the number of residential dwelling units, was requested after the required public notice was published in the newspaper. The variance was noticed and advertised to be heard separately from the hearing on the preliminary plat application. 1 , KAGY CROSSROADS MAJOR SUBDIVISION FINDIIvGS OF FACT AND ORDER II. The eomments of the Development Review Committee, along with those of the City-County Planning Staff, were incorporated into a Staff Report, including suggested conditions of approval, which was provided to the Bozeman City-County Planning Board for consideration at their December 2, 1997 regular meeting. Major areas of concern by the Development Review Committee were traffic generation and the accompanying need for mitigation of impacts, access to the property from S. 19th Avenue from a proposed drive located midway between Kagy Blvd. and Remington Way, looping of the water system and appropriate main line extensions, adequacy of downstream sewer interceptor capacity, and provision of adequate park land per the Bozeman Area Subdivision Regulations. III. The Bozeman City-County Planning Board considered the application at their regular meeting on December 2, 1997. 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 answered questions from the Board. The applicant made a presentation in favor of the requested preliminary plat. The applicant requested that condition 7 be deleted and conditions 8, 12, 13, 14, and 16 of the Staff Report be modified. He provided a written request to the Board explaining why eaeh specified condition was objectionable. The applicant's engineer requested a modification to conditions 6c and 17. The Planning Board then opened the public hearing. No members of the public were present and the public hearing was closed. The Planning Board considered the request by the applicant for a waiver of the requirement ofthe Environmental Assessment and Community Impact Statement. In considering the request the Planning Board found that the information required for the Environmental Assessment and Community Impact Statement was not adequately available as the Master Plan had recently been revised at the applicants request and denied the requested waiver. The applicant had been advised that Staff would not support the waiver at the pre-application stage of review. All required information was provided in the preliminary plat submittal and was reviewed along with the plat. 2 ~- , KAGY CROSSROADS MAJOR SUBDIVISION FINDINGS OF FACT AND ORDER The Board considered the applicant's request for modification of conditions. The Board found that the inclusion of requirements in the covenants of the subdivision relating to maintenanee of the storm water detention ponds, and the provision of an easement for the storm water pond was adequate. Therefore, they granted the applicant's request to delete condition 7 which required the storm water detention pond to be located in common open space. After considering the applicant's request for modification of condition 8 of the Staff Report the Board let the condition stand, but directed Staff to verify that the required looping to the existing 8" water line, as specified in the condition, would be of benefit to and service the subject subdivision prior to the City Commission decision on the project. The applicant's request for modification to condition 12 of the Staff Report had several components. The applicant requested to have all reference to the intersections of S. 19th Ave. and Lincoln, and Kagy Blvd. and S. 11th Ave. removed. After consideration the Board found that the reference to the intersection ofKagy Blvd. and S. 11th Ave. should be deleted and the reference to S. 19th Ave. and Lincoln should be maintained. The applicant also requested to have the requirement for the installation of a signal at the intersection of S. 19th Ave. and Kagy Blvd. modified to allow the installation of a temporary signal with no lane geometry improvements. The Board considered this request as well as the code requirement of Section l6.18.050.D.7(d)(3) which states that; "Arterial intersections and turning operations shall operate at level of service 'C"'. The community impact statement submitted by the applicant indicated that with build out of the proposed subdivision the east-west movement of the intersection would operate at a level of service F. Staff clarified that the intent of condition 12 is that the Developer pay for their proportionate share of the cost of improvements necessary to provide a level of service "C" at the intersection. Proportionate share is determined by the number of vehicles able to move through the intersection at a specific level of service and the proportion of those vehicles anticipated to be generated by the subject development. The Developer has the option to wait until other entities wholly fund the project. The signalization of the intersection ofS. 19th Ave. and Kagy Blvd. is included in the 1993 Transportation Plan Update. After discussion the Board found that the presence of the signalized intersection was necessary to ensure the health and safety of motorists in the proposed development and decided to have the condition stand largely as presented in the Staff Report. Clarifying language 3 . KAGY CROSSROADS MAJOR SUBDIVISION FINDINGS OF FACT AND ORDER was added to specifically state that the developer was responsible for their proportional share of the intersection improvements. Conditions 13 and 14 of the Staff Report recommended the prohibition of access points to the subdivision from S. 19th Ave. between Remington Way and Kagy Blvd. and the placement of a 1 foot no access strip along the S. 19th Ave. frontage of Block 1. The proposal of the applicant included a third access point from S. 19th Ave. approximately midpoint between the two public streets. The applicant offered four arguments in support of the middle access which are detailed in his December 2nd letter. The Development Review Committee advised against the middle access in the interests of public safety, specific concerns being: turning movements, traffic speed, and driver behavior. The Board discussed several different options relating to site access including frontage roads, no additional access points, and variations on limited access points. After discussion the Board voted on the idea of allowing a right turn in only option for the middle access. The motion failed on a vote of 3 for and 5 against. The Board then decided to allow conditions 13 and 14 to remain as presented in the Staff Report with additional language being added to condition 14 to specify that the access easement on Block I is to be improved in conjunction with the development of the first lot in Block 1. The Board then considered the request of the applicant for additional language to be added to condition 16 relating to the improvement of Remington Way to City standard. The applicant noted that the necessary right-of-way is in place for Remington Way or will be provided with the plat. Previously the Evangelical Free Church had waived their right to protest creation of SIDs to improve Remington Way. The applicant stated that he had repeatedly approached the church about participating in road improvements but had not received either a rejection or acceptance of participation. After discussion, the Board agreed with the applicant's assertion that the Evangelical Free Church should be responsible for developing their portion of Remington Way. The applicant stated that it was his preference to not use an SID as it would be more expensive than simply doing the street improvements but noted that if the church refuses to participate then the SID becomes the most fair way of accomplishing the work. The board members agreed to the inclusion of the request language, finding that it would not be detrimental to the provision of adequate infrastructure in 4 . KAGY CROSSROADS MAJOR SUBDIVISION FINDINGS OF FACT AND ORDER conjunction with development. The Board also modified the condition to require the landowners of the proposed subdivision to also waive their right to protest creation of special improvement districts for improvements to Remington Way. The Board then considered the request by C & H Engineering, the applicant's engineering firm, represented by Mark Chandler, to modify Condition 17. The requested modification would remove the portion of the condition which refers to finished lot grades and the third paragraph which references storm water facilities for individual lots. Mr. Chandler noted that these items are normally addressed during the site plan review stage when specific site details are known and that it would be difficult to correctly provide the information at the platting stage. He acknowledged that sufficient storm water facilities must be provided with the plat to accommodate street runoff from the developed subdivision. The Board, after discussion, agreed to the modification of the condition. A motion to approve the subdivision with some modifications to the conditions in the Staff Report was made and seconded. After a question from a board member the motion was amended to include an additional modification to a condition. On a vote of 7-1 the Planning Board voted to approve the subdivision with modifications to Staff conditions as follows: Condition 6c to be modified to assure the finished floor elevations are above the high water mark of the stream and that language referring to hydrological studies be deleted; that Condition 7 be deleted as staff could ensure the covenants designate responsibility for maintenance of the detention pond by the owner's association; that Condition 8 relating to water main looping be clarified and if the condition is applicable to an existing water main which does not service the development the language proposed by the applicant at the pubic hearing shall be incorporated in the condition; that Condition 12 be modified to exclude references to the intersection ofKagy Boulevard and South 11 th Avenue and that clarifications be made concernmg the applicant's proportionate responsibility for traffic improvements; that Condition 14 be modified to require installation of curb and gutter improvements to the internal access with the development of the :first lot in Block 1; that Condition 16 be modified to require a waiver of right to protest creation of special improvement districts for improvements to Remington Way and to include City of Bozeman support for an SID should the adjaeent landowners not reach an equitable financial agreement for said improvements; and that Condition 17 be modified 5 . . . . . KAGY CROSSROADS MAJOR SUBDIVISION FINDINGS OF FACT AND ORDER to strike references to individual lots and finished lot grades as this infonnation will be provided prior to final site plan approval. IV. The application was considered by the Bozeman City Commission at their regular meeting on December 15, 1997, at which time the recommendation of the Planning Board was reviewed by the Bozeman City-County Planning Staff. Planning Staff noted that the property had been officially annexed since the recommendation of the Planning Board was prepared. Therefore, Condition 1 of Planning Board Resolution P-97Sl could be modified to strike the language referring to annexation, but that the language referring to zone map amendments should be retained. Planning Staff also noted that Staffhad verified that the 8" water main referenced in Condition 8 of the Staff Report did service the proposed development and that as stated in the Planning Board minutes the condition should therefore remain as originally proposed. 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 AGRICULTURE: Effects will be minimal as the property is within the City and the property is not a part of an independent, viable fann unit. AGRICUL TURAL WATER USER FACILITIES The relocation of the central ditch/stream will require the issuance of a 310 pennit. The necessary easements to provide for ditch maintenance will be provided for with the plat. Section 16.14.050.C of the Bozeman Area Subdivision Regulations requires that quantity of water flow remain the same as prior to relocation. No change in flow is anticipated. The ditch along the western boundary of the subdivision will remain in its current location. A maintenance easement will be provided along the eastern edge of the ditch. No negative affect to agricultural water user facilities is found. LOCAL SERVICES The downstream sewer interceptor which services this property is currently at capacity and may not have adequate transmission capacity to the wastewater treatment plant to include additional flows from this development. A relief sewer is identified in the wastewater facility plan, which when constructed, will provide adequate capacity to serve this development. The applieant will need to provide a detailed sewer and water design report during the plans and specifications review to establish that adequate services are available. The proposed connection to the existing sewer under Research Drive will require the provision of a utility easement parallel to Garfield Street. The applicant will be responsible to construct any off site improvements necessary to provide service capacity. 6 . . . . KAGY CROSSROADS MAJOR SUBDIVISION FINDINGS OF FACT AND ORDER The 24" water main along the east side ofS. 19th Avenue will need to be extended to provide a primary water source to this development. As the 24" main is installed it will need to be connected to the existing 8" main in Remington Way. This second connection will provide the necessary looping to secure a second water supply. Without the second connection this subdivision would be on the end of a long "lollipop" which would be at hazard of loss of water service should a shut off of the 24" main be necessary. Modifications of internal subdivision infrastructure may be considered during plan and specification review to address the adequate provision of fire hydrants and correct stubbing to individual lots. The interseetion of Kagy Boulevard and S. 19th Avenue is currently functioning at a level of service F for some traffic movements. The proposed development is projected to generate approximately 5800 trips per day. Several other intersections will also suffer from unacceptable levels of service for some traffic movements due to traffic impacts from the proposed subdivision. Section 16.18.050.D of the Bozeman Area Subdivision Regulations requires that arterial intersections function at a level of service C. Unless the level of service is improved to a "C", the conditions do not exist to approve the subdivision. Several improvements are identified in the 1993 Transportation Plan Updatc and the traffic study submitted by the applicant in conjunction with his plat application which will address the insufficient levels of service. The intersection of S. 19th Avenue and Kagy Boulevard must have a traffic signal installed, accompanied by lane improvements, in order to carry the anticipated amount of traffic. As there is a known impact by this development on the intersection the developer must participate, on a proportionate share basis, in the improvements neeessary to provide a level of service C. A proportionate share of improvements to other intersections shown by the applicant's traffic study to be impacted by this development must also be provided. To maintain arterial street function, preserve public safety in traffic movement, and encourage proper traffic circulation, vehicular access to the development should be taken from Remington Way, Kagy Boulevard, and the proposed north-south street shown as S. 22nd Ave. on the preliminary plat. NATURAL ENVIRONMENT No material negative effects to the natural environment will be incurred. WILDLIFE AND WILDLIFE HABITAT No significant negative affects have been identified. PUBLIC HEALTH AND SAFETY The primary area of concern is the generation of additional traffic on Kagy Boulevard and S. 19th Avenue. Safety will be preserved by ensuring that properly functioning intersections and roadways are installed to service the development. Improvements to the intersections of S. 19th Ave. & Kagy Blvd., Remington Way, and Lincoln Road are necessary to maintain correct and safe traffic flows. The developer must partieipate in neeessary improvements to a degree proportionate to their impact on the named intersections. The intersections must function at a level of service C prior to final plat approval. B. COMPLIANCE WITH SURVEY REOUIREMENTS PROVIDED FOR IN PART 4 OF THE MONTANA SUBDIVISION AND PLATTING ACT. The survey requirements will be complied with when the final plat is filed. C. COMPLIANCE WITH THE BOZEMAN AREA SUBDIVISION REGULATIONS The subdivision must comply with the standards of Chapter 16.16 of the Bozeman Area Subdivision Regulations. A number of code requirements which must be complied with have been identified in the Staff Report. Some of the proposed conditions will ensure correct and proper compliance with the regulations. 7 . . . . KAGY CROSSROADS MAJOR SUBDIVISION FINDINGS OF FACT AND ORDER D. COMPLIANCE WITH THE REOUIRED SUBDIVISION REVIEW PROCEDURES. The application complies with the subdivision review procedures. E. PROVISION OF EASEMENTS FOR THE LOCATION AND INSTALLATION OF ANY PLANNED UTILITIES. Side and rear utility easements will be shown on the final plat unless written approval is granted by all the utility companies for front easements. Easements are required as indicated by the utility companies or the Bozeman Area Regulations and will provide adequate access for installation and connection to utilities in the future. F. PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEL Each lot will have legal and physical access via dedicated public streets. No members of the public spoke regarding the proposed development. VI. The public testimony portion of the public hearings was closed by the City Commission and following discussion by the City Commission, the City Commission found that the proposed subdivision complies with the Bozeman Area Master Plan, Bozeman Area Subdivision Regulations, and the Bozeman Zoning Ordinanee, if certain conditions were imposed. The evidence that justifies the conditions is to ensure that the final plat complies with all regulations, that appropriate and necessary water and sewer services are provided, and safe and appropriate vehicular and pedestrian circulation be provided. Several days after the City Commission had concluded the discussion and granted conditional approval to the subdivision, the City Attorney determined that the requested variance from park dedication requirements was not necessary. Subsequently, Condition 4 of the Planning Board Resolution, which had been accepted by the City Commission and included in their approval, became unneeessary and was removed from the list of conditions included in the Order below. ORDER IT IS HEREBY ORDERED that the Preliminary Subdivision Plat of a major subdivision Scenic Developers, Inc. be therefore approved, subject to the following conditions: 1. The approved Zone Map Amendments shall be enaeted by ordinance prior to the Final Plat approval. 2. Access from the Payne property to the south shall not occur at the intersection ofKagy Blvd. and S. 19th Ave. The access point shall be established during the Plan and Specification review for the extension ofKagy Blvd. 8 . , . . . KAGY CROSSROADS MAJOR SUBDIVISION FINDINGS OF FACT AND ORDER 3. The access easements on Block 1 shall be noted as "Public Access" easements. 4. The Montana Department of Fish Wildlife and Parks, NRCS, Montana Department of Health and 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.) obtained prior to Final Plat approval. S. Ditch relocation: a. The Montana Department ofFish, Wildlife and Parks shall be contacted by the Applicant regarding any proposed ditch/stream reloeation and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained and a copy thereof provided to the City of Bozeman prior to relocation. b. Pursuant to Section 16.14.050 of the City Code, a 20' ditch and utility easement shall be provided along the water course (15 feet on one side of the water course and 5' on the other). The 15' width shall be located within the Kagy Crossroads Subdivision and be indicated on the final plat. However, it is strongly recommended that this area be established as common open space to preclude future encroachment and maintenanee problems which typically oceur with ditch easements on private property. c. Pursuant to Section 16.14.130 of the City Code, a 35' minimum building setback from either side of the water course high water mark shall be delineated on the final plat. The setback must account for any channel meandering. The final plat shall contain a requirement that finished floor elevations be established above the high water mark. 6. The existing 24-inch D.I.P. water main whieh terminates at the intersection of Lincoln and South 19th shall be extended as a 24-inch line to the south side of the Kagy Boulevard right-of-way along the east side of South 19111 A venue. The location of the proposed water main in Kagy Blvd. shall be on the south side of the roadway. The correct location of all water and sewer lines shall be indicated in Plan and Specification submittals. The existing 8 inch water main running east-west just south of Remington Way will be conneeted to the proposed 24-inch D.I.P. main. Fire hydrant locations shall comply with WQB 1, Montana Department of Health and Environmental Quality Standards for Water/Wastewater Works 8.3.1 and the Uniform Fire Code Appendix III A and III B. Water service stub sizes shall be reconsidered as larger lots are likely to require larger sizes than indicated. Lot 1, Block 3 may require a future 6" main to allow for adequate flows and fife hydrant location. An 8" sewer stub for Lot 1, Block 3 from the manhole at the intersection of Remington Way and S. 22Dd would allow for a future main extension to serve multiple buildings. 7. Plans and Specifications and a detailed design report for water and sewer main extensions and the publie streets, 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 (DEQ). The applicant shall also provide Professional Engineering services for Construction Inspection, Post- Construction Certification, and preparation of mylar Record Drawings. The design report shall verify that the capacity of the existing system at the time of connection is adequate to provide service to this development. Any off-site improvements needed to provide service shall be in place and accepted by the City of Bozeman prior to Final Plat approval. 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. 8. Regarding any over-sizing agreement with the City for installation of the required 24-inch water main; Any such agreement must be approved by the City Commission and must be executed prior to approval of the plans & specifications for the water main extension. This agreement shall define the terms under and the extent to which the City will participate in the payback of the oversized portion of the main. The final amount paid by the City will be based on the actual bid prices obtained by the developer. Only the water main in South 19th Avenue will be considered in the agreement. The City will pay only for the cost difference between the main size needed to serve this development and the 24 inch master-planned water main. The calculations and 9 . . .. ~ . KAGY CROSSROADS MAJOR SUBDIVISION FINDINGS OF FACT AND ORDER assumptions used to establish the main size required by the development shall be approved by the City Engineering Department prior to plan and specification approval. 9. Easements for any 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 edge of easement. All easements which may be required for off-site utility extensions (e.g., Garfield Street or Research Drive) must be provided prior to Plan & Specifieation approval. The developer is responsible for restoration of off-site facilities disrupted by infrastructure installation (i.e., Research Drive). 10. As stated in Chapter 16.18.050 D.7. of the Subdivision Code, "Arterial intersections and turning movements shall operate at level of service "C"". Therefore, all improvements necessary to provide a level of service "C" at the intersections directly impacted by this subdivision shall be constructed, in participation with other entities on a proportionate share basis, prior to filing of the Final Plat. These intersections are; Kagy Boulevard at South 19th Avenue, and Remington Way at South 19th A venue. The final character and configuration of the required improvements must be approved by the City Engineer as part of the Plan and Speeification review process. In addition, the developer of this subdivision will be required to participate in funding of improvements the intersections of S. 19lh Avenue at Lincoln Road. This participation will be in an amount proportional to the percentage by which traffic volume at those intersections will be increased by this development. The estimated cost for the mitigating improvements shall be identified in the revised Traffie Impact Analysis. 11. The traffic impact analysis submitted must be revised to reflect the full impacts of the development on traffic and levels of service without considering any approaches off of South 19th A venue between Remington Way and Kagy Boulevard. 12. A one foot no access strip prohibiting direct access to South 19th A venue shall be provided along Lots 2,3, & 4 and 5, Block 1. In conjunction with this requirement the 30 foot access easement west of lots 2,3,4 and 5, block 1, shall be improved for use as a public access by installation of curb & gutter and pavement in conjunction with development of the first lot in Block 1. 13. Kagy Boulevard west of South 1 9th. Avenue shall be constructed 32 feet wide from back of curb to edge of pavement with curb, gutter and sidewalk along the north side. Dead end barricades shall be installed to the City Standard. 14. Remington Way shall be constructed to City Standard width (37 feet baek of curb to back of curb) with curb, gutter and sidewalk on both sides. Dead end Barricades shall be installed to the City Standard. Any existing easements for Remington Way which do not coincide with the approved proposed alignment must be properly abandoned. If a temporary cul-de-sac is located at the end of Remington Way it is recommended that the cul- de-sac be located on a temporary easement on the property adjoining the subdivision to allow for the eomplete construction of the street improvements. However if the cul-de-sac is located on Lot 1, Block 3 or Lot 3, Block 2, the developer shall provide adequate financial guarantee for the cost of extending the curb, gutter and sidewalk to the west property line when Remington Way is extended and the cul-de-sac is abandoned. The landowner shall provide a waiver of right to protest creation of special improvement districts for improvements to Remington Way. The City of Bozeman will support an SID for roadway improvement in the event the developer and adjacent land owners can not reach an equitable financial agreement for the costs associated with the improvements. 15. 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. 10 . f . ~ ~ 4 ' . . .. KAGY CROSSROADS MAJOR SUBDIVISION FINDINGS OF FACT AND ORDER The master plan must depict the maximum sized retention 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 sufficient site grading and elevation information (particularly for the basin site and drainage ways), typical stormwater detention/retention basin and discharge structure details, basin sizing calculations and a stormwater maintenance plan. Note: It will ultimately be the responsibility of the Property Owner's Association to ensure that the Maintenance Plan is consistently enforced. Its further recommended that implementation of the Plan be included in the covenants and therefore a condition of plat approval. Finish lot grading, drainage, and detention shall be provided through site plan reView processes. 16. All code requirements identified in this staff report shall be complied with. 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 proeedures of Section 76-3-625, M.C.A. DATED this 17th day of February ,1998. BOZEMAN CITY COMMISSION BY~~ 41/ Alfre . Stiff, Mayor ~T: QJ~#~ Robin L. Sullivan Clerk of the Commission 11