Loading...
HomeMy WebLinkAbout97- Village Greens Townhouses r I . . BEFORE THE BOZEMAN CITY COMMISSION IN THE MATTER OF THE APPLICATION OF GOLF FINDINGS OF FACT COURSE PARTNERS, INC., FOR PRELIMINARY AND ORDER PLAT REVIEW OF VILLAGE GREENS TOWNHOUSES, 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 publie hearing and pub lie meeting were scheduled, after notiee given, before the Bozeman City-County Planning Board on August 19, 1997, and before the Bozeman City Commission on September 2, 1997, on the above-entitled application. The purpose of the publie hearing and publie meeting was to review the preliminary subdivision plat application for a major residential subdivision to subdivide 2.77 acres into eighteen (18) townhouse residential lots, as submitted by the applieant. 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 these applieations, makes the following Findings of Fact, as required: FINDINGS OF FACT I. The application for the preliminary subdivision plat of Village Greens Townhouses was submitted to the Bozeman City-County Planning Office on July 3. 1997. The preliminary subdivision plat, as proposed, will divide 2.77 aeres into eighteen (18) townhouse residential lots and relocate a eommon boundary between Lot 62 and Lot 58. Bridger Creek Subdivision, Phase . I. No dedicated park land is required with this applieation. 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 VILLAGE GREENS TOWNHOUSES -FINDINGS OF FACT AND ORDER 1 . . . August 3, 1997, and the notice was mailed by Certified mail, return receipt requested, to all adjoining property owners. III. The preliminary subdivision plat was heard before the Bozeman City-County Planning Board on August 19, 1997. Lowell Springer, planning and architectural representative, stated that the homeowner's association for this subdivision would be responsible for the common open space areas within the townhouse development and the Bridger Creek Subdivision homeowner's association, whieh this subdivision would be part of, is responsible for the maintenanee of the public trail eorridor. Rex Easton, applicant representing Golf Course Partners, Ine., discussed the redesign of the interior private road, additional off-street parking spaces, and history of acquiring property for development of a secondary access for Bridger Creek Subdivision, Phase I. Mr. Easton concluded his eomments by stating that the Bridger Creek Homeowner's Association was committed to maintaining the open space areas and public trail eorridor. A request for publie comment was made by the Planning Board, with no members of the public testifying in favor of or in opposition to the proposed townhouse subdivision. IV. 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 aceordance with the Bozeman City Zoning Regulations and Bozeman Area Master Plan, the Planning Board reviewed and eonsidered the review eriteria established in Title 73-3-608, M.C.A., 1993. The Planning Board considered the recommended conditions prepared by the Planning Staff and diseussed maintenance of the public trail corridor and secondary access to adjoining property. 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 addressed during preliminary plat review of Bridger Creek Subdivision, Phase 1. V. The Planning Board found that with attached conditions, the subdivision would comply with VILLAGE GREENS lOWNHOUSES -FINDINGS OF FACT AND ORDER 2 . . . . - the primary review criteria, and therefore voted 7 to 0 to forward a recommendation of conditional approval to the Bozeman City Commission in Planning Resolution No. P-9734. VI. The matter was considered at a public meeting before the City Commission on Tuesday, September 2, 1997. The Planning Staff reviewed the project at that time and forwarded the Planning Board's recommendation to the City Commission. Mr. Rex Easton, applicant, indicated a willingness to respond to questions of the City Commission and requested that the name of "Bridger Creek Townhouses" be changed to "Village Greens Townhouses" to avoid any confusion with the existing Bridger Greens Condominiums which is located in Bridger Creek Subdivision, Phase I. 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: 1) EFFECTS ON AGRICULTURE: The subject property was created as a multi~family residential lot with the filing of the Final Plat for Bridger Creek Subdivision, Phase I. Issues related to agricultural impacts were addressed with the subdivision review of Phase I for Bridger Creek Subdivision. This Preliminary Plat application is presently undeveloped land and is located in an area of the subdivision designated for medium density residential, which does not contain any evidence of agricultural activity in the immediate area. As a result, no effects on agriculture have been identified with this application. 2) EFFECTS ON LOCAL SERVICES: Impacts to local services were mitigated with the filing of the Final Plat of Bridger Creek Subdivision, Phase I. Municipal infrastructure (water and sewer) has already been installed in the public right-of-way for Boylan Road. However, sanitary sewer and water mains will need to be extended to the interior of the proposed townhouse subdivision and individual service stubs extended to the property line of each townhouse lot. Prior to installation of municipal infrastructure plans and specifications for the main extensions must be provided for review and approval by the City Engineer's Office and Montana Department of Environmental Quality. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements. 3) EFFECTS ON NATURAL ENVIRONMENT No significant physical or topographical features, including streams, wetlands or floodplain boundaries exist on the property. As a result, no effects on the natural environment have been identified with this application. 4) EFFECTS ON WILDLIFE AND WILDLIFE HABITAT VILLAGE GREENS TOWNHOUSES -FINDINGS OF FACT AND ORDER 3 , . . . . Because the area in question was historically used for cultivating agricultural crops prior to developing Bridger Creek Subdivision, and no substantial amounts of mature vegetation, bushes or trees exist on the property in question, no evidence of wildlife or wildlife habitant have been identified. Therefore, no effects on wildlife and their habitat should occur as a result of the proposed subdivision. 5) EFFECTS ON PUBLIC HEALTH AND SAFETY The Bozeman Development Review Committee reviewed the application for an eighteen-lot townhouse subdivision, and as result did not identify any significant impacts to the area's public health and safety that could not be mitigated with the recommended conditions of approval. Adequate access for police, fire and emergency service is currently provided to the proposed townhouse lots via Boylan Road. 6) EFFECT ON AGRICULTURAL WATER USERS FACILITIES This issue was previously addressed with preliminary subdivision plat review of Bridger Creek Sub'division, Phase I. No physical evidence of irrigations ditches for downstream water users facilities presently exist on the subject property. The City Commission further reviewed the Preliminary Plat application against the criteria listed in 76-3-608.3.b-d, M.C.A., 1995, and found as follows: 7 6~3-608.3. b.M.C.A. (i) - Compliance with survey requirements provided in Part 4 of the Montana Subdivision and Platting Act. The proposed eighteen-lot major subdivision has complied with the survey requirements in Part 4 of the Montana Subdivision and Platting Act and will filed in the Gallatin County Clerk & Recorder's Office with final Plat review and approval. (ii) - Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act. The proposed eighteen-lot major subdivision is in compliance with the Bozeman Area Subdivision Regulations. (iii) - Compliance with the local subdivision review procedures. The application generally complies with the subdivision review procedures for a major subdivision established in the Bozeman Area Subdivision Regulations. However, the Director of Public Service has indicated that the relocation of the twenty (20) foot wide public open space/linear trail corridor between Lot #62 and Lot #58 must be granted by the Bridger Creek Homeowner's Association, which will require the appropriate language on the Final Plat granting said authorization. 76-3-608.3.c. M.C.A. (c) - Provision for easements for the location and installation of any planned utilities. Appropriate easements shall be indicated on the Final Plat and the appropriate certificate on the plat grants the use of the easements to the necessary entities. As noted previously, the Development Review Committee recommended a condition of Preliminary Plat approval that required the applicant to clearly identify the thirty (30) foot wide utility easement on the Final Plat for sewer and water main extensions VILLAGE GREENS TOWNHOUSES -FINDINGS OF FACT AND ORDER 4 - . . . from Boylan Road. 76-3-608.3.d. M.C.A. (d) - Provisions of legal and physical access to each parcel. Legal and physical access to this application for Preliminary Plat review is currently provided by Boylan Road, which was constructed to full City standard street standards prior to Final Plat approval of Bridger Creek Subdivision, Phase I. Access to each individual townhouse lot wiIl be attainable by the construction of an interior looped two-way driveway. The driveway should be identified on the Final Plat as a common area owned and maintained by the homeowner's association of this townhouse subdivision. VIII. After weighing the public interest criteria and the recommendation of the Bozeman City- County Planning Board, the City Commission found that the proposed subdivision complies with the Bozeman Area Master Plan, Bozeman Area Subdivision Regulations and Bozeman Zoning Ordinance, if certain conditions were imposed. The evidence that justifies the conditions is to ensure that the final plat complies with all regulations, that appropriate and safe vehicular circulation is provided, proper ownership and maintenance of common areas is provided, proper relocation of the public trail corridor occurs, and adequate public access and utility easements are available. ORDER IT IS HEREBY ORDERED that the preliminary plat to divide 2.77 acres into eighteen (18) townhouse residential lots, to be known as ViII age Greens Townhouses, has been found to meet the primary criteria of the Montana Subdivision and Platting Act, and is therefore approved, subject to the following conditions: Commission, by following the procedures of Section 76-3-625, M.C.A. 1. Plans and specifications and a detailed design report for water and sewer main extensions, storm sewer and the private street, prepared by a Professional Engineer, shaIl be provided to and approved by the City Engineer and the Montana Department of Environmental Quality. The Applicant shall also provide Professional Engineering services for construction inspection, 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 pre-construction conference has been conducted. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements. 2. . AIl infrastructure improvements including 1) water and sewer main extensions, and 2) private streets, curb/gutter, sidewalks and related storm drainage infrastructure improvements shall be financiaIly guaranteed or constructed prior to Final Plat approval. VILLAGE GREENS TOWNHOUSES -FINDINGS OF FACT AND ORDER 5 - * . A , City standard residential sidewalks shall be financially guaranteed or constructed on all public street frontages prior to Final Plat approval. 3. The drive approaches to the private drive shall be constructed in accordance with the City's standard approach (i.e., concrete apron, sidewalk section and drop-curb) and shown as such on the street plans. 4. 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 the edge of easement. 5. The private drive shall be a minimum of 26' wide from back of curb. A 5' sidewalk shall be installed on the south side of the private drive. "No parking" signs shall be required on both sides of the private drive. 6. The radius of the curve at approximate Station 3+00 shall be modified as required to allow for fire truck access. Turning templates shall be shown on the street plans to demonstrate that the curve wiII be accessible. 7. All water and sewer mains, service lines, easements and fire hydrants within 500 feet, both existing and proposed, shall be identified on the construction drawings and as.builts for review and approval by the City Engineer's Office. 8. That the size of all mains and services shall be accurately indicated on the construction drawings and as-builts for review and approval by the City Engineer's Office; 9. That the Final Plat shall comply with Section 16.10.030 of the Bozeman Area Subdivision Regulations, and shall include all appropriate documents, certificates, and be accompanied by all appropriate documents, including a Platting Certificate. Two mylar and two c10thback copies of the Final Plat must be submitted for Final Plat approval, along with a digital copy of the Final Plat, on a double sided, high density 3 1/2" floppy disk; 10. That the applicant obtain Montana Department of Environmental Quality approval of the subdivision prior to Final Plat approval pursuant to Section 16.16.101 through 16.16.805 A.R.M. ; 11. That all references on the Preliminary Plat and Final Plat for the proposed townhouse subdivision be referred to as "Village Greens Townhouses", "Amended Plat of Lot 62 and Lot 58, Bridger Creek Subdivision, Phase I; 12. That the applicant verify in writing whether or not the property owner of each townhouse 'lot wiII be part of the of the homeowner's association for Bridger Creek Subdivision, and if not, the applicant shall prepare by-laws and protective covenants for the creation of a homeowner's association for said subdivision for review and approval by the Planning Office prior to Final Plat approval; 13. That the applicant verify ownership of, as weB as responsibility for maintenance and upkeep of the open space area along Boylan Road, and internal private driveway, and that the necessary documents and provisions of said ownership and responsibility are prepared by the applicant for review and approval prior to Final Plat approval; 14. That the Certificate of County Treasurer be revised to identify the current County Treasurer; 15. That the applicant install one (1) boulevard tree per fifty (50) feet of street frontage along Boylan Road and complete the improvements for relocation of the linear open space trailway corridor between Lot #62 and #58; 16. That the Final Plat clearly depict property lines, comer pins, angle points, curve data, utility VILLAGE GREENS TOWNHOUSES -FINDINGS OF FACT AND ORDER 6 ~ .. . ~ . ,. . . . easements, sidewalks for review and approval by the City Engineer's Office and Planning Office prior to Final Plat approval; 17. That the developer shall enter in an Improvements Agreement 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 installation of all improvements, the developer shaIl supply the City of Bozeman with an acceptable method of security equal to one hundred fifty (150) percent of the cost of the remaining improvements; 18. That the developer shall have three (3) years from the date of Preliminary Plat approval to complete the conditions of preliminary plat approval and apply for Final Plat approval for Phase I and Phase II; and 19. That the applicant submit with the application for Final Plat review and approval of Carson Place Townhouses a written narrative stating how each of the conditions of Preliminary Plat approval has been satisfactorily addressed. The preliminary approval of this subdivision shall be effective for three (3) years from the date of Preliminary Plat approval, September 2, 1997. 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 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. 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 DATED this 15th day of December ,1997. BOZEMAN CITY COMMISSION (~t!/3~ Don E. Stueck, Mayor ATTEST: APPROVED AS TO FORM: 1 ,1 / (Jcol~ / / 'I ./, I' \. (1' '.'! I · f;tt(jA$lj~ Robin Sullivan, Clerk of the Commission Paul Luwe, City mh / / VILLAGE GREENS TOWNHOUSES -FINDINGS OF FACT AND ORDER 7