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HomeMy WebLinkAbout95- Willowbrook Condominiums, Inc. at Willowbrook > .- . . BEFORE THE BOZEMAN CITY COMMISSION CITY OF BOZEMAN, MONTANA IN THE MATTER OF THE APPLICATION OF FINDINGS OF FACT WILLOWBROOK CONDOMINIUMS, INC. FOR AND ORDER PRELIMINARY SUBDIVISION PLAT APPROVAL OF WILLOWBROOK CONDOMINIUMS 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 March 21, 1995, and a public meeting before the Bozeman City Commission on April 3, 1995, on the above-entitled application. The purpose ofthe public hearing and meeting was to review the proposed Preliminary Subdivision Plat of Willow brook Condominium 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 19.09 acres located south of Durston Road, north of the extension of West Beall Street, and east of North 25th 1 ..., .. , . A venue, being more particularly descnbed as cas No. 1917 and being in the NW!4, NE!4 of Section 11, T2S, R5E, PMM, City of Bozernan, Gallatin County, Montana, was made on February 22, 1995. The subdivision will create a maximwn of eighty-five (85) condominium dwelling units consisting of twenty-three (23) duplex structures and thirteen (13) tri-plex structures. The lots will be served by City of Bozeman water and sewer services, and will be accessed from Durston Road and West Beall 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 March 5, 1995, 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 March 21, 1995. The applicant requested a change to condition 31 and acceptance of the remaining conditions as recommended in the Staff Report. The change to condition 31) The developer shall have three years from the date of preliminary plat approval to complete the infrastructure improvements subject to the provision in condition 19. 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 2 . . Environmental Assessment were not necessary as most of this infonnation 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 change to condition 11) A 310 permit and/or any other applicable pennits must be obtained prior to any impact on the stream, and condition 31. 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 considered by the City Commission at a public meeting at 3:00 p.m. on April 3, 1995. The applicant indicated to the Commission concurrence with all conditions recommended by the Planning Board. VI. The Bozeman City Commission considered the minutes, record and recommendation ofthe Planning Board and weighed the proposed subdivision against the five review criteria established by State Statute, and found as follows: AGRICULTURE: The property has been used historically as pasture land. Subdivision of this land will remove 19 acres from agricultural use. However, the property is master planned for residential in fill and located adjacent to three residential subdivisions. LOCAL SERVICES: No adverse impact on local services have been identified from this 85 housing unit condominirnn subdivision. 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: Thc effects to the natural environment which have been identified is the maintenance and protection of the stream/ditch that runs south to north through this property. This area is 3 . . identified as having the potential for high groundwater level and possible hydric soils along the stream/ditch. This impact will be mitigated by 35 foot building setback line from each side ofthe ditch channel. WILDLIFE AND WILDLIFE HABIT A T: No adverse 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. Currently, it is not unusual for east-bound traffic to be backed up eight to ten blocks on Durston and the addition of vehicles to the system will add further congestion. The signalization of Durston Road and North 19th Avenue, and improvements to Durston Road, Beall Street, and North 25th Avenue will improve this traffic situation. ORDER IT IS HEREBY ORDERED that the Preliminaty Subdivision Plat of Willowbrook Condominium 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. The single development identification sign must comply with the Zoning Ordinance, in that a) it must be designed as a "low profile" sign; b) cannot be higher than five feet; and, c) cannot exceed 12 square feet in sign area. A detail of the sign must be included on the Final Plat. 2. The landscaping plan must be prepared and certified by either a registered Montana Landscape Architect; an individual with a degree in landscape design and two years of professional dcsign experience; or an individual with a degree in a related field and at least five years of professional design experience. The landscape plan must include tabulation of landscaping requirements and enhancements. The landscaping plan may be approved with phases. 3. Development phases shall bc clearly delineated on the Final Plat and a phasing schedule provided for the review and approval of the Planning Office. 4. The developer shall design and construct a City-standard street from the existing improved end of West Beall Street to connect with the existing North 25th Avenue presently traveled way (south of the future West Beall Street intersection, which currently serves Simkins and Egbert Subdivisions) through a SID, and/or RID, and/or by mutual agreement between the developer and the City of Bozeman, and/or by other means determined by the City of Bozeman. The design of the street shall occur with Phase 3 (prior to permits for Phase 4). The construction of the street shall 4 . . . . occur with Phase 4 (prior to permits for Phase 5). The developer shall be ultimately responsible for the costs of one-half of a city standard street consisting of 16.5 feet of pavement, plus curb, gutter, storm drainage appurtenances and sidewalk adjacent to this property from the existing improved end of West Beall Street to the centerline of North 25th A venue. The cost of design and construction shall be included in the SID and/or RID, if these options are selected. 5. Sidewalks on Durston Road must be installed along all of Fellows property between 25th Avenue and 23rd in conjunction with Phase 1. Sidewalks along West Beall Street and 25th Street must be installed in conjunction with construction of those streets. 6. Prior to construction of Phase 3, or 500 ft. of driveway access length from Durston Road, a graveled secondary emergency access to the existing West Beall Street must be provided. This access shall be barricaded at both ends in a manner acceptable to the Fire Department, until the permanent paved access to West Beall Street is completed. 7. Driveway access must be improved (paved) from Durston Road to West Beall Street prior to construction of dwelling units in Phases 7, 8, 9 and/or 10, or prior to construction of the 51 st dwelling unit. Driveway access for each phase must be improved (paved) prior to occupancy. 8. A 310 permit and/or any other applicable permits must be obtained prior to any impact on the stream/ditch. 9. The developer shall submit a legal instrument providing for the perpetual maintenance of the landscaping, common open space, parking lots and driving lanes, and the stream/ditch and irrigation canals. The instrument shall include a guarantee and cost assessment process. 10. Developer shall file with the Gallatin County Clerk and Recorder's Office, prior to Final Plat approval, an executed Waiver of Right to Protest the Creation of SIDs for a park maintenance district. A copy of the final documents must be submitted to the Planning Office prior to the Final Plat approval. 11. Final Plat must include the required number of parking spaces; 183 regular plus 6 accessible spaces. The 19 exterior spaces should be distributed throughout the site and screened from residential adjacency. 12. Developer must make the following paybacks prior to construction of the infrastructure; 1) Main mall sewer at $.01/SF of property to be paid to the City of Bozeman, for subsequent dispersal to the previous developer. 2) HRDC 10" water main payback at an estimated $.021/SF (final cost to be determined upon final completion of the water main installation). 3) HRDC 8-inch water main - one (1) fire hydrant payback at an estimated $O.05/sf (1/3 of original estimated $0.15/sf) on 2.47 acres. Final cost to be determined upon final completion of the water main and fire hydrants installation. 5 . . .' . . .' 13. A Stormwater Drainagerrreatment 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 prior to Final Plat approvaL 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 destination, and a storm water maintenance plan. 14. Developer shall restrict parking on one side of each interior driveway, and shall delineate a pedestrian walkway in that location, with the location and final design subject to approval of the Planning Director. 15. The dead end driveway shown in Phase 10 shall directly access onto North 25th Avenue, unless at Phase 8 the City detennines that a 28 foot wide driveway connection between the dead end driveways of Phases 8 and 10 or an emergency only access to North 25th Avenue is more appropriate. 16. The developer shall design and construct a City-standard street (North 25th Avenue) from Durston Road to West Beall Street tlrrough a SID, and/or RID, and/or by mutual agreement between the developer and the City of Bozeman, and/or by other means determined by the City of Bozeman. The design of the street shall occur with Phase 3 (prior to permits for Phase 4), unless the City determines that a later phase is more appropriate. The construction of the street shall occur with Phase 4 (prior to permits for Phase 5), unless the City determines that a later phase is more appropriate. The developer shall ultimately be responsible for the costs of one-half of a city standard street consisting of 16.5 feet of pavement, plus curb, gutter, storm drainage appurtenances and sidewalk adjacent to this property from the centerline of Durston Road to the centerline of West Beall Street. The cost of design and construction shall be included in the SID and/or RID, if these options are selected. 17. The applicant shall enter into an Improvements Agreement with the City to guarantee the installation of required on-site improvements at the time of Final Plat submittal. Detailed cost estimated, construction plans and methods of security shall be made a part of that Agreement. 18. A Building Permit must be obtained prior to construction of structures, and must be obtained within one year of Final Plat approvaL Building Permits will not be issued until the Final Plat is approved. Minor site surface preparation will be allowed upon conditional approval by the City Commission but prior to Final Plat approval and issuance of a Building Permit. This shall include excavation for foundations and the preparation of forms; however, no concrete shall be poured and no further construction shall commence until Final Plat approvaL 19. If occupancy ofthe structure is to occur prior to the installation of all on-site improvements in that phase, the Improvements Agreement must be secured by a method of security equal to one and one-halftimes the amount of the estimated cost ofthe scheduled improvements not yet installed. Said 6 . . . . . .. ,. method of security shall be valid for a period of not less than 12 months; however, all on-site improvements in that phase shall be completed by the applicant within nine months of occupancy to avoid default on the method of security. 20. Within 60 days of fmal completion of all site work, the applicant's licensed architect or engineer overseeing the project shall certify to the City-County Planning Department that all improvements have been completed in accordance with the approved Final Plat. 21. In addition to the above stated conditions, any applicable City Engineer conditions as outlined in the Memo of May 25, 1994. 22. 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. 23. 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. 24. 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. Approval from the Subdivision Program of the Montana Department of Health and Environmental Sciences Water Quality Bureau must occur prior to Final Plat approval for water and sewer plans, pursuant to Section 16.16.101 through 16.16.805, ARM. The applicant shall also provide Professional Engineering services 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. 25. All infrastructure improvements for each phase including I) 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 submission of Final Plat for each phase. No building permits will be issued prior to completion and acceptance of the water and sewer improvements. 26. Ifit is the developer's intent to submit the Final Plat for a phase prior to the completion of all required infrastructure improvements for that phase, an Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all infrastructure improvements for that phase in accordance with the Preliminary Plat submittal information and conditions of approval. If the Final Plat is submitted prior to the installation of all improvements in that phase, the developer 7 . . . - . , . ." , ' shan supply the City of Bozeman with an acceptable method of security equal to 150% of the cost ofthe remaining improvements in that phase. Said method of security shan be valid for a period of not less than 18 months; however, all infrastructure improvements in that phase shall be completed by the applicant within 12 months of submission to avoid default on the method of security. 27. The developer shall have three years from the date of preliminary plat approval to complete the infrastructure improvements, subject to the provisions in Condition 16. The preliminary approval of this subdivision shan be effective for three (3) years from the date of Preliminary Plat approval, April 3, 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 17th day of April, 1995. BOZEMAN CITY COMMISSION C;JChI I" /)~ Don E. Stueck, Mayor Pro Tempore ATTEST: e~oI~ Robin L. Sullivan, Clerk of the Commission APPROVED AS TO FORM: 8