HomeMy WebLinkAbout96- Douglas Smith at Diamond Estates
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DIAMOND ESTA TES MAJOR SUBDIVISION FINDINGS OF FACT AND ORDER 1
BEFORE THE BOZEMAN CITY COMMISSION
GALLATIN COUNTY, MONTANA
IN THE MATTER OF THE APPLICATION OF DOUGLAS L. FINDINGS OF FACT
SMITH, FOR PRELIMINARY SUBDIVISION PLAT AND ORDER
APPROVAL OF THE DIAMOND ESTATES SUBDIVISION
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, Bozeman Area
Master Plan, and Bozeman Zoning Ordinance, the Bozeman City Commission reviewed the proposed
Preliminary Subdivision Plat of a ten lot Major Subdivision as submitted by the applicant, together
with the required supplementary plans and information, to determinc if the information submitted
meets the requirements of the Bozeman Area Subdivision Regulations and the Montana Subdivision
and Platting Act.
It appeared to the City Commission that all parties and the public 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 approval for thc creation of a ten lot major subdivision dividing 19.957
acres, owned by Douglas L. Smith, into ten lots on propcrty located in the EY2 WY2 EY2 SEY4 of
Section 3, T.2S, R.5E, PMM, Gallatin County, Montana, was madc on July 17, 1996. The
subdivision will create nine lots for residential use and one remainder lot for future residential
development.
II.
The Bozeman City-County Planning Board considered the application at their regular
meeting on September 4, 1996. The City-County Planning Board found that the application was
properly submitted and reviewed under the procedures of the Bozeman Zoning Ordinance and
Bozeman Area Subdivision Regulations.
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DIAMOND ESTATES MAJOR SUBDIVISION FINDINGS OF FACT AND ORDER 2
III.
The Planning Board considered the request by the applicant for a waiver of the requirement
for an Environmental Assessment and Community Impact Statement, a waiver to the requirement for
a secondary aceess, a waiver to the city's policy governing the length of dead-end water lines, and
the granting of a variance to allow the encroachment into a front yard setback of an existing home on
the property. In considering the request it was found that, with conditions as outlined below,
granting the requested waivers and variance, would not be detrimental to the public health, safety, or
general welfare of the public. The Planning Board did grant the waivers as requested and forwarded
a recommendation of approval regarding the variance to the Bozeman City Commission. Upon
finding no opposition to the approval of this subdivision and finding that the subdivision complied
with the Bozeman Arca Master Plan, and the required review criteria, upon an 8-2 vote this
application was forwarded with a recommendation of approval to the City Commission for final
decision.
IV.
The application was considered by the Bozeman City Commission at their regular meeting on
September 16, 1996, at which time the recommendation of the Planning Board was reviewed by the
City-County Planning Staff. The ApplicantJRepresentative stated they had no objection to the
conditions as outlined in the staff report.
V.
The applieation was considered by the Bozeman City Commission and weighed against the
review criteria established by Statute, and found as follows:
A PRIMARY REVIEW CRITERIA
EFFECT ON AGRICULTURE
The property is currently used for a single family residence and small grain production.
Subdivision of the land will remove approximately six acres from agricultural use at this time.
Howevcr, the property has been approved for annexation and been tentatively assigned urban
Master Plan and Zoning designations. The location of agricultural uses immediately next to
dwelling units as proposed in this phase of this subdivision raises the potential for conflict. To
ensure that future purchasers are apprised of intended adjacent activities sections should be
included in the covenants of the Home Owner's Association relating to the maintenanee of
fenccs and agricultural practices.
EFFECT ON AGRICULTURAL WATER USER FACILITIES
There is a ditch present on the property following the western boundary of the property. The
applicant has stated that he is the sole user and that he has largely stopped using the ditch.
Water for irrigation is drawn from another supply. Abandonment of the ditch would therefore
not cause problems for other water users and will prevent future problems relating to ditch
maintenance. Prior to abandonment it must be established that abandonment will not injure
other water users.
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DIAMOND ESTATES MAJOR SUBDIVISION FINDINGS OF FACT AND ORDER 3
LOCAL SERVICES
This phase of development will generate 8 additional residential lots with a possibility of 16
dwelling units. Maximum development will create a total of 54 lots. Police and Fire protection
will be provided upon the completion of annexation. Water and Sewer services can be provided
by connection to existing main lines. The additional traffic generated will increase the traffic on
Durston Road. However, dedication of additional right-of-way for Durston Road and the future
extension of Oak Street along with waivers of right to protest RIDs/SIDs, will provide for the
future expansion and development of those streets.
NATURAL ENVIRONMENT
Identified effects to the natural environment include a possibility of a seasonal high water table
from May to August with a depth to water of 4 to 8 feet. Land currently used for agriculture
will be converted to urban uses.
WILDLIFE AND WILDLIFE HABIT A T
Due to the historically agricultural use of this land and the developmcnt of adjacent subdivisions,
no significant adverse effects on wildlife or their habitat have been identified for this area.
PUBLIC HEALTH AND SAFETY
Thc development of this area with City water and sewer services is an improvement over
development utilizing septic tanks and wells and will reduce the likelihood of groundwater
contamination. The existing home should be connected to City water and sewer as soon as it is
availablc. The existing septic tank should be thereafter appropriately vacatcd. The additional
traffic on Durston Road increases the need to upgrade it to a full urban standard from the
existing county standard. The proposed subdivision will be dedicating additional right-of-way
for both Durston Road and Oak Street along with waivers of right to protest RIDs/SIDs which
will assist in future improvements.
B. COMPLIANCE WITH SURVEY REQUIREMENTS PROVIDED FOR IN PART 4 OF THE
MONTANA SUBDIVISION AND PLATTING ACT.
The survey requirements will be complied with when the final plat is filed.
C. COMPLIANCE WITH THE BOZEMAN AREA SUBDIVISION REGULATIONS
The subdivision complies with most standards of Chapter 16.16 of the Bozeman Area
Subdivision Regulations. The Commission agreed with the Planning Board's recommendation
of support for a variance to allow a 1 foot encroachment into a requircd front yard for the
existing home on Lot 1, Block 1. The Commission also agreed with the Planning Boards
approval of waivers to the requirement for an Environmental Assessment, Community Impact
Statement, Secondary Access, for Phase One only, and additional length of the dead-end
waterline.
D. COMPLIANCE WITH THE REQUIRED SUBDIVISION REVIEW PROCEDURES.
The application complies with the subdivision review procedures.
E. PROVISION OF EASEMENTS FOR THE LOCATION AND INSTALLATION OF ANY
PLANNED UTILITIES.
Appropriate utility easements will be shown on the final plat. Easements were required as
indicated by the utility companies or the Bozeman Area Regulations and will provide adequate
access for installation and connection to utilities in the future.
F.PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEL
Each lot will have legal and physical access to a public street.
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DIAMOND ESTA TES MAJOR SUBDIVISION FINDINGS OF FACT AND ORDER 4
VI.
Following discussion by the Commission, the Commission found that, with conditions, the proposed
subdivision complies with the Bozeman Area Master Plan, Bozeman Area Subdivision Regulations,
and the Bozeman Zoning Ordinance, and as modified with conditions does not detrimentally affect
the primary review criteria established by State statute. The evidence that justifies the conditions is
that the subdivision must comply with the above referenced documents, and advcrse impacts created
by the subdivision, which require mitigation, justify the imposition of the conditions below.
ORDER
After considering all matters of record presented at the public hearing and meeting, and
considering the applicant's representative's request for mitigation of some conditions, the
Commission found that the proposed preliminary plat for the Diamond Estates Subdivision would
comply with the requirements of the Bozeman Area Subdivision Regulations and the Montana
Subdivision and Platting Act if certain conditions were imposed on the project. The evidence that
justifies the conditions is to ensure that the final plat complies with all regulations, that future phases
of development and improvements to Durston Road may be provided for, that disposal of
stormwater is adequately provided for, and future problems relating to relocation of and maintenance
of the existing diteh are avoided.
THEREFORE, IT IS HEREBY ORDERED, on a vote of 5-0, that the subject subdivision be
approved, subject to the conditions below. A variance is hereby granted from Section 18.18.050 of
the Bozeman Zoning Code, to allow an eneroachrnent of the existing home into a front yard.
Waivers are hereby granted from Section 16.18, Section 16.20, and 16.12.040.M of the Bozeman
Area Subdivision Regulations relating to Environmental Assessments, Community Impact
Statements, and the provision of secondary or emergency access. A waiver is also granted from the
City of Bozeman policy of not allowing dead-end water lines to extend more than 250'.
This City Commission order may be appealed by bringing an action in the Eighteenth District
Court of Gallatin County, within 30 days after the adoption of this document by the City
Commission, by following the procedures of Section 76-3-625, M.C.A.
The conditions of approval for this subdivision are as follows:
1. Annexation to the City of Bozeman be completed, including all conditions, prior to the
commencement of development of the parcel.
2. Plans and Specifications for any water, sewer and/or storm sewer main extensions, and Publie
Streets (including curb, gutter & sidewalks) prepared and signed by a Professional Engincer (PE)
licensed in the State of Montana shall be provided to and approved by the City Engineer. Water
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DIAMOND ESTATES MAJOR SUBDIVISION FINDINGS OF FACT AND ORDER 5
and sewer plans shall also be approved by the Montana Department of Environmental Quality
(DEQ). The applicant shall also provide Professional Engineering services for Construction
Inspection, Post-Construction Certification, and preparation of mylar Rccord Drawings. Spccific
comments regarding the existing and proposed infrastructure shall be provided at that timc.
Construction shall not be initiated on the public infrastructure improvements until the
plans, specifications and shop drawings have been approved and a preconstruction
conference has been conducted.
3. All infrastructure improvements including 1) water and sewer main extensions, and 2) Public or
Private streets including curb/gutter, sidewalks, and storm drainage infrastructure improvements
shall be financially guaranteed or eonstructed prior to filing of the final plat. No building
permits will be issued prior to completion and acceptance of the Public infrastructure
improvements.
4. Applicant shall provide and file with the County Clerk and Recorder's office executed Waivers of
Rilzht to Protest Creation ofSIDs/RIDs for the following:
a. Street improvements to Durston Road including paving, curb and gutter, sidcwalks and
storm drainage.
b. Street improvements to Oak Street including paving, curb and gutter, sidewalks and storm
drainage.
The Waiver shall specifY that in the event SIDslRIDs are not utilized for the completion of
these projects, the property owner 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. A copy of the filed document shall be submitted with the
Final Site Plan prior to approval.
STORM WATER:
5. A Storm water Drainage Plan/Treatrnent Plan and Maintenance Plan for a system designed to
remove solids, silt, oils, grease and other pollutants from the run-off from the private and/or publie
streets must be provided to and approved by the City Engineer. The plan must demonstrate
adequate site drainage (including sufficient flow directional arrows and spot elevations along
drainage courses), storm water detention/retention basin details (including basin sizing and
discharge calculation and discharge structure details), storm water discharge destination and a
storm water maintenance plan. 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.
The storm water drainage/treatment plan shall include a Maintenance Plan which must be
provided to and approved by the City Engineer. The plan shall include the following: description
of maintenance operations, frequency of inspections and maintenance, responsible parties and
record keeping methodology.
If the storm water facilities are loeated off the subject property, a storm water easement shall be
established on the adjacent property and filed with the County Clerk and Recorder. Storm water
generated by the proposed subdivision which discharges to a privately owned ditch must have
written pennission of the ditch owner.
Note: It will ultimately be the responsibility of the Homeowner's Association to ensure that the
Maintenanee Plan is consistently enforced. Its further recommended that implementation of the
Plan be included in the covenants and therefore a condition of plat approval.
6. Covenants shall be recorded with the Final Plat which shall specifically include the following
proVlslons:
a. A Home Owners Association shall be established to maintain all applicable open space
and storm water facilities.
b. A section addressing agricultural uses of neighboring properties in the following form:
"Lot owners and residents of the subdivision are informed that adjacent uses may be
agricultural. Lot owners accept and are aware that standard agricultural and farming
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DIAMOND ESTA TES MAJOR SUBDIVISION FINDINGS OF FACT AND ORDER 6
practices can result in dust, animal odors, smoke, flies and machinery noise. Standard
agricultural practices feature the use of heavy equipment, chemical sprays and the use of
machinery early in the morning and sometimes late into the evening."
c. All fences bordering agricultural lands shall be maintained by the landowners in
accordance with state law.
7. Ditch relocation or abandonment:
a. The users/ owners of the ditch lying along the western boundary of the property shall be
verified. If the applicant is the sole user/owner or if written pennission may be obtained from the
other users/owners, the ditch shall be abandoned back to the diversion point prior to the recording
of Final Plat. If abandonment of the ditch may not be obtained relocation of the diversion point
and crossing of Durston Road shall be pursued to mect the satisfaction of the City of Bozeman
Parks Superintendent.
b. The Gallatin Conservation District, shall be contacted by the applicant regarding any
proposed ditch/stream relocation and any required permits (i.e. 310, 404, Turbidity exemption,
etc.) obtained prior to Final Plat approval.
c. The Applicant shall obtain written permission from the existing ditch owners for any
proposed relocation prior to Final Plat approval.
d. If the ditch is not abandoned, pursuant to Section 16.12.050 ofthe City Code, a 20' ditch
and utility easement shall be provided on one side of, or 10' on either side of the water course
measured from the high water level. However, it is strongly recommended that this area be
established as common open space to preclude future encroachment and maintenance problems
which typically occur with ditch easements on private property.
WATER AND SEWER:
8. The location of and distinction between existing and proposed sewer and water mains and
easements shall be clearly depicted on the plans and specifications, as well as nearby fire hydrants
and proposed fire hydrants. Specifically:
a. The existing 18" sewer main in Durston Road.
9. Sewer and water services shall be approved by the Water/Sewer Superintendent. City of
Bozeman Applications for service shall be completed by the applicant.
The existing house on Lot 1 shall be connected to and served by the City's sewer and water
systems. Once connected, the existing septic tank shall be removed or pumped and filled, and
certified by a Professional Engineer.
10. The dead end water main may be increased to 500 feet in length with the following conditions:
a. Services are extended perpendieularly from the main a distance of no more than
150 fect.
b. Any future development will require a fully looped water main.
c. A blow off or fire hydrant shall be installed at the end of the new main.
STREETS, CURB/GUTTER AND SIDEWALKS:
11. City standard sidewalk shall be installed and properly depicted at the standard location (i.e. 1 foot
off property line) along Meagher A venue and Durston Road. Any deviation to the standard
alignment or location must be approved by the City Engineer. Sidewalks shall be construeted by
lot owners within three (3) years of plat approval regardless of whether other improvements have
been made to the lot(s).
12. All drive approaches shall be constructed in accordance with the City's standard approach, i.e.,
concrete apron, sidewalk section and drop-curb.
13. A waiver of secondary access is recommended for Phase I only.
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DIAMOND ESTA TES MAJOR SUBDIVISION FINDINGS OF FACT AND ORDER 7
14. Where project phasing results in dead end streets, temporary cul-de-sacs shall be designed and
constructed with each phase. A 50' radius temporary easement must be obtained and filed with
the County Clerk and Recorder's Office.
15. An encroachment permit must be obtained for the access of Meagher Avenue onto Durston Road.
16. Forty-five (45) feet from the center of Durston Road along the entire southern border, must be
dedicated to the public for a road. Thirty-two and a half (32.5) feet from the property line along
the entire northern border, must be dedicated to the public for a road.
17. Appropriate street name sign and STOP sign must be provided at the intersection with Durston
Road.
UTILITY EASEMENTS
18. Easements 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 edge of easement. All required easements shall be provided prior to final plat approval.
19. All existing utility and other casements must bc shown on thc Final Plat. Thc easements currently
shown shall be retained and a 10' wide utility easement provided along the front property lines of
the lots. Two 12" utility culverts shall be placed in accordance with the requcst from Montana
Power Company.
MISCELLANEOUS
20. Sufficient water rights or cash-in-lieu must be provided prior to final plat approval for any given
phase. The current phase is comprised of910ts; Lots 1-4 of Block 1 and Lots 1-5 of Block 2.
21. If construction activities related to the project results in the disturbance of more that 5 acres of
natural ground, an erosion/sediment control plan may be required. The Montana Department of
Environmental Quality shall be contacted by the applicant, to determine if a Storm Water
Discharge Permit is necessary. If a permit is required by the State, the developer shall
demonstrate to the City full permit compliance.
22. The Final Plat shall conform to all requirements of the Bozeman Area Subdivision
Regulations and the Uniform Standards for Final Subdivision Plats, and shall be accompanied
by all required appropriately worded certificates and a Platting Certificate. Corrections shall
be made to the Certificate of Dedication as outlined in the Staff Report. 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 wit 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% of the cost of the remaining improvements.
23. Two clothback, two mylar copies, and a digital copy of the fmal plat, acceptable to the
Engineering Division of the City of Bozeman, must be submitted with the Final Plat
application.
The preliminary approval of this subdivision shall be effective for three (3) years from the date
of adoption of this document by the City Commission. At the end of this period the City
Commission may, at the written request of the subdivider, extend its approval as provided for in the
Bozeman Area Subdivision Regulations.
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DIAMOND ESTA TES MAJOR SUBDIVISION FINDINGS OF FACT AND ORDER 8
DATED this 7th day of October ,1996.
BOZEMAN CITY COMMISSION
By: (_Q /./f~
Don E. Stueck, Mayor
ATTEST:..! ~ APPROVED AS TO FORM:
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Robin L. Sullivan Paul J. L:;;/ \
Clerk of the Commission City Atto ey