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HomeMy WebLinkAbout99- Rose Park Holdings for preliminary plat approval of Rose Park Subdivision Findings of Fact and Order . . . BEFORE THE BOZEMAN CITY COMMISSION CITY OF BOZEMAN, MONTANA IN THE MATTER OF THE APPLICATION OF ROSE FINDINGS OF F ACT PARK HOLDINGS LLC FOR PRELIMINARY PLAT Am! APPROVAL OF ROSE PARK SUBDIVISION ORDER 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, the Bozeman City Commission reviewed the proposed Preliminary Subdivision Plat for Rose Park Subdivision to divide 9.64 acres into 24 lots for multi-family residential development, as submitted by the applicant, Rose Park Holdings, L.L.C., 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. The Commission also considered the recommendation of the Bozeman City-County Planning Board concerning the application. It appeared to the City Commission that all parties and the public wishing to appear and comment at the public hearing before the Bozeman City-County Planning Board 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: FINDINGS OF FACT I. The application for the subject subdivision was made on August 14, 1998. The application will divide Lot 4, Annie Subdivision Phase II, into 24 lots for multi-family residential development, including the dedication of street rights-of-way. II. The site was posted with a notice of the public hearings and meetings to review the project. The notice served to inform interested individuals that materials were available for review in the Bozeman City-County Planning Office. The notice was also published in the Bozeman Daily Chronicle on September 20, 1998. All adjacent property owners were notified of the hearings via certified mail. After finding the application was properly submitted and reviewed under the procedures of the Bozeman Area Subdivision Regulations, the application was considered by the Bozeman City- [~~,,~ARKs~tVIsioN --"ZNDINGSOI''"I'~ AND ~~_ --~~,. I PAGE 1 ,'~.'''''-- . . County Planning Board at their public hearing on October 6, 1998. One letter was received by the Board, which opposed additional multi-family development on the northwest side of Bozeman. Three members of the public spoke at the public hearing in opposition to the subdivision, expressing concerns regarding traffic on North 25th Avenue, Durston Road, and Oak Street, and the placement of multi-family developments so near a school. Upon three calls for additional public testimony, and hearing none, the public comment portion of the hearing was closed. As provided in the public notice, no additional public testimony would be accepted by the City Commission. The subdivider's representative was present at the hearing and informed the Board that the applicant agreed to the conditions recommended in the Staff Report, with the exception of Condition 13, which requires a traffic signal to be installed at Oak Street and North 19th Avenue before building permits can be issued, and Condition #12 which requires completion of subdivision infrastructure prior to the issuance of building permits. The representative requested that Condition 13 be amended to require only that traffic signal installation precede occupancy of any structure within the subdivision, and to allow for permits to issue and construction to commence prior to installation of the signal. The subdivider's representative further requested that Condition # 12 be amended to allow the issuance of building permits prior to completion of the subdivision infrastructure. The Board, in considering the request to amend condition 13 to require only that the traffic signal be installed prior to occupancy, determined that the condition as recommended in the Staff Report was more appropriate in ensuring public safety. The Board, in considering the request to construct homes prior to installation of infrastructure, concurred with Staff that granting the request would require a variance from the Bozeman Zoning Ordinance, which the Board could not recommend under the circumstances of a preliminary plat application. The subdivider's representative acknowledged that the size of the lots at the end of the cul- de-sac may make it difficult for construction of four-plexes, and stated the park area will be reduced and the lots made larger to eliminate this situation. The Board considered a request by the applicant for a waiver of completion of an Environmental Assessment for the subdivision, and found the waiver warranted as the information needed that was not submitted with the preliminary plat application can be found in the Bozeman Area Master Plan, and therefore granted the waiver. L~$.i1FARKS~.oIVISION --Il:r:NPIH~$"" OJ' J'ACr AND "o.RDJ1R -..,-... ,I PAGE 2 . . After finding the application in general compliance with the required criteria established in Title 76-3-608, M.C.A. for the review of preliminary subdivision plats, and considering the public comments, both oral and written, and the requests of the subdivider's representative, the Board, on a vote of 8-1, forwarded the application to the Bozeman City Commission with a recommendation of conditional approval. III. The application was scheduled to be considered by the Bozeman City Commission at their regular meeting on October 19, 1998. At the applicant's request, and upon the applicants grant of an extension of the 60-day review period to November 3, 1998, the decision was continued to November 2, 1998, At the public hearing on November 2, 1998, the subdivider advised the Commission that covenants will be applied to the subdivision and the homeowner's association will be responsible for lawn maintenance and snow removal of the entire subdivision to ensure a uniform appearance throughout the development. The subdivider requested that Condition 13 be amended to require only that traffic signal installation precede occupancy of any structure within the subdivision, and to allow for permits to issue and construction to commence prior to installation of the signal. The Commission concurred that requiring the traffic signal to be fully operational prior to issuance of any occupancy permits in the subdivision will adequately protect the public's safety. In response to public comment made at the Planning Board hearing, the Commission found that the applicant and Staff should reach a mutual agreement on the additions to the restrictive covenants designed to protect the neighborhood. IV. The subdivision was weighed against the review criteria established by Statute, and the following was found: A. PRIMARY REVIEW CRITERIA 1. Effects on A~riculture. The subdivision will remove 9 acres from grain production, however, this property has been annexed to the city and lies within the urban growth and sewer service boundaries of the City. It is designated to develop as residential on the land use element of the 1990 Bozeman Area Master Plan Update. 2. Effects on A~ricultural Water User Facilities. The subdivision will not interfere with any irrigation system. 1_1<<>sJ:;"~St1BD:rV.I~ION -- -IlINDINGS.P""~ AND ORDD.:.. PAGE 3 ._~~ "-- 3. Effects on Local Services. The subdivision will connect to city water and sewer services, and is already protected by the fire and police departments. Development of the land will increase the need for local services, but no negative impacts were identified. 4. Effects on Natural Environment. Effects on the natural environment as a result of the subdivision are expected to be minimal due to the proposed drainage control system and the flat grades on the site. Weeds will be controlled in accordance with a previously approved Weed Control Plan. 5. Effects on Wildlife and Wildlife Habitat. There are no critical wildlife or wildlife habitat on or near the subdivision. 6. Effects on Public Health and Safety. The subdivision will create additional traffic in the area, which will be mitigated with the installation of a traffic signal at the intersection of North 19th and Oak Street, and the provision ofa secondary access. Adequate lighting within the subdivision will help to deter criminal activity, and make residents and their guests feel safer. B. COMPLIANCE WITH SURVEY REQUIREMENTS PROVIDED FOR IN PART 4 OF THE MONTANA SUBDIVISION AND PLATTING ACT. The subdivision complies with the survey requirements of the Act, and the survey requirements will be complied with when the final plat is filed. C. COMPLIANCE WITH BOZEMAN AREA SUBDIVISION REGULATIONS. With conditions, the subdivision will comply with the requirements of the Bozeman Area Subdivision Regulations. D. COMPLIANCE WITH THE REQUIRED SUBDIVISION REVIEW PROCEDURES. The public hearing before the Planning Board was properly noticed, as required in the Subdivision Regulations. The notice was mailed to all adjoining property owners by Certified Mail, and the notice was published in the Bozeman Daily Chronicle on September 20, 1998. The notice was further posted on the property. All other process requirements have been followed. E. PROVISION OF EASEMENTS FOR THE LOCATION AND INSTALLATION OF ANY PLANNED UTILITIES. All new utilities must be installed underground, and appropriate utility easements provided on the final plat. F. PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEL. Legal and physical access will be provided to each parcel from a public street. Drive access approaches will be constructed in accordance with City standards. Access from individual lots to Oak Street, a designated arterial, will not be permitted as a safety measure. ORDER After considering all matters of record presented at the public hearing and meeting, the Commission found that the proposed preliminary plat for Rose Park Subdivision will comply with lJWSi;P~.~u.8Z;)1:V,ISZ()N;~"'l',I~IN(;$Ol' l'ACr .~~ .....,.. fAGB4 '<;',.;;;;~ . . the requirements of the Bozeman Area Subdivision Regulations and the Montana Subdivision and Platting Act if certain conditions are imposed. The evidence, as specified in the Staff report and referenced in the Findings of Fact, justifies the conditions imposed on the subdivision to ensure: (1) that the subdivision's effects on the interests identified by the primary review criteria are mitigated; (2) that the final plat complies with all regulations; (3) that necessary and appropriate easements are provided; (4) that the protective covenants address nuisances; and (5) that adequate and safe traffic circulation is provided before occupancy of any structures within the subdivision. THEREFORE, IT IS HEREBY ORDERED, on a vote of 5-0, that the subdivision be approved, subject to the conditions listed below. This City Commission order may be appealed by bringing an action in the Eighteenth District Court of Gallatin County by following the procedures of Section 76-3-625, M.C.A. This preliminary plat approval shall be effective for a period of three (3) years. Extensions may be requested by the subdivider, as provided in the Bozeman Area Subdivision Regulations. 1. The final subdivision plat shall conform to all requirements of the Bozeman Area Subdivision Regulations (August 1997 version) and the Uniform Standards for Final Subdivision Plats, and be accompanied by all appropriate documents, including covenants, certification by the State Department of Environmental Quality approving the plans and specifications for water or sanitary facilities, certification from the City Engineer certifying that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. Two clothback (or equivalent) and mylar (or equivalent) 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 3-1/2" floppy disk. 2. The following Certificates shall be corrected on the final plat: a) the Certificate of Dedication shall be corrected to include the correct legal reference in paragraph 2; the last paragraph must indicate this is Rose Park Subdivision, City of Bozeman, Gallatin County...., and the correct acceptance used (eg City of Bozeman, not Gallatin County); b) the Certificate of Planning Director shall be eliminated; and c) the Certificate of Completion of Waiver of RIDs shall be eliminated. 3. The two park areas shown at the ends of Wheeler Drive and Daws Drive shall be shown as common open space, owned and maintained by the homeowner's association. A copy of the Covenants shall be submitted to the Planning Office with the final plat, with provisions that the common open space will be owned and maintained by the homeowners association. 4. Notes shall be added to the final plat that references the presence of high groundwater in the area and that structures with basements are not recommended, and that access from the subdivision to West Oak Street is prohibited. 5. The numbering in each block shall begin with lot number 1. 6. City standard sidewalks shall be constructed on all public street frontages of the subdivision at the time street improvements are installed. 7. Stop signs shall be installed on Daws and Wheeler Drives at their intersection with North 25th Avenue. l.ROSJ:"f~.~~IVISION ,,:-"Im,I"~$O" nci. ANQ.~ ._- --." I PAGi5 .-~- . 8. The final plat shall correct the reference of North 25th ~ to North 25th Avenue. 9. Payment to SID 621 sewer payback area shall be paid prior to final plat approval. 10. The subject property is located in the Northwest Water Line pressure zone. The primary water main extension for this development must originate from the water main in West Oak Street. The West Oak Street water main, currently funded under S.LD. 665, which is under design, is tentatively scheduled for construction in early 1999. As a consequence of the City's seven year street cut moratorium for new streets, the developer will want to make sure that this water main installation precedes the paving of West Oak Street. 11. EASEMENTS: a. An easement for the existing 48-inch culverts located in the northwest corner of Lot 6, Block I, shall be provided on the plat. In no case, shall the utility be less than 10 feet from the edge of the easement. b. Easements needed 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 the easement. All necessary easements shall be provided prior to final plat approval and shall be shown on the plat, when appropriate. e. The final plat shall provide easements (e.g. 20' centered on side and rear lot lines, when practical) and the easement note required in Section 16.14.050, Bozeman Area Subdivision Regulations. f. All existing easements must be shown on the final plat. 12. Plans, specifications and a comprehensive utilities design report for water and sewer main extensions, prepared and signed by a Professional Engineer (P .E.) registered in the State of Montana, shall be provided to and approved by the City Engineer. The plans shall show the water main in West Oak Street as a 10-inch main, not an 8-inch main as shown on the preliminary plat. The interior looping of the 8-inch water main within the project with the proposed easement is acceptable, providing access to the easement and main is not impeded. Water and sewer plans shall also be approved by the Montana Department of Environmental Quality. The applicant shall also provide P.E. 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 reconstruction conference has been conducted. No building permits shall be issued prior to substantial completion and City acceptance of the required water and sewer infrastructure improvements. 13. A fully operational traffic signal system at the intersection of West Oak Street and North 19th A venue must be in place or financially guaranteed prior to final plat approval. If the plat is filed with a financial guarantee for the signal, the signal must be fully operational prior to issuance of any occupancy permits in the subdivision. 14. In order to provide secondary access to the subdivision, North 25th Avenue must be constructed from West Oak Street to either the existing end of pavement on Annie Street or to the existing end of pavement on North 25th Avenue (Durston Meadows Subdivision). If North 25th A venue is extended from West Oak Street to Annie Street, the developer shall provide the design for a City standard street that is 37 feet from back of curb to back of curb. However, if participation of adjoining landowners cannot be obtained, a 32 foot wide street with curb, gutter and sidewalk on the east side of the street (adjacent to the subdivision) shall be in place prior to issuance of building permits. If North 25th Avenue is extended from West Oak Street to Durston Meadows Subdivision, the developer shall construct the road to a gravel standard if the water main has not been extended for Durston Meadows Subdivision. Should North 25th Avenue be connected to Annie Street rather than the existing North 25th 1~"~.P~$t7.sDlYl$Z:0li'.-",;ilNoIlfQ,8,Q.r .rAC'r AND. ~ ."' ,..',." , ...3 PAGl:6..'.'.....; ,'... ,,"L:~:":'.: ":'::,': . . A venue, a detailed Traffic Study Report, prepared by a professional engineer (P.E.) registered in the State of Montana and qualified in the area of traffic engineering shall be provided to and approved by the City Engineer prior to final plat approval. The report shall address existing and projected traffic volumes on all internal and perimeter streets and level of service evaluations at the intersection of Durston Road and North 22nd Avenue. The report shall include recommendations for any necessary off-site roadway improvements and shall account for impacts from all projects which have already received City of Bozeman preliminary plat approval. 15. The applicant shall dedicate to the City one-half of a 60-foot right-of-way for North 25th Avenue. The applicant shall also dedicate one-half of a 120-foot right-of-way (60 feet) for Oak Street adjacent to this development unless an alternative geometric street design which addresses the necessary transition in width and alignment of Oak Street is approved by the City-County Planning Director, City Director of Public Service, and the City Engineer. The design submitted must demonstrate conformance with the future alignment and right-of-way of Oak Street at North 27th Avenue as shown on the approved preliminary plat for Harvest Creek Subdivision. West Oak Street shall be designed and either constructed or financially guaranteed to a width of 42 feet from back-of- curb to back-of-curb from its current terminus along the north side of this subdivision. Oak Street must be constructed prior to issuance of building permits within the subdivision. 16. The streets within the subdivision (Wheeler and Daws Drives) shall be constructed within 60-foot dedicated rights-of-way to a City standard width of 37 feet back of curb to back of curb, and city standard curb, gutter and sidewalks shall be provided along all streets in the subdivision (Wheeler, Daws, east side of North 25th Avenue, and south side of West Oak Street). 17. Plans and specifications for the public street improvements, including curb and gutter, sidewalk and related storm drainage infrastructure, prepared by a Professional Engineer (P.E.) registered in the state of Montana, shall be provided to and approved by the City Engineer. The applicant shall also provide P .E. services for construction inspection, post-construction certificate, 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 preconstruction conference has been conducted. 18. Cul-de-sac rights-of-way must be 100 feet in diameter, with a minimum paved diameter of 70 feet. Easements are required where cui-de sacs are located off the subject property. "No Parking" signs shall be installed at the ends of both cul-de-sacs, and the signs must be in compliance with MUTCD standards. 19. A stormwater master plan for the subdivision for a system designed to remove solids, silt, oils, grease, and other pollutants from the runoff from the public streets and all lots must be provided to and approved by the City Engineer. The master plan must depict the maximum sized retention/detention basin location, and locate and provide easements for adequate drainage ways within the subdivision to transport runoff to the stormwater receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin sites, drainage ways, and lot finished grades), typical stormwaterretention/detention basin and discharge structure details, basin sizing calculations, and a stormwater maintenance plan. Any stormwater ponds located within park or open space shall be designed and constructed to be conducive to the normal use and maintenance of the park or open space. Stormwater ponds shall not be located on private lots. Detailed review of the final grading and drainage plan and approval by the City Engineer will be required as part of the infrastructure plan and specification process. 20. The applicant shall provide and file with the County Clerk and Recorder's Office executed Waivers of Right to Protest Creation of Special Improvement Districts for the following: g. Signalization of the intersection of North 19th Avenue and Oak Street. h. Signalization of the intersection of North 27th Avenue and Oak Street. ~$.il:.P.ABIC_;im.o~V1'SloN...";"'.'IND;rllc;s.or rAC'J! AND~._~.. .......~ PAGE 7 ' "U p \~,\: <,: :,: :',:,',' '.:,: ::~: .:::,:" '''''',>' -"...,-- . ~ . 1. Intersection improvements at the intersection of Durston Road and North 220d Avenue if North 25th Avenue is connected to Annie Street rather than North 25th Avenue. The document shall specify that in the event an SID is not utilized for the completion of these improvements, the property owner 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. 21. The existing fence shall be removed prior to final plat approvaL 22. The subdivider shall carefully consider the size and configuration of Lots 6, 7, 18 and 19 to ensure adequate area is provided for the proposed four-plex construction and required parking. 23. If construction activities related to the project result in the disturbance of more than five (5) acres of natural ground, an erosion/sediment control plan may be required. The Montana Department of Environmental Quality may need to be contacted by the applicant to determine if a Stormwater Discharge Permit is necessary. If a permit is required by the Department, the developer shall demonstrate to the City full permit compliance. 24. The Montana Fish, Wildlife and Parks, Natural Resource Conservation Service, Department of Environmental Quality, and/or Army Corps of Engineers may 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 plat approval. 25. Street lighting shall be incorporated into the final design of the subdivision, with the final design approved by the Director of Public Service. 26. The protective covenants shall be revised to address the nuisances outlined in the zone code and to provide additional restrictions regarding limitation on the outside storage of materials, miscellaneous equipment and necessary items, for review and approval by the Planning Office prior to final plat approval. 27. The protective covenants shall be revised to make the City of Bozeman a party to the covenants and any amendments thereto, for review and approval by the Planning Office prior to final plat approvaL DATED this 5th day of April , 1999. BOZEMAN CITY COMMISSION ~ ~: o ;I L/~~ Robin L. Sullivan Clerk of the Commission l/ ~~,i.aRif'"stzliD!:v.t$.rON':,"~.,l"%lU)l,fl(.;$OF_. FACr AND ~. .... .... PAGE. 8 i.<<~ ^",:,:':,,:',:,' ',:..""