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HomeMy WebLinkAbout95- Bridger Creek Subdivision, Phase 1 . , . -i . - BEFORE THE BOZEMAN CITY COMMISSION IN THE MATTER OF THE APPLICATION OF GOLF FINDINGS OF FACT COURSE PARTNERS, INC., FOR PRELIMINARY AND ORDER PLAT REVIEW OF THE AMENDED PLAT OF LOT 41 & LOT 42, BRIDGER CREEK SUBDIVISION, PHASE I, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA 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 and public meeting were scheduled, after notice given, before the Bozeman City-County Planning Board on May 2,1995, and before the Bozeman City Commission on May 15, 1995, on the above- entitled application. The purpose of the public hearing and public meeting was to review the preliminary subdivision plat application for a major residential subdivision to subdivide 5.34 acres into eight (8) single family residential lots and twenty-two (22) townhouse lots, as submitted by the applicant, together with the required supplementary plans and information, to determine if the infonnation submitted meets the requirements of the Bozeman Area Subdivision Regulations and the Montana Subdivision and Platting Act. In addition, both bodies listened to public testimony concerning the applications, and considered written comment. 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 these applications, makes the following Findings of Fact, as required: FINDINGS OF FACT 1. The application for the preliminary subdivision plat of the amended plat of Lot 41 and Lot 42, Bridger Creek Subdivision, Phase I, was submitted to the Bozeman City-County Planning Office on March 24, 1995. The preliminary subdivision plat, as proposed, will divide 5.34 acres into eight (8) single family residential lots on Lot 41 and twenty-two (22) townhouse lots on Lot 42. No dedicated park land is proposed with this application. II. Notice of the public hearing before the Bozeman City-County Planning Board and public meeting before the Bozeman City Commission was published in the Bozeman Daily Chronicle on I . '. -i . . . Apri119, 1995, and the notice was mailed by Certified mail, return receipt requested, to all adjoining property owners. - III. The preliminary subdivision plat was heard before the Bozeman City-County Planning Board on May 2, 1995. No members of the public present testified either for or against the application. No written testimony from the general public was received on the application. IV. The Planning Board reviewed the subdivision per the procedures of Section 16.08 of the Bozeman Area Subdivision Regulations and found that the preliminary plat was in accordance with the Bozeman Area Master Plan and Bozeman Area Subdivision Regulations. The Planning Board also reviewed and considered the primary review criteria established in Title 73-3-608, M.C.A., 1993. V. The Planning Board found that with conditions, the subdivision would comply with the primary review criteria, and forwarded a recommendation of conditional approval to the Bozeman City Commission in Resolution No. P-9520. VI. The matter was scheduled to be considered by the Bozeman City Commission at a public meeting on May 15, 1995. The Planning Staff reviewed the project at the time and forwarded the Planning Board's recommendation to the City Commission. Mr. Keith Belden, Morrison-Maierle, Inc., spoke on behalf of the applicant. No written testimony from the general public was received by the City Commission. VII. The City Commission considered the minutes, public record and recommendation of the Planning Board, the developer's testimony, and weighed the proposed subdivision against the primary criteria for subdivisions established in Title 76-3-608, and found as follows: EFFECTS ON AGRICULTURE: The proposed subdivision was reviewed and approved by the City Commission in 1992 as part of Bridger Creek Subdivision, Phase I, which recognized at that time the impact of development on land recognized in the Master Plan as good producing agricultural land. EFFECTS ON LOCAL SERVICES: With City Commission approval of Bridger Creek Subdivision, Phase I, the developer has 2 . ", . .; , already extended municipal infrastructure to the limits ofthe proposed subdivision. Therefore adequate water and sanitary sewer capacity is available. The City of Bozeman already provides police and fire protection to the property. EFFECTS ON NATURAL ENVIRONMENT: No impacts to the limited natural environment in the area has been identified with the proposed residential subdivision. EFFECTS ON WILDLIFE AND WILDLIFE HABITAT: The proposed subdivision would have little or no direct impact on the area's wildlife or wildlife habitat. EFFECTS ON PUBLIC HEALTH AND SAFETY: A one (1) foot wide "No Access" strip is required along Story Mill Road and Boylan Road, and interior streets of the proposed subdivision must be completed prior to Final Plat approval, as well as, improvements to Story Mill Road. Mr. Sam Gianfrancisco, County Road Superintendent, recommended that the proposed local subdivision streets should be dead end cul-de-sac roads instead of providing a looped access directly onto Story Mill Road. The Final Plat must indicate utility easements, a minimrun of twenty (20) feet wide, and situated on side and rear lot lines, per Bozeman Area Subdivision Regulations, unless all utility agencies agree in writing that utilities (Le., power, gas, telephone, television) will be installed in a location along the front of the proposed subdivision lots. Bozeman School District No. 7 notes that approximately one-third of the residential dwellings will be occupied by families with school age children and emphasizes the concern of overcrowding of all grade levels within the school system based on anticipated growth and expected enrollment in the year 2000. However, the impact to schools should not be used as a reason to deny a proposed residential subdivision. As this proposed subdivision is already part of Bridger Creek Subdivision, Phase I, no additional park land dedication is required VIII. IT IS HEREBY ORDERED that the preliminary plat to divide 5.34 acres into eight (8) single family residential lots and twenty-two (22) townhouse lots, to be known as the amended plat of Lot 41 and Lot 42, Bridger Creek Subdivision, Phase I, has been found to meet the primary criteria of the Montana Subdivision and Platting Act, and is therefore approved, subject to the conditions listed below: 1. That the Final Subdivision Plat conform to the Uniform Standards for 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 fmal plat, on a double sided, high-density 3 1/2" floppy disk; 2. That the title ofthe Final Plat and all references to the plat be revised to read: "The Amended Plat of Lot 41 & 42, Bridger Creek Subdivision, Phase I", for review and approval by the Planning Office prior to Final Plat approval, and that the lot numbers on the vicinity map of the Final Plat be reversed to reflect the correct lot identification number; 3 - . , .; . - 3. That the applicant obtain written approval from the Montana Department of Health and Environmental Sciences for water and sewer main extensions prior to Final Plat approval; 4. That a Storm Water Drainage/Treatment and Maintenance Plan for a system designed to remove solids, silt, oils, grease, and other pollutants from the public streets and a Side Grading Plan must be provided to and approved by the City Engineer prior to Final Plat approval. The plan must demonstrate adequate site drainage, including existing contours, sufficient spot elevations along drainage courses and building lots, flow directional arrows, stormwater detentionJretention basin details including basin sizing, discharge calculations and discharge structure details, stormwater discharge destinations and a stormwater maintenance plan. Any storm water routed to adjacent properties will require properly executed easements; 5. All infrastructure improvements including 1) water and sewer main extensions, and 2) public streets, curb and gutter, ADA ramps, sidewalks fronting parks, open space, or other non-lot frontages and related storm drainage infrastructure improvements shall be fmancially guaranteed or constructed prior to Final Plat approval. No building permits will be issued prior to acceptance of subdivision infrastructure improvements; 6. Plans and specifications for the water and sewer main extensions, public storm sewer, and the public streets (including curb, gutter & sidewalks) prepared by a Professional Engineer registered in the state of Montana shall be provided to and approved by the City Engineer prior Final Plat approval. 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; 7. The location of existing and proposed sewer and water mains, sanitary sewer manholes, and sewer and water service lines, as well as nearby fire hydrants, must be properly located and depicted on the Final Plat, and reviewed and approved by the Superintendent of Water/Sewer and City Engineer's Office prior to submittal of Final Plat application to the Planning Office. Connections to water and sewer mains in Boylan Road cannot be made until mains have been finally accepted by the City of Bozeman and must be made prior to paving of Boylan Road; 8. The water main extension located in Caddie Court must be looped on through and connected to the water main in Story Mill Road. All water and sewer main and storm sewer mains shall be located within an improved and accessible public right-of-way or easement. ~ere necessary, easements for any water, sewer or storm sewer not located within the public right-of-way shall be a minimum of thirty (30) feet in width, with the utility located in the center of the easement. In no case shall the utility be less than ten (10) feet from the edge of the easement and all existing utility and other casements must be shown on the Final Plat; 9. City standard residential sidewalks shall be constructed on all public streets frontage on Caddie Court, Putter Court and the north side of Boylan Road prior to occupancy of any residential dwelling constructed on the property. Sidewalks shall be installed and properly depicted at the standard location along the street frontages. Any deviation must be approved City Engineer. Upon the third anniversary of the Final Plat recordation, any lot owner who has not constructed said sidewalk for their lot(s), regardless of whether other improvements have been made on the lot. This condition shall be provided on the Final Plat and in the covenants for review and approval by the Planning Office prior to Final Plat approval; 10. Drive approach and public street intersection sight triangles shall be free of plantings which at mature growth will obscure vision within the sight triangle. A boulevard planting detail shall be provided and must comply with the Engineering Department standards. No plantings shall be allowed in the typical sidewalk location; 11. The Final Plat shall contain a notation which prolnbits direct access onto Story Mill Road and Boylan Road, in addition to delineating the one (1) foot wide "No Access" strip on the Final Plat; 12. Road name signs and stop signs will be required to be installed by the applicant at the 4 - --- -----------------. --- --------------- .' -Jo .. ~ .r intersection of Caddie Court and Putter Court with Boylan Road; 13. That the applicant submit a Geotechnical report to the City Engineer with the improvement documents including an analysis of existing and future public right-of-way soil conditions, special grading recommendations, groundwater depth and a street section design for all public streets; 14. Utility easements, a mininuun of twenty (20) feet wide, situated on side and rear property lines, shall be depicted on the Final Plat, unless all utility agencies and the Director of Public Service agree in writing that utilities can be installed in the twelve (12) foot wide utility easement along the front of the residential lots and that utility easements along the rear and side property lines are not necessary with this subdivision for review and approval by the Planning Office prior to Final Plat approval; 15. That a ten (10) foot wide landscape casement along the east edge of Lot 42 be depicted on the Final Plat, that a uniform fence be installed along the east property line prior the installation of improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to one hundred fifty (15) percent of the cost of the remaining improvements. The Developer shall have three (3) years from the date of this approva~ to complete the above conditions and apply for final subdivision plat approval, unless an extension is granted and approved. DATE OF APPROVAL: November 6 , 1995. BOZEMAN CITY COMMISSION ~~ ~ - ~ My: John Vent, Mayor ATTEST: APPROVED AS TO FORM: (lu-kJ ~ Robin Sullivan, Clerk of the Commission 5