HomeMy WebLinkAbout06- West Winds Phase III- Finding of Fact and Order
BEFORE THE BOZEMAN CITY COMMISSION
GALLATIN COUNTY, MONTANA
IN THE MA TTER OF THE APPLICATION OF CASCADE
DEVELOPMENT INC., OWNERS, FOR PRELIMINARY
APPROVAL OF THE PLAT OF WEST WINDS PUD PHASE 3
SUBDIVISION
FINDINGS
OF FACT
AND ORDER
This matter came before the Bozeman City Commission on July 24,2006, for review and
decision pursuant to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-625,
Montana Codes Annotated, the Bozeman 2020 Community Plan, and Title 18 of the Bozeman
Municipal Code. The applicant/owner presented to the Commission a proposed Preliminary Plat to
subdivide ~ 12 acres into 9 single household lots, 2 multi-household lots, roads, park land and open
space, as submitted in its original form on May 16, 2006, (#P-06025). The Commission held a
public hearing on the preliminary plat and considered all relevant evidence relating to the public
health, safety, and welfare, including the recommendation of the planning board, to determine
whether the plat should be approved, conditionally approved, or disapproved.
It appeared to the Commission that all parties wishing to appear and comment were given the
opportunity to do so, and therefore, being fully advised of all matters having come before it regarding
this application, the Commission makes the following Findings of Fact, as required:
FINDINGS OF FACT
I.
On May 16,2006, the applicant / owner, Cascade Development Inc. (John Dunlap), 1627
West Main Street, #223, Bozeman, MT 59715., submitted an application for approval to subdivide
the West Winds PUD Phase 3 Subdivision, a major subdivision to develop ~ 9 single household lots,
2 multi-household lots, roads, park land and open space, on ~ 12 acres of property zoned R-3
(Residential Medium Density District). The property is legally described as a portion ofthe NW 1/4,
Section 2, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana.
II.
The comments of the Development Review Committee, along with those of Planning &
Community Development Staff, were incorporated into a Staff Report with suggested conditions of
approval, which was provided to the Bozeman Planning Board.
III.
Notice of the time and date of the public hearings was posted at the site. The notice was
mailed to all adjoining property owners by certified mail on June 16,2006. Notice of the time and
date of the public hearings was published in the Bozeman Daily Chronicle on June 18, 2006. Said
notice also served to inform interested persons that materials were available for review at the
Bozeman Planning & Community Development Department.
The Bozeman Planning Board considered the application at its regular meeting on July 5,
2006. The Planning Board found that the application was properly submitted and reviewed under the
procedures of Title 18 of the Bozeman Municipal Code. Staff reviewed the staff report and the
evidence, which justified the imposition of conditions.
The applicant made a formal presentation in favor of the requested subdivision.
The Planning Board then opened the public hearing. No members ofthe public were present
speaking in favor of or opposition to said Major Subdivision Preliminary Plat. The Board closed the
public hearing. The Board discussed third-party builders, and the concurrent construction. The
Planning Board then voted on a motion regarding the subdivision. The motion, to recommend
approval of the subdivision with the conditions as recommended by Staff, passed on a vote of 8 in
favor and 0 in opposition.
IV.
The application was considered by the Bozeman City Commission at its regular meeting on
July 24, 2006, at which time the recommendation of the Planning Board, presented in Planning
Board Resolution # P-06025, and information compiled by City staff was reviewed.
The applicant made a formal presentation in favor of the requested subdivision, and indicated
agreement with all conditions.
There was no comment from the general public.
V.
The application was considered by the Bozeman City Commission and weighed against the
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review criteria established by Statute, and found as follows:
A. Effects on agriculture, agricultural water user facilities, local services, the natural
environment, wildlife and the wildlife habitat, and public health and safety.
1. Effects on Agriculture.
The adopted Growth Policy identifies this property as Residential. The City Commission
approved the residential zoning on the property with the annexation. The zoning
designations and adopted Growth Policy do not contemplate agricultural uses for this
property. The urban density development will replace the previous agricultural uses.
2. Effects on Agricultural Water User Facilities.
The applicant must ensure that no agricultural water user facilities or neighboring agricultural
uses will be impacted by this development.
3. Effects on Local Services.
Water/Sewer: The Annexation Agreement for the property allowed a reserve capacity in the
Main Mall sewer main for 960 dwelling units in return for allowing the main to be
constructed across the undeveloped property. An extension of municipal water mains in the
area will provide water for domestic and fire protection services. An extension of municipal
sewage lines will provide for sewage collection and disposal. Final approval of the water
distribution system and sewage collection and disposal system for this subdivision proposal
will be obtained through the normal approval procedures of preliminary and final plat review
by the City Engineer's Office, Superintendent of Water/Sewer, and Montana Department of
Environmental Quality.
Streets: Access to the subdivision will be from Oak Street, Hunters Way, and Breeze Lane.
Oak Street is designated as a Major Arterial. There is a future trail corridor bisecting the
West Winds PUD from the south side to the north side along the stream corridor, and a
second future trail corridor bisecting the West Winds PUD from the east side to the west side
in alignment with the Tschache Street extension.
4. Effects on the Natural Environment.
Detention ponds will provide stormwater management. Detailed information regarding
stormwater management was addressed in the Engineering Design Report provided to the
Engineering Department for review. Applicant has entered into an agreement for a Noxious
Weed Management Plan with the Gallatin County Weed Board.
S. Effects on Wildlife and Wildlife Habitat.
Due to the agricultural history of the property and limited mature vegetation in the area, any
potential impacts to wildlife and wildlife habitat are limited to small mammals and ground
nesting birds, but also larger mammals such as deer frequent the property. No known
endangered species or critical game ranges have been identified in the area. The 50-foot
watercourse setback along the existing watercourse will protect any riparian environment
already established on the property. The 50-foot watercourse setback along the existing
watercourse will protect any riparian environment already established on the property.
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6. Effects on Public Health and Safety.
Because municipal sewer will service development in the subdivision, the threat of
groundwater degradation from onsite sewage disposal will be eliminated. There are no
known, unmitigated natural or man-made hazards on this property.
B. Compliance with the following:
1. The survey requirements provided for in Part 4 of the Montana Subdivision and
Platting Act.
The subdivision complies or will comply with survey requirements ofthe Act.
2. The local subdivision regulations provided for in Part 5 ofthe Montana Subdivision
and Platting Act.
The final plat shall comply with the standards identified and referenced in the Bozeman
Municipal Code. The applicant is advised that unmet code provisions, or code provisions
that are not specifically listed as conditions of approval, does not, in any way, create a waiver
or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
The following requirements are standards of the Bozeman Municipal Code and shall be
addressed on the final plat:
a. Section 18.42.180 requires 10% of the net buildable area to be devoted towards
Restricted Size Lots. The Final Plat shall indicate which lots are reserved to meet the
RSL requirement.
b. Section 18.16.050 requires the yard setbacks adjacent to Oak Street to be 25-feet, and this
shall be noted in the covenants and restrictions for the homeowners' association.
c. Pursuant to Section 18.44.090.C, a one (1) foot wide "No Access" strip for all lots
fronting onto Oak Street shall be noted on the final subdivision plat.
d. Pursuant to Section 18.42.150, subdivision lighting consisting of street lighting and
pathway intersection lighting shall be provided. Bollard lights need to be placed where
the trail from the park and the walkway between Lots 1 and 2 intersect Hunters Way.
e. Per Section 18.50.090, executed waivers of right to protest creation of special
improvement districts (SIDs) for a park maintenance district shall be filed and of record
with the Gallatin County Clerk and Recorder prior to final plat approval. A copy of the
filed docun1ents shall be submitted with the final plan.
f. Covenants, restrictions, and articles of incorporation for the creation of a homeowners'
association shall be submitted with the final plat application for review and approval by
the Planning Office and shall contain, but not be limited to, provisions for assessment,
maintenance, repair and upkeep of common open space areas, public parkland/open
space corridors, stormwater facilities, public pathway/trails, snow removal, and other
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areas common to the association pursuant to Chapter 18.72 ofthe Bozeman Municipal
Code.
g. Prior to final plan approval, a common area and facility maintenance plan and guarantee
shall be provided for the permanent care and maintenance of open spaces, recreational
areas, stormwater facilities and parking lots in accordance with Chapter 18.72 of the
Bozeman Municipal Code. The same shall be submitted to the city attorney and shall not
be accepted by the city until approved as to legal form and effect. A draft of these
documents must be submitted for review and approval by the Planning Department at
least 30 days prior to filing and recordation with the Gallatin County Clerk and Recorder.
h. If approved for Concurrent Construction, the applicant shall submit a Concurrent
Construction Plan that addresses all aspects of 18.74.030.D to the Planning Department
for DRC review and Planning Department approval.
1. Section 18. 78.070.D requires a Final Park Plan to be approved by the City Commission,
with a recommendation from the Bozeman Recreation and Parks Advisory Board, prior
to Final Plat approval. Four bound copies ofthe plan shall be submitted to the Planning
Office for review prior to installation of any improvements or prior to Final Plat
submission, whichever comes first. The Park Plan shall address all of the criteria
outlined in Section 18.78.060.P.
J. The Final Plat shall conform to all requirements of Title 18 of the Bozeman Municipal
Code and the Uniform Standards for Final Subdivision Plats and shall be accompanied by
all required documents, including certification from the City Engineer that as-built
drawings for public improvements were received, a platting certificate, and all required
and corrected certificates. The Final Plat application shall include four (4) signed
reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent); two
(2) digital copies on a double-sided, high density 3-1/2" floppy disk; and five (5) paper
prints.
k. Pursuant to Section 18.06.040.D.6, conditional approval of the Preliminary Plat shall be
in force for not more than one calendar year for minor subdivisions, two years for single-
phased major subdivisions and three years for multi-phased major subdivisions. Prior to
that expiration date, the applicant may submit a letter of request for the extension of the
period to the Planning Director for the City Commission's consideration. The City
Commission may, at the written request of the applicant, extend its approval for no more
than one calendar year, except that the City Commission may extend its approval for a
period of more than one year if that approval period is included as a specific condition of
a written subdivision improvements agreement between the City Commission and the
applicant, provided for in 918.74.060, BMC.
I. If it is the applicant's intent to file the plat prior to installation, certification, and
acceptance of all required improvements by the City of Bozeman, an Improvements
Agreement shall be entered into with the City of Bozeman guaranteeing the completion
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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 applicant shall supply the City of Bozeman with an acceptable method
of security equal to 150% of the cost of the remaining improvements.
m. The applicant shall submit with the application for Final Plat review and approval, a
written narrative stating how each of the conditions of preliminary plat approval has been
satisfactorily addressed.
3. The local subdivision review procedure provided for in Part 6 of the Montana
Subdivision and Platting Act.
The hearings before the Planning Board and the City Commission have been properly
noticed, as required in Title 18 ofthe Bozeman Municipal Code. The notice was mailed to
all adjoining property owners by certified mail on June 16, 2006. The proposed project was
noticed in the Bozeman Daily Chronicle on June 18, 2006.
C. The provision of easements for the location and installation of any planned utilities.
All utilities and necessary utility easements will be provided and depicted on the final plat.
D. The provision of legal and physical access to each parcel within the subdivision and the
required notation of that access on the applicable plat and any instrument of transfer
concerning the parcel.
All lots within the subdivision will have direct access to the dedicated public streets.
ORDER
After considering all matters of record presented at the public hearing, the City Commission
found that the proposed subdivision would comply with the Bozeman 2020 Community Plan and the
requirements of the Montana Subdivision and Platting Act, and Title 18 ofthe Bozeman Municipal
Code, if certain conditions were imposed. The evidence, as stated or referenced in the Findings of
Fact, justifies the imposition of the conditions ordered herein to ensure that the final plat complies
with all applicable regulations and all required criteria.
THEREFORE, IT IS HEREBY ORDERED that the Preliminary Subdivision Plat of the West
Winds PUD Phase 3 Subdivision, for Cascade Development Inc., be approved subject to the
following conditions:
1. Phase 3 of the West Winds Subdivision shall comply with the approved Master Plan and
Development Guidelines for the Planned Unit Development.
2. Hunters Way (from Baxter Lane to Oak Street) shall include a Signed Bike Route since this will
be an extension of an existing Signed Bike Route on Hunters Way
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3. Per Section 18.42.040, a right-of-way for a pedestrian walk, not less than 10 feet wide, shall be
required in Block 2 extending from Hunters Way to Windward Avenue. Unless the pedestrian
right-of-way is a minimum of 30 feet wide, the setback adjacent to it shall be a minimum of 15
feet.
4. Lots 1 and/or 2, Block 2, may be designated for the construction of an affordable housing
complex of multi-family units of the restricted dwelling unit size (909 square feet) in accordance
with Section 18.42.180.C.5 of the Bozeman Municipal Code.
5. Trails from the linear park trail shall be constructed to extend to Hunters Way at mid-block and
at Oak Street.
6. Water rights, or cash-in-lieu thereof, as calculated by the Director of Public Service, is due with
the final plat.
7. The park shall be titled "Public Park". The open space shall be titled "Open Space, Public
Access". Notes shall be included on the plat describing ownership and maintenance
responsibility for both the park and open space, e.g.: public park, dedicated to the city and
maintained by the homeowners association; and open space, public access, owned by the
landowners, maintained by the homeowners association, etc.
8. Subdivision lighting SILD information shall be submitted to the Clerk of Commission directly
after Preliminary Plat approval in hard copy and digital form. The final plat will not be deemed
complete until the resolution to create the SILD has been approved by the City Commission.
9. Buildings proposed for construction with crawl spaces or basements shall include Engineer
Certification regarding depth of ground water and soil conditions and proposed mitigation
methods to be submitted with each Building Permit. The Final Plat shall include a notation that
due to high ground water conditions full or partial basements are not recommended.
10. Applicant shall provide a soils report, along with building plans, to the Building Division,
recommending types of foundations. If development shall occur in phases, the soils report may
address those lots within the proposed phase.
11. The final plat shall comply with the standards identified and referenced in Title 18 of the
Bozeman Municipal Code e. The applicant is advised that unmet code provisions, or code
provisions that are not specifically listed as conditions of approval, does not, in any way, create a
waiver or other relaxation of the lawful requirements ofthe Bozeman Municipal Code or state
law.
12. Under the Concurrent Construction Plan, the applicant shall agree that there shall be no third-
party builders until all infrastructure is installed and accepted by the COB.
13. Storm Water Master Plan:
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A Stormwater Master Plan for this phase of the subdivision for a system designed to remove
solids, silt, oils, grease, and other pollutants from the runoff from the private and public streets
and all lots must be provided to and approved by the City Engineer.
The master plan must depict the maximum sized retention/detention basin location, 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 sites, drainage ways, and lot finished grades), typical
stormwater retention/detention basin and discharge structure details, basin sizing calculations,
and a stormwatcr maintenance plan.
Any storm water ponds located within park or open space shall be designed and constructed so as
to be conducive to the normal use and maintenance of the park or open space. Stormwaterponds
for runoff generated by the subdivision shall not be located in easements on privately owned lots.
While the runoff from the individual lots will be dependent on the intensity of use on each
lot, the maximum sizing of the storm retention facilities for each lot will be established based
on maximum site development. Final facility sizing may be reviewed and reduced during
design review of the FSP for each lot.
14. Stormwater generated by the proposed subdivision shall not be discharged to an irrigation
facility.
15. The location of and distinction between existing and proposed sewer and water mains and all
easements shall be clearly and accurately depicted on the plans and specs, as well as all nearby
fire hydrants and proposed fire hydrants.
16. Any easements needed for the water and sewer main extensions shall be a minimum 000 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. All necessary easements shall be provided prior to final
plat approval and shall be shown on the plat. Wherever water and/or sewer mains are not located
under or accessed from improved streets, a 12 foot wide all weather access drive shall be
constructed above the utilities to provide necessary access.
17. Plans and Specifications and a detailed design report for water and sewer main extensions,
prepared and signed by a Professional Engineer (PE) registered 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 Environmental Quality. 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.
No building permits shall be issued prior to City acceptance ofthe required infrastructure
improvements unless approved for concurrent construction.
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18. Any street rights of way which are within the boundaries of this subdivision and for which
easements were provided with the XL Limited Partnership Annexation Agreement shall be
dedicated to the City on the Final Plat for this subdivision.
19. A detailed Traffic Study Report for the entire West Winds Development has been provided to
and reviewed by the City Engineer's office. A traffic impact analysis update will be necessary
with the next phase.
20. Street names must be approved by the City Engineer and county road office.
21. City standard curb, gutter and sidewalk shall be provided along all streets in the subdivision. 6
foot wide sidewalk will be required in the standard location on the development's side of West
Oak Street. Per Section 18.44.080 of the Bozeman Municipal Code, sidewalks will be installed
prior to occupancy of any individual lots.
22. A schematic signage plan for the subdivision, noting any proposed traffic calming measures,
shall be provided with the design report for review and approval by the City Engineer.
23. All typical street sections, including sidewalk location within the right -of-way and provisions for
bicyclists shall be in conformance with the street standards recommended in the Greater
Bozeman Area Transportation Plan, 2001 Update, unless otherwise approved by the City
Commission, or by the City Engineer through the plan and specification review and approval
process.
24. Parking will not be allowed on West Oak Street.
25. Plans and Specifications and a detailed design report for streets and storm drainage facilities,
prepared and signed by a Professional Engineer (PE) registered in the State of Montana shall be
provided to and approved by the City Engineer. 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.
No building permits shall be issued prior to City acceptance ofthe required infrastructure
improvements unless approved for concurrent construction.
26. Project phasing shall be clearly defined on the infrastructure plans and specifications including
installation of infrastructure.
27. Any public street rights of way for which easements have been provided (i.e. Oak Street) shall be
dedicated to the City on the Final Plat for this subdivision.
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28. Provide a temporary turn-around with an all-weather surface at the west end of Breeze Lane at
Windward Avenue. Provide an easement for the temporary turn-around on the Final Plat.
29. If approved for concurrent construction, detailed review and approval of the concurrent
construction plans will be part of the infrastructure plan and specification review process.
Building permits may not be issued until the plans are approved.
30. A 1 foot no access easement shall be shown on the final plat along the entire frontage of West
Oak Street.
31. The location of mailboxes shall be coordinated with the City Engineering Department prior to
their installation.
32. The applicant shall make arrangements with the City Engineer's office to provide addresses for
all individual lots in the subdivision prior to filing ofthe Final Plat.
33. The Montana Department of Fish, Wildlife and Parks, SCS, Montana Department of
Environmental Quality and Army Corps of Engineer's shall be contacted regarding the proposed
project and any required permits (i.e., 310,404, Turbidity exemption, etc.) shall be obtained prior
to plan and specification approval.
34. If construction activities related to the project result in the disturbance of more than 1 acre of
natural ground, an erosion/sediment control plan may be required. The Montana Department of
Environmental Quality may need to be contacted by the Applicant to determine if a Stormwater
Discharge Permit is necessary. If a permit is required by the State, the Developer shall
demonstrate to the City full permit compliance.
35. The applicant shall submit a construction route map dictating how materials and heavy
equipment will travel to and from the site in accordance with Section 18.74.020.A.l of the
Bozeman Municipal Code. This shall be submitted as part of the final site plan for site
developments, or with the infrastructure plans for subdivisions. It shall be the responsibility of
the applicant to ensure that the construction traffic follows the approved routes.
36. All construction activities shall comply with Section 18. 74.020.A.2. of the Bozeman Municipal
Code. This shall include routine cleaning/sweeping of material that is dragged to adjacent
streets. The City may require a guarantee as allowed for under this section at any time during the
construction to ensure any damages or cleaning that are required are complete. The developer
shall be responsible to reimburse the City for all costs associated with the work if it becomes
necessary for the City to correct any problems that are identified.
This City Commission order may be appealed by bringing an action in the Eighteenth District
Court of Gallatin County, within 30 days after the adoption of these Findings by the City
Commission, by following the procedures of Section 76-3-625, M.C.A. Pursuant to Section
18.06.040.D.6 of the Bozeman Municipal Code, conditional approval of the Preliminary Plat shall be
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in force for not more than one calendar year for minor subdivisions, two years for single-phased
major subdivisions and three years for multi-phased major subdivisions effective from the date of
adoption ofthese Findings by the City Commission. At the end ofthis period the City Commission
may, at the written request ofthe subdivider, extend its approval as provided for in Title 18 ofthe
Bozeman Municipal Code.
DATED this
?'r-
day of
~)v)-T
,2006.
BOZEMAN CITY COMMISSION
BY~ K LL..~
J r , ayor
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Brit Fontenot
Clerk of the Commissio
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