HomeMy WebLinkAbout07- Baxter Apartments Minor Subdivision
.\~axter Apartmel1fs'MineJ:'
,\:#P-G6055 . .
BEFORE THE BOZEMAN CITY COMMISSION
GALLATIN COUNTY, MONTANA
IN THE MATTER OF THE APPLICATION OF
FARMHOUSE PARTNERS BAXTER L.P.,
REPRESENTED BY ENGINEERING INC., FOR
PRELIMINARY APPROVAL OF THE BAXTER
APARTMENTS MINOR SUBDIVISION.
FINDINGS
OF FACT
AND ORDER
This matter came before the Bozeman City Commission on November 20,2006, 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 Clty 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 1ll its original form on September 12,2006, #P-06055. The Commission held a public
heanng 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, condttionally 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 September 12, 2006, Farmhouse Partners - Baxter L.P., represented by Engineering Inc.,
submitted an application for approval to create a Second or Subsequent Minor Subdivision from a Tract
of Record for 20.118 acres. The subject is legally described as Tract 1 of Certificate of Survey No. 1256,
located in the west half of the northwest one-quarter of the northeast one-quarter of Section 2, T2S,
R5E, PMM, Gallatin County, Montana. The subject property is zoned R-4 (Residential High 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 Planning Board held a public hearing on November 7, 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 Planning Board then opened the public hearing for public comment and one member of the
public spoke regarding trail connections in the area.
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 8-0.
-2-
IV.
The application was consldered by the Bozeman City Commission at its regular meeting on
November 20, 2006, at which time the recommendation of the Planning Board and information
compiled by City staff was reviewed.
v.
A. Primary Review Criteria
1. Effects on Agriculture
The property is annexed, and has been zoned and master planned for Residential
development for many years. The property is currendy not being used for agricultural
uses, and no on-going agricultural uses are nearby.
2. Effects on Agricultural Water User Facilities
No effects on agricultural water user facilities were identified.
3. Effects on Local Services
Water/Sewer. Water and sewer main extensions will be required to serve this
development. Therefore, the standard code requirements apply, including the
requirements for plans and specifications, detailed design reports, and engineering
services for construction inspection, post-construction certification and preparation of
mylar record drawings applies. No building permits will be issued prior substantial
completion and City acceptance of required water and sewer infrastructure
improvements. Water and sewer main extensions must be completed or financially
guaranteed prior to flllal plat approval.
Water and sewer main extensions will be required to provide service to the lots of
Phases 2 through 5. Project phasing must be clearly defined, including the installation
of infrastructure.
The location of existing water and sewer mains shall be properly depicted, and proposed
main extensions shall be noted as proposed. Easements for water and sewer main
extensions must be a minimum of 30 feet in width, with the utility located in the center
of the easements. In no case shall the utility be less than 10 feet from the edge of the
easement.
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
-3-
obtained with this development unless already paid with annexation.
Police/Fire. The property is well within the City's Police and Fire emergency response
area. The subdivlder must obtain addresses for the new lots from the City Engineering
Division prior to ftling of the ftnal plat to facilitate fire and police response to the site.
Streets. Some street improvements will be required for this development. North 25th
Avenue must be constructed to a full City standard street, from Baxter Lane to Trade
Wind Lane, with Phase I unless a variance is granted by the City Commission. If the
variance is granted, that portion of North 25th must be constructed with Phase II along
with the other Phase II improvements.
The standard street improvement code requirements apply, including the requirements
for plans and specifications, detailed design reports, and engineering services for
construction inspection, post-construction certification and preparation of mylar record
drawings applies. No building permits will be issued prior substantial completion and
City acceptance of required street infrastructure improvements (with the exception of
sidewalks). Required street improvements (with the exception of sidewalks) must be
completed or flllancially guaranteed prior to final plat approval.
Project phasing must be clearly defllled, including the installation of infrastructure.
A street lighting plan for the entire subdivision must be submitted with the final plat for
Phase I, and any required lighting for Phase I must be installed or ftnancially guaranteed
prior to flllal plat approval. Building permits cannot be issued for each phase unless the
lights have been installed.
Stormwater. The standard requirement for a Stormwater Master Plan applies to this
project.
Parks/Trail. Since this is a minor subdivision, no parkland dedication is required or
proposed. However, the provision of parkland will be required upon further
development of Lots 2 through 5. The final plat for Phase I must show the location of
a neighborhood center for this subdivision, which could count towards future parkland
dedication requirements. The applicant has been advised to coordinate with the
property owner to the east to create a larger, more usable park. The Bozeman 2020
Community Plan and the Transportation Plan show a trail corridor along the east side of
the subject property. The portion of the trail on the subject property must be
constructed or financially guaranteed prior to filing of the final plat for Phase II.
Utilities. There are existing power, cable and phone utilities in the vicinity. The
preliminary plat shows 10-foot utility easements being provided. Letters from the
applicable utility companies, except for Qwest, were provided indicating that service can
be provided to this new development.
-4-
4. Effects on the Natural Environment
As required, a noxious weed management and revegetation plan was provided with the
preliminary plat application. A Memorandum of Understanding must be entered into
with the County Weed Board prior to submittal of the flllal plat.
The Geotechnical Report provided with the application indicated the presence of a high
water table. Therefore, the following note shall be included on the final plat: "Due to
high ground water conditions full or partial basements are not recommended. Depth of
crawl space foundations must be minimized to the extent possible to limit water-related
problems. Buildings proposed for basements shall include Engineer Certification
regarding depth of ground water and soil conditions and proposed mitigation methods
to be submitted with each Buildtng Permit."
5. Effects on Wildlife and Wildlife Habitat
The applicants did not provide a letter from Montana Fish, Wildlife and Parks.
However, the impacts on wildlife and wildlife habitat should be minimal since the site is
located in an urbanized area.
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 in conformance with the Montana
Subdivision and Platting 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 flllal plat submittal:
1. Pursuant to Section 18.42.020, the final plat for Phase I must include a neighborhood
center for this minor subdivision since it is greater than 10 net acres in size. The
neighborhood center must be at least 1 acre in size, and must be improved with the
phase in which it is contained. On the final plat, the neighborhood center will be
labeled as common open space, but upon further development of the property the
designated neighborhood center could be used to satisfy parkland dedication
requirements.
-5-
2. Lot 5 is not in compliance with Section 18.42.040 in regards to block width and length.
This nonconformity must be addressed upon further development of this lot.
3. Pursuant to Section 18.42.100, a watercourse setback planting plan will be required with
upon further development of proposed Lots 4 and 5.
4. Pursuant to Section 18.42.120, off-street locations for mail delivery will need to be
provided upon further development of proposed Lots 2-5.
5. Pursuant to Section 18.42.150, subdivision lighting shall be provided for each phase
with provisions for ftxture installation and operation. A subdivision lighting plan for all
phases shall be submitted with the flllal plat application for Phase I.
6. Section 18.42.180, Provision of Affordable Housing, must be addressed since the land
being subdtvided for residential purposes is five acres or more in size. The flllal plat for
Phase I must be accompanied by a narrative explaining how this provision is being met
or will be met.
7. Pursuant to Section 18.44.110, developers shall install pathways in accordance with the
UDO, the growth policy, the transportation plan, and adopted Citywide park plan, and
any adopted Park Master Plan, and shall comply with the City of Bozeman design
specifica tions.
8. Pursuant to Section 18.50.090, executed waivers of right to protest the creation of
special improvement districts (SIDs) for a park maintenance district will be required for
all phases to be ftled and of record with the Gallatin County Clerk and Recorder, if not
already done with the annexation.
9. Section 18.78.060.M requires that the preliminary plat application be accompanied by a
written statement from all relevant utility companies indicating that service can be
provlded. A letter from Qwest was not provided, and must be submitted prior to
application for flllal plat approval for Phases 2-5.
10. In accordance with Section 18.78.070, a Memorandum of Understanding for all phases
shall be entered into with the Weed Control District prior to submitting the final plat
for Phase 1. A copy of the MOU shall be submitted with the flllal plat application for
Phase 1.
11. A ftnal copy of the covenants, restrictions, and articles of incorporation for all phases
shall be submitted with the final plat application for Phase I for review and approval by
the Planning 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 removal, and
other areas common to the association pursuant to Chapter 18.72 of the Bozeman
Unified Development Ordinance.
12. Stormwater Master Plan: A Stormwater Master Plan for 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
-6-
Engineer. The master plan must depict the maximum sized retention basin location,
show location of 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 finished lot grades), typical stormwater detention/retention basin and
discharge structure details, basin sizing calculations and a stormwater maintenance plan.
Any stormwater ponds located within a park or open space shall be designed and
constructed to be conducive to the normal use and maintenance of the open space.
Stormwater ponds for runoff generated by the subdivision (e.g., general lot runoff,
public or private streets, common open space, parks, etc.) shall not be located on
easements within privately owned lots. While the runoff from the individual lots will be
dependent on the mtensity 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.
13. Plans and specifications and a detailed design report for water and sewer malll
extensions, storm sewer and the public street, prepared by a Professional Engineer, shall
be provided to and approved by the City Engineer and the Montana Department of
Environmental Quahty. 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 pre-construction conference has
been conducted.
No building permits shall be issued prior to substantial completion and City
acceptance of the required infrastructure improvements.
14. All infrastructure improvements including 1) water and sewer main extensions, and 2)
public streets, curb/gutter, sidewalks fronting parks, open space, rear yard frontage or
other non-lot frontage, and related storm drainage infrastructure improvements shall be
flllancially guaranteed or constructed prior to Final Plat approval.
City standard residential sidewalks shall be constructed on all public street frontages of a
property prior to occupancy of any structure on the property. 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 within 30 days
said sidewalk for their lot(s), regardless of whether other improvements have been made
upon the lot. This condition shall be included on the final plat for the subdivision.
15. The location of existing water and sewer mains shall be properly depicted. Proposed
main extensions shall be noted as proposed.
-7-
16. The Montana 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 FSP approval.
17. Easements for the water and sewer malll extensions 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 easement.
18. Project phasing shall be clearly defined lllcluding installation of infrastructure.
19. 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 flllal plat.
20. The apphcant shall submit a construction route map dictating how materials and heavy
equipment will travel to and from the site in accordance with section 18.7 4.020.A.l of
the Unified Development Ordinance. This shall be submitted as part of the flllal site
plan for site developments, or with the infrastructure plans for subdtvisions. It shall be
the responsibility of the applicant to ensure that the construction traffic follows the
approved routes.
21. All construction activities shall comply with section 18.74.020.A.2. of the Unified
Development Ordinance. 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.
22. The final plat for each phase 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 required 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. Each final plat application shall
include four (4) signed reproducible copies on a 3 mil or heavier stable base polyester
ftlm (or equivalent); two (2) digital copies on a double-sided, high density 3-1/2" floppy
disk; and five (5) paper prints.
23. Pursuant to Section 18.06.040.D.6, conditional approval of the preliminary plat for all
phases 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
-8-
Baxter Apartments Minor Subd!\{Jsion Flhdings of
# P-06055 ...,
developer, provided for in ~18.74.060, BMC.
24. Pursuant to Section 18.74.030.B, if it is the developer's intent to ftle the final 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 of all improvements in accordance with the Preliminary
Plat submittal information and conditions of approval. If the final plat is ftled prior to
the installatton of all rmprovements, 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.
25. 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 April 4, 2006. The preapplication was reviewed
by the DRC on April 12, 19 and 26,2006. The flllal preapplication letter was mailed on April
27, 2006. The applicant had until April 27, 2007 to submit a prehminary plat application.
A preliminary plat application was submitted on September 12, 2006 and the required
completeness letter was sent on September 15,2006. The preliminary plat was reviewed by the
DRC on October 4, 11 and 18, 2006. The required adequacy letter was provided on October
18, 2006. On the third and flllal week of DRC 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,
October 22, 2006. The site was posted with a public notice on October 20,2006. Finally,
notice was sent to adjacent property owners via certified mail, and to other property owners of
record within 200 feet of the subject property via first class mail, on October 20, 2006.
On October 30, 2006 the subdivision staff report was drafted and forwarded with a
recommendation of conditional approval to the Planning Board for consideration at its
November 7, 2006 public hearing. The City Commission made a final decision at a November
20, 2006 public hearing. A flllal decision for a second or subsequent minor subdivision from a
tract of record must be made within 60 working days of the date it was deemed complete or in
this case by December 8, 2006. The application was approved on November 20, 2006, resulting
in a 46 working day review period.
E. Provision of easements for the location and installation of any planned utilities.
-9-
There are existing power, cable and phone utilities in the vicinity. The preliminary plat shows
1 O-foot utility easements being provided. Letters from the applicable utility companies, except
for Qwest, were provided indicating that service can be provided to this new development.
F. Provision of legal and physical access to each parcel.
The proposed lots will gain access from Baxter Lane, North 27th Avenue, Tschache Lane, North
25th Avenue, Turbulence Lane and/ or Trade Wind lane. All of which are proposed to be public
streets.
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
in the Findings of Fact, justifies the imposition of the conditions ordered herein to ensure that the flllal
plat complies with all applicable regulations and all required criteria.
THEREFORE, IT IS HEREBY ORDERED that the Preliminary Subdivision Plat of the
Baxter Apartments Minor Subdivision for the property owners, Fairview Investments, LLC, and
applicant Farmhouse Partners - Baxter L.P., be approved subject to the following conditions:
Conditions of Approval:
1. The flllal 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, in any way, create a
waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state
law.
2. The following note shall be included on the final plat: "Due to high ground water conditions full
or partial basements are not recommended. Depth of crawl space foundations must be
minimized to the extent possible to limit water-related problems. Buildings proposed for
basements shall include Engineer Certification regarding depth of ground water and soil
conditions and proposed mitigation methods to be submitted with each Building Permtt."
-10-
3. The remainder affidavit must be finalized, slgned, notarized and flied with the ftnal plat for
Phase 1.
4. The lllstallation of a trail within the watercourse and trail easement shall be completed with the
next phase. The applicant shall meet with the Subdivision Review Committee of the Recreation
and Parks Advisory Board and the City Parks Department to determine the appropriate type,
width, construction specifications and location for the trail. The trail must be installed or
flllancially guaranteed prior to flllal plat approval for the next phase.
5. Unless the applicant can show that usable water rights or an appropriate fee in lieu thereof was
provided when the subject property was annexed, water rights or an appropriate fee in lieu shall
be provided wlth flllal plat approval, ftnal site plan approval or the issuance of ~ny building
permits, whichever occurs first, for the remainder of the parcel except for Lot 1.- '
6. North 25th Avenue shall be constructed from Baxter Lane to Trade Win<tLane t9_a full city
standard wlth Phase I unless the variance is granted by the City CommissiOn. If iIie variance is
granted, that portion of 25th shall be constructed with the next phase a-long wl!h-the -other
infrastructure improvements required for the next phase.-:,~ -::;:.~;.. -- -,
7. Water and sewer main extenslons will be required to provide service to the'lbt,s of phases 2
through 5.
This City Commission order may be appealed by bringmg 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 tms subdivision
shall be effective for one year from the date of adoption of these Findings by the City Commission. At
the end of this period the City Commission may, at the written request of the subdivider, extend its
approval as provided for in the Bozeman Unified Development Ordinance.
DATED this 8th day of January, 2006.
-11-
BOZEMAN CITY COMMISSION
ATTEST: ,
By'~l ~
JEFF Y USS
MA OR
APPROVED TO FORM:
-12-