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HomeMy WebLinkAbout94- Matthew Bird Creek Subdivision , , < , . . . . BEFORE THE BOZEMAN CITY COMMISSION CITY OF BOZEMAN, MONTANA IN THE MATTER OF THE APPLICATION OF GARY VOIGT FINDINGS OF FACT FOR PRELIMINARY SUBDIVISION PLAT OF MATTHEW , ~-AN l),_~t(,-.l:' ~ Ii, .--'. BIRD CREEK SUBDIVISION, 26.918 ACRES IN GRAF S FOURTH ADDITION, CITY OF BOZEMAN 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 was held, after notice given, before the Bozeman City-County Planning Board on May 3, 1994, on the above-entitled application. The purpose of the public hearing was to review the proposed Preliminary Subdivision Plat of Matthew Bird Creek 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, and in addition, to listen to public testimony concerning the application and to consider written comments. 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: 1 i , , FINDINGS OF FACT.. I. The application for preliminary plat review and approval for the subdivision of 26.918 acres located in the SW! of Section 19, T2S, R6E, MPM, City of Bozeman, Gallatin County, Montana, was made on March 1 , 1994. The subdivision will create 68 single-family residential lots, 4.041 acres of public park, and dedicated 60-foot wide street rights-of-way. The lots will be served by City of Bozeman water and sewer services, and will be accessed from Graf Street, with an emergency access provided to Sourdough Road. II. Notice of an April 5 , 1994 public hearing before the City- County Planning Board was published in the Bozeman Daily Chronicle on March 20, 1994, and the Notice was mailed by Certified mail, return receipt requested, to all adjoining property owners. III. The public hearing scheduled for April 5, 1994, was continued by the Planning Board until May 3, 1994 to provide time for the Army Corps of Engineers to conduct a site visit to investigate the location of possible wet lands on the property. A 30-day extension for the review of the application was granted by the applicant, Gary L. Voigt, on April 1, 1994, thus extending the 60-day review period to May 30, 1994. 2 ------- ------------------ , . , : . IV. The matter was heard before the Bozeman City-County Planning Board on May 3, 1994. One member of the public spoke at the hearing, and three letters were submitted to the Board for their consideration. The Planning Board heard testimony from the applicant's representatives with regard to various conditions recommended in the Staff Report. 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 Master Plan, the Planning Board reviewed and considered the primary criteria established ln the Montana Subdivision and Platting Act, and based on that review, caused their review, the minutes, and the record to be forwarded to the Bozeman City Commission for their consideration and final decision, with a recommendation of conditional approval, per Planning Board Resolution No. P-9413. VI. The matter was to be considered by the City Commission at a public meeting on April 18, 1994, but the matter was continued until a recommendation of the Planning Board was received. VII. The matter was considered by the City Commission at a public meeting on May 16, 1993. Members of the Commission expressed concern with the proposed alignment of the trail in relation to 3 , \ . existing trees and shrubbery and the addition of traffic to South Willson Avenue. The appl icarlt;' s representatives informed the Commission that they had two concerns with the conditions recommended by the Planning Board. The first was the requirement for a paved secondary access, noting that Peccia and Associates, the engineering firm that prepared the traffic study, did not find that a secondary access was needed for the subdivision, and that an emergency access was adequate. The applicant stated that three different exits from the proposed subdivision could he used in the event of an emergency. The second item of concern is the requirement for the developer to pay for 50 percent of the sidewalk on Graf Street from Colter Avenue to South Third Avenue. The Commission delayed their decision on the project until May 23, 1994. VIII. Members of the Commission supplied recommended condi t i.on changes and comments to the Planning Staff. A memorandum addressing the issues raised by the Commission at the May 16, 1994 meeting, as well as by individual Commission member's comments, was prepared by the Planning Staff and presented to the Commission at their May 23, 1994 regular meeting. The Commission reviewed the memorandum and the proposed revised conditions item by item, with members of the Commission split on several issues. 4 ----------~~- , " IX. The Bozeman City Commission, at their May 16 and May 23, 1994 public meetings, considered the minutes, record and recommendation of the Planning Board, the applicant's representatives comments, and reviewed the five criteria established ln the Montana Subdivision and Platting Act, and found as follows: EFFEQTS ON AGRI~ULTURE: The sub.ject property is currently farmed with crops rotating between alfalfa and grain. The subdivision of the land will remove 26+ acres from farming operations. .EFFECTS ON LOCAL SERVICES: Police and Fire Department response times to the subject; area are approximately 8 to 10 minutes. Water, sewer and postal services can be provided to the property. The development of the subdivision will affect the Bozeman School District, as the district is experiencing crowding at this time. An impact fee program, addressing the expense of providing the necessary additional services brought on by new development is being studied, but is not yet established. EFFEC;TSON NATURAL ENVIRONMENT~ A portion of the subdivision is located in the AE and Zone X floodplain areas, with no subdivision allowed in the AE Zone. Restricting building in the 500 year Zone X floodplain, which could be susceptible to flood, was discussed, with a Commissioner noting that more growth in this area may force more floodwater downstream. The proposed linear trail and yard setbacks along Matthew Bird Creek would offer protection for waterfowl, birds, and the small animals currently living in the area, but the additional open space from the Zone X floodplain would offer additional protection. The trail improvements to be completed by the developer in the linear park proposed along Matthew Bird Creek will connect to the existing Sourdough Trail, and will provide better protection of the creek area. EFFECTS ON WILDLIFE AND WILDLIFE HABITAT: This area provides habitat for birds and small animals and should be protected. 5 - ------------ , ,~~.EECTS ON PUBLIQ_HEALTH AND SAFETY: The development of this property will affect the volume of traffic added to the existing street system, more specifically to South Third Avenue and Willson Avenue. Improvements to the intersection of Willson/Kagy/Third and to South Third are in the design stages, but dates when the improvements will occur have not been set. The 1993 Transportation Plan Update considered development in this area, but recent growth on arterial and collector routes in the area ind.icates that the actual pace of development and density of development is greater than what was anticipated in the Transportation Plan. As a result, traffic volumes have grown faster and reached higher levels than were initially expected, and proposed street improvements will become necessary earlier than were originally expected. The location of the property would create a development at the end of a street system not prepared for growth, and will add a strain on the existing system that was not constructed for the additional amount of traffic this subdivision will create. Furthermore, until South Third Avenue lS improved, bicycles, pedestrians, and vehicles are currently sharing a narrow street without shoulders or sidewalks, an unsafe condition identified in the city's 20-year transportation plan and the applicant's traffic study. Until a secondary arterial or collector street is constructed in the area, such as the extension of South 11th Avenue, additiona.1 developments that depend solely on South Third Avenue would have a negative effect on the public health and safety. Enbar soil comprises much of Matthew Bird Creek Subdivision with a seasonally high water table of 2.5-5 feet with hydric soils included. Flooding potential, and severe limitations due to flooding of buildings with and without basements, also exists. A letter submitted by retired Soil Scientist Garth Voigt as part of the Matthew Bird public record referred to the increased danger of flooding in downstream developments and the downtown area due to reduced groundwater infiltration because of paved and developed surface. X. A motion was made to approve the subdivision subject to the following conditions: 6 . " 1. The Final Plat shall conform to the Uniform Standards for Final Subdivision Plats, comply with Section 16.10.030 of the Bozeman Area Subdivision Regulations, contain all appropriate certificates with the corrections indicated in the Staff Report, and be accompanied by all appropriate documents, including a Platting Certificate. 2. Approval from the Subdivision Program of the Montana Department of Health and Environmental Sciences Water Quality Bureau must occur prior to Final Plat approval, pursuant to Seetion 16.16.101 through 16.16.805, A.R.M. . The appropriate review fee for that review must be submitted to the Planning Office so it may be forwarded to the Water Quality Bureau with all other applicable information. 3. A storm water drainage and final grading plan must be submitted for plan and specification review. A gutter capacity evaluation must be provided. The storm detention pond must be redesigned to provide fuLl capacity for storm water detention, and a six foot depth is not acceptable. The northern slope of the runoff pond cannot be located in the linear park or allow discharge into the trail. However, the applicant will have the opportunity in this plan to prove that the storm water detention area will be conducive to park use and will not be detrimental to the health, safety, and welfare of the public, and if this can be shown, and is acceptable to the Planning Staff, Public Service Director, and Park Superintendent, the storm water drainage lot may be dedicated to the public as park land. If accepted as park land, it shall be in addition to the required one-ninth park land dedication. If the proposal is not acceptable to City Staff, the storm water drainage lot may not be dedicated to the City of Bozeman, and ownership of the storm water detention area will be by the Homeowner's Association. In any event, a storm water maintenance plan for the pond and any associated appurtenances must be submitted and approved prior to final plat approval, which indicates that maintenance of the pond and all associated appurtenances is the responsibility of the Homeowner's Association. A note shall be added to the plat that indicates that the storm detention "pond lot" is unbuildable, unless it is designated and accepted as public park land. 4. The Montana Department of Health and Environmental Sciences, Water Quality Bureau shall be contacted by the applicant to determine if a Storm Water Discharge Permit is necessary. If required, an erosion/sediment control plan shall be prepared for disturbed areas of five acres or less if the point of discharge is less than 100 feet from state waters. 7 . 5. The approval of the final plat of this subdivision shall be contingent upon the filing of the minor subdivision of Graf's Fourth Subdivision. 6. INFRASTRUCTURE: a) Plans and Specifications and a detailed design report for water and sewer main extension, public streets, and storm drainage improvements must be prepared by a Professional Engineer (PE) and shall be provided to and approved by the City Engineer and the Montana Department of Health and Environmental Sciences, (water and sewer onl y ) . The applicant shall also provide PE 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 preconstruct ion conference has been conducted. b) All infrastructure improvements including 1 ) water and sewer main extensions, and 2 ) Public streets including curb/gutter, ADA handicap access ramps, and sidewalks fronting parks, open space, or other non-building lot frontages, and related stormwater improvements shall be financially guaranteed or constructed prior to Final Plat approval. No building permits will be issued prior to acceptance of subdivision infrastructure improvements. c) Water and sewer services must be installed with the initial construction to meet all planned uses of the lots. Further subdivision of the lots will be prohibited. d) City standard residential sidewalks shall be constructed on all public street frontages on each lot prior t"o occupancy of any home constructed on the lot. Upon the third anniversary of the plat recordation of any phase of the subdivision, any lot owner who has not constructed said sidewalk shall, without further notice, construct said sidewalk for their lot(s), regardless of whether other improvements have been made on the lot. This condition shall be included on the plat and in the covenants for the subdivision. e) The developer shall install the sidewalk on the frontage of the pond lot and across all park land which fronts on a public street at the time the street infrastructure is installed. f) If curvalinear sidewalks are to be installed in Graf Street, they shall be installed by the developer at" the time the Graf Street infrastructure is installed, to insure uniform construction. The meandering sidewalk must leave a minimum 3- foot width of boulevard. 8 g) The water main shown on the Preliminary Plat as extending from the 24" main near Billion Place shall extend to connect to the water main at the corner of Biering and Graf Streets rather than between Lots 3 and 4 , Block 4 , as shown. This water main loop shall be completed with Phase 1 improvements. h) The easements for the water main extension 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 the easement. The applicant shall record the water main easement prior to approval 0 f the infrastructure plans and specifications. 7. STREETS AND CONSTRUCTION: a) The proposed emergency access shall be constructed to a gravel standard from the east boundary of this subdivision to the current terminus of the road/driveway, as approved by the City of Bozeman, with a City Standard barricade installed on Biering Street prior tv final plat approval of Phase 1. The design and location of the barricade shall be approved by the City prior to installation. The emergency access may be vacated after a secondary access is constructed, but only with the approval of the City of Bozeman. b) The centerline radius for Graf Street must be a minimum of 300 feet, . c) The applicant shall utilize an alternative listed in the soils and pavement design report (prepared by Braun, Inc. ) for road construction which includes the use of a geo-textile fabric. Final pavement section design will be evaluated dud ng plan and specification review. d) The recommendations listed in the "Soil Survey and Pavement Design Report" (prepared by Braun, Inc. ) shall be included in the plan and specification submittal. e ) The plan and specification submittal must include measures to mitigate the potential for groundwater to be carried down gradient via utility trenches. f) All dead end roads must end in a temporary turnaround. If the turnarounds are not located on the subject property, easements for the temporary turnarounds shall be recorded prior to approval of the infrastructure plans and specifications. 8. The flood plain boundaries shall be depicted on the final plat and on all plans. Appropriate 404 Permits, or any other required permits, shall be obtained from the Army Corps of Engineers prior to construction. 9 ---------------- ---------.--- . . 9. The final plat shall show 20 foot rear and 10 foot side lot utility easements on all lots, as well as 12-foot front yard utility easements, unless written notification is provided from U.S. West and TCI Cablevision that the front yard easement is adequate. 10. The applicant shall provide and file with the County Clerk and Recorder's Office executed Waivers of Hight to Protest Creation of SIDs. The Waiver shall specify that in the event SIDs are not utilized for the completion of these projects, the applicant shall agree to participate in an alternate financing method for completion of said improvements on a fair share, proportionate basis as determined by square footage of the property, linear front. footage of the property, taxable valuation of the property, or combination thereof. Said Waiver shall include the following improvements: a) South Third Street improvements (between Kagy and Goldenstein) including paving, curb/gutter, sidewalk, and storm drainage (unless previously filed with the properLy) . b) Kagy Boulevard improvements (east of Willson Avenue) , including paving, curb/gutter, sidewalk, and storm drainage (unless previously filed with the property) . c) South Third Street/Kagy Boulevard/Willson Avenue intersection improvements and signalization. d) Improvements to the sanitary sewer lines to the north of the subject property. e) Park development and maintenance district for area parks. 11.. A linear trail shall be constructed in the dedicated park land from the southwest corner of the property north and east to Graf Street, then along the park land required in condition 13 and continuing east and north to the north boundary of the east park property. The trail shall meander through the existing mature trees on the west edge of the park. The entire park area shall be planted in native meadow vegetation, with the seed species approved by the Park Superintendent. The design, location, width, and type of permeable-finish material of the trail shall be submitted to and approved by the City Park Superintendent prior to final plat approval. Construction of the trail shall be completed by the developer within three years of final plat approval of Phase 1 of the subdivision. If the trail is not completed prior to final plat approval of Phase 1 of the subdivision, a cost estimate of the improvements shall be provided by the developer, an improvements agreement entered into, and the costs guaranteed, 10 . I . as provided for in Section 16.26 of the Bozeman Area Subdivision Regulations. 12. The following note shall be added to the plat: Due to the relatively high groundwater table within the subdivision, it is not recommended that residences with full or daylight basements be constructed. 13. That the Covenants be amended as outlined in the Staff Report and should be written to apply to both phases. A copy of the Covenants must be submitted to and approved by the Planning Staff prior to final approval, and must be filed with the Final Plat of Phase 1. 14. A note shall be added to the final plats of the subdivision and to the subdivision covenants that the existing trees and bushes located along the western edge of the subdivision cannot be removed from the property (unless diseased or dead). 15. Graf Street, from its intersection with Spring Meadows Drive, be renamed, with the new name approved by the City Engineering Department. "South Graf Street" would be acceptable. 16. The final plat of each phase shall contain a note which prohibits direct access onto Graf Street from any lot which has access to another street. 17. A minimum 30-foot wide linear park shall be dedicated across the northern boundary of Lot 1. The remainder of the 5-foot wide right-of-way strip shall be included in Lot 1. 18. That the County Weed Control Officer approve a Weed Control Plan for the subdivision, and a signed copy of the Plan be submitted to the Planning Office prior to Final Plat approval. 19. That Lot 12, Block 1 provide a minimum 70-foot width at the 25-foot setback line. 20. If it is the developer's intent to file the plat prior to the completion of all requirements improvements, an Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance wi th the Prel iminary Plat submittal information and cond i.t ions of approval. If the Final Plat is filed prior to the installation of all improvements, the develop shall supply the City of Bozeman with an acceptable method of security equal to 150% of the cost of the r.emaining improvements. 11 " . ". " . A vo Le on the motion failed with a vote of two members voting for the motion and three members voting against the motion, with those voting against the motion citing the effects the subdivision would have in relation to the five primary reVl.ew criteria. XI. A motion was made to deny the subdivision based on the findings that the subdivision will disturb an environmentally sensitive area, cause traffic impacts on existing streets not constructed to adequately handle the increased traffic, impact the Bozeman school system, impact agricultural, impact local serVl.ces with regard to response time; and due to the lack of a secondary access to the area. The motion passed with a vote of three members voting for the motion and two members voting against the motion. XII. At their regular meeting on May 31, 1994, the Bozeman City Commission discussed the possibility of reconsidering the motion made on May 23, 1994 to deny the subdivision, and a majority of the Commission agreed to reconsider the motion on June 13, 1994, and that Commission members would submit any additional questions or concerns to the Staff by Thursday, June 2, 1994. XIII. At their regular meeting on June 13, 1994, the Bozeman City Commission reconsidered the preliminary plat application for Matthew Bird Creek Subdivision, as submitted by Gary Vo ig1~. 12 - -- -- -- -- --- --- ---- ~~~- '\ . . , . I . Commissioner Youngman stated that after the Commission's initial decision, she raised some questions, and she felt it was important to make sure that the grounds upon which the Commission based their May 23, 1994 decision to deny the subdivision were sufficient. After review of those grounds, the Commissioner concluded that the cumulative grounds upon which her deci.sion was based, including multiple environmental impacts, traffic and transportation concerns, and school impacts, were unresolvable through conditional approval and that those concerns are sufficient to support her original decision to deny the subdivision. Commissioner Stueck indicated he continued to think the subdivision should be approved with conditions, adding that it lS important for the Commission to develop policy and let people know that there is a chance the properties they are purchasing, which may be zoned for urban infill, may not be approved for development. Commissioner Frost stated he does not believe this project, at this time, meets the public health, safety and welfare criteria because of the impact on the transportation system. Commissioner Stiff indicated he also felt the subdivision should be approved with conditions, noting that the subject property has been held by one family for many years, and the City made a commitment many years ago during its annexation and zoning of the property, that the property was suitable for development. Mayor Vincent indicated his reason for denying the subdivision was based on provisions in the Montana Subdivision and Platting 13 . ' " . . . , . . . Act, and that he cited his reasons for denial on two different occasions. His position to deny the subdivision has not changed. XIV. A motion was made to deny (reaffirm denial of) the preliminary plat application for Matthew Bird Creek Subdivision for reasons cited at the various meetings on the project. The motion was approved with three members voting for the motion and two members voting against the motion. 9RDER IT IS HEREBY ORDERED that the Preliminary Subdivision Plat of Matthew Bird Creek Subdivision does not meet the requirements of the Subdivision Regulations and the Montanan Subdivision and PI at t i.ng Act, and would detrimentally affect the primary review criteria established by State statute. DATED this 25th day of July, 1994. BOZEMAN CITY COMMISSION ~1,J1~ .~~~-~~- Don E. Stueck, Mayor Pro Tempory ATTEST: APPROVED AS TO FORM: ~. ~~ ._~-~ Sullivan Clerk of the Commission 14