Loading...
HomeMy WebLinkAbout98- Westfield South Subdivison, Phase 2 . t , . . WESTFIELD SOUTH SUBDIVISION PHASE 2 PRELIMINARY PLA T FINDINGS OF FACT AND ORDER BEFORE THE BOZEMAN CITY COMMISSION GALLA TIN COUNTY, MONT ANA IN THE MATTER OF THE APPLICATION OF THOMAS, FINDINGS OF FACT DEAN & HOSKINS FOR PRELIMINARY PLAT OF WESTFIELD AND ORDER SOUrH SUBDIVISION PHASE TWO, ON BEHALF OF CARTER WILLIAMS, ET AL. PURSUANT to the Montana Subdivision and Platting Act, Scction 76-3-101 through 76-3- 625, Montana Codcs Annotated, and thc Bozcman Arca Subdivision Regulations, Bozeman Arca Master Plan, and Bozeman Zoning Ordinance, the Bozeman City Commission reviewed thc proposed Prcliminmy Subdivision Plat for a twenty-eight lot major subdivision as submitted in its Oliginal fonn by the applicant on March 20, 1998, P-9814, together with the required supplementary plans and infbnnation, to dctcrrnine if thc information subm itt cd 'meets the requirements of the Bozeman Arca Subdivision Regulations and the Montana Subdivision and Platting Act, and in addition, to listen to public testimony concerning the application. It appcared to thc City Commission that all parties wishing to appear and comment wcre given the opportunity to do so, and as the City Commission was fully adviscd of all matters having come bei'Ore it regarding this application, makes the following Findings of Fact, as rcquired: FINDINGS OF FACT 1. The application submittcd by Thomas, Dcall & Hoskins for approval to create Phase 2 of the Westfield South subdivision, a major subdivision dividing 10.677 acres, owncd by Cartcr Williams, et aI., into twenty-eight lots on propcrty locatcd in thc SE "Yt of Section 24, T.2S, R.SE, PMM, Gallatin County, Montana, was made on March 20, 1998. All lots in the subdivision are for residcntial purposes and othcr uses as aUowcd by the applicable zoning regulations. During thc rcview by the Development Review Committee the applicant decided to request a variance from Section 16.14.040 of the Bozeman Area Subdivision Rcgulations. The variance was a request to not be rcquircd to place sidewalks concurrcnt with construction of street improvements or provide a fmancial guarantee, but to rather be allowed to install thc sidewalks in conjunction with the construction of cach homc on an inclividuallot. 1 . . WESTFIELD SOUTH SUBDIVISION PHASE2 PRELIMINARY PLA T FINDINGS OF FACT AND ORDER II. Thc comments of the Development Review Committee, along with those of the City-County Planning Staft: were incorporated into a Staff Report, including suggestcd conditions of approval, which was provided to thc Bozeman City-County Planning Board for consideration at their May 5, 1998 regular meeting. III. The 130zcman City~County Planning Board considered the application at their rcgular mecting on May 5, 1998. The Planning Board found that the application was properly submitted and reviewed tindcr thc proccdures of thc Bozeman Arca Subdivision Regulations and the Bozeman Area Zoning Ordinancc. Staff reviewed the staff report and notcd that Staff requests that Condition Eleven be removed as thc mattcr it addrcssed had been determined to be addrcsscd through othcr means. Staff supported the waivcr of the Community Impact Statement and Environmental Assessmcnt as thc required inf'Ollnation had been provided with the Westfield South Phase 1 subdivision rcview. Staff advised the Planning Board and public that the subdivision would be rcvicwcd by both the City and County Commissions as a pOltion of thc subdivision to be dedicated for right-of-way was outside of the City boundarics. Noticc ofthe County Commission public hearing on thc matter had been properly advertised. Staft' reviewed the fmdings which justified the conditions, noting especially Condition Seven which addresses sewer capacity. Under the terms ofthe annexation agreement relevant to this property it was made clear that scwcr capacity to service this area was uncertain. During the rcview by thc City Engineering oftice it was dctcrmincd that capacity docs not cxist to servc this development. Therefore, a condition of approval for this project is that all necessary work be completed to providc adequatc scwer capacity to serve this subdivision. Staff reviewed the request for thc variance, noting the four critet1a against which a variance must be reviewed. Staff noted that thc subdivision regulations had recently been updatcd and that thc Planning Board and Commissions had found that the requircmcnt for concurrent sidewalk installation with street improvements best addressed thc issues of public health, welfare, and safety, and potential public liability. The property involvcd is unrestricted by topography or other physical feature. For these rcasons Staft'did not suppOli thc variancc rcqucst. Thc applicants made a presentation in favor of the requested subdivision, and presented arguments to address the concerns raised in the Staffrcport. Thc applicant statcd that the placemcnt of sidewalks presented a hardship as the sidewalks were likely to damaged during constmction. Further, that the location of the driveway is unknown at the time of street improvcments. As the scction of sidewalk through the driveway is thickened to bcar the weight of vehicles, not knowing wherc the 2 . . . WESTFIELD SOUTH SUBDIVISION PHASE 2 PRELIMINARY PLA T FINDINGS OF FACT AND ORDER dtivcway is to be located forces thc cntirc sidewalk to bc thickened, thus raising costs. Thc applicant also noted that the provision of a financial guarantee for the installation of sidcwalks does not address the issucs of public safety raiscd by intcnnittent sidewalk installations prior to thc expiration of the improvements agrecment. The applicants rcifcrated their requcst to be able to install the sidewalks in conjunction with construction on cach individual lot. The Planning Board then opencd thc public hearing. Onc member of thc public offered comment seeking clarification as to thc application of the sidcwalk requircmcnt and thc requested variance to his property. It was determincd that his property was in thc County and unaffected by thc City's street standards. Following call for additional public input and rccciving no response the Planning Board closed the public hcaring. The Planning Board considcred the rcqucst by thc applicant for a waivcr of the requirement of the Environmcntal Asscssmcnt and Community Impact Statement In considering thc request the Planning Board f'bund that the information required from an Environmcntal Assessment and Community Impact Statement was adequately addressed in the Mastcr Plan and as previously submittcd and granted thc rcquested waiver. Thc Planning Board then voted on a motion rcgarding the subdivision. The motion, to rccommcnd approval of the subdivision as shown on the submitted drawings for Phase One, and with conditions as recommended by Staff, passcd on a unanimous vote of7 for and 0 in opposition. The Planning Board then voted on a motion rcgarding the requested variancc. The motion to recommcnd approval of the variancc as rcquested by the applicant was passed on a vote of 6 for and 1 in opposition. IV. The application was considered by the Bozeman City Commission at their regular meeting on May 18, 1998, at which time the recommcndation of the Planning Board was reviewed by the City- County Planning Staff. V. The application was considcrcd by the Bozcman City Commission and weighed against the review criteria cstablished by Statute, and found as follows: A. PRIMARY REVIEW CRlTERIA AGRICULTURE: This propcrty was in production as a sod fann. The proposcd subdivision will rcmove the land from production. As the land has bcen annexed to the City of Bozcman for six years, it is not anticipated that agricultural production would have been maintained. AgRICULTURAL WATER USER FACILITIES There is a ditch present on the propcrty which passes along thc westem boundary of the subdivision. No change is proposcd and it is anticipated that the flow will remain unchanged. 3 . WESTFIELD SOUTH SUBDIVISION PHASE 2 PRELIMINARY PLA T FINDINGS OF FACT AND ORDER LOCAL SERVICES Police and Firc protection are currcntly availablc to this site. The development of the propelty will increase the likclihood of emcrgcncy serviccs being required. The sewer, as mcntioned above, is restrictive in its capacity. The wastcwatcr treatment plant is able to handle the incrcased flows, however, the transmission lines are inadequate for additional development. The City is pursuing the development of additional transmission capacity which will service the development. The dcvcIoper may work in conjunction with the city to provide adequatc service. The proposed configuration of the sewer will accommodate future connection as subsequent phases arc dcveloped. In order to prevent the futme work fium disrupting thc open spacc to be provided with Phasc 2, the sewer main which crosses the open spacc in Block 6 needs to be installed with this phase. With this subdivision waivers of right-to-protest SIDs to improve S. 3rd Ave. and Wagon Wheel Road are rcquircd. Dedication of light- of-way for S. 3rd Ave. is bcing providcd with the subdivision which will assist in the future improvement of the strect. The development of this subdivision will result in increased volumes of traHic, both vehicular and pedestrian, along S. 3rd Avcnue and Wagon Whcel Road. This incrcascd traffIc hastens the time of needed improvements to the streets. S. 3rJ Ave. is a major access point to this subdivision and will bear a substantial portion ofthc total traffic generated by devclopment. Wagon Wheel Road is a secondary access point which will also reccive some additional traffic. It is the policy ofthe City ofBozcman to require the dedication of water rights, or payment of cash ill lieu of water rights, as a condition of annexation. Whcn thc annexation is larger than 10 acres this dedication or payment may be deferred until the property is platted or othelWisc devclopcd. At this time, provision six of the anncxation agrecmcnt requiring the provision of watcr rights, for the purpose of thc City having an adequate supply of water to service the intended developmcnt, must now be implemented. The City policy for thc sizing of water lines within the City is that a minimum of 8 inch diameter pipe must generally be provided to allow adcquate capacity t'Or future users to connect to and extend the water systcm. As this development will bc increased by future phases this policy must bc complied with. NATURAL ENVIRONMENT No natural stream courses or wetlands have been identified on this propcrty, at this time. As thc parcel has bccn farmcd, no maturc vegetation is present which will be removed fbr the subdivision. The Bozcman arca is typically undcrlain by soils with water tables with shallow to moderatc depths. Many of the homes installed in previous development in this area rely upon sump pumps to prevent basement flooding. The discharge from these pumps is not allowed to bc routed to the sanitary sewer. It may be routed to the storm water drainage system. Consistent overland flows of pump discharge can cause erosion and surfi\ce darnagc to private and common areas. A note needs to be addcd to the plat to advise future purchases of the probable high water table and need for pumping. Additionally overland dischargc flows should not bc allowed. Discharges to the stonnwater system arc allowed if underground water conveyance is provided. WILDLIFE AND WILDLIFE HABITAT As this property has been actively in agricultural production, no significant, adversc cffects on wildlife or their habitat have bcen idcntificd for this area. PUBLIC HEALTI-I AND SAFETY The City of Bozeman has recently improved S. 3rJ Avc. and thc intersections of Willson Ave., Kagy Blvd., and S. 3rJ Ave. Thcse improvements have adequately addresscd the trafl1c issues idcntified during the review of phase 1. No access strips must be provided along S. 3rJ Ave. and Wagon Wheel Road to maintain these roads as limited-acccss status and function as collector/mtelials. The second possible effect is the possible over loading of the scwer. If adequatc capacity is not providcd for peak sewer flows thc likelihood of sewcr backups and sewage contact with persons is greatly incrcascd. Therefore, improvements to the sewer system resulting in additional capacity to service this development must be installed prior to the linal platting of the subdivision. 4 . . WESTFIELD SOUTH SUBDIVISION PHASE 2 PRELIMINARY PLA T FINDINGS OF FACT AND ORDER B. COMPLIANCE WITH SURVEY REQUIREMENTS PROVIDED FOR IN PART 4 OF TIlE MONTANA SUBDIVISION AND PLATTING ACT. The survey requiremcnts will be complicd with when the final plat is filed. C. COMPLIANCE WITH THE BOZEMAN AREA SUBDIVISION REGULATIONS The City of Bozeman is cxperiencing rapid development. The constantly changing infi:astmcture of thc City is bcing integratcd with multiple developments which often rely on a different developmcnt to place connecting ties to the cxisting water, sewer, and streets. In order to ensure orderly and coordinated development, the project under rcview should have an approval duration of 2 years. The developcr may petition f'Or an cxtcnsion if thc original approval does not allow them sufficicnt time to completc thc installation of required improvements. Thc Bozcman Area Subdivision Rcgulations requirc that prior to thc initiation of work on watcr and lor sewcr lincs plans and specifications for thc work be approved by thc City of Bozeman and thc Departmcnt of Environmcntal Quality. Additionally, plans must be submitted and approved for thc dcsign, installation, and maintcnancc of the stonn water systcm which mitigates thc changc in st0l11l water runoff ratcs and volumes caused by development. All ofthcsc plans must comply with City of Bozeman standards. Thc subdivision will comply with the standards of Titlc 16 of the Bozeman Municipal Codc, and the Bozeman Arca Subdivision Regulations when thc rcquired conditions are met. Thc Commission agreed with the Planning Board's approval of waivers to the requiremcnt for an Environmental Asscssmcnt and Community Impact Statement. D. COMPLIANCE WITH THE REQUIRED SUBDIVISION REVIEW PROCEDURES. Thc application complies with the subdivision revicw proccdures. E. PROVISION OF EASEMENTS FOR THE LOCATION AND INSTALLATION Or ANY PLANNED UTILITIES. Appropriate utility casements will be shown on the final plat. If the applicants wish to utilize front yard casements only, they will nccd to rcceive thc written approval of all the utility companies prior to final plat. All casemcnt provided for water and scwer lines shall comply with the City of Bozeman standards to ensure that there is adequate room for linc installation and maintenancc and that the lines may be installed in compliant locations. LPROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEL Each lot win have legal and physical acccss to a standard, dedicatcd, public street. VI. Following discussion by thc City Commission, the City Commission found that the proposed subdivision complies with thc Bozcman Area Master Plan, Bozeman Area Subdivision Regulations, and the Bozcman Zoning Ordinance, if certain conditions wcre imposed. Further, the City Commission found that the request cd variancc was not ill the public intcrcst and the variance was not granted. ORDER IT IS HEREBY ORDERED that thc Preliminary Subdivision Plat of Westficld South Phase 2 subdivision for Catier William,>, ct ai., bc therefore approved, subjcct to thc f'Ollowing conditions: 1) A I foot no access strip shall bc placed along the westem edge of Block 5 to prevent access from adjoining lots to South 3rd Ave. A 1 foot no access strip shall bc placed on the eastern edge of Lots 6-8, of Block 6, to prevent acccss from the lots to Wagon Whcel Road. 2) The Developer shall havc two (2) years from thc datc of preliminary approval to completc the conditions, conform to all regulations, and submit a complete application for final plat 5 . '" ~ WESTFIELD SOUTH SUBDIVISION PHASE 2 PRELIMINARY PLA T FINDINGS OF FACT AND ORDER approval. 3) Aliicle V of the covenants shall be modified to specifically state that maintenance of thestonn water drainagc system is thc responsibility of the home owners association. Article VI ofthc covenants lists easements which are different than those shown on the preliminary plat. The plat and covcnants shall be consistent in describing casements. 4) An advisory notc shall be added to thc plat which states, "Some lots may experiencc scasonal high ground watcr. Homes constructed with basements may require installation and rcgular maintenance of a sump pump." Thc note shall be in lcttcrs a minimum of 1/8' tall. Surface flows are not allowed from sump pumps which ultimately discharge to areas which are in public or common ownership, such as drainage easements or works. Underground pipes to convey watcr to the designatcd flow channel are allowed. 5) Water rights must be provided as previously agreed in the Green Pasturcs anncxation agrecment. 6) Copics of tiled waivers of right to protcst the creation of special improvcment districts and rural improvement districts for improvemcnts to Wagon Wheel Road and South 3nl Avcnuc shall be provided with the final plat application. A copy of a tiled waiver of right to protcst the creation of special improvcmcnt districts for maintenance of area parks shall be providcd with the final plat application. 7) In accordance with thc annexation agreement for the property, thc cnginccring dcpartmellt has complctcd a prcliminary evaluation of the ability of the city's scwcr collcction systcm to convcy sewagc from this development. Insufficient capacity exists ill approximately 1,240 linear feet of 12" and 14" sewer trunk line from Hoffinan Drive to Lincoln Street. As such, the terms of the annexation agreement shall be followcd to provide sewer capacity for the development. In no case, shall thc final plat be filed until such time as sewer capacity is available. 8) Easements for the water and sewer main cxtcnsions shall be a minimWTI of 30 feet in width, with the utility locatcd in thc ccnter of the easement. In no case shall the utility be lcss than 10 feet from thc edgc ofthc casement. Watcr and sewer mains shall bc installcd a minimum offivc (5) fect clear horizontal distance from all proposed curb and gutter unless othcrwise approved by the City Ungincer and WatcrlScwcr Superintendent. 9) The minimum watcr main size allowed for all projects in the city is eight (8) inch, unless otherwise approvcd by thc City Engincer. 10) Thc proposed scwer main between Lots 12 and 13, Block 6, shall be installed with the Phase 2 infrastructure to avoid future disturbance of the Phase 2 open spacc. 11) Plans and Specifications and a detailed design report for water and sewer main extcnsions and the public streets, preparcd and signed by a Profcssional Engineer (PE) registered in the State of Montana shall bc provided to and approved by the City Engineer. Water and sewer plans shall aL<;o bc approvcd by thc Montana Department of Environmental Quality (DEQ). The applicant shall also provide Professional Enginecring services for Construction Inspection, Post-Construction Certification, and preparation of mylar Record Drawings. The design report shall verifY that the capacity of the cxisting systcm at thc 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 Pinal 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. 12) 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 providcd to and approvcd by the City Engineer. The master plan must depict the maximum sizcd retention basin location, and locate and provide eascmcnts t'Or adequatc drainage ways within the subdivision to transport runoff to the stormwater receiving channel. The plan shall include sufficient site grading and elcvation information (particularly for thc basin site, drainage ways, and fini<;hed lot grades), typical stormwater detcntion/retcntion basin and dischargc structure details, basin sizing caleulations and a stormwater maintenance plan. Stormwater ponds for the subdivision shall not be located on privately owned lots. If located within a park or open spacc the ponds shall be designed and constructed to be conducive to the normal usc and maintenance of the open space. Drainage easements shall be shown on the final plat in locations whcrc drainage ditches or structures are constructed in the open space. 6 . . . .. .. . " WESTFIELD SOUTH SUBDIVISION PHASE 2 PRELIMINARY PLA T FINDINGS OF FACT AND ORDER While the runotl' fl'om the individual lots will be dependent on the intensity of use on cach lot, the maximum sizing ofthc stonn retention facilities for each lot wilI be establishcd bascd on maximum site development. Notc: It will ultimately bc the responsibility of the Property Owner's Association to ensure that the Maintenancc Plan is consistently enforced. Its furthcr rccommended that implementation of the Plan bc included in the covenants and thcrcfore a condition of plat approval. 13) Thc Final Plat shall compy with all code provisions identificd in the Staff RepOlt. This City Commission ordcr 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 thc City Commission, by following the procedures of Section 76-3-625, M.C.A. DATED this _~Oth day of July, 1998. BOZEMAN CITY COMMISSION BY~--/~~ Alfi" M. Stiff: Mayor . ~y .L~ A]'~ AS T FORM: Robin L. Sullivan Paul J. Luwe Clerk of the Commission City Atto . 7 ----