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HomeMy WebLinkAbout97- Ken Leclair at Crescent Valley , . , BEFORE THE BOZEMAN CITY COMMISSION CITY OF BOZEMAN, MONT ANA IN THE MA TIER OF THE APPLICATION OF KEN FINDINGS OF FACT LECLAIR FOR PRELIMINARY SUBDIVISION PLAT AND ORDER APPROVAL OF THE CRESCENT V ALLEY MINOR SUBDIVISION PURSUANT to the Montana Subdivision and Platting Act, Section 76-3-101 through 76- 3-614, Montana Codes Annotated, and Chapter 16 of the Bozeman Area Subdivision Regulations, the Bozeman City Commission reviewed the proposed Preliminary Subdivision Plat for the Crescent Valley Minor Subdivision to divide 21.369 acres into three lots for residential and office condominium uses, 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, and in addition, to consider the recommendation of the Bozeman City-County Planning Board concerning the application. 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: CRESCENT VALLEY MINOR SUBDIVISION FINDINGS OF FACT AND ORDER PAGE 1 , FINDINGS OF FACT 1. The application for the Crescent Valley Minor Subdivision was made on September 30, 1997. II. After fmding the applieation was properly submitted and reviewed under the procedures of the Bozeman Area Subdivision Regulations, the applieation was considered by the Bozeman City- County Planning Board at their regular meeting on November 4, 1997. The subdivider's representative requested that eonsideration be given for the elimination of the need for a Waiver of Right to Protest SIDs for Ferguson Avenue, as the subdivider will be making improvements to the section of Ferguson Avenue adjoining the subdivision, and further because the subdivider is currently paying SIDs for streets within the original Valley Unit Annexation. No members of the public spoke at the hearing, and no written testimony was received regarding the application. The Planning Board reviewed and considered the review criteria established in Title 76-3- 608, M.C.A. for the review of preliminary subdivision plats, and considered the testimony from the subdivider's representative regarding the elimination of the need for a Waiver of Right to Protest SIDs for Ferguson Avenue from Staff recommending condition no. 7. After fmding that the application complied with the required criteria, and that a Waiver of Right to Protest SIDs for Ferguson A venue should not be required, the Board, on a vote of 9-0, forwarded the application to the Bozeman City Commission with a recommendation of conditional approval. CRESCENT VALLEY MINOR SUBDIVISION FINDINGS OF FACT AND ORDER PAGE 2 . . III. The application was considered by the Bozeman City Commission at their regular meeting on November 17, 1997. As this is the first minor sulxlivision from a tract of record, is located in an area where a master plan has been adopted, and the proposed subdivision complies with the adopted master plan, the subdivision is exempt from the primary review criteria listed in Section 76-3-608(3a), MCA, 1995. The Commission weighed the proposed subdivision against the applicable review criteria established by Statute, and found as follows: A COMPLIANCE WITH SURVEY REOUIREMENTS PROVIDED FOR IN PART 4 OF THE MONTANA SUBDIVISION AND PLAITING ACT. The survey requirements provided for will be complied with when the final plat is filed. B. COMPLIANCE WITH BOZEMAN AREA SUBDIVISION REGULATIONS. With conditions, the subdivision will comply with the Bozeman Area Sulxlivision Regulations. C. COMPLIANCE WITH THE REOUIRED SUBDIVISION REVIEW PROCEDURES. The application complies with the sulxlivision review procedures. D. PROVISION OF EASEMENTS FOR THE LOCATION AND INSTALLATION OF ANY PLANNED UTILITIES. All new utilities must be installed underground. Utility easements, a minimum of 20-feet wide, will be centered along side and rear lot lines wherever possible and will be shown on the fmal plat, as will the utility note, as required in Section 16.14.050.BA.b, Bozeman Area Sulxlivision Regulations. Easements from the property owner to the city will be provided for water and sewer mains not located within dedicated rights-of-way. E. PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEL. Legal and physical access will be provided to each parcel from public rights-of-way. All drive approaches will be constructed in accordanee with City's standard approach. Access will be limited from Blocks 2 and 3 to Ferguson A venue, as adequate access is provided from other adjacent streets. CRESCENT VALLEY MINOR SUBDIVISION FINDINGS OF FACT AND ORDER PAGE 3 . - - " - '. - . . ,..,.' ,;.- . . . , ORDER After considering all matters of record presented at the public hearing and meeting, the Commission found that the proposed preliminary plat for the Crescent Valley Minor Subdivision would comply with the requirements of the Bozeman Area Subdivision Regulations and the Montana Subdivision and Platting Act if certain conditions are imposed on the project. The evidence that justifies the conditions is to ensure that the fmal plat complies with all regulations, that appropriate and safe vehicular circulation and parking is provided, and adequate public access and utility easements are provided. THEREFORE, IT IS HEREBY ORDERED, on a vote of 5-0, that the subjeet subdivision be approved, subject to the conditions listed below. 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. The tinal subdivision plat shall conform to all requirements of the Bozeman Area Subdivision Regulations (August 1997 version) and the Uniform Standards for Pinal Subdivision Plats, and be accompanied by all appropriate documents, including covenants, certification by the State Department of Environmental Quality approving the plans and specifications for water or sanitary facilities, certification from the City Engineer certifying that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. Two clothback (or equivalent) and mylar (or equivalent) copies of the fmal plat must be submitted for fmal plat approval, along with a digital copy of the fmal plat, on a double sided, high-density 3-1/2" floppy disk. 2. The following Certificates shall be corrected on the tinal plat: a) the Certificate of Dedication shall be corrected to include the last paragraph of the certificate, as shown on page 107 of the Bozeman Area Subdivision Regulations; b) the Certificate of Surveyor shall eliminate the reference to an "amended" subdivision; c) the Certificate of Planning Direetor is no longer required and can be eliminated; and d) the Certificate of Completion of Improvements must include a signature and date line for the Director of Public Service. CRESCENT VALLEY MINOR SUBDIVISION . FINDINGS OF FACT AND ORDER PAGE 4 -.. . . . : 3. If shown on the [mal plat, the Zoning designation reference shall reflect the recently amended zoning. 4. Notes shall be added to the [mal plat that referenees the presence of high groundwater in the area, and that structures with basements are not recommended, and prohibiting access from Lot 1, Block 2 and Lot 1, Bloek 3 to Ferguson Avenue. 5. City standard sidewalks (including a concrete sidewalk section through all private drive approaches) shall be construeted on the new public street frontages (Granite and Ravalli) of the subdivision in the standard location (i.e., 1 foot off property line) at the time street improvements are installed. Sidewalks shall be installed on the existing public street frontages as the phased development progresses. 6. Stop signs shall be installed on Ravalli and Granite Streets at their interseetion with Ferguson Avenue, at the time the streets are paved. 7. The property owner shall provide and fIle with the [mal subdivision plat a Waiver of Right to Protest Creation of Sills for improvements to West Babcock Street. The Waiver shall specify that in the event SIDs are not utilized for the eompletion of these projects, the property owner(s) shall agree to participate in an alternate finaneing method for eompletion of said improvements on a fair share, proportionate basis as determined by the square footage of the property, linear front footage of the property, taxable valuation of the property, or combination thereof. Said Waiver shall be a covenant running with the land and shall not expire. 8. The subdivider shall participate in funding a traffic light at Ferguson Avenue and U.S. 191 by paying the City $10,240.70, which is ten percent (10%) of the estimated cost of the light, at the time the light is installed, or at the time fIfty percent (50%) of Blocks 1 and 2 are developed under Major Site Plan Z-97158, whichever first occurs. A Promissory Note shall be fIled with the [mal subdivision plat from the subdivider to the City to reflect this condition. If the traffic light is instead installed by local, state, or federal funding, the money shall be reimbursed to the developer. 9. Prior to application for [mal plat approval, the subdivider shall enter into a Memorandum of Understanding with the Gallatin County Weed Control District, and a copy of the signed document shall be submitted to the planning office with the [mal plat application. A Covenants shall be placed on the [mal plat requiring the property owner(s) and/or Property Owner's Association to be responsible for the control of County declared noxious weeds. 10. A Stormwater Master Plan for the subdivision for a system designed to remove solids, silt, oils, grease, and other pollutants from the runoff from the private and public streets and all lots must be provided to and approved by the City Engineer. CRESCENT VALLEY MINOR SUBDIVISION FINDINGS OF FACT AND ORDER PAGE 5 . . . , The master plan shall be provided with the subdivision infrastructure improvement plans and must depict the maximum sized retention basin location, and locate and provide easements for adequate drainage ways within the subdivision to transport runoff to the stonnwater receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin site, drainage ways, and fInished lot grades), typical stormwater detention/retention basin and discharge structure details, basin sizing calculations, and a storm water maintenance plan. While the runoff from the individual lots will be dependent on the intensity of use on each lot, the maximum sizing of the storm retention faeilities for each lot will be established based on maximum site development. Final facility sizing may be reviewed and reduced during design review of the final site plan for each lot. 11. A Site Grading Plan shall be provided with the subdivision infrastrueture improvement plans. The plan shall include at a minimum, existing contours, [mal plat contours and where necessary spot elevations after street and drainage improvements have been constructed, and drainage flow arrows reflecting [mal developed lot grading. The plan must demonstrate that the final plat grading and [mal property grading will provide adequate drainage to an acceptable discharge point without adverse impaets to adjacent down gradient properties. Off-site drainage facilities and drainage easements or other rights of occupaney shall be provided where necessary for conveyance of drainage off site. 12. Plans and Specifications and a detailed design report for water and sewer main extensions, storm sewers and the public streets, prepared and signed by a Professional Engineer (PE) registered in the State of Montana, shall be provided to and approved by the City Engineer and the Montana Department of Environmental Quality . The Plans and Specifications shall accurately show the location and size of all water and sewer lines, existing and proposed. The applicant shall also provide PE services for Construction Inspections, Post-Construction Certification, and preparation of mylar Record Drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a preconstruction conference has been conducted. 13. The subdivision may be ftled in phases, with each block constituting a phase, or fmal infrastructure improvements can be fmancially guaranteed as allowed in Section 16.22.40, Bozeman Area Subdivision Regulations. If phased, the project phasing must be clearly delineated on the infrastructure plans and specifications, and the phasing must be approved by the City Engineer. Water and sewer main extensions necessary to serve the subdivision must be constructed and accepted by the City prior to [mal plat approval of Phase 1. Public street improvements shall be constructed and accepted by the City, or fmancially guaranteed, prior to final plat approval of Phase 1. No building pennits for Phase I will be issued prior to acceptance of all water and sewer main extensions for the entire subdivision, and until the gravel courses required for Granite A venue and Ravalli Street are installed. All public street improvements, including curb and gutter, sidewalk and storm drainage facilities for Granite and Ravalli Streets and Ferguson Avenue shall be eompleted and accepted by the City prior to the CRESCENT VALLEY MINOR SUBDIVISION FINDINGS OF FACT AND ORDER PAGE 6 . . . . issuance of building pennits for Phase II. However, sidewalks may be phased on Ferguson Avenue, per condition 5. 14. Ferguson Avenue shall be constructed to a full City standard along its east side between Fallon Street and West Babcock Street, including curb and gutter, and storm drainage facilities. Curb and gutter shall be loeated so as to coincide with the alignment of the curb and gutter already in place between Fallon Street and U.S. 191. Sidewalk shall be installed along the east side of Ferguson A venue, per condition 5. 15. The Montana Department of Fish, Wildlife and Parks, NRCS, Montana Department of Environmental Quality, and Army Corps of Engineers shall be contacted regarding the proposed project and any required permits shall be obtained prior to approval of the plans and specifications for public infrastructure. 16. Dedicated easements fo'r the water and sewer main extensions that are not located within dedicated right-of-way, a minimum of 30 feet in width, shall be provided on the fmal plat. Utilities shall be in the City standard location within each easement. In no case shall a utility be less than 10 feet from the edge of the easement. The preliminary approval of this subdivision shall be effective for three (3) years from the date of adoption of this document by the City Commission. At the end of this period the City Commission may, at the written request of the subdivider, extend its approval as provided for in the Bozeman Area Subdivision Regulations. DATED this l.51b day of December ,1997. BOZEMAN CITY COMMISSION By: ( 9~ f ./5Jt;;;. ~A'. Don E. Stueck, Mayor A TIEST: APPROVED AS TO FORM: ,. . ., ~J~ 0'/' " iL,7 / 'Itt;[I/" /f '~lttJf Robin L. Sullivan P;ul 1. Luwe/v1 i Clerk of the Commission City AttQmey CRESCENT VALLEY MINOR SUBDIVISION FINDINGS OF FACT AND ORDER PAGE 7