HomeMy WebLinkAbout94- Brookside Subdivision
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BEFORE THE BOZEMAN CITY COMMISSION
CITY OF BOZEMAN, MONTANA
FINDINGS OF FACT AND ORDER
IN THE MATTER OF THE APPLICATION OF
SCENIC DEVELOPERS INC.
FOR PRELIMINARY SUBDIVISION PLAT APPROVAL OF
BROOKSIDE 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 15, 1994, and a public meeting before the Bozeman
City Commission on November 28, 1994, on the above-entitled application. The purpose
of the public hearing and meeting was to review the proposed Preliminary Subdivision
Plat of Brookside 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:
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FINDINGS OF FACT
I.
The application for preliminary plat review and approval for the subdivision of
5.08 acres located in the 2500 block of West Babcock Street, being more particularly
described as Lot 1, of Certificate of Survey 1840, Gallatin County, Montana, was made
on October 7,1994. The subdivision will create a maximum of thirty (30) residential lots
including a mixture of single-family, two.family duplex or townhouse, and multi~
family/townhouse, dedicate road right-of-way, and dedicate .504 acres of park land. The
lots will be served by City of Bozeman water and sewer selVices, and will be accessed
from West Babcock Street and West Mendenhall Street.
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 30, 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 15, 1994. The applicant indicated objections to conditions 2 & 6 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; and
6) concern about the possibility of imposing impact fees without a cap placed on the total
allowable cost of those improvements.
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Three members of the public were present and testified in opposition to the
project at the public hearing. Their concerns included the height of the structures which
would be built adjacent to the Far Western Subdivision, traffic in the area and along
West Babcock Street, project density and setbacks, and the need for permanent
recordation on the Final Plat of the no~build zones required by the covenants on lots 8
& 16 of the 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 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 recommended conditions and changes requested
by the applicant to conditions 2 & 11 and; 2) maintained the standard wording to indicate
the potential for high groundwater; 11) maintained the condition in its original form; and
added the condition 1) the no~build easements on the north side of lots 8 and 16 shall
be depicted on the plat in a manner subject to review and approval by the Planning
Office.
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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 28, 1994.
VI.
The matter was then considered at a public meeting before the City Commission
on November 28, 1994. The applicant indicated to the Commission, concurrence with all
conditions recommended by the Planning Board, with the exception of conditions 11 &
15, regarding the establishment of easements and the improvement of 25th Avenue from
the north side of the subject property to West Mendenhall Street. The applicant
maintained that certain easements may not be necessary and the improvement of said
portion of 25th Avenue to a full City standard with curb, gutter and sidewalks was not
"logical" or in keeping with past precedent for off-site improvements. The City
Commission discussed the conditions and made the following changes; 11) supported the
applicant's request for modification of the condition and added "or as approved by staff'
to the end of the condition; 15) agreed that the requirement for full City standard
improvements to 25th Avenue from the north side of the subject property to West
Mendenhall Street was an unreasonable burden and modified this condition to require
said extension of 25th Avenue at a county standard pavement width with a requirement
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that an executed waiver of Right-to-Protest Creation of SID's shall be filed for
improvements to said extension of 25th Avenue.
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 5.08 acre subject property is uncultivated pasture land located in a developing
urban area. Twenty (20) acres of cultivated land is generally considered a
minimum for viable agricultural production. Accordingly, an adverse effect upon
agriculture would not result from the proposed subdivision.
LOCAL SERVICES:
The City of Bozeman can provide adequate public selVices to the subject property.
NATURAL ENVIRONMENT:
There should be no adverse effects on the natural environment as a result of
development of the subject property. Middle Creek should be adequately
protected with a required watercourse setback.
WILDLIFE AND WILDLIFE HABITAT:
No effects on wildlife or their habitat should occur as a result of the subdivision.
PUBLIC HEALTH AND SAFETY:
Detrimental effects to public health and safety have not been identified.
There will be effects on the volume of traffic added to the existing street system,
specifically to West Babcock Street and the intersection of West Babcock and
West Main Streets. However, the pending realignment and signalization of this
intersection should reduce traffic congestion in the area, as will future
improvements to West Babcock Street. Mitigations beyond those suggested above
and required as a part of the Annexation Agreement have not been identified.
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Development of the subject property will affect residents of the area through the
loss of undeveloped "open space" land. However, the subdivision will benefit the
area through park land dedication.
ORDER
IT IS HEREBY ORDERED that the Preliminary Subdivision Plat of BROOKSIDE
SUBDIVISION, has been found to comply with the review criteria, Subdivision
Regulations and Zoning Ordinance, and is therefore approved, subject to the following
conditions:
1) 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 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.
3) The County Weed Control Officer shall approve a Weed Control Plan for
the subdivision, and a signed copy of the Plan shall be submitted to the
Planning Office prior to Final Plat approval.
4) The covenants shall be amended as recommended by staff, and submitted
to and approved by Planning Staff prior to final plat approval.
5) The developer shall obtain an on-site investigation which determines if any
hydric soils are present, and shall mitigate as required by the appropriate
agency.
6) 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.
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7) 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.
8) 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.
9) 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.
10) If it is the developer's intent to file the plat prior to the completion of all
required improvements, and Improvements Agreement shall be entered
into with the City of Bozeman guaranteeing the completion of all
improvements III 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.
11) Ten foot utility easements shall be located at the front and rear of each lot,
along the north side of proposed lot #8 and along the eastern edge of the
subject property in the dedicated park land area or as approved by
planning staff.
12) That any existing barbed wire or electric fencing around the perimeter of
the property shall be replaced with a fencing material mutually acceptable
to property owners prior to Final Plat approval.
13) That a "no access" note shall be placed on the Final Plat restricting access
to West Babcock Street from proposed lots #1 & #9.
14) The Final Plat shall reflect the ultimate subdivision of the property.
15) 25th Avenue shall be extended at a County Standard pavement width to
the satisfaction of the County Road Superintendent from the northern edge
of the subject property to West Mendenhall Street.
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16) The proposed "open space" shown on the preliminary plat shall be
dedicated as park land to the City of Bozeman. the Final Plat shall
indicate this dedication and shall reference this land as "Public Park".
17) Water and sewer main extensions must be designed by a Professional
Engineer.
18) The applicant must provide professional engmeenng selVlces for
construction inspection, post-construction certification, and preparation of
mylar record drawings.
19) AIl water and sewer main extensions and selVice stubs must be installed,
tested, approved and accepted by the City prior to issuance of any building
permits for this subdivision.
20) AIl lots shown as proposed townhouse lots must have adequate water and
sewer selVice stubs installed to the lots to selVice each individual
townhouse.
21) AIl publically dedicated streets shall be of standard residential street
design. This would include standard 60 foot right-of-ways, 37 feet back of
curb street widths.
22) AIl applicable regulatory and street marker signs shall be installed by the
developer and in accordance with City standards.
23) 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.
24) Sidewalks will be installed at points where the park borders West Babcock
Street.
25) AIl sUlVey 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 pennanent 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 2 3/4" X 14"
stating PARK BOUNDARY or PROPERTY BOUNDARY.
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26) The property is subject to the following paybacks prior to Final Plat
Approval:
a. Daum Sewer Main.
b. S.LD. #622
c. The HRDC Sewer
27) A Stormwater Drainageffreatment 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), stonnwater
discharge destinations, and stormwater maintenance plan.
28) 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, 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. North 17th Collector sewer improvements
b. Park maintenance and/or improvement district(s).
c. Improvements to North 25th Avenue from Brookside Subdivision
north to West Mendenhall Street.
Said waivers shall be a covenant running with the land and shall not expire.
29) A 35' setback shall be shown on the final plat for the entire length of the
watercourse. No buildings, decks, or impelVious surfaces may be
constructed in the watercourse setback.
30) 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 selVices 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
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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.
31) City standard residential sidewalks shall be constructed prior to occupancy
of any structure 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 within 30
days, said sidewalk for their 10t(s) , regardless of whether other
improvements have been made upon the lot. This condition shall be
included on the plat.
32) 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.
33) The no build easement on the north side of lots 8 and 16 shall be depicted
on the plat in a manner subject to review and approval by the Planning
Office.
( continued)
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The preliminary approval of this subdivision shall be effective for three (3) years
from the date of Preliminary Plat approval, November 28, 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 if the developer enters into, and secures, an
Improvements Agreement for the Subdivision.
DATED this 12th day of December , 199 4 .
BOZEMAN CITY COMMISSION
ATIEST:
(2L~~
Robin L. Sullivan
Clerk of the Commission
APPROVED AS TO FORM:
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