HomeMy WebLinkAbout96- Clair Daines at Alderson Place Condominiums
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BEFORE THE BOZEMAN CITY COMMISSION
IN THE MATTER OF THE APPLICATION OF FINDINGS OF FACT
CLAIR W. DAINES, FOR PRELIMINARY PLAT AND ORDER
REVIEW OF ALDERSON PLACE CONDOMINIUMS,
SUBDIVISION, CITY OF BOZEMAN, GALLATIN COUNTY,
MONTANA
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
and public meeting were scheduled, after notice given, before the Bozeman City-County Planning
Board on August 6, 1996, and before the Bozeman City Commission on August 19, 1996, on the
above-entitled application. The purpose of the public hearing and public meeting was to review the
preliminary subdivision plat application of Alderson Place Condominiums 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.
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
as the City Commission was fully advised of all matters having come before it regarding this
application, makes the following Findings of Faet, as required:
FINDINGS OF FACT
1.
The application for the preliminary subdivision plat review of Alderson Place
Condominiums Subdivision, was submitted to the Bozeman City-County Planning Offiee on June
14, 1996. The preliminary subdivision plat, as proposed, will create twelve (12) condominium
units consisting of six (6) duplex structures. The units will be servcd by City of Bozeman water
and sanitary sewer services, and will be accessed from East Alderson Street and Dell Place.
Approximately 0.99 acres of open space is proposed with this application.
II.
Notice of the public hearing before the Bozeman City-County Planning Board and public
meeting before the Bozeman City Commission was published in the Bozeman Daily Chronicle on July
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21, 1996, and the notice was mailed by Certified mail, return receipt requested, to all adjoining
property owners.
III
Prior to the public hearing before the Bozeman City-County Planning Board the applicant
requested a one (1) week extension of the sixty (60) day review period for Preliminary Subdivision
Plat review of Alderson Place Condominiums Subdivision.
IV.
The matter of preliminary subdivision plat review was heard before the Bozeman City-County
Planning Board on August 6, 1996. The Planning Staff reviewed the project at that time and read
written testimony into the public record from Jeff Downhour, 418 South Bozeman, and Brian Leland,
528 North Bozeman, expressing eoncerns regarding planned unit development requirements, zoning
regulations, sewer capacity, impact fees, traffic impacts. setbacks and high ground water.
Clair Daines, Clair W. Daines, Inc., applicant, commented on the history of the project and
responded to changes in legislation regarding subdivision review of condominium development. Mr.
Daines commented that municipal water and sanitary sewer services have already been installed, and
construction of the project has already received Major Site Plan Review by the Planning Board. The
applicant also responded to questions from the Planning Board regarding priee range of condominium
units, historical ownership of property and adjacent property to the south, groundwater, flooding and
proposed pedestrian pathway.
During public testimony Kay Ruh, 609 Dell Place, voiced concern regarding the location of
the trail, maximum allowable density, flooding, high ground water, and existing condition of Matthew
Bird Creek.
V.
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 Bozeman Area Master Plan, the Planning Board
reviewed and considered the five review criteria established in Title 73-3-608, M.C.A., 1993.
The Planning Board considered the recommended conditions prepared by the Planning Staff
and discussed zoning setback requirements, zoning and subdivision planned unit development review
procedures, ownership of adjacent south property, park land, trail system, private streets,
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environmental assessment, wetlands, location of boardwalk and foot bridge across Matthew Bird
Creek.
The Planning Board found that the preparation of a Community Impact Statement and
Environmental Assessment were not necessary as most of the information can be found in the
Bozeman Area Master Plan and was considered during Major Site Plan Review of the proposed
twelve (12) unit condominirnndevelopment on said property. Therefore, the Planning Board granted
a waiver ofthese requirements.
After considering the reeommended conditions of the Planning Staff, the Planning Board
directed the Planning Staff to work with the developer to redirect the trailway along its hi storie lines
and cnsure an adequate footbridge across Mathew Bird Creek.
VI.
The Planning Board found that with attach cd conditions, the subdivision would comply with
the primary review criteria, and therefore voted 8-1 to forward a recommendation of conditional
approval to the Bozeman City Commission in Planning Resolution No. P-9631.
VII.
The matter was considered at a public meeting before the City Commission on Monday,
August 19, 1996. The Planning Staff reviewed the project at that time and forwarded the Planning
Board's recommcndation to the City Commission.
Mr. Clair Daines, applicant, discusscd allowable density, sanitary sewcr capacity, installation
of sanitary sewer, water and road improvements, ground water, flooding, trail system, and
maintaining cxisting vegetation.
VIII.
The City Commission considered the minutes, public record and recommendation of the
Planning Board, the developer's testimony, and weighed the proposed subdivision against the primary
criteria for subdivisions established in Title 76-3-608, and found as follows:
76-3-608(3)(a):
1) EFFECTS ON AGRICULTURE
Historically, the property has not becn identified as agricultural use and is located within the
core of one ofthe older sections of the City of Bozeman. The property is master planned for
Urban Rcsidcntial Infill and is encompassed by residential development on three sides. It is
also in close proximity to Galligator Linear Park, a public open space/linear trail corridor.
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2) EFFECTS ON AGRICULTURAL WATER USERF ACILlTIES
The conditions of approval for the Major Site Plan Review application require the applicant
to provide a ten (10) foot wide water right diversion easement across the subjcct property
from Mathew Bird Creek to the adjacent land at the southwest corner owned by Kenneth and
Mary Bryson. This eascment has been recorded filed at the Gallatin County Clerk &
Recordcr's Officc.
3) EFFECTS ON LOCAL SERVICES
No adverse impact on local scrviccs have been identified by the Development Review
Committcc or local review agencies from the proposcd twelve-unit condominium
development. Installation of required municipal infrastructure (sewer and water) and public
streets has been completed to the approval of the City Engineer's Office. The Fire
Department has commented that they can provide adequate emergency serviccs to the
property with the infrastructure that was installed.
4) EFFECTS ON NATURAL ENVIRONMENT
The effects to the natural cnvironment which have been identified in the maintenance and
protection of existing mature vegetation and wetlands identified on the subject property,
gcnerally along thc south half of the site. Due to the development's proximity to Matthew
Bird Creek and applicable floodplain boundarics, both a 35-foot stream setback and
delineation of the floodplain boundaries are provided on the Preliminary Plat.
5) EFFECTS ON WILDLIFE AND WILDLIFE HABIT A T
The substantial amounts of mature vegctation along the south half of the property are home
to numcrous small animals and birds. However, no significant wildlife and/or wildlife habitat
have becn identified by the Department ofFish, Wildlife & Parks.
6) EFFECTS ON PUBLIC HEALTH AND SAFETY
Public facilities and utilities have been extcnded to the site at cost to the developer. The
ability to provide emergency scrvices (i.e., fire, police and ambulance) has already been
addresscd during Final Site Plan approval. No additional impacts on public health and safety
have been identified by local review agencies.
The relocation of a pedestrian boardwalk/sidewalk to the east side ofthe site during Major
Site Plan Review of project was required by the City Commission to effectively encourage
use by the general public from Galligator Linear Park. However, thc pedestrian walkway is
abrupted by Mathcw Bird Creek on the property to the south. Relocation of the creek
crossing at its current location in the southwest corner or construction of a new crossing at
the southeast corner of the property should be considered by the applicant, even though the
crossing would be situated on the adjacent property. Without a pedestrian bridge the general
public would be discouraged from using the boardwalk/sidewalk through the condominium
development.
76-3-608(3)(b ):
Compliance With:
(i) Survey Requirements of the Montana Subdivision and Platting Act:
The Final Plat shall conform to the Uniform Standards for Final Subdivision Plats,
contain all appropriate certificates, and be accompanied by all appropriate documcnts.
The Final Plat shall contain the Certificates of Installation of Improvements, Planning
Director, and Governing Body.
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(ii) Local Subdivision Regulations:
Section 16.l4.050.B stipulates that each planned unit dcvelopment shall provide an
arca for dedicated park and/or open spacc appropriate in size to the proposed
development and design. However, such arca shall not be less than thirty percent
(30%) of the area of the planned unit development, exclusive of all dedications. Fifty
percent (50%) of the rcquired open space shall be of common ownership by the
homeowner's association.
Fifteen perccnt (15%) of the property, or 0.30 acres, is not designated on the
Prcliminary Plat for common open space. However, the design of the condominium
developmcnt encourages the south half of the property to remain in common
ownership to protect the mature vegetation and wetlands area. The site statistics for
the development indicatc that fifty percent (50%) of the project is allocated to open
space, which satisfies the open space provision of the subdivision regulations.
However, thc Final Plat must identify fifteen (15%) of the site as being in common
ownership of the homeowner's association and also noted accordingly in thc by-laws
and declaration for the association.
(iii) Local Subdivision Review Procedure:
The local subdivision rcview procedures for preliminary subdivision plat review of
Alderson Place Condominiums Subdivision have been met.
76-3-608(3)( c ):
Provision of Easements For The Location and Installation of Any Planned
Utilities:
The necessary easements for installation of the required municipal infrastructure and
public pedestrian circulation system have been filed at the Gallatin County Clerk &
Recorder's Office. A ten (10) foot wide water right divcrsion easement from Mathew
Bird Creek for the southwest adjacent property owncr, Mr. Ken Bryson, has also
becn recorded and filed.
76-3-608(3)(d):
Provision of Legal and Physical Access to Each Parcel Within the Subdivision:
Although no parcels are being created with this application due to the condominium
character of the dcvelopment, adequate acccss to the development is provided by a
private street which links two public streets, East Aldcrson Street with Dell Place.
As a result, both a principal access, East Alderson Strcet, and a secondary access,
Dell Place, are proposed with this development in order to provide good effective and
safe access for residents, thc general public and emergency services.
ORDER
IT IS HEREBY ORDERED that the Preliminary Subdivision Plat to create twelve (12)
condominium units consisting of six (6) duplex structures to be known as Alderson Place
Condominiums Subdivision, has bccn found to meet the primary criteria of the Montana Subdivision
and Platting Act, and is therefore approved, subject to thc conditions listed below. Thc evidence that
justifies the conditions is to ensure that the Final Plat complies with all regulations and that all review
criteria arc positively addressed.
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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 thc City Commission,
by following the procedures of Section 76-3-625, M.C.A.
1. That the Final Plat conform to the Uniform Standards for Final Subdivision Plats, including
the Certificates of Installation oflmprovcments, Planning Director and Governing Body, and
be accompanied by all appropriate documents;
2. That the Declaration and By-Laws for thc Alderson Place Condominiums homcowncr's
association be amended according to thc rccommendations provided in the staff report for
review and approval by the Planning Office prior to Final Plat approval;
a) Define and delineate on an attached exhibit all areas to be designated as "Common
Open Space" for use by the Homeowner's Association:
b) Referencc and identify the location ofthe following easements:
I) Ten (10) foot wide water right diversion easement from Mathew Bird Creek to the
Kenneth and Mary Bryson property to include the legal description; and
2) Tcn (10) foot wide public pedestrian easement, to include thc legal description.
c) Reference thc following boundaries and building setbacks;
I) 100-ycar flood plain boundary for Mathew Bird Crcek;
2) 35-foot stream setback for Mathew Bird Creek;
3) Existing wetlands boundary.
d) Provide in the declaration of the Homeowner's Association provision for the
assessment and general maintenance, repair, upkeep and management of: 1) common
open space; 2) private street; 3) snow removal and storage areas for privatc street;
4) pcdestrian sidewalks, boardwalk, streetscape for private street, and landscaping.
3. That the developer work with the Planning Staff to redircct the trail along its historic lines and
ensure an adequate footbridge across Mathew Bird Crcek;
4. That the Final Plat and Homeowner's Association documents delineate and describe the
location of the prescribed thirty percent (30%) open space and fifteen percent (15%)
"common open space" for review and approval by the Planning Office prior to fmal plat
approval;
5. Preliminary plat approval does not exempt the applicant from impact fees cstablished at an
earlier date which are based on Final Site Plan approval and issuance of a building permit( s)
to proceed with the project. Final plat approval shall be subject to any impacts fees for each
condominirnn structurc which are implemented through issuance of building permits after
September 22, 1996;
6. That the maturc willow trees identified on the fmal site plan, which are in proximity to
Building No.3, not be removed from the site unless thc applicant can demonstrate that they
cannot be salvaged by providing the Planning Office with certification from a ccrtified arborist
stating that they will not survive and should be removed prior to final plat approval;
7. A Building Permit shall be obtaincd prior to construction of structures and must be obtained
within onc (I) year of Final Plat approval;
8. Within sixty (60) days of final completion of all site work, the applicant's licensed architect
or cngincer overseeing the project shall certify to the City-County Planning Office that all
improvements have been completed in accordance with the approved Final Sitc Plan and Final
Plat;
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9. If occupancy of anyone condominium structure is to occur prior to installation of all on-site
improvements, the Improvcmcnts Agreement must be secured by a mcthod of security cqual
to one and one-half times the amount of the estimated cost of the scheduled improvements
not yet instalIcd. Said method of security shall be valid for a period of not lcss than twelve
(12) months; however, all on-site improvements shall be completed by the applicant within
ninc (9) months of occupancy to avoid default on the method of security; and
10. The applicant shall have three (3) years from the date ofpre1iminary plat approval to complete
the above conditions and apply for Final Plat approval.
The preliminary approval ofthis subdivision shall be effective for threc (3) years from the date
of Preliminary Plat approval, August 19, 1999. At the end of this period the City Commission may,
at the request of the subdivider, extend its approval for not more than one (1) calendar ycar.
However, preliminary approval may be extended for more than one (1) calendar year if the developer
enters into, and secures, an Improvements Agreement for the Subdivision.
DATED this 2nd day of December ,1996.
BOZEMAN CITY COMMISSION
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Don E. Stucck, Mayor
ATTEST: APPROVED AS TO FORM:
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Robin Sullivan, Clerk of the Commission Paul LuwcyCity Attorney
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