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HomeMy WebLinkAbout95- Clair Daines at Westfield South Subdivision, Phase 1 , . , . - BEFORE THE BOZEMAN CITY COMMISSION CITY OF BOZEMAN, MONTANA IN THE MATTER OF THE APPLICATION OF FINDINGS OF FACT CLAIR DAINES FOR PRELIMINARY SUBDIVISION AND ORDER PLAT APPROVAL OF WESTFIELD SOUTH SUBDIVISION, PHASE I 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 February 22, 1995, and a public meeting before the Bozeman City Commission on March 6, 1995, on the above-entitled application. The purpose of the public hearing and meeting was to review the proposed Preliminary Subdivision Plat of Westfield South Subdivision, Phase I, 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 and consider 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 req uired: FINDINGS OF FACT AND ORDER -- WESTFIELD SOUTH SUBDIVISION. PHASE I PAGE I ; I , FINDINGS OF FACT I. The application for preliminary plat for the subdivision of 15.836 acres located in the Green Pastures Tract Annexation, being located in the SEJA of Section 24, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana, was made on January 23, 1995. The subdivision will create 33 residential, single-family lots, dedicate park land and open space, and public streets. The lots will be served by City of Bozeman water and sewer services, and will be accessed from South Third Avenue and Wagon Wheel Road. 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 February 5, 1995, and the Notice was mailed by Certified mail, return receipt requested, to adjoining property owners. III. The matter was heard before the Bozeman City-County Planning Board on February 22, 1995. Fourteen members of the public testified against the application with concerns about traffic being funneled onto Wagon Wheel Road from Oxford Drive and the requested that Oxford Drive be vacated and the access be moved to the south, the fact that rear yards will front Wagon Wheel Road in future phases, the need for a buffer on Oxford Drive for the adjoining lots, storm water detention, parking for the park, degradation of the character of the existing subdivisions, and burdens on existing transportation systems. FINDINGS OF FACJ' AND ORDER.. WESTFIELD SOUTH SUBDIVISION, PHASE I PAGE 2 0.. , , ; The developer proposed adding a 35-foot wide linear park to the north boundary of the subdivision to address one concern expressed by adjoining property owners, noting that the park would add a buffer between the existing subdivision to the north, as well as provide an opportunity for Winchester Drive to be straightened per the City Engineer's request. The realignment of the road would also square up an irregularly shaped lot at the southeast intersection of Winchester and Oxford Drive. The developer further indicated his willingness to review the conceptual master plan of Phases 2-5, in an effort to address the adjoiners concerns regarding its proposed design. The developer objected to eliminating a lot as proposed in Staff Condition No. 6A, noting that he would be increasing the park area by adding a 35-foot buffer on the norther boundary of the subdivision, as requested by those adjoining lot owners. 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, with the exception of a Traffic Study, as recommended by the Planning Office during pre-application review. Therefore, the Board granted a waiver of these studies as the information can be found in the Bozeman Area Master Plan and a Traffic Study was submitted with the Preliminary Plat application, as requesting during pre-application review. FINDINGS OF FACT AND ORDER -- WESTFIELD SOUTH SUBDIVISION. PHASE I PAGE 3 . V. The Planning Board considered the testimony from the developer and the public, and concluded that the newly proposed 35-foot park will only benefit a few, and that the neighborhood park will benefit a large number of people, and therefore, the linear park should not be included in the required park land dedication. The Board also determined that oxford Drive is an existing dedicated right-of-way, and the developer should be allowed to use it as proposed in the preliminary plan. They further concluded that a majority of the traffic from this subdivision will use South Third Avenue and not Wagon Wheel Road. The Planning Board reviewed the conceptual master plan of Phases 2-5 and found that other designs should be explored that may prevent the back yards of lots from facing Wagon Wheel Road, including, but not limited to, an alley, shared access, and additional open space along Wagon Wheel Road. The Board stressed that conditional approval of Phase I of the subdivision in no way implies pteapproval of Phases 2-5. The Board also considered the traffic impact from this subdivision on South Third, noting that, in July 1994, the City Commission denied a subdivision which relied on South Third as the sole access. It was noted that 97 % of the traffic from this subdivision will use South Third A venue to Kagy Boulevard, but further noted the other subdivision was denied prior to approval of the General Obligation Bond which will fund improvements to South Third A venue. The Planning Board reviewed and considered the five review criteria established in Title 76-3-608, M.C.A., 1993, and 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. FINDINGS OF FACT AND ORDER -- WESTFIELD SOUTH SUBDIVISION, PHASE I PAGE 4 VI. The matter was considered by the City Commission at a public meeting at 3:00 p.m. on March 6, 1995. 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: Limited farming occurs on the site for barley and sod production. The subdivision of this land to an urban density has been anticipated since the annexation application was received in 1991 and filed in 1992. Further, the area has been designated for medium density residential use as far back as the 1972 Bozeman Area Master Plan. The property is within both the Urban Growth and service boundary of the existing sewer system. This subdivision will remove 15.8 acres of active agricultural land from production, but the area is annexed and is within a developed area. LOCAL SERVICES: The Police and Fire Department response times to the subject area is approximately 8 to 10 minutes. As the City continues to grow and spread out from the services near the core of the city, emergency response times will increase. Water and sewer can be provided to the property. No detrimental effects to local services were identified. NATURAL ENVIRONMENT: Because of the agricultural nature of the area and the close proximity to existing residential development and South Third A venue, the proposed subdivision should not impact the natural environment. No stream corridors or physical features have been identified on the property. No detrimental effects on the natural environment were identified. WILDLIFE AND WILDLIFE HABIT A T: As no wildlife or wildlife habitat has been identified on the property, the subdivision will have no impact on wildlife or their habitat. FINDINGS OF FACT AND ORDER -- WESTFIELD SOUTH SUBDIVISION, PHASE I PAGE 5 PUBLIC HEALTH AND SAFETY: There will be effects from the volume of traffic added to the existing street system, but the improvements proposed to be funded by the General Obligation Bond should adequately address this issue. The visual impacts expressed by neighbors of the back of lots facing Wagon Wheel Road does not directly affect this subdivision, as this Phase of the subdivision has no lots adjoining Wagon Wheel Road. The traffic on Oxford Drive to Wagon Wheel Road will have some impact on the properties which adjoin Oxford Drive. The planting of vegetation by the developer will assist in mitigating this impact. The configuration and size of the park should be reconsidered by the developer and City Planning and Parks Departments. The provision of a 35-foot linear park/buffer along the north edge of the subdivision could be dedicated as public park land, as long as the property owner's association maintains the area. The central park should be kept to a size large enough to accommodate a practice field for soccer or T-Ball, but the park should not contain an improved ball field. If all of the required one-ninth park land dedication is not met, the remainder can be met by improvements made to the park area by the developer. ORDER IT IS HEREBY ORDERED that the Preliminary Subdivision Plat of Westfield South Subdivision, Phase I, 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. 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. Two mylar and two clothback 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 31/2-inch floppy disk. FINDINGS OF FACl' AND ORDER -- WESTFIELD SOUTH SUBDIVISION, PHASE I PAGE 6 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 Section 16.16.101 through 16.16.805, ARM. If a stormwater permit and erosion/sediment control plan is required by that Department, the developer shall demonstrate to the City that they have obtained the permit and are in full compliance with said permit. 3. A Stormwater Master Plan shall be prepared for the subdivision and approved by the City Engineer. The master plan shall include the design of a system to remove solids, silt, oils, grease, and other pollutants from the runoff from the public streets and all lots. The master plan must depict the maximum sized retention basin locations, and locate and provide easements for adequate drainage ways within the subdivision to transport runoff to the stormwater receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin site, drainage ways, and lot finished grades), typical stormwater detention/retention basin and discharge structure details, basin sizing calculations, and a storm water maintenance plan. Any storm water ponds located within the park or open space shall be designed and constructed to be conducive and amenable to the normal use and maintenance of the open space/park. 4. INFRASTRUCTURE: a) Plans and Specifications and design reports for water and sewer main extensions, public streets, and storm drainage improvements must be prepared by a Professional Engineer (PE) licensed in the State of Montana, and shall be provided to and approved by the City Engineer and the Montana Department of Health and Environmental Sciences. 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 preconstruction conference has been conducted. b) A comprehensive Design Report, prepared by a qualified Professional Engineer, shall be submitted which evaluates the existing capacity of the water and sewer utilities. The report must include hydraulic evaluations of each utility for both existing and post-development demands for this and future phases of Westfield South Subdivision. If the report demonstrates that adequate water capacity is not available for full development, the report must identify necessary water system improvements required for full development. The developer shall be responsible to complete the necessary system improvements to serve the full development. If the report demonstrates that adequate sewer capacity is not available for full development, the conditions of the Green Pastures Tract Annexation Agreement shall apply. FINDINGS OF FACT AND ORDER -- WESTFIELD SOUTH SUBDNISION, PHASE I PAGE 7 . . c) All infrastructure improvements including 1) water and sewer main extensions, and 2) public streets including curb/gutter, ADA access ramps, and sidewalks fronting parks, open space, space, or other non-building lot frontages, and related storm water improvements shall be substantially complete and accepted by the City, or financially guaranteed prior to Final Plat approval. No building pennits will be issued until the infrastructure improvements are approved by the City. d) Project infrastructure phasing, including utility phasing, shall be clearly defined. The water system must be designed to provide looping in accordance with established City policy. e) All water and sewer mains and storm sewers shall be located within an improved and accessible public right-of-way or easements. Where necessary, easements for any water, sewer or storm sewer not located within public right-of-way 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. t) City standard residential sidewalks shall be constructed on all public street frontages on each lot prior to 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. g) The developer shall install city standard residential sidewalks on all public street frontages that abut park land or open space areas at the time street improvements are installed. These improvements shall be completed prior to final plat approval or secured by an Improvements Agreement and financial guarantee. 5. STREETS AND CONSTRUCTION: a) Tee intersections off the internal looped street should not be placed within a horizontal curve, unless approved by the City Engineer as a method of encouraging traffic to go south on Fieldstone Drive West. If allowed to intersect at a curve, a sufficient radius shall be ensured on the lot at the northeast corner of the intersection (13,575 sq.ft. lot) for extra room for curb return, sidewalk and disabled ramp. b) Encroachment permits must be acquired from the County Road and Bridge Department for the Cambridge Drive access to South Third Avenue, with a copy of the permit submitted with the final plat. c) Road name signs and stop signs will be required at the intersection of Cambridge Drive and South Third Avenue; Cambridge Drive and Fieldstone Drive West; and Oxford Drive and Wagon Wheel Road. FINDINGS OF FACT AND ORDER -- WESTFIELD SOUTH SUBDIVISION, PHASE I PAGE 8 . d) Winchester Drive shall be renamed with the name approved by the Gallatin County Road Office prior to final plat approval. e) The developer shall be financially responsible for his fair share of one-half a 37-foot city standard local street peripheral and adjacent to the development at the time planned improvements are completed by the City on South Third A venue. A signed agreement regarding this responsibility shall be filed with the final plat. f) The final plat shall contain a note which prohibits direct access of lots onto South Third A venue. g) The developer shall confirm the right-of-way on South Third Avenue is accurate as shown on the preliminary plat; and if it is not, the appropriate right-of-way dedication shall be made to achieve the 65- foot right -of-way from the 1/16 Section Line to the property boundary, as shown on the preliminary plat. h) The developer shall plant boulevard trees along both sides of Oxford Drive from Wagon Wheel Road to the eastern boundary of the subdivision at 50-foot intervals. The tree species shall be per Section 18.50.100.D(5.i) of the Bozeman Municipal Code. 6. PARK LAND, OPEN SPACE, AND LANDSCAPE EASEMENTS The applicant shall work with the Planning and Parks Departments to provide an acceptable park configuration for the entire 49.7 acre parcel, while considering the following recommended conditions. a) The 11,962 sq. ft. lot in the northwest corner of the park shall be eliminated and this area included in the park. b) The line between the park and the path from the park to Cambridge Drive shall be eliminated to include this path in the park. A city-standard 5-foot wide sidewalk shall be installed in the center of the path, with landscaping, as approved by the Park Superintendent, planted on both sides, prior to final plat approval. c) A minimum of seventy percent (70 %) of one-ninth of the entire 49.7 acre area, less other dedications (i.e. streets) shall be dedicated for park land. Public park land may be used for storm water retention ponds if the area is conducive to park use, but may not be included in the required dedication. The Park Superintendent must approve the storm water detention pond to ensure that it is conducive to park use prior to construction of the area in the park land. If, after construction of the storm water detention area, it is found that the area was not constructed as shown on the plans and is not conducive to park land, that area will not be accepted as public park land and must be owned by the homeowners association. The fair market value of thirty percent (30 %) of one-ninth of the area that would have been dedicated for park land shall be established by an appraisal done by a qualified real estate appraiser. FINDINGS OF FACT AND ORDER -- WESTFIELD SOUTH SUBDIVISION, PHASE I PAGE 9 . . . A copy of the appraisal and plans for the development of a Little League Field and Soccer Field within the dedicated park shall be submitted to the Planning Office for forwarding to the City Park Department for that Department's approval. The fair market value of the remaining 30% park land shall be used by the developer to complete the approved improvements to fields, and the improvements should be completed or financially guaranteed prior to final plat approval. A record of the amount of money spent on the improvements should be submitted with the final plat to ensure that the cash-in-lieu amount was met. d) The park boundary bordering the private lots shall be delineated at the common private/public corner pins, with flat flexible fiberglass posts, a minimum of 6-feet in length with no less than 2-feet driven into the ground. Each post must be labeled with a permanent glue on sign stating "Park Boundary" or "Property Boundary". The park area must have all fencing material, construction debris, and other trash removed. These costs may not be included in the field improvements. e) The open space link between Winchester Drive and Westfield Subdivision Phase 3 shall be designated as common open space on the final plat, and will be owned and maintained by the homeowner's association. 7. 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. An additional 8-foot wide utility easement shall be added to the edge of the lots abutting South Third A venue. 8. The applicant shall provide and file with the County Clerk and Recorder's Office executed Waivers of Right 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/Kagy Boulevard/Willson A venue intersection improvements and signalization. b) Park maintenance district for area parks. The applicant shall provide and file with the County Clerk and Recorder's Office a Waiver of Right to Protest Rural Improvement Districts for future improvements to Wagon Wheel Road and South Third Road. FINDINGS OF FACT AND ORDER -- WESTFIELD SOUTH SUBDIVISION, PHASE I PAGE 10 . . " . ' . 9. That the Covenants be amended as outlined in the Staff Report and should be written to apply to all future phases. A copy of the Covenants must be submitted to and approved by the Planning Staff prior to final plat approval, and must be filed with the Final Plat of Phase I. 10. Water rights in the amount of $206.38 per lot shall be paid to the City of Bozeman by the developer prior to final plat approval. 11. A signed copy of a Weed Control Plan, approved by the County Weed Control Officer, for the subdivision, and a signed copy of the Plan be submitted to the Planning Office prior to Final Plat approval. 12. The developer shall submit $3,500.00 to the City of Bozeman for participation in the cost of the improvements made to the intersection of Wagon Wheel Road and South Third Avenue, as required in the Annexation Agreement. This payment shall be made prior to final plat approval. 13. The final plat shall contain lot and block numbers, and the correct acreage, gross and net, including streets, parks, open space and lots. 14. 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 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, valid for a period of 18 months, equal to 150 % of the cost of the remaining improvements. All improvements must be completed within 12 months of the date the Final Plat is filed. 15. Approval of Phase I in no way implies preapproval of Phases 2-5 as presented in the conceptual Master Plan. FINDINGS OF FAIT AND ORDER.. WESTFIELD SOUTH SUBDNISION, PHASE I PAGE II . ' . .. " .. . , 6 The preliminary approval of this subdivision shall be effective for three (3) years from the date of Preliminary Plat approval, March 6, 1995. 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 3rd day of April, 1995. BOZEMAN CITY COMMISSION ATTEST: (;~d~ Robin L. Sullivan Clerk of the Commission APPROVED AS TO FORM: FINDINGS OF FACT AND ORDER -- WESTFIELD SOUTH SUBDIVISION, PHASE I PAGE /2