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HomeMy WebLinkAbout96- Morrison-Maierle, Inc. at Babcock Meadows Subdivision t . BABCOCK MEADOWS SUBDIVISION AMENDED PLA T FINDINGS OF FACT AND ORDER BEFORE THE BOZEMAN CITY COMMISSION GALLA TIN COUNTY, MONT ANA IN THE MATTER OF THE APPLICATION OF MORRlSON- FINDINGS OF FACT MAIERLE, INe. FOR AMENDED PLAT OF BABCOCK AND ORDER MEADOWS SUBDIVISION, ON BEHALF OF ANSON CRUTCHER, et al 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 two phase, seventy-nine lot, major subdivision as submitted in its original form by the applicant on July 23, 1996, P-9636, 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 public testimony concerning the application. It appeared to the City Commission that all parties wishing to appear and commcnt 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 submitted by Anson Crutcher and JMB, Inc., for approval for amendment to an existing eighty-three lot, two phase subdivision to create a two phase, seventy-nine lot, major subdivision dividing 27.21 acres, owned by Babcock Place Partners, JMB, Inc." Lunaria Investments, Keith and Patti Albrecht, John L. and Jean L. Morgan, Roger Harris & Sons, and Robert G. and Ruth E. Pringle, into seventy-one lots on property located in the SWYt of Section 11, T.2S, R,5E, PMM, Gallatin County, Montana, othcrwise known as Babcock Meadows, was made on July 23, 1996. The subdivision will create fifty-five lots for single family residential use, eight lots for multi-family use, and sixteen lots for townhouses. Included with the application is a request for the 1 BABCOCK MEADOWS SUBDIVISION AMENDED PLA T FINDINGS OF FACT AND ORDER multi-family use, and sixteen lots for townhouses. Included with the application is a request for the lifting of a plat restriction to single family residential development only, and variances from section 16.12.020.A of thc Bozeman Area Subdivision regulations and section 18.20.050 of the Bozeman Zoning Ordinance. II. The comments of the Development Review Committee, along with those of the City-County Planning Staff, were incorporated into a Staff Report, including suggested conditions of approval, which was provided to the Bozeman City-County Planning Board for consideration at their October I, 1996 regular meeting. III. The Bozeman City-County Planning Board considered the application at their regular meeting on October 1, 1996. The Planning Board found that the application was properly submitted and reviewcd under the procedures of the Bozcman Area Subdivision Regulations and the Bozeman Area Zoning Ordinance. Staff reviewed the staff report and answered questions from the Board. Three lettcrs were received by the Planning Office expressing concern rcgarding increasing traffic on West Babcock Street, additional multi-family housing in the area, and modifications to the existing plat. The applicant and his representatives made a prescntation in favor of the requested amendments to the plats, including variances, citing a desire to provide affordable housing, a need to respond to changing local conditions, and presenting arguments to address the concerns raised in the Staff report. The Planning Board then opened the public hearing. Three individuals testified expressing opposition to the application. Reasons cited were: increasing residential density, degenerating traffic conditions on West Babcock Street, emergency vehicle response time, the massing of multi-family buildings, overcrowding, and the degradation of domestic wells on Wild Lane. The Planning Board considered the request by the applicant for a waivcr of the requirement of the Environmental Assessment and Community Impact Statement, a variance from the requirement that the lots be in conformity with the Zoning Ordinance, and a variance from the side yard set back requirements of the existing zoning. In considering the request the Planning Board 2 . . BABCOCK MEADOWS SUBDIVISION AMENDED PLAT FINDINGS OF FACT AND ORDER found that the Environmental Assessment was adequately completed with the original subdivision of the property and granted the requested waiver. The Planning Board also found that the Community Impact Statement, as updated, was adequate and granted a partial waiver to not require the additional sections provided in the update. In considering the request for the variances the Planning Board found that the variances would not be in the public interest in that they would unnecessarily vary from the standards established by the applicable regulations. The Board then voted on two separate motions regarding the subdivision. The first motion, to recommend approval of the subdivision as shown on the submitted drawings for Phase One, and with conditions as recommended by Staff, but to recommend disapproval of the requested variances to Subdivision design standards and side yard setbacks, passed on a unanimous vote of 9 for and 0 in opposition. The second motion, to recommend approval of the subdivision as shown on the submitted drawings for Phase Two, and with conditions recommended by Staff, passed on a vote of 7 for and 2 in opposition. IV. The application was considered by the Bozeman City Commission at their regular meeting on October 21, 1996, at which time the recommendation of the Planning Board was reviewed by the City-County Planning Staff. At the request of the Applicant's representative, the matter was moved to the evening portion of the City Commission meeting so that discussion and public hearing on the requested side yard variance could happen simultaneously. V. The application was considered by the Bozeman City Commission and weighed against the review criteria established by Statute, and found as follows: A PRIMARY REVIEW CRITERIA AGRICULTURE: The property is currently an existing subdivision within the City limits. No agricultural uses are on the property AGRlCUL TURAL WATER USER F ACIUTIES There is a ditch present on the property which passes through the linear park. The issues regarding the ditch were resolved during the initial approval of the subdivision. The proposed changes will not affect the ditch. 3 . . BABCOCK MEADOWS SUBDIVISION AMENDED PLA T FINDINGS OF FACT AND ORDER LOCAL SER VI CES The requested modifications to the plat will create the possibility of 37 additional dwelling units. Maximum development will create a total of 79 lots and 120 dwelling Units. Police and Fire protection is already provided to this site. Additional dwelling units will increase the likelihood of emergency services being required. Water and Sewer services can be provided by existing main lines. However, the new divisions to create townhouse lots require that the appropriate, conforming, service connections for water and sewer be provided to individual lots. The additional dwelling units, as proposed in the amended plats, will increase the traffic on West Babcock Street. The Community Impact Statement indicates that the additional traffic load will push the Level of Service on West Babcoek from an acceptable Level of Service C into an unacceptable Level of Service D. The City Commission found that a condition to limit build out to the eighty-three units originally approved until a future traffic study establishes adequate capacity on West Babcock an acceptable mechanism to avoid the degradation of the Level of Service. As in the initial approval of this subdivision, dedication of right-of-way for West Babcock Street and waivers of right-to-protest RIDs/SIDs were provided to assist in the future development of West Babcock Street. NA TURAL ENVIRONMENT As this is an existing subdivision, no additional effects to the natural environment will be incurred. WILDLIFE AND WILDLIFE HABIT AT As this is a previously approved subdivision, no significant, adverse effects on wildlife or their habitat have been identified for this area. PUBLIC HEALTH AND SAFETY The additional density contained in the amended plats increases the problems of traffic and pedestrian safety on West Babcock. To mitigate this situation a condition of approval was proposed and approved by the Commission which will limit the total buildout of the subdivision until improvements to West Babcock allow it to carry the additional burden safely. This will allow for more flexible development of the property without exacerbating a safety problem. 4 . . . BABCOCK MEADOWS SUBDIVISION AMENDED PLA T FINDINGS OF FACT AND ORDER The proposed sharing of water and sewer services would subject the future property owners to unwieldy maintenance problems in the future. Issues relating to access to the lines, maintenance, endangerment to health from sewage backups, and future unnecessary financial burdens to eventual property owners, are adequate reasons to not anow the requested nonstandard, shared, sewer and water services to the townhouse lots. 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 must comply with the standards of Chapter 16.16 of the Bozeman Area Subdivision Regulations. The Commission agreed with the Planning Boards approval of waivers to the requirement for an Environmental Assessment, and a partial waiver for the Community Impact Statement. 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 [mal 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. VI. The public testimony portion of the public hearings was closed by the City Commission and following discussion by the City Commission, the City Commission found that the proposed subdivision complies with the Bozeman Area Master Plan, Bozeman Area Subdivision Regulations, and the Bozeman Zoning Ordinance, if the requested variance from the subdivision regulations were denied and certain conditions were imposed. The evidence that justifies the conditions is that the subdivision must comply with the above referenced docwnents, and adverse impacts created by the subdivision, which require mitigation, justify the imposition of the conditions below. 5 . . . BABCOCK MEADOWS SUBDIVISION AMENDED PLAT FINDINGS OF FACT AND ORDER ORDER IT IS HEREBY ORDERED that the Amended Final Subdivision Plat and Amended Preliminary Subdivision Plat of a two phase, seventy-nine lot, major subdivision for Babcock Place Partners, JMB, Inc." Lunaria Investments, Keith and Patti Albrecht, John L. and Jean L. Morgan, Roger Harris & Sons, and Robert G. and Ruth E. Pringle be therefore approved, subject to the following conditions: 1. Unless expressly modified by the conditions below, all the applicable conditions from the original Prcliminary Plat approval of May 16, 1994, remain in full force and effect. 2. The townhouse lots shall be developed in a manner whieh will be in compliance with all zoning regulations. The townhouse lots proposed to be created by this applieation will be in compliance with the Bozeman Area Subdivision Regulations when they are provided with appropriate sewer and water services. 3. That the sewer main and water main in Donna A venue be taken off line and new services be installed in standard locations for the additional lots being created. This will require the following: a) Engineered plans and specifications showing existing services and new services proposed must be submittcd to the City Engineer's office for review and approval prior to any construction, b) Water main and sewer main will require additional testing after completion of the new stubs. Sewer main will require air or water test, water main will require rechlorination and pressure test. 4. No changes to the existing sewer and water infrastructure in Marilyn Court shall be pcnnitted. 5. Plal1.'i and Specifications for any water, sewer and/or storm sewer main extensions, and Public Streets (including curb, gutter & sidewalks) prcpared and signed 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 Environmental Quality (DEQ). The applicant shall also provide Professional Engineering sefVlces 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 on the public infrastructure improvements until the plans, specifications and shop drawings have been approved and a preconstruction conference has been conducted. Scparate water and sewer services shall be provided to each proposed townhouse or other building lot. Since it will be necessary to cut Donna Avenue in order to install the additional services, and since Commission Resolution 2972 prohibits cutting a street for 7 years from the time of construction, the owner must repave Donna Avenue from it intersection with Virginia Way to its cast end after installation of water and sewer services. 6. All infrastructure improvements including 1) water and sewer main extensions, which may not be financially guaranteed, and 2) Public or Private streets including curb/gutter, sidewalks, and storm drainage infrastructure improvements shall be financially guaranteed or COl1.'itructed prior to filing of the final plat. No building permits will be issued prior to completion and acceptance of the Public infrastructure improvements, i.e. sewer and water mains. 7. Amended Covenants shall be recorded with the Final Plat which shall specifically include the following provisions: Section VI. Land Use Regulations: 3. All residences shan be single-family or multi-family structures as approved by the City of Bozeman. The construction of the dwelling units, or any additions thereto, shan be completed within 6 . . . BABCOCK MEADOWS SUBDIVISION AMENDED PLA T FINDINGS OF FACT AND ORDER one hundred eighty (180) days from the time the construction of the same is started. The Committee shall have the authority to order the dismantling and removal of any improvement or construction which shall be in violation of this paragraph. Modifications may bc desired to sections V. Architectural Committee, number 6, relating to zero lot line structures, VI. Land Use Regulations, number 5, relating to landscaping, number 13.C, relating to parking and garages, number 20.a, relating to fencing for lots proposed to be removed by this application, and number 20.b, relating to fencing along the west of the property 8. Sewer and water services shall be approved by the Water/Sewer Superintendent. City of Bozeman Applications for scrviec shall be eomplcted by the applicant. 9. That the applicant requcst that the Bozeman City Commission and Park Superintendent institutc a Parks Maintenance District for the maintenance of park land cncompassed by the proposed development prior to Final Plat approval. 10. Sufficient water rights or cash-in-lieu must be provided prior to final plat approval. 11. A list of all property owners in the subdivision must be submitted to the Planning Office. This list must be kept current with all changes in property ownership in the subdivision until the Final Plat is filed. Additionally, evidence must be provided that all current property owners are agreeablc to the amending of the existing plat. 12. 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. 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. The construction of sewer and water improvements may not be financially guaranteed. 13. Two clothback, two mylar eopics, and a digital copy of the final plat, acceptable to the Engineering Division of the City of Bozeman, must be submitted with thc Final Plat application. Conditional approval of the Preliminary Plat shall be in force for not more that three ealcndar years, as provided by State Statute. Prior to that expiration date, thc dcvcloper may submit a letter of request for the extension of the period to the Planning Director for the City Commission's consideration. 14. No more than eighty-three (83) dwelling units shall be constructed in the Babcock Meadows Subdivision, inclusive of both Phase One and Phase Two except as allowed below. Prior to the approval of the eighty-fourth (84th) dwelling unit for construction in either phase of Babcock Meadows, a traffic study shall be conductcd for the purpose of evaluating the capacity of West Babcock Street. If the traffic study shows that adequatc capacity exists to maintain a Level of Service C then the restriction on buildout will be lifted and the remainder of the lots may be constructed upon at densities allowable by the zoning, plat restrictions, or covenants, whichever is more restrictive. If the traffic study shows that capacity is at a Level of Service D, or will fall to a Level of Service D, then the restriction on buildout will remain until such time as capacity is added to West Babcock Street to maintain Level of Service C. This restriction shall be recorded on the face of the Final Plat or within the duly filed covenants for the Home Owners Association for Babcock Meadows Subdivision or its successors. Ifrceorded in the covenants then the City must be made a party to that portion ofthe covenants. 7 . . R , .. BABCOCK MEADOWS SUBDIVISION AMENDED PLA T FINDINGS OF FACT AND ORDER 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. , DATED this 18th day of November, 1996. BOZEMAN CITY COMMISSION BY:(~ t~~ Don E. Stueck, Mayor '} ?1/l: ~ ~~ APPROVED AS TO FORM: ~/,/ ;I / ,"-) ,,{;?l(// ?-'X/{ Ul/--f Robin L. Sullivan ~aul J. LuwfL."..-/' \ ..,' Clerk of the Commission City Attorney 8