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HomeMy WebLinkAbout94- Babcock Meadows Subdivision, Phase I and II . , ". ~ ' , .. BEFORE THE BOZEMAN CITY COMMISSION CITY OF BOZEMAN, MONTANA IN THE MATTER OF THE APPLICATION OF ANSON H. FINDING.~__OF FACT CRUTCHER FOR BABCOCK PLACE PARTNERS, FOR AND ORP~R PRELIMINARY SUBDIVISION PLAT APPROVAl" OF BABCOCK MEADOWS SUBDIVISION, PHASES I & II LOCATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 11, TOWNSHIP 2 SOUTH, RANGE 5 EAST, 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, public hearings were held, after notice given, before the Bozeman Cit~y-County Planning Board on April, 5, 1994, and before the Bozeman City Commission on May 16, 1994, on the above-entitled application. The purpose of the public hearings was to review the proposed Preliminary Subdivision Plat of Babcock Meadows Subdivision, Phases I & II 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. 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 FACJ;', I. The application for preliminary plat review and approval for the subdivision of 27.2 acres described as being a portion of the southwest one-quarter of Section 11, Township 2 South, Range 5 East, P.M.M. , Gallatin County, Montana, was made on March 2, 1994. The subdivision will create eighty-three ( 83) single-family residential lots, a dedicated linear park and stream corridor. The subdivision will include paved internal roads built to City of Bozeman standards with curb, gutter and sidewalk located within sixty ( 60 ) foot wide public street rights-of-way(s). The 1 . r ~ 1 ". residential subdivision lots will be accessed from West Babcock Street by an internal subdivision road system of public streets; Virginia Way, Donna Avenue, Lillian Way, Marilyn Court, Kathryn Court and Connie Court, and will be built to City standard curb, gut,ter and sidewalk, and located within dedicated sixty (60 ) foot wide public rights-of-way(s). A temporary fifty ( 50) foot radius cul-de-sac and cul-de-sac easement will be provided at the east end of Donna Avenue to provide for the future extension and connection of the public street with the adjacent property's road system to the east. A twelve ( 12) foot wide emergency access will be built to an acceptable City of Bozeman Fire Department standard to accommodate the weight of emergency vehicles, and located within a thirty ( 30) foot wide emergency access easement extended to the south property boundary adjacent to the Main Mall. The lots will be served by City of Bozeman water and sanitary sewer. II. Notice of public hearings before the Bozeman City-County Planning Board on April 5, 1994, and the Bozeman City Commission on April 18, 1994, was published in the Bozeman Daily Chronicle on March 20, 1994. Notice of a second public hearing before the Bozeman City Commission on May 16, 1994, was published in the Bozeman Daily Chronicle on April 29, 1994, and May 1, 1994. Both Notice(s) were mailed by Certified mail, return receipt requested, to all adjoining property owners. III. The matter was heard before the Bozeman City-County Planning Board on April 5, 1994. Issues of the subdivision design, sewer and water infrastructure, special improvements districts, road improvements t,o West Babcock Street, emergency access, park maintenance district, tTaffic impacts, farmers canal, park land dedication, trail system, fencing, utility easements, enforcing covenants, detention ponds, pedestrian traffic, and land acquisition along West Babcock street were discussed. All interested parties were given an opportunity to express their opinions regarding the proposed subdivision. 2 , "1 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 ln accordance with the Bozeman City Zoning Regulations and Master Plan, the Planning Board reviewed and considered the five ( 5 ) primary interest criteria established in Title 76-3-608, M.C.A. , 1993. The Planning Board found that the subdivision would be in the public interest, and therefore referred the application to the Bozeman City Commission for their final decision, with a recommendation of conditional approval. V. The matter was considered by the City Commission at a public hearing on April 18, 1994. A brief overview of the proposal and the Planning Board's Resolution No. P-9405 was presented by the Planning Staff. Testimony was heard from the applicant regarding the propo sal . The Commission discussed the subdivision, and issues related to subdivision design, fencing, improvements to West Babcock Street, lot size, minimum lot width, stream setback, single-family land use restriction, looped water main, bicycle/pedestrian path, secondary access, potential townhouse development, maintenance and liability of Farmer's Canal Company st.ream/di tches and tributary ditch, linear park, park maintenance district, special improvement districts for West Babcock Street, and affordable housing. Due to the importance of the issues raised by the applicant and the Commissioners, the applicant granted an extension to the sixty (60) day statutory time period to May 16, 1994, so that the Commission could have the staff investigate possible alternative solutions and conditions on this matter prior to making a decision. VI. This matter was again considered by the City Commission at a public hearing on May 16, 1994. The Commission was presented a memorandum from the Planning Staff regarding the results of staff's investigation of alternative solutions and conditions as directed 3 . , : : by the Commission at the April 1.8, 1994 meeting. The Commission gave further consideration to the improvements to West Babcock Street, looped water main, fencing, lot size, stream setbacks, single-family land use restriction, Farmer's Canal Company stream/ditch and tributary ditch, affordable housing, bicycle/pedestrian facility, secondary access, and emergency access, and found that all the issues of concern could be addressed through conditions of approval. VII. The Bozeman City Commission, at their April 1.8, 1994, and May 16, 1994 public meetings, considered the minutes, record and recommendation of the Planning Board, received public testimony, and weighed the proposed subdivision against the five public interest criteria and found as follows: 1. Effects on Agriculture Based on the surrounding commercial and urban development, limited size of the land, and the parcel is encompassed by the City limits of Bozeman, the subdivision of this tract into single family residential lots will not result in adverse effects on the area's agriculture. 2. Effects on Local Services Impacts created by the subdivision on the roads and City streets in the area, will be mitigated through the signing of Waivers of Right-to-Protest creation of S. I .D. ' s for street improvements to West Babcock Street, and signalization improvements at the intersections of West Babcock Street and West Main Street, and West Main Street and Ferguson Road. Sewer, water, and utility services will not be adversely affected by this subdivision. 3. Effects on the Natural Environment With the exception of the intermittent stream/ditch, there is little in the way of unique natural features which will be affected by this subdivision. A condition of approval has been included to insure that the stream/ditch is protected, restored, and used as an amenity for the subdivision and community, and lS adequately assessed by the Farmer's Canal Company, Soil Conservation Service, 4 " : and Montana Department of Fish, Wildlife & Parks. There will be little if any other effects on the natural environment with this subdivision. With the condi Lions of approval, the proposed subdivision will not be detrimental to the natural environment. 4. Effects on Wildlife and Wildlife Habitat As this subdivision is located in an area encompassed by high residential and commercial use, and the subject property has no significant wildlife habitat, there will be little or no additional effect on wildlife or wildlife habitat with the subdivision of this property. 5. Effects on Public Health and Safety The impacts to the area's transportation and pedestrian circulation system will be mitigated through the signing of Waivers of Right-to-Protest creation of S.I.D. 's for improvements t,o West Babcock Street, and signalization at the intersections of West Main Street and West Babcock Street, and West Main Street and Ferguson Road. A notation in bold letters will be included on the Final Plat which references the potential of high ground water and that full basements are not recommended with a depth greater than three ( 3 ) feet below the top of the street curb. No other detrimental effects on public health and safety were identified. ORDER IT IS HEREBY ORDERED that the Preliminary Subdivision Plat of Babcock Meadows Subdivision, Phases I & II, has been found to be in the public interest, and is therefore approved, subject to the conditions listed below: 1. 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 corrected certificates with the appropriate language, as referenced in the staff report; 2. That the applicant obtain Montana Department of Health and Environmental Sciences approval of the subdivision prior to Final Plat approval pursuant to Section 16.16.101 through 16.16.805, A.R.M. ; 3. That a storm water master plan for the subdivision for a system designed to remove solids, silt, oils, grease, and other pollutants from the runoff from the public streets and all lots must be provided to and approved by the City Engineer prior to Final Plat approval. The master plan must depict the maximum sized detention basin location, and locate and provide easements for adequate drainage 5 .' ways wi thin the subdivision to transport runoff to the storm water receiving channel. The plan shall include sufficient site grading and elevations information (particularly for the basin site) , typical storm water detention basin and discharge structure details, basin sizing calculations, and a storm water maintenance plan; 4. That the applicant provide the City Engineer with the necessary documentation to determine if a erosion/sediment control plan is required, that 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 lS necessary as prescribed by the City Engineer, and that. it be submitted for review and approval by the City Engineer prior to Final Plat approval; 5. That a looped water main shall be completed with Phase I of the subdivision to facilitate a water main loop system, either from West Babcock Street or from the Main Mall. If said loop is extended from the West Babcock Street water main via Donna Avenue, then the applicant shall also extend a water main to its southern property line for future connection to the Main Mall water line; 6. Plans and specifications and a detailed design report for water and sewer main extensions, and the public street prepared by a professional engineer shall be provided to and approved by the Ci ty Engineer (water, sewer and streets) and the Montana Department of Health and Environmental Sciences (water and sewer) , that the applicant provide professional engineering services for construction inspection, post-construction cert. i fica t ion, and preparation of mylar record drawings, and that construction shall not be initiated on the public infrastructure improvements unt.il the plans and specifications have been approved and a preconstruct ion conference has been conducted by the City Engineer's Office. City standard residential boulevard sidewalks shall be constructed on all public street frontages of a property prior to occupancy of any home constructed on the property. 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. Handicap ramps shall be constructed at all street corners in accordance with current A.D.A. requirements. City standard boulevard sidewalks shall be placed along all parks and open space frontages within the subdivision and illustrated as such on the plans and specifications, and installed prior to Final Plat approval; 7. That the final plat identify and dimension the minimum thirty- five P5) foot stream setback from both sides of the intermittent stream ditch for any buildings or structures, exclusive of any trial system, and that it be noted accordingly in the protective covenants prior to Final Plat approval; 8 . That the applicant provide documentation of executed waivers, recorded and filed at the County Clerk and Recorder's Office, of right-to-protest creation of special improvements districts or participation in another funding mechanism subject to approval of the City Commission for 1 ) improvements to West Babcock Street to a full forty (40) foot wide City standard street for pavement, curb, gutter, storm drainage and sidewalks, and 2 ) signalization improvements at the intersection of West Babcock Street and West Main Street prior to Final Plat approval; 9. That the applicant provide on the final plat a forty-five ( 45) 6 .' , .' . . foot widg dedicated public right-of-way for West Babcock Street along the frontage of said property. The applicant shall participate on a pro rata basis with other similarly situated persons on contributing twenty percent, (20%) of the cost together wit,h the City and County, which shall contribute eighty percent (80%) of the cost in constructing a pedestrian/bicycle path along West Babcock Street; 10. That the water mains within the subdivision streets maintain a minimum of ten (10 ) feet from each side of the street right-of- way, and should the easements along the front of the lots be permitted the final plat shall define them as easements for "public and private utilities"; 11. That the applicant provide documentation of obtaining a temporary turnaround easement from the adjacent east property owner, filed and recorded at the County Clerk and Recorder's Office, to locate and construct a temporary cul-de-sac at the end of Donna Avenue for review and approval by the Planning Office prior to Final Plat approval; 12. That the applicant provide documentation of full payment for his share of the payback to Mr. and Mrs. Harry Daum for construction of the University Trunk Sewer Line prior to connection to the City sewer main; 13. That the applicant develop Donna Avenue as a secondary gravel access road, twenty-four (24) feet wide, with the filing of Phase I of the preliminary subdivision plat, that the Improvements Agreement, for Phase I require the developer to supply the City of Bozeman with an acceptable method of security approved by the City Attorney, equal to one hundred fifty (150) percent the cost of paving Donna Avenue by the applicant to a thirty-three ( 33) foot wide paved street, with no curb, gutter or sidewalks, within two ( 2 ) years from the date of filing the subdivision plat for Phase I. Should Phase II of the preliminary subdivision plat be filed at any time within two ( 2 ) years of filing Phase I , Donna Avenue shall be improved to a full City standard street with curb, gutter, sidewalks, sewer and water; 14. That. the Final Plat contain the following notation regarding high groundwater on the property, in bold, uppercase letters, a minimum of 3/16-inch high: "Due to the relatively high groundwater table within areas of the subdivision, it is not recommended that residences with full basements be constructed. If daylight basements are incorporated in the construction of residential dwellings, they should not have a depth greater than three feet below the top of the curb of the street from which it is served"; 15. That the applicant extend the 10-inch sanitary sewer main in West Babcock Street to the west end of the sub,ject property, and that it be noted on the plans and specifications submitted to the City Engineer for the extension of sewer and water mains; 16. That all infrastructure improvements shall be completed or financially guaranteed as part of an Improvements Agreement with the City of Bozeman prior to Final Plat approval, and that pursuant to City Code, no building permits may be issued until the improvements have been completed, inspected and accepted by the City Engineer's Office; 17. That" the Final Plat graphically delineate and identify twelve (12 ) foot wide public utility easements along the front yard lines for installation of new underground utilities, that the utilities be installed in the last inside five ( 5 ) feet of the easements, that it be reviewed and approved by the City Engineer prior to Final Plat approval, and that the applicant be granted a variance to Section 16.12.050.B.l and 16.12.050.B.2 of the Bozeman Municipal 7 .,. . lit- .... , ~ '" . Code; 18. Tha't the park land be dedicated to the public on the Final Plat, that if storm water detention/retention ponds are located within the dedicated park land area, they shall be in addition to the required minimum one-ninth park land dedication ( 2 . 0 acres) , and designed to be conducive to the use of the park land, and the design shall be approved by the City Engineer and Park Superintendent prior to Final Plat approval. All building material, fence posts and wire, unused head gates, metal and other debris shall be removed from the park land, detention/retention ponds and West Babcock Street right-of-way, and any park land that lS disturbed during construction shall be repaired and reseeded prior to Final Plat approval. All park land boundaries shall be marked and delineated to the satisfaction of the Park Superintendent, prior to Final Plat approval. The existing barb Wlre fences on along the east, south and west boundaries of the subdivision must be removed and replaced with a fencing material acceptable to the Planning Office (not barb wire) prior to Final Plat approval; 19. That the applicant request that the Bozeman City Commission and Park Superintendent institute a Parks Maintenance District for the proposed development prior to Final Plat approval, and should the City Commission elect not to form the District at this time, then the property owner shall provide and file with the County Clerk and Recorder's Office and executed waiver of right-to-protest the creat,ion of a Park Maintenance District; 20. That the actual number of residential single family lots proposed on the subdivision plat is eighty-three (83) lots, that Lot #15 be identified on the Final Plat, that Lot #1 and Lot #7 provide the minimum lot width of fifty ( 50 ) feet, that Lot #12, #13, #49, #67, #69 and #70 are found to be consistent with the minimum lot width for single family dwellings provided that the minimum fifty (50) foot wide frontage exists at the building setback line, that the building setbacks be noted accordingly on the final plat, and that the following variance to the Zone Code be granted: S e c 1~ ion 18.50.070.A - That a six ( 6 ) foot, high fence, i nst,ead of the maximum four ( 4 ) foot high fence in a front yard, be allowed to be constructed behind the twelve ( 12) foot wide utility easement fronting Donna Avenue for Lots #65 and #66 and that landscaping be established on the street side of the fence to aid in screening Lots #65 and #66, that the house and garage for said lots shall front onto Connie Court, and that all of the above be noted accordingly in the homeowner's restrictive covenants; 21. That the applicant provide written documentation by the County Weed Control Officer approving a Weed Control Plan for the subdi vis i,on, that it be included in the protective covenants and restrictions, and that a signed copy of the Weed Control Plan be submitted to the Planning Office prlor to Final Plat approval; 22. That the protective covenants and restrictions shall be amended per the comments contained In the staff report, and that covenants shall be submitted to the Planning Office for review and approval prior to Final Plat approval; 23. That a one ( 1 ) foot "No Access" strip be placed on the Final Plat restricting access to West Babcock Street from Lot #39, and restricting access to Donna Avenue from Lot #65 and #66, that the single family dwelling and residence for Lot #65 and Lot #66 front onto Connie Court, and that the above restrictions be noted accordingly in the homeowner's association covenants and restrictions prior to Final Plat approval; 8 .' .' . " . '" . 24. That; the applicant provide on the Final Plat a ten ( 10) foot wide public access easement across the designated open space park in the vicinity of Lots #31, #32 and #33, and in the vicinity of Lot #52, #53 and #54 for public access to the linear park land prior to Final Plat approval; 25. That approval of the Final Plat be contingent on completion of the formal documents by the City of Bozeman for annexation, master plan amendment and zone map amendment for said property; 26. That a deed restriction be placed directly on the Final Plat which lirrli ts the land use of the residential subdivision to single family dwelling units and that it noted accordingly in the homeowners' association covenants and restrictions for review and approval by the Planning Office; 27. That the Bozeman City Commission be made party to an"y revisions, modifications and/or additions to the protective covenants for the homeowner's association as it relates to development of the proposed single family dwelling units; 28. That the applicant provide documentation of review and written approval from the Farmers Canal Company, Soil Conservation Service and Montana Department of Fish, Wildlife and Parks for any realignment of the existing stream/ditch and or tributary ditch on said property prior to Final Site Plan approval; 29. That the applicant provide a thirty ( 30 ) foot wide emergency access easement for emergency access to the subject property from the Main Mall, that the final location of said easement be reviewed and approved by the Main Mall, City Engineer, Fire Department and Planning Office, that the location be noted accordingly on the Final Plat, that a twelve ( 12) foot wide "grasscrete" surface be installed by the applicant that would withstand the load of emergency vehicle equipment for review and approval by the Fire Department prior to Final Plat approval, and that the emergency access easement may be considered for elimination at such time that another emergency access from the Main Mall is obtained and lS agreed upon by the City of Bozeman, Main Mall and Fire Department, and; 30. That the developer shall enter into 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 the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150% of the cost of the remaining improvements. The preliminary approval of this subdivision shall be effective for three ( 3 ) years from the date of Preliminary Plat approval" May 16, 1994. 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, and Improvements Agreement for the Subdivision. 9 . . . _..~ " ~,. . . . . . DATED this 8th day of August , 1994. BOZEMAN CITY COMMISSION Vincent, Mayor ATTEST: APPROVED AS TO FORM: _/7 ( ~~It~ ,/' // :/ ) :/tl;~~q ~(A{2 Robin L. Sullivan Paul ~'uwe Clerk of the Commission City A orney 10