HomeMy WebLinkAbout99- 360 Ranch preliminary plat approval of Valley West Subdivision Findings of Fact and Order
I ., .
BEFORE THE BOZEMAN CITY COMMISSION
CITY OF BOZEMAN, MONTANA
IN THE MATTER OF THE APPLICATION OF 360 FINDINGS OF FACT
RANCH, ET. AL., FOR PRELIMINARY PLAT AND ORDER
APPROVAL OF THE V ALLEY WEST SUBDIVISION
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 with Variances from the Bozeman
Area Subdivision Regulations for the Valley West Subdivision to subdivide 241.7 acres into ten (10)
tracts for further development and for the dedication of Bronk en Park, as submitted by the applicant,
360 Ranch Corporation, a Nevada Corporation; Chuck Reid or Gerald Wing as Nominee of Burnt
Leather Ranch; East Nine Corporation; Mobile Nine Corporation; and NW Ten Corporation. The
Preliminary Plat was reviewed 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 Bozeman City Commission also reviewed the
Preliminary Plat with due consideration ofthe recommendation ofthe 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 subdivision was made on December I, 1998. The application will
subdivide 241.7 acres into ten (10) tracts for further development and dedicate Bronken Park, a
proposed soccer field/passive activity park. The applicant provided the City with an extension of the
preliminary plat approval period to February 6, 1999, in order to accommodate the meeting schedules
of the Planning Board and City Commission.
II.
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 January 20, 1999. The Board found that the
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application had been properly noticed, as all adjacent property owners were notified of the hearing
via certified mail, and the notice was published in the Bozeman Daily Chronicle on January 3, 1999.
One letter was received from an adjoining property owner expressing concern about the quality and
quantity of water that will flow in the existing ditch during and after development ofthe property, and
the need for improvements to Durston Road. At the hearing, the adjacent property owner spoke,
reiterating the concerns about the quality and quantity of the ditch water, the time frame for
improvements to Durston Road, and dust from Durston Road being a health factor for two members
of his family.
The subdivider was present at the hearing and indicated that the subdivider agreed to the
conditions recommended in the Staff Report, and provided reasons for the requested variances.
Upon three calls for additional public testimony, and hearing none, 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.
The Board discussed the concerns expressed by the public, and found that the State non-
degradation laws apply to the irrigation ditch waters, and that the conditions ofthe Annexation, as
well as staff recommended condition 12, require Durston Road to be improved by December 1999
or prior to final plat approval.
The Board reviewed the three requested variances from the Subdivision Regulations to not
construct Cascade and West Babcock Streets within the subdivision, to exceed the maximum allowed
block length, and to not construct sidewalks on the public streets within and adjacent to the
subdivision, against the criteria established in Chapter 16.30 of the Bozeman Area Subdivision
Regulations. Upon consideration the Board found that it was not practical to improve the streets and
sidewalks at this time because none of the lots can be constructed on without further review, and
parts ofthose improvements would likely have to be destroyed with future development, and that the
block length was best established with future development of the lots.
The Board found that construction related traffic associated with the continued development
of Bronk en Park may be detrimental to the existing residential neighborhoods, ifthat traffic continues
to use local streets, and recommended a condition that the subdivider require all such traffic to be
routed to and from the site via Huffine Lane, east ofF erguson Road, and to not utilize West Babcock
Street or Durston Road east of Ferguson Road, or use Durston road west of the subject property.
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The Board considered the applicant's request for a partial waiver of completion of an
Environmental Assessment for the subdivision, and found the partial waiver warranted as the
assessment will best be done when the lots are further subdivided and the true impacts will be known.
After finding that 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, the Board, on a vote of 9-0,
fOlwarded the application to the Bozeman City Commission with a recommendation of conditional
approval.
m.
The application was scheduled to be considered by the Bozeman City Commission at their
regular meeting on February 1, 1999. At the applicant's request, the meeting was continued to
February 16, 1999, after the applicant granted an extension of the preliminary plat review period.
At the February 16, 1999 public meeting, the subdivider's representative agreed that Board
recommended conditions No.9, with regard to park dedication, and No. 13, with regard to
improvement payback districts, were informational statements and were not necessary as a conditions.
He distributed a letter to the Commission outlining the improvement timetable for the Brooken Park,
and informed the Commission that they have communicated with the adjacent property owner to
discuss impacts on the ditch water, and will continue to work with them to resolve their concerns.
The Commission considered a recommended condition from the City Attorney which
addresses the potential implications ofCI-75, and determined that the condition should be placed on
preliminary plat approval of this and all future subdivisions within the City. The applicant's
representative indicated the subdivider had some concern that the condition is open-ended, but
understood the city's liability and agreed to the addition of the condition.
IV.
The Commission considered variances from the paving, block length and sidewalk
requirements of the Bozeman Area Subdivision Regulations and found that it was not feasible to pave
Cascade Street at this time because its alignment west of Cottonwood Road is not finally determined,
and it was not feasible to pave Cascade or Babcock Streets because the lots are proposed for future
subdivision and sewer and water should be installed under the street, but future street and lot
alignments are unknown at this time, and therefore the location of stubs is unknown, and the newly
paved street would likely have to be torn up for said installation. The Commission found that the
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block length should be established with further development of the tracts, and that it was not in the
public's interest to construct sidewalks on streets where the property cannot be developed, and when
the sidewalks will likely be partially destroyed during development.
The Commission found further that the granting of the variances will not be detrimental to
the public health, safety, or general welfare, or be injurious to other adjoining properties; will not
cause an increase in public costs; will not place the subdivision in nonconformance with the Zoning
Regulations or Master Plan; and that an undue hardship to the owner would result if the sidewalks
and streets were required to be installed to serve tracts that cannot be developed, and that would
likely have to be partially removed and replaced with future development,
V.
The subdivision was weighed against the review criteria established by Statute, and the
following was found:
A. PRIMARY REVIEW CRITERIA,
1. Effects on Agriculture. The development will remove land from grazing use, but the
property has been annexed to the city and is designated to develop as residential in the
1990 Bozeman Area Master Plan Update. This community adopted plan determined
that the most appropriate use for this property, once infrastructure is available, is for
residential and neighborhood business uses,
2. Effects on Agricultural Water User Facilities. The Baxter Ditch has been realigned,
based on proper permits and reviews. State non-degradation laws apply to the
irrigation ditch waters, which should protect agricultural water user facilities.
3. Effects on Local Services. No detrimental effects on local services were identified.
Water rights or cash in-lieu thereof are better to be calculated and provided at the
time each tract is further developed, as a more accurate calculation of the amount of
water rights needed to serve the development can be obtained at that time.
4. Effects on the Natural Environment. Effects of the subdivision on the natural
environment were found to be minimal by the Natural Resource and Conservation
Service. The construction of homes with basements is not recommended due to the
highwater table. Because the development will be served by municipal sewer, the
threat of groundwater degradation from onsite sewage disposal will be eliminated.
Weeds will be controlled in accordance with an approved Weed Control Plan.
5. Effects on Wildlife and Wildlife Habitat. There are no critical wildlife or wildlife
habitat on the subdivision site or in the vicinity.
6. Effects on Public Health and Safety. The final plat cannot be filed until street
improvements to Durston Road are completed, which will address dust concerns,
unless an Srn/RID has been created and the contract awarded for those
improvements, per Section 17 of the Annexation Agreement. All construction related
traffic associated with the continued development of Bronk en Park should be routed
to and from the site via Huffine Lane, east of Ferguson road, and should not utilize
West Babcock Street or Durston Road east of Ferguson Road, or use Durston Road
west of the subject property, in order to limit this type of traffic on local streets and
roads. The dedication ofa 39 acre public park that is currently being developed with
private and public funds is in the public's interest.
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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 and variances, 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
January 3, 1999. All other process requirements have been followed.
E. PROVISION OF EASEMENTS FOR THE LOCA TION AND
INST ALLA TION OF ANY PLANNED UTILITIES.
All utilities and necessary utility easements will be provided.
F. PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEL.
Legal and physical access will be provided to each parcel from existing streets.
ORDER
After considering all matters of record presented at the public hearing and meeting, the
Commission found that the proposed preliminary plat for the Valley West Subdivision will comply
with the requirements of the Bozeman Area Subdivision Regulations and the Montana Subdivision
and Platting Act, with the granting of variances, 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 that the subdivision's effects on the primary review criteria is mitigated
by requiring the final plat to comply with all regulations, that necessary and appropriate easements
and right-of-way are provided, and that development of the property will not occur until further
zoning or subdivision review of each tract.
THEREFORE, IT IS HEREBY ORDERED, on a vote of 4-0, that the subject subdivision
be approved, subject to the conditions and variances listed below. This City Commission order may
be appealed by bringing an action in the Eighteenth District Court of Gallatin County within 30 days
of the date of this document by following the procedures of Section 76-3-625, M.C.A.
As minimal infrastructure improvements are required, this preliminary plat approval shall be
effective for a period of one (1) year. Extensions may be requested by the subdivider, as provided
in the Bozeman Area Subdivision Regulations.
This approval includes the following variances from the Bozeman Area Subdivision
Regulations:
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1. From Section 16.16.070, Paving Requirements, to not construct Cascade Street from
Ferguson Avenue west to Cottonwood Road, and to not construct West Babcock
Street from Cottonwood Road to the west boundary of the subdivision.
2. From Section 16.14.030, Block Length, to allow the block length to exceed the 1,200
foot maximum.
3. From Section 16.14.040.A, Sidewalks, to not construct sidewalks on the public
streets adjacent to and within the subdivision.
The following conditions of approval shall apply to this preliminary plat approval:
1. The final subdivision plat shall conform to all requirements of the Bozeman Area
Subdivision Regulations and the Uniform Standards for Final Subdivision Plats, and be accompanied
by all appropriate documents, including certification from the City Engineer 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 two (2) digital copies ofthe 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 to eliminate the last two sentences with regard to maintenance of city streets; b) the
Certificate of Planning Director and Director of Administrative Services shall be eliminated; c) the
Certificate of Completion to use the language provided in Section 16.32.060, Bozeman Area
Subdivision Regulations; d) amend the Treasurer's Certificate to reflect the language of 16.32.090,
Bozeman Area Subdivision Regulations; e) amend the Certificate of Surveyor to reference Section
76-3-101 through 76-3-625, MCA; and f) amend the Certificate of Removal of Sanitary Restrictions
to use the language of Section 16.32.080, Bozeman Area Subdivision Regulations.
3. The "Purpose Statement" provided on the final plat shall indicate that the purpose of
the subdivision is to create tracts for future development, and that development of the tracts cannot
occur until further subdivision and/or zoning review is obtained on each tract.
4. If a mortgage is filed on the property at the time of final plat, a Consent of
Mortgagee(s) must be provided on the final plat.
5. The Platting Certificate shows a sewage system easement to Piece Inc., dba Heritage
Christian School. If the easement has not been released, the easement must be shown on the final
plat.
6. Unless the final plat is accompanied by letters from all utility companies agreeing with
a 12-foot front yard utility easement, a 20 foot rear yard easement (centered on the lot lines where
practical) must be provided per Section 16.14.050, Bozeman Area Subdivision Regulations.
The utility statement contained in Section 16.14.050.B.4(b), Bozeman Area Subdivision
Regulations, shall be provided on the final plat.
7. The final plat shall show a 35-foot setback from the ordinary high water mark on
Baxter Creek and the Maynard Border Ditch. An easement complying with Section 16.14.050.C of
the Bozeman Area Subdivision Regulations shall be provided for the Baxter Ditch.
One hundred (100) year water surface elevations and the 100 year high water limits for Baxter
Creek shall be shown on the final plat. Hydraulic calculations and the water surface profile for Baxter
Creek shall take into account the upstream and downstream culvert capacities as well as the fact that
the Farmers Canal Company may use the creek as a blow-off at any time and without notice.
8. 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.
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9. It is recognized that the development of Bronken Park is proposed to occur with the
assistance of a private corporation, local youth athletic leagues, and city and county contributions.
Unless already completed, the improvements required in Section 16.14.090,G of the Bozeman Area
Subdivision Regulations must be completed by the subdivider prior to final plat approval, or
financially guaranteed per Chapter 16.22, Bozeman Area Subdivision Regulations. Those
improvements include:
a) Delineation of the park boundary bordering all private lots 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 or other appropriate
department.
b) The park area must have all fencing material, construction debris, and other trash
removed. The park area shall be leveled and any disturbed areas reseeded, to allow
mowing with turf type mowers.
10. The final plat cannot be filed until street improvements to Durston Road are
completed, unless an SID/RID has been created and the contract awarded for improvements to
Durston Road, per Section 17 of the Annexation Agreement.
11. A conceptual Stormwater Master Plan for the subdivision which will establish the
broad parameters for an overall system designed to remove solids, silt, oils, grease, and other
pollutants from the runoff from the private and public streets and all lots shall be provided to and
approved by the City Engineer prior to final plat approval.
The master plan must depict overall the drainage pattern( s) for the subdivision and locate and
establish adequate drainage ways within the subdivision to transport runoff from the public streets
and from all lots to an acceptable stormwater receiving channel. The master plan shall locate and
provide easements for the drainage ways as needed. Any required easements shall be shown on the
final plat. It appears that drainage easements may be needed for Tract 2, Block 2, Tract 1, Block 1,
and possibly Tract 3, Block 1.
Detailed review of the final grading and drainage plan (s) and approval by the City Engineer
will be required as part of the infrastructure plan and specification review process prior to any
subsequent development.
12. The applicant is advised that future extension of sewer mains to Tracts 1 and 2 of Block
2 may require utility easements which would be best established with this subdivision of the property.
If the easements are to be designated with this subdivision, they shall be shown on the final plat.
13. The street rights-of-way which are within the boundaries of this subdivision, or are
adjacent to the boundaries ofthis subdivision, and for which easements were provided with the Valley
West Annexation Agreement (Cottonwood Road, Ferguson Road, Durston Road, and West Babcock
Street), shall be dedicated to the City on the final plat.
14. The right-of-way for Cascade Street between Ferguson Road and Cottonwood Road
shall be dedicated to the City on the final plat. A 60-foot Public Street and Utility Easement for
Cascade Street from Cottonwood Road to the western boundary of the subdivision shall be granted
to the City by being shown on the final plat. The right-of-way for this portion of Cascade Street shall
be dedicated to the City at the time the tracts adjacent to the street are developed.
15. The subdivider shall enter into a Memorandum of Understanding for the control of
county declared noxious weeds with the County Weed Control District prior to final plat approval.
A copy of the signed document shall be submitted to the planning office with the application for final
plat approval. The subdivider shall ensure that after final plat approval the property owner(s) and/or
property owners association shall be responsible for the control of county declared noxious weeds
by placing a covenant on the property. This covenant can be contained in a separate document, or
can be shown on the final plat.
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16. The property owners shall file with the County Clerk and Recorder's o,ffice an
executed Waiver of Right to Protest Creation ofSIDs for the following:
a. Street improvements to Cascade Street including paving, curb and gutter, sidewalk,
and stonn drainage facilities.
b. Signalization of the intersection of Cottonwood Road and Huffine Lane (US 191).
The document shall specifY that in the event SIDs are not utilized for the completion of these
projects, the property owners shall agree to participate in an alternate financing method for the
completion of said improvements on a fair share, proportionate basis as detennined by square footage
of the property, linear footage of the property, taxable valuation of the property, or a combination
thereof
17. The subdivider shall require all construction related traffic associated with the
continued development of Bronk en Park to be routed to and from the site via Huffine Lane, east of
Ferguson Road, and to not utilize West Babcock Street or Durston Road east of Ferguson Road, or
use Durston road west of the subject property.
18. That the applicant shall comply with Article VIII, Section 17, of the Montana
Constitution (CI-7), insofar as it may be found applicable to this application, and shall pay any and
all costs and expenses associated with any election or other cost borne by the city deemed necessary
for such compliance.
Prior to final plat approval the landowner shall sign a hold hannless agreement indemnifYing
the City of Bozeman against any liability, claim, judgment, cost (including attorney fees and interest)
or damage on account of any refund of revenue adjudged to be collected in violation of Article VIII,
Section 17 of the Montana Constitution (CI-75) and further, against all claims, liability, costs, and
expenses associated with holding an election or arising out offailure to hold an election pursuant to
CI -7 5. The City Attorney's office shall review and approve the Hold Harmless/Indemnity agreement.
DATED this 17th day of May 1999.
Bo,ZEMAN CITY Co,MMISSIo,N
BY~~ dn -/4#
fr . S Iff, Mayor
ATTEST: APPROyYD AS TO, FORM:
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Robin L. Sullivan
Clerk of the Commission
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