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HomeMy WebLinkAbout96- Dave Crofts at Willow Subdivision I ! . . I ' BEFORE THE BOZEMAN CITY COMMISSION CITY OF BOZEMAN, MONTANA IN THE MATTER OF THE APPLICATION OF FINDINGS OF FACT DA VB CROFTS FOR PRELIMINARY SUBDIVISION AND ORDER PLAT APPROVAL OF WILLOW SUBDMSION. JESSIE MARGARET KUNDA, PROPERTY OWNER PURSUANT to the Montana Subdivision and Platting Act, Section 76~3~101 through 76~3~ 614, Montana Codes Annotated, and the Bozeman Area Subdivision Regulations, a public hearing was held, after notice given, before the Bozeman City~County Planning Board on August 1, 1995, ,. and a public meeting before the Bozeman City Commission on August 21, 1995, on the above- entitled application. The purpose of the public hearing and meeting was to review the proposed Preliminary Subdivision Plat of Willow Subdivision, as submitted by the applicant., together with the required supplementary plans and information, to determine if the information submitted meets the requirements of the Bozeman Area Subdivision Regulations and the Montana Subdivision and Platting Act, and in addition, to listen to and consider public testimony concerning the application and to eonsider written comments. It appeared to the City Corrnnission that all parties wishing to appear and comment were given the opportunity to do so, and as the City Commission was fully advised of all matters having come before it regarding this application, makes the following Findings of Fact, as required: FINDINGS OF FACT I. The application for preliminary plat for the subdivision of 10.123 acres located in the Barrick _ Annexation, being located in the NEY4 of Section 11, TIS, RSE, PMM, City of Bozeman, Gallatin FINDINGS OF FACT AND ORDER - WIllOW SUBDIVISION PAGE 1 I I , County, Montana, was made on June 14, 1995. The proposal will create 12 lots for multi-family fourplex dwelling units, for a total of 48 dwelling units, and 36 lots for fourplex townhouse dwelling units (9 structures), dedieate park land, and public streets. A portion of the park land dedication requirements will be met with a cash-in-lieu payment. The lots will be served by City of Bozeman water and sewer services, and will be accessed from West Babeock Street and West Mendenhall Street. II. Notice of a public hearing before the City.County Planning Board and of a public meeting before the City Commission was published in the Bozeman Daily Chronicle, on July 16, 1995, and the Notice was mailed by Certified mail, return. receipt requested, to adjoining property owners. ITI. The matter was heard before the Bozeman City-County Planning Board on August 1, 1995. One member of the public testified in support of the proposal, noting the developer is attempting to accommodate a need for housing in Bozeman. One member of the public testified against the application noting concerns regarding traffic impacts to West Babcock Street, bicycle traffic circulation in the area, and the need for adequate play areas for children. The developer's representative noted a eorreetion to Staff reeommended condition No.6, as written in Staff Report P-9532, stating that the cul-de-sac should have a minimum diameter, not "radius", of 70 feet. He further voiced concern regarding several of the teehnieal requirements of Staff recommended conditions No.9, 10 and 23, and requested that these three conditions be eombined with Staff recommended conditions No. 32, as the final design elements must still be worked out. FINDINGS OF FACT AND ORDER - WIllOW SUBDmSION PAGE 2 ---------- ------------- I The developer's representative also noted that the reeommendation that the water main be looped to Durston Road is not eeonomically feasible. He indicated the water main will be looped to West Mendenhall Street, thus preventing a dead end main. He noted that Seetion l6.l2.040.K9 of the Bozeman Area Subdivision Regulations allows for a maximum cul-de-sac length of 500 feet, yet the City's water department has a "policy" of not allowing water main extensions greater than 250 feet. He noted a flushing hydrant mechanism must be installed at the end of such a dead end main, as required by the State Water Quality Division. IV. After finding that the Preliminary Plat was properly submitted and reviewed under the procedures of Section 16.08 of the Bozeman Area Subdivision Regulations and was in accordance with the Bozeman City Zoning Regulations and Master P~ the Planning Board reviewed and " considered the five criteria established in Title 76-3-608, M.C.A. The Planning Board found that the preparation of a Community Impact Statement and Environmental Assessment were not necessary as most of this information can be found in the Bozeman Area Master Plan, with the exception of a Traffic Study, as recommended by the Planning Office during pre-applieation review. Therefore, the Board granted a waiver of these studies as the infonnatlon can be found in the Bozeman Area Master Plan and a Traffic Study was submitted with the Preliminary Plat application, as requesting during pre-application review V. The Planning Board considered the testimony from the developer and the public, and concluded that Staffrecommended conditions No.2 and 6 should be corrected, that wording should be added to conditions 9, 10 and 23 to allow for the possibility of alternate design considerations as FINDINGS OF FACT AND ORDER - WIllOW SUBDMSION PAGE 3 I \ proposed by an engineer lieensed in the state of Montana and approved by the City Engineer and Department of Health & Environmental Sciences, and that consideration should be given to the applicant for extending the sanitary sewer to North Hunter's Way in light of the street cut moratorium. The Pl:mnine Board reviewed and considered the five review criteria established in Title 76-3- 608, M.C.A, and found that the subdivision complied with the review criteria, and therefore referred " the application to the Bozeman City Commission for their final decision, with a recommendation of conditional approval. VI. The matter was considered by the City Commission at a public meeting at 3:00 p.rn. on August 21, 1995. The Bozeman City Commission considered the minutes, record and recommendation of the Plannine Board and weighed the proposed subdivision against the five review criteria established by State Statute, and found as follows: AGRICULTURE: The subdivision will remove ten aeres of pasture from use. The property was annexed 15 years ago, and is zoned for residential development. Thus, the impact will be minimal. LOCAL SERVICES: The City is capable of providing adequate public services to this 84 housing unit subdivision. The use of a temporal)' dead end water main that exceeds 250 feet in length will not create undue impact on the City's water service, if the main is extended within seven years from the time of final plat approval. A variance to the City's policy which prohibits the cutting of the newly-paved West Mendenhall Street in the Westgate Subdivision to allow for the connection to the existing sewer main in that street is warranted, as it will provide proper connections to the city's sewer main. FINDINGS OF FACT AND ORDER - WILLOW SUBDWISION PAGE 4 I I, NA TURAL ENVIRONMENT: ,. The effects to the natural environment is limited. There is a seasonal high water table and a soil with severe limitations for shallow excavations on the property, which will be addressed during street and home construction. WILDLIFE AND WILDLIFE HABIT A T: As no wildlife or wildlife habitat has been identified on the property, the subdivision will have no impact on wildlife or their habitat PUBLIC HEALTH AND SAFETY: There will be effects from the volume of traffic added to the existing .street system, and the non existent pedestrian circulation system. A waiver of right to protest the creation of SIDs to improvement West Babcock will provide assured participation from. this property in the improvement of West Babcock, if SIDs are used for that purpose. The relocation of the park to the northwest comer of the subdivision and the proposed cash contnbution to the park fund in lieu of 100% of the park dedication will be beneficial to the development of parks in this area. ORDER IT IS HEREBY ORDERED that the Preliminary Subdivision Plat of Willow Subdivision has been found to comply with the review criteria, Subdivision Regulations, Master Plan and Zoning Ordinance, and is therefore approved, subject to the conditions listed below: 1. That the Final Plat shall confonn to the Unifonn Standards for Final Subdivision Plats, contain all appropriate certificates, and be accompanied by all appropriate documents, including a Platting Certificate. A certificate of installation of improvements shall be included, and corrections shall be made to the certificate of dedication, the certificate of Director of Public Service, and the certificate of County Treasurer. 2. The following notes shall be added to the plat: a. Due to the relatively high groundwater table within the subdivision, it is not recommended that residences with full or daylight basements be constructed. FINDINGS OF FACT AND ORDER - WIllOW SUBDIVISION PAGE 5 I \ , . b. Land use shall be restricted to not more than multi-family four-plex dwelling units only on Lots 1-6, Blocks 1 and 2; and, to townhouse four-plexes only on Lots 7 (A- D), Blocks 1 and 2, and Lots 1-3 (A-D), Block 3, and Lots 1-4 (A-D), Block 4. 3. The County Weed Control Officer shall approve a weed control plan for the subdivision, and a signed copy of the plan shall be submitted to the Planning Office prior to Final Plat approval. 4. The property owners shall provide and file with the County Clerk and Recorder's Office executed Waivers of Right to Protest Creation ofSIDs. The Waiver shall specify that in the event SIDs are not utilized for the completion of these projects, the applicant shall agree to participate in an alternate financing method for completion of said improvements on a fair share, proportionate basis as determined by square footage of the property, linear front footage of the property, taxable valuation of the property, or combination thereof. Said Waiver shall include the following improvements: a) Street improvements to Babcock Road, including paving, curb/gutter, sidewalk and storm drainage. I' b) Street improvements to Fowler Road, including paving, curb/gutter, sidewalk, and storm drainage, Durston Road to Babcock Road. c) Signalization improvements to Main and Fowler. d) Park maintenance and/or improvement district(s). Said waivers shall be a covenant running with the land and shall not expire. 5. West Mendenhall Street right-of-way shall begin the transition to the south necessary to connect to existing right-of-way in Pleasant Valley Subdivision. 6. All dead end roads shall end in a temporary turnaround. A city-standard turnaround shall be provide at the northern tenninus of Michael Grove A venue. If the turnarounds are not located on the subj ect property, easements for the temporary turnarounds shall be recorded prior to approval of the infrastructure plans and specifications. The eul-de-sac shall have a minimum diameter of 70 feet. 7. A I-foot no aecess strip shall be dedicated across both lots fronting on West Babcock Street. This no access provision would apply to any redevelopment of the eastern lot (Lot I, Block 2). ,. FINDINGS OF FACT AND ORDER - WIllOW SUBDIVISION PAGE 6 , - ~ \ . . 8. Sidewalks across all non-privately owned street frontages and the lot with the existing house shan be constructed by the developer at initial construction (if sidewalk construetion is being delayed). Any deviation from the standard location shall be approved by the City Engineer. Sidewalks shall be constructed by lot owners within three (3) years regardless of whether other improvements have been made to the lot(s). 9. Maximum allowable length of dead-end water main to the north from Mendenhall Street is 250 feet or approximately to the north property line of the seeond lot. To extend beyond this point, the property owners of record must, prior to final plat approval, file with the Clerk and ,. Reeorder a waiver of right to protest ereation of an SID for future water line improvements to complete a looped water 'line from the terminus of the 8-inch water line at the north boundaIy of Westgate Subdivision, or to connect with a water line to the north. Said waiver shall stipulate that this property represents the total boundaries of the SID and shall further stipulate that the water line must be extended to provide a looped system within seven (7) years from the date of final plat approval. An alternate design, as proposed by an engineer licensed in the State of Montana, subject to approval by the City Engineer and the Department of Health and Environmental Sciences, may be considered. 10. An 8-inch sanitary sewer shall be extended to the west boundary of this development on Mendenhall. The Commission grants a variance from the adopted City policy which proIDoits the cutting of the newly-paved West Mendenhall Street, to allow for connection of the sewer main for this subdivision to the existing sewer main in Westgate Subdivision (which lies to the east of this subdivision). An adequate 30-foot utility easement must be provided for any off- site utility extension(s). An alternate design, as proposed by an engineer licensed in the State of Montana, subject to approval by the City Engineer and the Department of Health and Environmental Scienees, may be considered. 11. All dedicated public streets shall be of standard residential street design. This would include sidewalk installation on both sides of all streets. 12. AU applicable regulatory and street marker signs and dead-end markers shall be installed by the developer and in accordance with City standards. The stop sign shall be installed on Michael Grove Avenue at the interseetion of West Babcock Street. 13. A dead-end barricade shall be installed at the west end of West Mendenhall Street in " aeeordance with City Standards and at the owner's expense. 14. The infrastrueture plans and specifications shall show fire hydrant spacing and location that conforms to City standards and shall be approved by the Fire Department. 15. The land proposed to be dedicated for parkland and the detention pond shall be moved to the northwest eorner (Lot 4, Block 3) so that it could be added to other park land as property north and west is developed in the future. FINDINGS OF FACT AND ORDER - WIllOW SUBDWISION PAGE 7 i . . . . 16. Park area shan have all fencing material, construction debris, and other trash removed. Area shall be leveled and any disturbed areas reseeded, as to allow mowing with turf type mowers. All survey property pins on the park boundary shan be delineated with flax flexible fiberglass posts* a minimwn of six (6) feet in length with no less than two (2) feet driven into the ground. Each post shall be labeled with a permanent glue on sign** stating Park boundary. *Posts shall be equivalent to CARSONITE type - 6 feet long by 3 inches wide, white or brown in color. "''''Sign shall be pennanent glue on outdoor type approximately 2 3/4-inch by 14-inch stating PARK BOUNDARY or PROPERTY BOUNDARY. 17. In accordance with the subdivision regulations, the applicant shall cause to be established the fair market value of the remaining amount ofland that would have been dedicated to establish the minimum cash acceptable in lieu ~f land dedication. If the minimwn is less than the proposed amount of $100.00 per dwelling unit or $8,400.00, then the applicant shall pay $8,400.00 cash-in-lieu for the remaining park land dedication. 18. The property is subject to payback to the Main Mall (sewer and water), and SID No. 622 (water). This fee shall be submitted prior to fmal plat approval. 19. Water, sewer, and storm sewer shall be stubbed to the peripheral property lines to accommodate future extensions. 20. A Storm water Drainage/Trea1ment Grading Plan and Maintenance Plan for a system designed to remove solids, silt, oils, grease, and other pollutants must be provided to and approved by the City Engineer. The plan must demonstrate adequate site drainage (including sufficient spot elevations), Storm water detention/retention basin details (including ,. basin sizing and discharge calculations, and discharge structure details), Storm water discharge destinations, and a Storm water maintenance plan. The Storm water drainage/treatment facilities must include a maintenance plan outlining in detail maintenance operations, frequency of inspections and maintenance, responsible parties and record keeping methodology. 21. Written pemrission from the existing owner(s) of the ditches to be abandoned or relocated shall be obtained prior to final plat approval. 22. The outfall for the storm drainage detention pond to an existing ditch is subject to further review by the Engineering Office, and approval by the ditch owner(s) as necessary. 23. If the retention pond and discharge course is located off the subjeet property, a Storm water easement shall be established on the adjacent property and filed with the County Clerk and Recorder's Office. An alternate design, as proposed by an engineer licensed in the state of Montana and approved by the City Engineer and the Department of Health and Environmental Sciences, may be considered. FINDINGS OF FACT AND ORDER - WILLOW SUBDIVISION PAGE 8 " . .. , . . , 24. A minimum 20-foot ditch maintenance easement shall be provided along the irrigation ditch. The 20wfoot utility easement along the west property line shall be a 20-foot ditch and utility easement. 25. Adequate and appropriate utility easements shall be shown on each lot on the final plat. A IS-foot utility easement shall be provided along the east lot line of all the lots in Blocks 2 and 4. A 10-foot easement shall be provided along the north lot line of Lots 7 in Blocks 1 and 2. 26. Block numbers shall be used. 27. A digital copy of the final plat, on a double sided, high-density 3 Y2 inch floppy disk, must be submitted with the final plat application. 28. If construction activities related to the project results in the disturbance of more than five (5) acres of natural ground, an erosion/sediment control plan may be required. The Montana " Department ofHeahh and Environmental Sciences, Water Quality Bureau shall be contacted by the applicant, to determine ifa Stonn Water Discharge Permit is necessary. Ifrequired by the Water Quality Bureau, an erosion/sediment control plan shall be prepared for disturbed areas offive (5) acres or less if the point of discharge is less than 100 feet from State Waters. 29. Approval from the Subdivision Program of the Montana Department of Health and Environmental Sciences Water Quality Bureau must oceur prior to Final Plat approval, pursuant to Section 16.16.101 through 16.16.805, ARM. 30. Preliminary plat approval does not exempt the developer from impact fees established at a later date which are based on final plat approval or building permit approval. Final plat approval(s)' shall be subject to any impact fees which are implemented prior to said final plat approval. Development of individual lots shall be subject to any impact fees applicable to building permit 'applications implemented prior to building permit approval. 31. That the developer shall have three years from the date of preliminaty plat approval to complete the above conditions and apply for final plat approval of all phases of the subdivision. 32. Plans and Speeifications for any water, sewer and/or storm sewer main extensions, and public or private streets (including curb, gutter, and sidewalks) prepared by a Professional Engineer (PE) licensed in the State of Montana, shall be provided to and approved by the City Engineer. Water and sewer plans shall also be approved by the Montana Department of Health and Environmental Sciences. The applicant shall also provide Professional Engineering services for Construction Inspection, Post-Construction Certification, and preparation of Mylar Record Drawings. Specific comments regarding the existing and ' proposed infrastructure shall be provided at that time. Construction shall not be initiated FINDINGS OF FACT AND ORDER - WILLOW SUBDIVISION PAGE 9 ) , .. .. - . on the public improvements until the plans and specifications have been approved and a preconstruction conference has been conducted. No building permits will be issued prior to City acceptance of the water and sewer improvements. 33. All infrastructure improvements including 1) water and sewer main extensions, and 2) public and private streets including curb/gutter, sidewalks, and storm drainage infrastructure improvements shall be financially guaranteed or constructed prior to Final Plat approval. No building permits will be issued prior to completion and acceptance of the water and sewer improvements. 34. If it is the developer's intent to file the plat prior to the completion of all required improvements, an Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the Preliminary Plat submittal information and conditions of approvaL If the Final Plat is filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150 percent of the cost of the remaining improvements. The preliminary approval of this subdivision shall be effective for three (3) years from the date of Preliminary Plat approval, August 21, 1995. Atthe end of this period the City Commission may, at the request of the subdivider, extend its approval for not more than one (1) calendar year. However, preliminary approval may be extended for more than one calendar year ifthe developer enters into, and secures, an Improvements Agreement for the Subdivision. DATED this 5th day of February, 1996. BOZEMAN CITY COMMISSION ( CJtfl7 E~~ , Don E. Stueck, Mayor ~ST: ~ ~~ ~~ Robin L. Sullivan Clerk of the Commission FINDINGS OF FACT AND ORDER -- WIllOW SUBDIVISION PAGE 10