HomeMy WebLinkAbout95- Clair Daines at Westfield South Subdivision, Phase 1
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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
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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
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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
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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
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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
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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
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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
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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
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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:
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Robin L. Sullivan
Clerk of the Commission
APPROVED AS TO FORM:
FINDINGS OF FACT AND ORDER -- WESTFIELD SOUTH SUBDIVISION, PHASE I PAGE /2