HomeMy WebLinkAbout94- Greenway Subdivision
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BEFORE THE BOZEMAN CITY COMMISSION
CITY OF BOZEMAN, MONT ANA
IN THE MATTER OF THE APPLICATION OF FINDINGS OF FACT
P.e. DEVELOPMENT, INe. FOR AND ORDER
PRELIMINARY SUBDIVISION PLAT APPRO V AL OF
GREENW A Y SUBDIVISION
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
November I, 1994, and a public meeting before the Bozeman City Commission on November
14, 1994, on the above-entitled application. The purpose of the public hearing and meeting was
to review the proposed Preliminary Subdivision Plat of Greenway 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:
FINDINGS OF FACT
I.
The application for preliminary plat review and approval for the subdivision of 23.99
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acres located south of Durston Road and north of the extension of Hunters Way, being more
particularly described as being in the NEY4 of Section] ], T2S, R5E, PMM, City of Bozeman,
Gallatin County, Montana, was made on September 9, 1994. The subdivision will create a
maximum of fifty-eight (58) single family residential lots and fifty (50) townhouse lots for
twenty-five (25) duplex structures, dedicate road right-of-way, and dedicate 2.67 acres of park
land. The lots will be served by City of Bozeman water and sewer services, and will be accessed
from Durston Road and Hunters Way.
II.
Notice of a public hearing before the City-County Planning Board and of a public meeting
before the City Commission was published in the Bozeman Daily Chronicle, on October 16,
1994, and the Notice was 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 November 1,
1994. The applicant's representative indicated objections to conditions 2, 4a, 4e, Sa, 5b, 5c, 5d,
6a, 9b, 9c, 9f, 10, 11, 18, and 19 and acceptance of the remaining conditions as recommended in
the Staff Report. The objections included; 2) the standard wording to indicate the high
groundwater table; 4a, 4e, 5a, 5b, 5c, 5d, 9b, and 19) that these were technical design issues that
will need to be resolved with the City of Bozeman; 6a) the developer has requested a variance
to City standard street design for the two cul-de-sacs; 9c) the requirement for a drainage easement
for an adjacent property is an unreasonable burden; 9f) the provision of a utility easement stub
to the south can be accomplished in a location that does not impact two lots; 10) that the
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construction of Durston Road adjacent to this property was premature and potentially hazardous;
11) that the requirement for the engineering design of Durston Road was an unreasonable burden
on this development; 18) that the redesign of Greenway Court from a "p" to a "u" does not
maintain a livable efficient neighborhood. There were no members of the public present to
testify at the hearing.
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
accordance with the Bozeman City Zoning Regulations and Master Plan, the Planning Board
reviewed and considered the five criteria established in Title 76-3-608, M.C.A., 1993.
The Planning Board found that the preparation of a Community Impact Statement and
Environmental Assessment were not necessary as most of this information can be found in the
Bozeman Area Master Plan. Therefore, the Board granted a waiver of these requirements.
The Planning Board discussed the conditions and made the following changes; 2)
maintained the standard wording to indicate the high groundwater table; 4a, 4e, 5a, 5b, 5c, 5d,
and 9b) agreed that these were technical design issues that will need to be resolved with the City
of Bozeman and worded a condition to that effect; 19) disagreed that the requirement for the
investigation of hydric soils was a technical design issue and retained the condition; 6a)
supported the applicant's requested variance to City standard street design for the two cul-de-sacs
and eliminated this condition; 9c) agreed that the requirement for a drainage easement for an
adjacent property was an unreasonable burden and eliminated this condition; 9f) agreed that the
provision of a utility easement stub to the south can be accomplished in a location that does not
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impact two lots and reworded the condition to extend the stub southeast from Hunters Way
through park land; 10) disagreed that the construction of Durston Road adjacent to this property
was premature and potentially hazardous and maintained this condition; 11) agreed that the
requirement for the engineering design of Durston Road was an unreasonable burden on this
development and deleted this condition; 18) agreed that the redesign of Greenway Court from
a "p" to a "u" does not maintain a livable efficient neighborhood and eliminated this condition.
The Planning Board found that the subdivision complied with the review criteria, and
therefore referred the application to the Bozeman City Commission for their final decision, with
a recommendation of conditional approval.
V.
The matter was scheduled to be considered by the City Commission at a public meeting
at 3:00 p.m. on November 7, 1994. At the request of the applicant, the application was continued
until November lA, 1994 to give the applicant the opportunity to respond to the Planning Board
recommendation.
VI.
The matter was then considered at a public meeting before the City Commission on
November 14, as requested by the applicant. The applicant indicated to the Commission
concurrence with all conditions recommended by the Planning Board, with the exception of
Condition 13, regarding the improvement of Durston Road adjacent to this property. The
applicant maintained that improvement was premature and that it would be more appropriate to
require the engineering design. City Commission discussed that it would be more appropriate
to have the engineering design completed prior to the requirement to improve the road.
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VII.
The Bozeman City Commission considered the minutes, record and recommendation of
the Planning Board and weighed the proposed subdivision against the five review criteria
established by State Statute, and found as follows:
AGRICULTURE:
The property is currently pasture land used for grazing cattle. Subdivision of this land
will remove 24 acres from agricultural use. However, the property was annexed 15 years
ago, is zoned for residential development, and is master planned for residential infill.
LOCAL SERVICES:
This 108 housing unit subdivision will have no adverse impact on local services. The fire
department has commented that they can provide services to this property. Water and
sewer can be provided through the extension of mains and lines.
NATURAL ENVIRONMENT:
The effects to the natural environment which have been identified is the maintenance and
protection of the watercourse that runs south to north through this property_ This impact
will be mitigated by a 20 foot maintenance easement and the 35 foot building setback
line. This area is identified as having the potential of 3-6 feet to groundwater level. The
Meadowcreek soil may have hydric inclusions up to 10%. An on-site investigation to
determine if any hydric soils exist shall be completed prior to final plat approval.
WILDLIFE AND WILDLIFE HABIT AT:
No effects on wildlife or their habitat have been identified for this area.
PUBLIC HEALTH AND SAFETY:
There will be effects from the volume of traffic added to the existing street system as the
site develops, most specifically to Durston Road and Babcock Street_ The future
signalization of Durston Road and North 19th Avenue, and improvements to Durston
Road and Babcock Street will improve this traffic situation. The required mitigation
measures; waivers of right to protest the creation of SIDs on street improvements to
Durston Road and Babcock Road, signalization of Durston and North 19th, and park
maintenance and/or improvement district(s); and the engineering design of Durston Road
from North 19th to Ferguson will offset the effects of the additional traffic on the street
system.
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VIII.
The City Commission considered the applicant's request for a variance to the Subdivision
Regulations to allow the two cul-de-sacs sterns to be 50 foot right-of-ways, 32 feet back of curb
street pavement widths, with sidewalk in standard City location and parking on both sides, and
the cul-de-sac bulbs to be 100 foot diameter right-of-way and 74 feet back of curb cul-de-sac
pavement widths. The City Commission found that the short length of the cul-de-sacs and the
limited number of lots on each cul-de-sacs was justification for the variance.
ORDER
IT IS HEREBY ORDERED that the Preliminary Subdivision Plat of Greenway
Subdivision, has been found to comply with the review criteria, Subdivision Regulations and
Zoning Ordinance, and is therefore approved, subject to the conditions listed below:
1. That the Final Plat shall conform to the Uniform Standards for Final Subdivision Plats,
contain all appropriate certificates, and be accompanied by all appropriate documents, including
a Platting Certificate.
2. The following notes shall be added to the plat:
a) Due to the relatively high groundwater table within the subdivision, it is not
recommended that residences with full or daylight basements be constructed.
b) Land use shall be restricted to single family dwelling units only on Lot(s) _,
Block(s) _, and to townhouse duplexes only on Lot(s) _, Block(s)_.
3. 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
4. The developer shall resolve specific technical design issues with the City of Bozeman
relating to: street curve and alignments; sanitary sewer extensions and water main crossing,
positions and looping requirements to the satisfaction of the City. The following issues shall be
resolved:
a) Curve C53 is smaller than the minimum allowed by the City Code. However, in
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checking the final plat for Westgate Subdivision, the existing curve on Hunters Way, at
130', is also smaller than the minimum. The curve platted by this subdivision must match
the curve in Westgate. No "broken back" curves are allowable.
b) Sanitary sewer may be required to be extended to the west property boundary in
Villard, pending review by the City Engineer.
c) Utilize existing sewer off of Durston, it is not shown as existing at the east street.
d) Water and sewer crossings and locations on south end of Hunters Way are not
acceptable.
e) The water main as shown in the looped street in the south-east portion of the
development is a long dead-end line and will need to have a second source of supply to
be acceptable.
f) Hunters Way should be realigned so sanitary sewer is in standard City location
(middle of street). Storm sewer location shall be shown.
g) Water, sewer, and storm sewer shall be stubbed to the peripheral property lines
to accommodate future extensions.
5. The applicant shall comply with the following conditions of approval set forth by Phill
Forbes, Director of Public Service, prior to final plat approval.
a) Sidewalks across all non-privately owned street frontages should be constructed
by the developer at initial construction (if sidewalk construction is being delayed until
home construction).
b) The Durston Road right-of-way dedication of 45' should be dimensioned on the
plat
c) The minimum size of public storm sewers is 15".
6. The applicant shall comply with the following conditions of approval set forth by Fred
Shields, Superintendent of Water/Sewer, prior to final plat approval.
a) All water and sewer main extensions and service stubs must be installed, tested,
approved and accepted by the City prior to issue of any building permits for this
subdivision.
7. The two cul-de-sac stems shall be 50 foot right-of-ways, 32 feet back of curb street
pavement widths, with sidewalk in standard City location and parking on both sides. The cul-de-
sac bulbs shall be 100 foot diameter right-of-way and 74 feet back of curb cul-de-sac pavement
8. The applicant shall comply with the following conditions of approval set forth by Roger
Sicz, Street/Sanitation Superintendent, prior to final plat approval.
a) All applicable regulatory and street marker signs and deadend markers shall be
installed by the developer and in accordance with City standards. The stop sign shall be
installed at the intersection of Greenway Avenue and Durston Road.
b) The Street Department shall not maintain or be responsible for the un-named
(Harmon) ditch traversing the proposed development.
9. The applicant shall comply with the following conditions of approval set forth by Chuck
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Winn, Fire Marshall, prior to final plat approval.
a) The final infrastructure plans shall show fire hydrant spacing that conforms the
City standards.
10. The applicant shall comply with the following conditions of approval set forth by John
McNeil, Park/Cemetery/Forestry Superintendent, prior to final plat approval.
a) Park area shall have all fencing material, construction debris, and other trash
removed. Area shall be leveled and any disturbed areas reseeded, as to allow mowing
with turf type mowers.
b) 5 foot pedestrian trails and bridges will be installed to City trail and bridge
standards.
c) Sidewalks will be installed at points where the park borders or crosses streets;
Durston Road, Hunters Way, Villard St. and Greenway Court.
d) All survey property pins on the park boundary shall be delineated with flat
flexible fiberglass posts* a minimum of 6' in length with no less than 2' driven into the
ground. Each post shall be labeled with a permanent glue on sign** stating Park
boundary. *Posts shall be equivalent to CARSONITE type - 6 ft. long X 3 in. wide,
white or brown in color. * * Sign shall be permanent glue on outdoor type approximately
23/4" X ]4" stating PARK BOUNDARY or PROPERTY BOUNDARY.
]1. The applicant shall comply with the following conditions of approval set forth by Craig
Brawner, City Engineer, prior to final plat approval.
a) The property is subject to payback to the Daum Sewer Main at an approximate
cost of$0.05 per sq. ft. of each lot with a direct connection, and $0.01 per sq. ft. of each
lot with an indirect connection. This fee must be submitted prior to final plat approval.
b) A no access easement strip prohibiting direct access to Durston Road shall be
provided for all lots adjacent to Durston Road.
c) A Stormwater Drainage/Treatment Grading Plan and Maintenance Plan for a
system designed to remove solids, silt, oils, grease, and other pollutants must be provided
to and approved by the City Engineer. The plan must demonstrate adequate site drainage
(including sufficient spot elevations), stormwater detention/retention basin details
(including basin sizing and discharge calculations, and discharge structure details),
stormwater discharge destinations, and stormwater maintenance plan.
12. Water, sewer, and storm sewer stubs in a 30' easement shall be provided from Hunters
Way southeast through the park land to the property line.
13. The developer shall be responsible for the engineering design of Durston Road from N.
19th Avenue to Ferguson Avenue.
14. The property owners shall provide and file with the County Clerk and Recorder's Office
an executed Waiver of Right to Protest Creation of SIDs. The Waivers 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,
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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. Street improvements to Durston Road, including paving, curb/gutter, sidewalk,
and storm drainage, from 19th to Yellowstone.
b. Street improvements to Babcock Road, including paving, curb/gutter, sidewalk,
and storm drainage, from U.S. 191 to Fowler.
c. Signalization improvements to Durston and North 19th.
d. Park maintenance and/or improvement district(s).
Said waiver shall be a covenant running with the land and shall not expire.
15. Utility easements shall be shown on each lot on the final plat.
16. Park land dedication requirements shall be recalculated with subtraction of the 20' ditch
maintenance easement and stonn drainage structures. If an adequate dedication amount does not
remain, a cash-in-lieu payment must be made for the difference.
17. A 35' setback shall be shown on the final plat for the entire length ofthe watercourse. No
buildings, decks, or impervious surfaces may be constructed in the watercourse setback. A
minimum 20' (15' on one side and 5' on the other) ditch maintenance easement shall be provided
along the irrigation ditch.
18. Block numbers shall be used.
19. The covenants shall be amended as recommended by the Staff, and submitted to and
approved by the Planning Staff prior to final plat approval.
20. The developer shall obtain an on-site investigation which determines is any hydric soils
are present, and shall mitigate as required by the appropriate agency prior to final plat approval.
21. Preliminary plat approval does not exempt the developer from impact fees established at
a later date which are based on final plat approval or building permit approval. Final plat
approval(s) shall be subject to any impact fees which are implemented prior to said final plat
approval. Development of individual lots shall be subject to any impact fees applicable to
building permit applications implemented prior to building permit approval.
22. That the developer shall have three years from the date of preliminary plat approval to
complete the above conditions and apply for final plat approval of all phases of the subdivision.
23. Plans and specifications for any water, sewer and/or storm sewer main extensions, and
Public or Private Streets (including curb, gutter and sidewalks) prepared by a Professional
Engineer (PE) licensed in the State of Montana shall be provided to and approved by the City
Engineer. Water and sewer plans shall also be approved by the Montana Department of Health
and Environmental Sciences. The applicant shall also provide Professional Engineering services
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for Construction Inspection, Post-Construction Certification, and preparation of mylar Record
Drawings. Specific comments regarding the existing and proposed infrastructure shall be
provided at that time. 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. No building permits will be issued prior to City acceptance
of the water and sewer improvements.
24. All infrastructure improvements including 1) water and sewer main extensions, and 2)
Public and Private streets including curb/gutter, sidewalks, and storm drainage infrastructure
improvements shall be financially guaranteed or constructed prior to occupancy. No building
permits will be issued prior to completion and acceptance of the water and sewer
improvements.
25. If construction activities related to the project results in the disturbance of more than 5
acres of natural ground, an erosion/sediment control plan may be required. 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 by the
WQB, an erosion/sediment control plan shall be prepared for disturbed areas of 5 acres or less
if the point of discharge is less than 100' from State Waters.
26. 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 Section 16.16.101 through 16.16.805, ARM.
27. 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. City standard barricades shall be
constructed at the ends of any dead-end city streets created by this subdivision.
28. If it is the developer's intent to file the plat prior to the completion of all required
improvements, an Improvements Agreement shall be entered into 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, November 14, 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 calendar year
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if the developer enters into, and secures, an Improvements Agreement for the Subdivision.
DATED this 12th day of December , 199~.
BOZEMAN CITY COMMISSION
ATTEST:
V~ J~
Robin L. Sullivan
Clerk of the Commission
APPROVED AS TO FORM:
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