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HomeMy WebLinkAbout97- Thomas, Dean and Hoskins at North Meadows Subdivision Phase 1 . . . . NORTH MEADOWS SUBDIVISION PHASE 1 PLA T FINDINGS OF FACT AND ORDER BEFORE THE BOZEMAN CITY COMMISSION GALLATIN COUNTY, MONTANA IN THE MATTER OF THE APPLICATION OF THOMAS, FINDINGS OF FACT DEAN & HOSKINS FOR PRELIMINARY PLAT OF NORTH AND ORDER MEADOWS SUBDIVISION PHASE ONE, ON BEHALF OF SUNRISE DEVELOPMENT, L.L.C. 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 Phase I of a two phase, twenty-four lot, major subdivision as submitted in its original form by the applicant on February 11, 1997, P-9709, 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 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 1. The application submitted by Thomas, Dean & Hoskins for approval to create Phase I of a two phase, major subdivision dividing 23.236 acres, owned by Sunrise Development L.L.C., into twenty-four lots on property located in the NWy.. of Section 11, T.2S, R.5E, PMM, Gallatin County, Montana, otherwise known as North Meadows, was made on February 11, 1997. Phase I of the subdivision will divide 15.889 acres to create 19 lots for multi-family use, and 1 lot for commercial development. II. 1 , . NORTH MEADOWS SUBDIVISION PHASE 1 PLA T FINDINGS OF FACT AND ORDER 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 March 18, 1997 regular meeting. III. The Bozeman City-County Planning Board considered the application at their regular meeting on March 18, 1997. The Planning Board found that the application was properly submitted and reviewed under the procedures of the Bozeman Area Subdivision Regulations and the Bozeman Area Zoning Ordinance. Staff reviewed the staff report and answered questions from the Board. The applicant and his representatives made a presentation in favor of the requested subdivision, and presented arguments to address the concerns raised in the Staff report. The Planning Board then opened the public hearing. No members of the public offered comment. The Planning Board considered the request by the applicant for a waiver of the requirement of the Environmental Assessment and Community Impact Statement In considering the request the Planning Board found that the information required from an Environmental Assessment was adequately addressed in the Master Plan and granted the requested waiver. The Planning Board also found that the submitted information on infrastructure impacts, as amended, was adequate and granted a partial waiver to not require the additional sections of the Community Impact Statement. The Board then voted on a motion regarding the subdivision. The motion, to recommend approval of the subdivision as shown on the submitted drawings for Phase One, and with conditions as recommended by Staff, passed on a unanimous vote of 8 for and 0 in opposition. IV. The application was considered by the Bozeman City Commission at their regular meeting on April 7, 1997, at whieh time the recommendation of the Planning Board was reviewed by the City-County Planning Staff. 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 2 . . NORTH MEADOWS SUBDIVISION PHASE 1 PLA T FINDINGS OF FACT AND ORDER AGRICUL TURE: This property was in production as small grains. The proposed subdivision will remove the land from production. As the land has been approved for annexation to the City of Bozeman, it is not anticipated that agricultural production would have bcen maintained. AGRlCUL TURAL WATER USER FACILITIES There is a ditch present on the property which passes through Lot 4 of Block 4, as well as the remainder portion of the total property. The ditch will be relocated to the western edge of the property and will be located within a 20 foot wide maintenance easement. The flow will remain unchanged. LOCAL SERVICES Police and Fire protection will be available to this site at the time of annexation. The developmcnt of the property will increase the likelihood of emergency services being required. Water service can be provided by cxisting main lines when properly extended and looped by the developer. However, provision must be made for appropriate locations and numbers of service connections to individual lots. The size of the large lots allows for considerable numbers of dwelling units on each lot. For this reason, it is rccommended that oversized service stubs be placed which can provide adequate service to future development. The sewer, as mentioned above, is restrictive in its capacity. The wastewater treatment plat is able to handle the increased flows, however, the transmission lines are inadequate for additional development. There are options for the development of additional transmission capacity which may be pursued by the developer which will provide adequate service. The traffic generated by the development of this subdivision will increase the traffic on Durston Road. The existing road appears capable of carrying the additional traffic load. In the annexation of the property for this subdivision waivers of right-to-protest RIDs/SIDs were provided. Dedication of right-of-way for Durston Road is being provided with the subdivision which will assist in the future improvement of the street. NATURAL ENVIRONMENT No natural stream courses or wetlands have been identified on this property, at this time. As the parcel has been farmed, no mature vegetation is present which will be removed for the subdivision. WILDLIFE AND WILDLIFE HABITAT As this property has been actively in agricultural production, no significant, adverse effects on wildlife or their habitat have been identified for this area. PUBLIC HEALTH AND SAFETY There are two possible effects on public health and safety from the current proposal. The first is the additional traffic on Durston Road. There is no provision for nonautomobile transit along West Babcock Street. Additional crowding will increase the likelihood of accidents. This is especially true of pedestrian/cyclist and auto collisions. The issues relating to pedestrian/cyclist safety must be addressed through road improvements and provision of sidewalks. The second possible effect is the possible over loading of the sewer. If adequate capacity is not provided for peak sewer flows the likelihood of sewer backups and sewage contact with persons is greatly increased. Other than these two identified problems no substantial negative effects have been identified. 3 . . . . NORTH MEADOWS SUBDIVISION PHASE 1 PLA T FINDINGS OF FACT AND ORDER 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 will comply with the standards of Title 16 of the Bozeman Municipal Code, the Bozeman Area Subdivision Regulations when the required conditions are met. The Commission agreed with the Planning Board's 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 willhave legal and physical access to a standard, dedicated, 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 Ordinanee, if certain conditions were imposed. The evidence that justifies the conditions is that the subdivision must comply with the above referenced documents, and adverse impacts created by the subdivision, which require mitigation, justifY the imposition of the conditions below. ORDER IT IS HEREBY ORDERED that the Preliminary Subdivision Plat of Phase One of North Meadows, a two phase, twenty-four lot, major subdivision for Sunrise Development L.L.c., be therefore approved, subject to the following conditions: 1. Annexation to the City of Bozeman, with all conditions, shall be completed. 2. The applicant shall design and construct line A2, as designated in the Draft Wastewater Facility Plan, or an alternative routing, as approved by the City Engineer. A Predesign Report addressing the master planned sewer system to identifY necessary sewer system 4 . . . . NORTH MEADOWS SUBDIVISION PHASE 1 PLA T FINDINGS OF FACT AND ORDER improvements required for full development shall be prepared and submitted to the City Engineer for review and approval. 3. The final improvement drawings shall be adequately dimensioned. 4. Plans and specifications for any water, sewer and/or storm sewer main extensions, and Public or Private Streets (including curb, gutter & sidewalks) prepared and signed by a Professional Engineer (PE) 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 services for construction inspection, post- construction certification, and preparation of mylar record drawings. The Engineer shall provide a Pavement Design Report for the proposed streets. 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 and speCifications have been approved and a pre-construction conference has been conducted. 5. All infrastructure improvements including 1) water and sewer main extensions, which must be eonstructcd, and 2) Public or Private streets including curb/gutter, sidewalks, and storm drainage infrastructure improvements shall be financially guaranteed or constructed prior to filing of the final plat. No building permits will be issued prior to completion and acceptance of the Public Infrastructure improvements. 6. The Developer shall be responsible for the payback of SID No. 621 (sewer) Payback Area fees and the Main Mall Sewer Payback Arca fees. The paybacks must be completed prior to final plat approval. 7. A Stormwater Grading, Drainage and Treatment 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 public 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), stormwater detention/retention basin details (including basin sizing and discharge calculation and discharge structurc details), stormwatcr discharge destination and a stormwater maintenance plan. If the grading design discloses any adverse impact to off-site properties, nccessary design altcrations and/or drainage conveyance devices and easements must be provided. The stormwater 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. Note: It will ultimately be the responsibility of the Homeowner's Association to ensure that the Maintenance Plan is consistently enforced. Its further recommended that implementation of the Plan be included in the covenants and therefore a condition of plat approval. 8. Ditch information: a. Stormwater gencrated by the proposed subdivision which discharges to a privately owned ditch must havc written permission of the ditch owner. b. The Applicant shall obtain all necessary permits any proposed relocation or creation of any pond. c. Pursuant to Section 16.12.050 of the City Code, a 10' utility easement shall be provided on both sides of the water course. 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. d. The Montana Fish Parks and Wildlife, shall be contacted by the applicant regarding any proposed ditch/stream relocation and any required permits (i.e. 310, 404, Turbidity exemption, etc.). 5 . . .. . . NORTH MEADOWS SUBDIVISION PHASE 1 PLA T FINDINGS OF FACT AND ORDER 9. Sufficient water rights or cash-in-lieu, as calculated by the Public Service Director, must be provided prior to final plat approval. 10. The proposed water main along Durston Road shall be extended west along the entire length of the property line. 11. The location of and distinction between existing and proposed sewer and water mains and easements shall be clearly depicted, as well as nearby fire hydrants and proposed fire hydrants. 12. Sewer and water services shall be shown on the final drawings and approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant. Oversized service stubs shall be provided for looping of water and provision of sewer services to the large R-4 lots. Project infrastructure phasing, including all utility ohasing, shall be clearly defined on the drawings and in the Predesign Report. 13. City standard sidewalk shall be installed and properly depicted at the standard location (i.e., 1 foot off property line) along the street(s) frontage. Any deviation to the standard alignment or location must be approved by the City Engineer. Sidewalks shall be constructed by lot owners within three (3) years of plat approval regardless of whether other improvements have been made to the lot(s). The developer shall install City standard residential sidewalks on all public street frontages that abut park land or open space areas at the time the street improvements are installed. These improvements shall be completed prior to plat approval or secured by an improvement agreement and financial guarantee. 14. All private drive approaches shall be constructed in accordance with the City's standard approach, i.e., concrete apron, sidewalk section and drop-curb. 15. A temporary cui-dc-sac shall be installed on West Villard Street. The temporary cul-de-sac on Michael Grove A venue shall be signed and painted for "No Parking" to allow for snow removal. AI' ''no access" strip shall be placed along the north property line of Lot 1 of Block 1. 16. 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. 17. The width of the utility easement on the west side of Lot 4, Block 4 shall be added to the plat. The easement depicted for utilities on Lot I, Block 1 needs to be 30'. 18. The park land dedication shall be provided in accordance with the 1995 changes to 76-3-621 M. c.A. The required dedication for Phase One is 38,570 sq. ft. The proposed 44,291 sq. ft dedication is acceptable and will create a balance of 5,701 sq. ft. which may be applied toward meeting the requirements for Phase Two. The detention pond site shall not be identified as "park", it should be identified as common open space. 19. An Occupancy Permit must be obtained from the County or appropriate governing body for locations of water and sewer mains within the public right-of-way. 20. If construction activities related to the project result 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, Water Quality Bureau, shall be contacted by the Applicant to determine if a Storm Water Discharge Permit is necessary. If required by the DEQ, an erosion/sediment control plan shall be prepared for disturbed areas of 5 acres or less if the point of discharge is less than 100' from State Waters. 21. The proposed covenants shall be modified as follows: a. Section 3.5 to read "(60)" days not "(6)". b. Section 5.3.1 needs the reference to horses rClTIOved as they are not allowed in an R-4 zone. c. Section 5.4.1 needs to mention that the covenants apply to lots zoned R-3 as well as R-4. 6 ---- ---- ------ . . .. .. . NORTH MEADOWS SUBDIVISION PHASE 1 PLA T FINDINGS OF FACT AND ORDER d. Section 5.6.5 limits development to a single occupied building on each lot. This seems to be unwise on the large R-4 lots. e. The proposed covenants shall be modified as necessary to allow for the upkeep and maintenance of the detention pond site as a responsibility of the property owners association. The City of Bozeman shall be made a party to the portions of the covenants which provide for the maintenance of the stormwater system. 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. 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% of the cost of the remaining improvements. The construction of sewer and water improvements may not be financially guaranteed. 23. Two elothback, or other Record copy(ies) acceptable to the Gallatin County Clerk and Recorder, two mylar copies, and a digital copy of the final plat, acceptable to the Engineering Division of the City of Bozeman, must be submitted with the Final Plat application. Conditional approval of the Preliminary Plat shall be in force for not more that three calendar years, as provided by State Statute. Prior to that expiration date, the developer may submit a letter of request for the extension of the period to the Planning Director for the City Commission's consideration. The Developer shall have three (3) years from the date of preliminary approval to complete the above conditions and apply for final plat approval. The developer shall either install the required improvements, or, unless otherwise provided for, with permission from the Bozeman City Commission, enter into a written subdivision improvements agreement, with the City of Bozeman guaranteeing the construction and installation of all required improvements in conformance with all policies, standards, and resolutions adopted by the City of Bozeman 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. June DATED this 2nd day of A=pril, 1997. BOZEMAN CITY COMMISSION By: ( 2/~~ Don E. Stueck, Mayor ATTEST: ~ 0/ A;~ Robin L. Sullivan Clerk of the Commission 7 -----.----