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HomeMy WebLinkAbout97- Thomas, Dean and Hoskins at North Meadows Subdivision Phase 2 . , , NORTH MEADOWS SUBDIVISION PHASE 2 AND AMENDED PHASE 1 PLAT 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 TWO AND AMENDMENT OF 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 2 and amendment of Phase 1 of a two phase, twenty-four lot, major subdivision as submitted in its original form by the applicant on Mareh 17, 1997 and modified drawings provided on April 29, 1997, P-9715, 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 Aet, 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 2 of a two phase, major subdivision dividing 23.236 acres, owned by Sunrise Development L.L.c., into twenty-four lots on property loeated in the NW~ of Section 11, T.2S, R.5E, PMM, Gallatin County, Montana, otherwise known as North Meadows, was made on March 17, 1997. Phase 2 of the subdivision will divide 7.8977 acres to create 4 lots for residential, or other approved uses, and 1 lot for commercial development. The amended Phase 1 is to relocate the approved public park and change some lot configurations without increasing the number of lots. 1 , NORTH MEADOWS SUBDIVISION PHASE 2 AND AMENDED PHASE 1 PLAT FINDINGS OF FACT AND ORDER 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 May 6, 1997 regular meeting. III. The Bozeman City-County Planning Board eonsidered the application at their regular meeting on May 6, 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 Ordinanee. 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 argwnents to address the concerns raised in the Staff report. The Planning Board then opened the public hearing. One member of the public offered comment in support of the application. 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 required information had been previously waived with the original review of Phase 1 and granted the requested waiver. The Board also considered the requested relocation of park land and lots in Phase 1 and found that it would not negatively affect the proposed Phase 2 of the subdivision. 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 2 and Phase 1 amended, received by the Planning Office on April 29, 1997, and with conditions as recommended by Staff, passed on a unanimous vote of 8 for and 0 in opposition. IV. The applieation was considered by the Bozeman City Commission at their regular meeting on May 19, 1997, at which time the recommendation of the Planning Board was reviewed by the City-County Planning Staff. V. 2 . , . NORTH MEADOWS SUBDIVISION PHASE 2 AND AMENDED PHASE 1 PLAT FINDINGS OF FACT AND ORDER 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 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 been maintained. The property is also a remainder parcel in a previously approved subdivision. AGRICULTURAL WATER USER FACILITIES There is a ditch present on the property which passes through the westerly portion of the property. The ditch will be relocated to the western edge of the property and will be loeated within a 20 foot wide or greater maintenance easement. The flow is required to remain unchanged. LOCAL SERVICES Police and Fire protection will be available to this site at the time of annexation. The development of the property will increase the likelihood of emergency services being required. Water service can be provided by existing 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 recommended 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 eapacity which may be pursued by the developer which will provide adequate service. The developer has put forth a proposal which will be reviewed by Staff 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 whieh 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 a need for adequate provision for nonautomobile transit along Durston Road. Currently sidewalks have generally been 3 - . . NORTH MEADOWS SUBDIVISION PHASE 2 AND AMENDED PHASE 1 PLAT FINDINGS OF FACT AND ORDER provided along the southern side of Durston Road. As this project develops they will need to continue this installation on their property. The second possible effect is the possible over loading of the sewer. If adequate eapacity 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. 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 REGULA nONS 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 Community Impact Statement. D. COMPLIANCE WITH THE REQUIRED SUBDIVISION REVIEW PROCEDURES. The applieation complies with the subdivision review proeedures. 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 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 Ordinance, if certain conditions were imposed. The evidenee that justifies the eonditions is to ensure that the final plat complies with all regulations, that appropriate and necessary water and sewer services are provided, safe and appropriate vehicular circulation be provided for, and required paybacks for previously installed infrastructure be made. ORDER IT IS HEREBY ORDERED that the Preliminary Subdivision Plat of Phase 2 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: 4 * . . . NORTH MEADOWS SUBDIVISION PHASE 2 AND AMENDED PHASE 1 PLAT FINDINGS OF FACT AND ORDER 1. 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 improvements required for full development shall be prepared and submitted to the City Engineer for review and approval. 2. The final improvement drawings shall be adequately dimensioned. 3. The Developer shall be responsible for the payback of SID No. 621 (sewer) Payback Area fees and the Main Mall Sewer Payback Area fees. The paybacks must be completed prior to final plat approval. 4. Ditch information: a. Stormwater generated by the proposed subdivision which discharges to a privately owned ditch must have written permission ofthe ditch owner. b. The Applicant shall obtain written permission from the existing ditch owners, Farmers Canal, for any proposed relocation or the creation of any pond. c. The Gallatin Conservation District shall be contacted by the applicant regarding any proposed ditch relocation and any required permits shall be obtained prior to any work commencing. 5. The proposed water main along Durston Road shall be extended west along the entire length of the property line. 6. 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. 7. 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. 8. All private drive approaches shall be eonstructed in accordance with the City's standard approach, i.e., concrete apron, sidewalk section and drop-curb. An approved temporary cul-de- sac shall be installed on West Villard Street. 9. 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. 11. The proposed covenants shall be modified to reflect the changes for the covenants in Phase 1. 12. Prior to the initiation of construction the Applicant shall demonstrate that he has contacted and is in compliance will the Montana Department of Environmental Quality Permitting and Compliance Division Storm Water Control and Permitting Program. 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. 5 .. . .. i .. . NORTH MEADOWS SUBDIVISION PHASE 2 AND AMENDED PHASE 1 PLAT FINDINGS OF FACT AND ORDER DATED this 21st day of July, 1997. BOZEMAN CITY COMMISSION By: cJ)~ / ~J;;n ...J Don E. Stueck, Mayor ...._, 712 J ~&:-.-- APPROVEDXS ~ / " Robin L. Sullivan Clerk of the Commission 6