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HomeMy WebLinkAbout06- Leclair Minor Subdivision BEFORE THE BOZEMAN CITY COMMISSION GALLATIN COUNTY, MONTANA IN THE MATTER OF THE APPLICATION OF KEN LECLAIR, REPRESENTED BY ROCKY MOUNTAIN ENGINEERS, FOR PRELIMINARY APPROVAL OF THE LECLAIR MINOR SUBDIVISION. FINDINGS OF FACT AND ORDER This matter came before the Bozeman City Commission on March 6, 2006, and was opened and continued until May 5, 2006, for review and decision pursuant to the Montana SubdiVision and Platting Act, Section 76-3-101 through 76-3-625, Montana Codes Annotated, and the City of Bozeman Growth Policy and City of Bozeman Unified Development Ordinance. The applicant presented to the Commission a proposed Preliminary Subdivision Plat for a 5-lot Second or Subsequent Minor Subdivision from a Tract of Record, as submitted in its original form on December 22,2005, #P-05078. 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 Bozeman 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 1. On December 22, 2005, Ken LeClair of Highwood Estates, Inc., represented by Rocky Mountain Engineers, submitted an application for approval to create a Second or Subsequent Minor Subdivision from a Tract of Record for 1.646 acres. The subject properties are legally described as Lots lA through 4A, Block 2A, LeClair's Rearrangement of Grafs 1 ~t Subdivision, 10 the E %. of the SE % of Section 18, T2S, R6E, PMM, City of Bozeman, Gallatin County, Montana. The subject property is zoned "R-l" (Residential Single-Household, Low Density District). 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 City of Bozeman Planning Board. III. Public notice was provided via publication of a legal notice in the newspaper, posting the subject property, certified mailing of notices to adjacent property owners, and first class mailing of notices to other property owners within 200 feet of the subject property. The City of Bozeman Plam1ing Board held a public hearing on February 22, 2006. The Planning Board found that the application was properly submitted and reviewed under the procedures of the City of Bozeman Unified Development Ordinance. Staff reviewed the staff report and the evidence which justified the imposition of conditions. The Plalliling Board then opened the public hearing for public comment and one member of the public spoke expressing concern regarding the connection of Kenyon Drive, the proposed density of the proJect, and the noise from the existing telecommunications equipment located at the City water tank. The City of Bozeman Planning Board then moved to recommend conditional approval of the subdivision with conditions as recommended by Staff and passed on a vote of 7 ~O. -2- -f:- of~t\:~n":~t"iil,tl:~!i.': ',,; ,,' ",~~:l"'",'~"'~~'\"'::/\i;R'\):8' ,'\.'j ,,'~\~~\\ "~~~' ""'!,'~,'f\','\'\'~'~"\:,:~~~~'{~~':V'\ IV. The application was considered by the Bozeman City Commission at its regular meeting on March 6, 2006 and was conttnued to May 5,2006, at which time the recommendation of the Plalliling Board and information compiled by City staff was reviewed. V. A. Primary Review Criteria 1. Effects on Agriculture The property has been master planned for Residential development. The property has been platted for many years and does not support agncultural uses. 2. Effects on Agricultural Water User Facilities No effects on agricultural water user facilities were identified. 3. Effects on Local Services Water/Sewer. There are existing water and sewer malnS in Kenyon Dr, but main extensions will be required to service the new lots. Per code, the water and sewer improvements must be installed or finanCially guaranteed prior to final plat approval, and must be mstalled prior to issuance of building permits. The applicant must submit plans, specifications and a detailed design report for the water and sewer main extenSIons to the City Engineer and the Montana Department of Environmental Quality for review and approval. A City-approved all weather access road will be required to access the new manhole to be installed northeast of the subject property. Because of the elevation of the subdivision, there may be inadequate water pressure to serve the individual lots and service pumps may be needed. Easements will be required for all locations where sewer mains cross parkland or private property. The City needs to acquire water rights to keep up with the growing demand for municipal water service. Therefore, water rights or cash~in~lieu thereof must be obtained with this development unless already paid. Police/Fire. The property is well within the City's Police and Fire emergency response area. The subdivider must obtain an address for the new lot from the City Engineering Division prior to filing of the final plat to facilitate fire and police response to the site. The proposed temporary turnaround must be acceptable to the Fire Department. -4- Streets. Kenyon Dr is proposed to be extended to the north as a standard City street, with curb, gutter and sidewalk, within a 60-foot right~of-way. The proper easements for the temporary turnaround, proposed for placement on property owned by Bozeman Deaconess Health Services, must be provided. The applicant must submit plans, specifications and a detailed design report for public streets to the City Engineer and the Montana Department of Environmental Quality for review and approval. The street improvements must be installed or financially guaranteed prior to final plat approval, and must be installed prior to issuance of building pennits. However, sidewalks must be installed prior to occupancy of any structure on the property, or by 30 days after the thIrd amuversary of the recordation of the final plat if construction has not yet occurred. To minimize wear and tear on existing City streets, and to reduce traffic conflicts, the apphcant will need to provide a construction route map and make provisions for the routine cleaning/sweeping of adjacent streets in compliance with the Unified Development Ordinance. Finally, signage and striping will be required to restrict parking in front of the existing drive access to the water tank. No parking signs must be installed at the terminus of the street. The location where the existing trail crosses Kenyon Dr must be dehneated with signage and/or markings acceptable to the Street Department. Stormwatet. The standard requirement for a detailed review of the final grading and drainage plan, and approval by the City Engineer, will be required as part of the infrastructure plan and specification review process. The prelimtnary plat shows the proposed stormwater pond on Lot 1. The pond must instead be located on a separate lot to be owned and maintained by the homeowners association. ~. There is no parkland dedication requirement for ffilnor subdivisions. The extension of Kenyon Dr will cross an existing City linear park and trail. The preliminary plat shows part of the temporary turnaround and the required all-weather access road on the City park. Staff is recommending that both of the improvements be relocated so they are not on the existing linear park. Disturbance to the existing trail, cause by installation of streets and infrastructure, shall be restored in compliance with the City's trail specifications upon completion of these improvements. Pursuant to 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 documents shall be submitted with the final plat. Finally, it appears that the existing linear trail encroaches on the north end of the subject property. The Parks Department and the Gallatin Valley Land Trust will work together to relocate the existing trail off of proposed Lot 1. -5- Utilities. There are existing power, cable and phone utilities 10 the vicintty. The preliminary plat shows a 1 O-foot utility easement along the rear of the lots. The final plat will also need to show 10-foot wide front yard utility easements unless written confirmation 15 provided from ALL utility companies providing service indicating that front yard easements are not needed. 4. Effects on the Natural Environment A Memorandum of Understanding must be entered into with the County Weed Board prior to submittal of the final plat. 5. Effects on Wildlife and Wildlife Habitat There should be no impact on wildlife and wildlife habitat. 'The property has been platted, and surrounded by developed land, for many years. 6. Effects on Public Health and Safety The intent of the regulations in the Unified Development Ordinance is to protect the public health, safety and general welfare. The subdivision has been reviewed and determined to be in general compliance with the tide. Any other conditions deemed necessary to ensure compliance have been noted throughout this staff report. B. Compliance with the survey requirements provided for in Part 4 of the Montana Subdivision and Platting Act. The property in question has been surveyed and platted ill conformance with the Montana Subdivision and Plattlng Act and filed as a preliminary plat in accordance with the state statute and the Bozeman Municipal Code. C. Compliance with the Bozeman Unified Development Ordinance. The following requirements are standards of the Unified Development Ordinance and shall be addressed with the final plat submittal: 1. Section 18.42.060.B.2 requires that 1 O-foot wide front yard utility easements be provlded unless written confirmation IS provided from ALL utility companies providing service indicating that front yard easements are not needed. 2. According to Section 18042.080.D, stormwater ponds shall not be located on private lots. The final plat shall show a common open space lot, to be used for stormwater detention, to be owned and maintained by the property owner's association instead of a storm drainage easement. 3. Pursuant to 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 documents shall be submitted with the final plat. -6- 4. In accordance with Section 18.78.070, a Memorandum of Understanding shall be entered into with the Weed Control District prior to submitting the final plat. A copy of the MOU shall be submitted with the final plat application. 5. The developer shall make arrangements with the City Engineer's office to provide addresses for all individual lots in the subdivision prior to filing of the final plat. 6. Pursuant to Section 18042.120, the location of mailboxes shall be coordinated With the City Engineering Department prior to their installation. 7. Pursuant to Section 18042.080, a detailed review of the final grading and drainage plan and approval by the Clty Engineer will be required as part of the infrastructure plan and specification review process. 8. The new street shall be constructed to follow the City of Bozeman Local Street Standards in accordance with Chapter 18044. 9. Plans and specifications for any water, sewer and/or storm sewer main extensions, and Public or Pnvate Streets (including curb, gutter & sidewalks) prepared by a Professional Engineer (PE) 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 lOspection, 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 pubhc infrastructure improvements until the plans and specifications have been approved and a pre- construction conference has been conducted. No building permits will be issued prior to City acceptance of the infrastructure improvements. 10. 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.1. lbis shall be submitted as part of the final site plan for site devdopments, 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. 11. All construction activities shall comply with Section 18.74.020.A.2. 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. 12. A final copy of the covenants, restrictions, and articles of incorporation for the creation of a homeowners' association, or inclusion of these new lots in an existing homeowners' association, shall be submitted with the preliminary plat application for review and approval by the Plalliling Department 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 trails, snow -7- removal, lighting and other areas common to the association pursuant to Chapter 18.72 of the Bozeman Unified Development Ordinance. 13. In accordance with Section 18.78.070, the final plat shall conform to all requirements of the Bozeman Unified Development Ordinance and the Uniform Standards for Final Subdivision Plats and shall be accompanied by all reqmred documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and correct 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. 14. Pursuant to Section 18.06.040.0.6, conditional approval of the preliminary plat shall be in force for not more than one calendar year. Prior to that expiration date, the developer 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 developer, 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 developer, provided for in ~18.74.060, BMC. 15. Pursuant to Section 18.74.030.B, if it is the developer's intent to file the plat prior to installation, certification, and acceptance of all reqmred improvements by the City of Bozeman, an Improvements Agreement shall be entered into W1th the City of Bozeman guaranteeing the completion of all improvements 10 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 equal to 150 percent of the cost of the remaining improvements. 16. Pursuant to Section 18.06.060, 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, and specifically (tab, page, paragraph, etc.) where this information can be found. D. Compliance with the required subdivision review process. A subdivision preapplication was submitted on October 14, 2005. The preapplication was reviewed by the DRC on November 2,9 and 16,2005, and the final preapplication letter was mailed on November 18, 2005. The applicant had until November 18, 2006 to submit a preliminary plat application. -8- A preliminary plat apphcation was submitted on December 22, 2005 and the required completeness letter was sent on December 29, 2005. The preliminary plat was reviewed by the DRC on January 4,11 and 18,2006, and the required adequacy letter was mailed on January 18, 2006. On the third and final week ofDRC review, a favorable recommendation was forwarded for consideration by the Planning Board and City Commission. Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday, February 5 and 12,2006. The site was posted with a pubhc notice on February 3, 2006. Finally, notice was sent to adjacent property owners VIa certified mail, and to property owners of record within 200 feet of the subject property via first class mail, on February 3, 2006. On February 14, 2006 the subdivision staff report was drafted and forwarded Wlth a recommendation of conditional approval to the Planning Board for consideration at its February 22, 2006 public hearing. The City Commission will make a final decision at an March 6, 2006 public hearing. Final decision for a Second or Subsequent Minor Subdivision from a Tract of Record Prehminary Plat must be made within 60 working days of the date it was deemed complete or in this case by March 15, 2006. If the application is approved on March 6, 2006 then it will have taken 53 working days. E. Provision of easements for the location and installation of any planned utilities. There are existing power, cable and phone utilities in the vicinity. The preliminary plat shows a 1 O-foot utility easement along the rear of the lots. The final plat will also need to show 1 O~foot wide front yard utility easements unless written confirmation is provided from ALL utility companies providing service indicating that front yard easements are not needed. F. Provision of legal and physical access to each parcel The proposed lots will gain access from Kenyon Dr which is a public street. All of the lots have adequate width to meet the City's frontage requirements. ORDER After considering all matters of record presented at the public hearing, the Bozeman City Commission found that the proposed subdivision would comply with the City of Bozeman Growth Policy, and the requirements of the City of Bozeman Unified Development Ordinance and the Montana Subdivision and Platting Act, if certain conditions were imposed. The evidence, as stated or referenced .9. 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 LeClair Minor Subdivision for the property owners Highwood Estates, be approved, subject to the following conditions: Conditions of Approval: 1. The applicant shall provide a soils report for the Building Division, recommendmg types of foundations, with the final plat. 2. If the temporary cul-de-sac is installed, an easement for placement of a temporary cul-de-sac on the property to the north (Bozeman Deaconess Health Services) shall be executed prior to submittal of the final plat. The easement document and exhibit shall be submitted to the Engineering and Fire Departments for their review and approval prior to filing at the Clerk and Recorders Office. 3. If the temporary cul-de-sac is installed, it shall be relocated so that it does not encroach on the hnear park; the linear park shall ~ be crossed by a street section and not part of a temporary cul-de-sac or other approved turnaround. 4. The location where the linear park crosses Kenyon Dr should be dehneated 10 a manner acceptable to the City Streets and Signage Departments, and lighted in comphance with Section 18.42.150.C6 of the Unified Development Ordinance. The operation and maintenance of the trail crossing lighting shall be paid for by the homeowner's association with the covenants, restrictions, and articles of incorporation for the homeowners' association amended appropriately. 5. The applicant shall move the existing bench, and work with the Parks Department and GVL T to find a suitable location for the bench. Documentation that the bench has been moved, including the new location for the bench, shall be submitted with the final plat. 6. Disturbance to the existing trail, cause by installation of streets and infrastructure, shall be restored in compliance with the City's trail specifications upon completion of these improvements. 7. Due to the proximity of these proposed lots to the City of Bozeman water tank, it is imperative that all existing easements and property lines are not infringed upon by any obstructions temporary, pennanent, or otherwise. 8. It should be noted upon the final plat that the existing City of Bozeman water tank contains several pieces of communication equipment and will emit a constant low intensity hum. In addition, an emergency generator is located at this site and is run weekly for an hour and would operate any time there is an emergency power outage within the city. -10- 9. Signage and striping shall be put into place restricting parking in front of -!he ~~ ~ccess to the water tank. '- ,_.....:-- '- ,- ... ~ ~ ~~ ~ .... Because of the subdivision's elevation, there may be inadequate ~~:.~e to se~~_ the individual lots without service pumps. ..' __- _ _ -;:--.~ _,.. ..' _ ..-- ~.~~------ - A City approved all weather access road will be required to access ah~~~hn~les that are not located within a public street. If an all weather access road is ~ralIM;if -w1!lllot mterfere with or overlap any public trails. It is staffs recommendation th~tbe:~iy'easement, all weather access road, and the detention bastn be located on a separate lotto ~lWrth side oflot 1. 10. 11. 12. An easement will be necessary for any sewer main extension that will extend through parkland or pnvate property. The final plat shall comply with the standards identified and referenced in the Unified Development Ordinance. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, tn any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 13. 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. The preliminary approval of this subdivision shall be effective for one year from the date of adoption of these Findmgs by the City Commission. At the end of this period the City Commission may, at the written request of the subdlvider, extend its approval as provided for in the Bozeman Unified Development Ordmance. DATED this-Lday of Jl C lit! /vi a l:!Yl-, 2006. 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