HomeMy WebLinkAbout97- Diamond Enterprises at University Condominiums
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BEFORE THE BOZEMAN CITY COMMISSION
IN THE MATTER OF THE APPLICATION OF FINDINGS OF FACT
DIAMOND ENTERPRISES, INC., FOR PRELIMINARY AND ORDER
PLAT REVIEW OF UNIVERSITY 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 Tuesday May 20, 1997, and before the Bozeman City Commission on Monday, June 2,
1997, on the above-entitled application. The purpose of the public hearing and public meeting was
to review the preliminary subdivision plat application of University 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 Fact, as required:
FINDINGS OF FACT
I.
The application for the preliminary subdivision plat review of University Condominiums
Subdivision, was submitted to the Bozeman City-County Planning Office on April 8, 1997. The
preliminary subdivision plat, as proposed, will create thirty-four (34) condominium units
consisting of seventeen (17) duplex structures. The condominium units will be served by City of
Bozeman water and sanitary sewer services, and will be accessed from Kagy Boulevard.
Approximately 1.548 acres, or 43.5% of the gross area of the development, is proposed to remain
as open space with this application.
II.
Notice of the public hearing before the Bozeman City-County Planning Board and publie
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meeting before the Bozeman City Commission was published in the Bozeman Daily Chronicle on May
4, 1997, and the notice was mailed by Certified mail, return receipt requested, to all adjoining
property owners.
III.
The matter ofprelirninary subdivision plat review was heard before the Bozeman City-County
Planning Board on May 20, 1997, as a Consent Agenda item. The Planning Staff responded to
questions from the Planning Board at that time and noted that the Planning Office had not received
any written testimony on the application as of the public hearing before the Planning Board. Ralph
Olsen, 1605 West Kagy Boulevard, expressed concern regarding the amount of traffic on Kagy
Boulevard and the increasing traffic with new development in the area.
As there was no public testimony and the applicant did not wish to comment on this
application for Preliminary Plat Review, the Planning Board chose not to remove the item from the
Consent Agenda.
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 six 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 staffs condition three regarding common open space provisions.
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
thirty-four (34) unit condominium development on said property. Therefore, the Planning Board
granted a waiver ofthese requirements.
VI.
The Planning Board found that with the attached conditions, the subdivision would comply
with the primary review criteria, and therefore voted 9-0 to forward a recommendation of conditional
approval to the Bozeman City Commission in Planning Resolution No. P-9719.
VII.
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The matter was considered at a public meeting before the City Commission on Monday, June
2, 1997. The Planning Staff reviewed the project at that time and forwarded the Planning Board's
recommendation to the City Commission.
Mr. Bin Chang, for Diamond Enterprises, Inc., indicated a willingness to respond to any
questions of the City Commission.
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
The subject property may have historically been identified as agricultural use. However, no
evidence of agriculture activity is present on said property at this time. The property is master
planned for Urban Residential Infill and is encompassed by residential development on three
sides.
2) EFFECTS ON AGRICULTURAL WATER USER FACILITIES
The applicant has not identified in the submittal any reference to existing irrigations ditches
or downstream water rights and the Planning Office is not aware of any potential downstream
water facilities that may be effect by the proposed subdivision. During Major Site Plan
Review of the 34-unit development as apartments, the applicant noted that the existing
irrigation ditch no longer was actively being used and there were no downstream water rights
on record. None the less, the applicant should provide a written narrative stating that the
proposed subdivision will not interfere with any agricultural water user facility and that no
irrigation ditches for downstream water rights currently exist on said property.
3) EFFECTS ON LOCAL SERVICES
No adverse impact on local services have been identified by the Development Review
Committee or local review agencies from the proposed thirty-four 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 services to the
property with the infrastructure that was installed.
4) EFFECTS ON NATURAL ENVIRONMENT
Based on the subject property's proximity to existing urban development on three sides and
the lack of significant physical, water courses and/or topographical features no effects on the
natural environment have been identified.
5) EFFECTS ON WILDLIFE AND WILDLIFE HABIT A T
The lack of any physical features, mature vegetation, fisheries or riparian habitat limits the
potential for any wildlife habitat or wildlife on said property. As a result, the Planning Office
has not identified any significant wildlife or wildlife habitat with this preliminary plat
application.
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6) EFFECTS ON PUBLIC HEALTH AND SAFETY
Public facilities and utilities have been extended to the site at the cost of the developer. The
ability to provide emergency services (i.e., fIre, police and ambulance) has already been
addressed during Major Site Plan review and approval. No additional impacts on public
health and safety have been identified by local review agencies.
The applicant is providing municipal infrastructure to the adjacent southwest property owner,
which was recently annexed to the City of Bozeman (Northwood Land & Livestock
Annexation - Tract B, C.O.S. No. 573). However, the annexation of the adjacent property
is yet to be completed by the City of Bozeman. Therefore, annexation must be adopted by
the City of Bozeman prior to issuance of an occupancy permits for any of the condominium
units.
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 documents.
The Final Plat shall contain the Certificates of Installation of Improvements, Planning
Director, and Governing Body.
(ii) Local Subdivision Regulations:
Section 16.14.050.B stipulates that each planned unit developmcnt shall provide an
area for dedicated park and/or open space appropriate in size to the proposed
development and design. However, such area shall not be less than thirty percent
(30%) of the area ofthe planned unit development, exclusive of all dedications. Fifty
percent (50%) of the required open space shall be of common ownership by the
homeowner's association.
Fifteen percent (15%) of the property, or 0.524 acres, is not designated on the
Preliminary Plat for common open space. However, the applicant notes that the
design of the condominium development encourages a number of open space areas
between each of the condominium duplex structures that could serve as common open
space. The applicant has calculated that 43.5% of the project is allocated to open
space, which satisfies the open space provision of the subdivision regulations.
However, the Final Plat must identify fifteen (15%) of the site as being in common
ownership of the homeowner's association and also noted accordingly in the by-laws
and declaration for the association.
The Planning Office would conclude that the areas designated between each of the
condominium duplex structures would not satisfy the intent of the subdivision
regulations for common open space as it does not provide for area of public activity
for residents of the development. Although a portion of these areas could be used to
satisfy the common open space requirement, the developer should also provide a
common area located within the core of the project that could provide an active play
and leisure area for the residents of the neighborhood.
As there appears to be more than enough parking spaces and off-street parking areas
proposed with the residential development, the Planning Office would recommend
elimination of the off-street parking area and detention pond located immediately
north of Units #25/#26 and that the area be converted to a common open space area
with landscape, seating area and play ground equipment for usc by residents. This
could also apply to a portion ofthe off-street parking area immediately south of Units
#21/#22.
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(iii) Local Subdivision Review Procedure:
The local subdivision review procedures for preliminary subdivision plat review of
University Condominiums Subdivision have been met.
76-3-608(3)( c ):
Provision of Easements For The Location and Installation of Any Planned Utilities:
The neeessary easements for installation of the required municipal infrastructure
system have been filed at the Gallatin County Clerk & Recorder's Office.
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 development, adequate access to the development is provided by a
private street which ultimately provides a loop between two public streets, Kagy
Boulevard and South 19th Avenue. As a result, both a principal access, a private
drive onto Kagy Boulevard, and a secondary/emergency access, via South 19th
Avenue from the Bobcat Pad Apartments, are proposed with this development in
order to provide good effective and safe access for residents, the general public and
emergeney servIces.
The City Engineer's Office notes that the private street for the development must be
named and submitted to the City Engineer's Office for approval prior to Final Plat
approval by the Planning Director. In addition, the entire private aceess and public
utility easement for the development, from Kagy Boulevard to the north end of the
private street and to the west end of the subject property, must be filed at Clerk and
Recorder's Office prior to Final Plat approval and occupancy of any condominium
structures.
ORDER
IT IS HEREBY ORDERED that the Preliminary Subdivision Plat to create thirty-four (34)
condominium units consisting of seventeen (17) duplex structures to be known as University
Condominiums Subdivision, has been found to meet the primary criteria of the Montana Subdivision
and Platting Act, and is therefore approved, subject to the conditions listed below. The evidence that
justifies the conditions is to ensure that the Final Plat complies with all regulations and that all review
criteria are positively addressed.
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.
1. That the Final Plat conform to the Uniform Standards for Final Subdivision Plats, including
the Certificates of Installation of Improvements, Planning Director and Governing Body, and be
accompanied by all appropriate documents;
2. That the Declaration and By-Laws for the University Condominium homeowner's association
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be amended according to the recommendations provided in the staff report, for review and approval
by the Planning Office prior to Final Plat approval;
3. That the Final Plat and homeowner's association documents delineate and describe those areas
prescnbed as the thirty percent (30%) open space, and more specifically those areas to be designated
as the fifteen percent (15%) "common open space" areas for review and approval by the Planning
Office prior to Final Plat approval;
4. That the applicant identify a name for the private street for submittal to the City Engineer's
Office for review and approval prior to Final Plat approval by the Planning Director. In addition, the
entire private access and public utility easement for the condominium development, from Kagy
Boulevard to the north end of the private street and to the west end of the subject property, shall be
filed at Gallatin County Clerk and Recorder's Office prior to Final Plat approval and occupancy of
any condominium structures;
5. That the Northwood Land & Livestock Annexation be formally adopted by the City
Commission and that the property owner's residence by connected to municipal water and sanitary
sewer services prior to oceupancy of any condominium units for University Condominiums;
6. That the applicant provide a Landscape Plan prepared by a certified landscape nurseryperson,
containing a landscape legend (with the quantity, type and installation size), depicting the streetscape,
perimeter landscape and interior landscape areas that will be an exhibit attached to the by-laws and
protective covenants for the homeowner's association, for review and approval by the Planning Office
prior to Final Plat approval;
7. A Building Permit shall be obtained prior to construction of structures and must be obtained
within one (1) year of Final Plat approval;
8. Within sixty (60) days of final completion of all site work, the applicant's licensed architect
or engineer overseeing the project shall certify to the City-County Planning Office that all
improvements have been completed in accordance with the approved Final Site Plan and Final Plat;
9. If occupancy of anyone condominium structure is to occur prior to installation of all on-site
improvements, the Improvements Agreement must be secured by a method of security equal to one
and one-halftimes the amount of the estimated cost of the scheduled improvements not yet installed.
Said method of security shall be valid for a period of not less than twelve (12) months; however, all
on-site improvements shall be completed by the applicant within nine (9) months of occupancy to
avoid default on the method of security;
10. That the applicant provide a written narrative stating that the proposed subdivision will not
interfere with any agricultural water user facility and that no irrigation ditches for downstream water
rights currently exist on said property, for review by the Planning Office prior to Final Plat approval;
and
11. Prior to occupaney of the first duplex condominium structure the applicant shall have satisfied
the above conditions, and will have applied and received Final Plat approval by the Planning Director.
The preliminary approval of this subdivision shall be effective for three (3) years from the date
of Preliminary Plat approval, June 2,2000. At the end of this period the City Commission may, at
the request ofthe subdivider, extend its approval for not more than one (1) calendar year. 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.
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DATED this 18th day of August ,1997.
BOZEMAN CITY COMMISSION
( 0~ L JI~
Don E. Stueck, Mayor
ATTEST: APPROVED AS TO FORM:
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Robin Sullivan, Clerk of the Commission
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