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HomeMy WebLinkAbout99- Sundance Springs for preliminary plat approval of Sundance Springs PUD Subdivision, Phases 2A & 2B findings of fact and order . J . . j BEFORE THE BOZEMAN CITY COMMISSION CITY OF BOZEMAN, MONT ANA IN THE MATTER OF THE APPLICATION OF SUNDANCE SPRINGS, L.L.C. FOR PRELIMINARY PLAT APPROV AL FINDINGS OF F ACT OF SUNDANCE SPRINGS PUD SUBDIVISION, AM! PHASES 2A AND 2B 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 Sundance Springs PUD Subdivision, Phases 2A and 2B, to divide 67.82 acres into 75 lots for single family residential development, as submitted by the applicant, Sundance Springs, 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 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 July 28, 1998. The application will divide the remaining 67.82 acres of the Sundance Springs Planned Unit Development into 75 lots for single 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 August 30, 1998. All adjacent property owners were notified of the hearings via certified mail. I~== := =~~SION~P~S ~Aim ~_~~i1 ) , . " 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- County Planning Board at their public hearing on September 15, 1998. Three letters of public comment were received: one suggesting a trail connection from the subdivision to the existing trail to the east and that structures be located at least 100 feet from the trail corridor; one asking that houses not be constructed less than 100 feet from the dedicated trail corridor and that the City exercise its right of first refusal to develop a large park along the trail; and one expressing concern regarding high ground water levels and requesting that the public comment period be extended and that property adjacent to the trail be reserved as open space. Two members ofthe public spoke at the public hearing, and expressed concerns regarding high groundwater levels, the preservation of Phase 2A as an open space area, traffic impacts, parking on Goldenstein Road at the trail head, and inadequate noticing requirements. The subdivider was present and reported that all requirements placed on the project during the Planned Unit Development review were met with phase 1 and will be met with the subject phases. He requested that the right of first refusal for the purchase of certain lots which was made a part of the Planned Unit Development be revised to provide dates of purchase for the property. The Board determined that the City Commission should consider the developer's request to revise the condition regarding the first right of refusal. The Board considered a request by the applicant for a waiver of completion of an Environmental Assessment and Community Impact Analysis for the subdivision, and found the waiver warranted as the Planned Unit Development provided a complete study for the entire 142 acres. Upon three calls for additional public testimony, the public comment portion of the hearing was closed. As noticed in the public notice, no additional public testimony would be accepted by the City Commission. 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, the Board, on a vote of 9-0, forwarded the application to the Bozeman City Commission with a recommendation of conditional approval. I=: ~= ;IVISION, P~$ ..~ AND~_ ~ 21 ) .; III. The application was considered by the Bozeman City Commission at their regular meeting on October 5, 1998. The applicant advised the Commission that they agreed with the conditions recommended by the Planning Board, and reviewed a memorandum outlining the cost of the 17 lots in the southeast comer, which are the subject of a condition placed on the PUD requiring the subdivider to grant the City first right of refusal on those lots. It was agreed that a March 1, 1999 deadline should be placed on the City's action on the first right of refusal. The subdivider agreed to proposed amendments to conditions 5, 8, 14 and 14c, and further indicated he was willing to accept a condition to buffer the trail in a manner consistent with the landscape program established for the Planned Unit Development. The Commission discussed the proposed development encroaching into the 500 year flood plain, and the location of the newly mapped flood plain. A request was made of the Commission to accept written comment from John A. Peters, M.D., as Dr. Peters had attended the Planning Board public hearing, but due to the late hour of the meeting, had to leave before public comment was heard (approximately 11 :00 p.m.). The subdivider agreed to allow the City Commission to accept Mr. Peters' written testimony. The Commission was advised that other written comment had been submitted after the public hearing was closed, including a memorandum from the bicycle advisory board, and agreed to not accept those late submittals. 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. Prior to PUD approval in 1996, the entire PUD was used for grain production and grazing. The property is located in the Urban Growth Area of the Bozeman Area Master Plan, where development is expected to occur by the year 2010. No adverse impact on the effects of agriculture were identified. 2. Effects on Agricultural Water User Facilities. The subdivision will not interfere with any irrigation system. 3. Effects on Local Services. Extensive fire and police department response times have been identified in this area. All internal subdivision streets will be maintained by the homeowner's association. Water rights or cash in-lieu must be paid prior to final plat ~= :=_= ::aIlTIszciN; PBASES~. AND 2i3 ____m:~ PAGE 3 J .. approval. Water service will be provided through the recently completed water main extension completed with Phase 1 of the subdivision. Sewer trunk line repairs must be completed before sewer capacity is available for this subdivision. 4. Effects on Natural Environment. Soil limitations are apparent for construction of subdivision roads, and such roads must be properly engineered to overcome those limitations. Cutoff walls must be installed along all sanitary sewer and water mains to impede ground water migration along the public utility trenches. Lot 67 must be reconfigured so it is completely outside of the flood plain. The PUD approval required wetland mitigation to occur, and a two acre pond is being created in the northeast comer of this subdivision as part of that mitigation. 5. Effects on Wildlife and Wildlife Habitat. These effects were reviewed at length during PUD approval. This development will result in increased human-wildlife interaction and conflict. A 50-foot stream corridor setback was required, and the pond to be developed will be usable by a diversity of wildlife. 6. Effects on Public Health and Safety. Street improvements were completed as required in Phase 1. The Covenants discourage residences with basements, and a note to this effect should be added to the plat. 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 ofthe 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 August 30, 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 Goldenstein Lane will not be permitted as a safety measure. r=~ ~=__:rn~I~, PB1l8ES~ ANiJ-2B_ -,.....'..~_J .: .. ORDER After considering all matters of record presented at the public hearing and meeting, the Commission found that the proposed preliminary plat for Sundance Springs PUD Subdivision, Phases 2A and 2B will comply with 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 is to ensure that: (1) 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 access easements are provided; (4) that no lots are located within the 100 year flood plain; (5) that the existing Sourdough Trail is appropriately buffered from the subdivision; and (6) that the noise from ground water pumping is controlled. THEREFORE, IT IS HEREBY ORDERED, on a vote of3-1, that the subject 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. 1. The Final Subdivision Plat shall conform to the Uniform Standards for Final Subdivision Plats, contain all appropriate certificates, page titles, and be accompanied by all appropriate documents, including a Platting Certificate. A digital copy of the final plat, on a double sided, high-density 3~ inch floppy disk, shall be submitted with the final plat application. The Final Subdivision Plat must be approved within three years from the date of preliminary plat approval by the Bozeman City Commission. Prior to the expiration date, the subdivider may submit a letter of request to the Planning Director for a one year extension. Thereafter, the City Commission may approve an extension for not more than one additional calendar year. If the Final Subdivision Plat is filed prior to the installation of all improvements, the developer shall enter into an Improvements Agreement, which must be filed with the final plat, and provide the City of Bozeman with an acceptable method of security equal to 150% of the cost of the remaining improvements. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements. 2. Approval of the Final Subdivision Plat from the Department of Environmental Quality must occur prior to Final Subdivision Plat approval, pursuant to Section 16.16.10 1 through 16.16.805, ARM. Notification of that approval must be submitted with the final plat. 3. A site grading plan shall be prepared as a supplement to the project improvement drawings, which includes, at a minimum, existing contours, contours after the street is constructed but before development grading, spot elevations and flow directional arrows. The plan must demonstrate adequate drainage to an acceptable discharge device, and should be used to establish street and building foundation grades. If the grading design discloses any adverse impact to off-site properties, necessary design alterations and/or drainage conveyance devices and easements must be provided. ~=:~~1~~~..=~=VzS~.~~~_ PHASES 2i-.~ ..~: .-..._.~~ I . - . 4. Plans and specifications and a detailed design report for water and sewer main extensions, storm sewer and the streets, prepared by a Professional Engineer (PE) licensed in the state of Montana, shall be provided to and approved by the City Engineer and the Montana Department of Environmental Quality, where required. The applicant shall 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 preconstruction conference has been conducted. To impede ground water migration along public utility trenches, clay or concrete cutoff walls shall be installed along all sanitary sewer lines and water lines within the development. The location of the cutoffwalls shall be subject to review and approval of the City Engineer. 5. All infrastructure improvements including 1) water and sewer main extensions, and 2) public streets, city standard sidewalks on all street frontages, and related storm drainage infrastructure improvements shall be constructed or financially guaranteed for each phase prior to final plat approval of each phase. No building permits will be issued prior to acceptance of subdivision infrastructure improvements. 6. All existing and proposed utility easements shall be shown on the final subdivision plat, and utility easements shall be in the location required by the subdivision regulations unless a utility company requests otherwise. A blanket utility note may not be used; each lot must show all utility easements. 7. Any required permits (i.e., 310, 404, Turbidity exemption, etc.) must be obtained prior to final approval of the plans and specifications for public infrastructure, and copies of the permits submitted to the City Engineer. 8. With regard to flood plain: - A Flood Plain Development Permit must be obtained from the City Engineer prior to approval of any work within the flood plain. - The 100 year flood plain boundary and flood elevations must be depicted on the final improvement plan. - Culvert sizing design calculations shall be provided for any stream crossing(s). - Lot 67 shall be reconfigured so it is completely outside of the flood plain. 9. The Montana Department of Environmental Quality, Water Quality Bureau, shall be contacted by the applicant to determine if a Storm Water Discharge Permit is necessary. Written notification of the need or no need for the permit shall be submitted with the construction drawings. If a permit is required by the State, the developer shall demonstrate to the City full permit compliance. 10. A 45 foot wide right-of-way dedication for Goldenstein Lane shall be provided on the final plat along the section of Goldenstein Lane adjoining Phase 2A. 11. Provisions for pedestrian conveyance along the section of Goldenstein Lane adjacent to Phase 2A shall be provided by the developer as required with the zoning PUD, and shall be completed prior to final plat approval of Phase 2A. These improvements may be fmancially guaranteed through an Improvements Agreement, and if so guaranteed, will not impede the issuance of building permits within the project. However, the improvements must be completed within the time period allowed in the Subdivision Improvements Agreement. I~::= ~ =:IVISIcm, P~S-2A AND 2~- ~,.M~~61 . ~ ~ 12. Internal streets within the subdivision shall be contained within 70 foot wide rights-of-way, as shown on the preliminary plat, and shall be constructed to the 24- foot standard proposed in the submittal. Street name signs shall be provided at all road intersections. 13. The ponds and wetland enhancements within each phase shall be completed prior to filing the final plates), or shall be financially guaranteed and constructed within the parameters of the PUD. 14. The final subdivision plat shall contain the following: a) A note stating: Due to the relatively high groundwater table within the subdivision, it is not recommended that structures with full or daylight basements be constructed. b) A "no access" note prohibiting direct access to Goldenstein Lane for all lots fronting that street. c) The note shown on the preliminary plat regarding fire department response times shall be expanded to also include police department response times. 15. The developer shall not commence the installation of infrastructure improvements until March 1, 1999, to allow the City of Bozeman or individuals to purchase all ofthe property designated as the future 17 lots proposed along Sweet Water Drive for parkland purposes prior to final plat approval. 16. Water rights or a cash-in-lieu fee in an amount determined by the Director of Public Service shall be provided prior to final plat approval of each phase. 17. The final plat shall clearly delineate the difference between phases, if the phases are filed on the same plat. Sheets 2 and 3 shall be accurately drawn showing the perimeter boundary of the subdivision adjacent to the parks and Goldenstein Lane. 18. A 50-foot setback shall be shown along both sides of Nash Spring Creek. 19. The common open space areas shall be appropriately identified on the final plates). 20. All public park boundaries adjacent to private lots shall be delineated at the common private/public comer pins, with flat, flexible fiberglass posts, a minimum of 6-feet in length with no less than 2-feet driven into the ground. Each post must be labeled with a permanent glue on sign stating "Park Boundary" or "Property Boundary". Other forms of boundary marking may be approved by the planning department. 21. If the cul-de-sac at the north end ofGrafStreet is located on the adjoining property, a written easement from the adjacent property owner TO THE CITY shall be provided to and accepted by the City Engineer prior to construction of the cul-de-sac. If an easement is not obtained, the cul-de-sac must be constructed on the subject property, which may prevent development of certain lots. The cul-de-sac cannot be located in the park. 22. A Stormwater Master Plan for the subdivision for a system designed to removed solids, silt, oils, grease and other pollutants from the runoff from the 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 stormwater maintenance plan. Any stormwater ponds located with the open space areas shall be designed and constructed to be conducive to the normal use and maintenance of the open space. A drainage swale ~__~m_ . ...'.._. ..._~-. PIa,I SUNDANCE SPRINGS .PUD SUBDIVISION, PHASES 2A AND 2B F..'fl:n:J:fBGS OE: E:AC'I! AND..~.. ..________ 4 . ~ and easement shall be provided to direct over flow water from the existing retention pond to the road side ditch system in order to avoid potential flooding problems of the adjacent lots. 23. The applicant is reminded that all applicable conditions of the Zoning PUD approval apply to these phases of the project. 24. Native trees, including evergreen species, and shrubs will be planted in the common open space area to buffer the Sourdough Trail in spots where the trail comes close to the property line. 25. During development of the subject property, mechanical or electrical devices which create a loud, raucous or pulsating sound shall not be operated between the hours of 9:00 p.m. and 7:00 a.m. of the following day if the noise emanating from the devices unreasonably interferes with the health, comfort, safety or welfare of any inhabited dwelling unit in the surrounding area. Vehicles and equipment utilized to clear snow are exempted from this condition. DATED this 5th day of Apr; 1 ,1999. BOZEMAN CITY COMMISSION ATTEST: APPR9YED AS TO FORM: ./ ~;/ ~~- (I Robin L. Sullivan Clerk of the Commission ~=: ~~:~~=~=~SION, p~~~ ii" AND 2B _.__._m..~.'.._~ lWZsl