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HomeMy WebLinkAbout07- 162C Minor Subdivision SUbdivision Fi BEFORE THE BOZEMAN CITY COMMISSION GALLATIN COUNTY, MONTANA IN THE MATTER OF THE APPLICATION OF FARMHOUSE, REPRESENTED BY ENGINEERING INC., FOR PRELIMINARY APPROVAL OF THE TRACT 4A OF MINOR SUBDIVISION 162C 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 City of Bozeman Unified Development Ordinance. The applicant presented to the Commission a proposed Preliminary Subdivision Plat for a 3-lot Second or Subsequent Minor Subdivision from a Tract of Record, as submitted in its original form on August 29, 2006, #P-06056. The Commission held a pubhc 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 August 29, 2006, Farmhouse, represented by Engineering Inc., submitted an application for approval to create a Second or Subsequent Minor Subdivision from a Tract of Record for 11.535 acres. The subject is legally described as Tract 4A of Minor Subdivision No. 162C, located in the southwest one-quarter of the southeast one-quarter of Section 8, and the north one-half of the northeast one- quarter of Section 17, T2S, R6E, PMM, Gallatin County, Montana. The subject property is zoned R-O (Residential Office 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 no members of the public spoke. 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 7-1. -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 Although the property is currendy being used for agricultural uses, the property is annexed and has been zoned and master planned for Residential development for many years. 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. Project phasing must be clearly defllled, 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 water main in Haggerty needs to be 10 inches in diameter, in accordance with the City's Water Facility Plan, and needs to be extended along the entire frontage of the subdivision. Similarly, the sewer main in Haggerty needs to be 8 inches in diameter and needs to be extended along the entire frontage of the subdivision. The applicant will need to secure MDOT utility occupancy permits for infrastructure -3- improvements within Haggerty Lane. 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 with annexation. Police/Fire. The property is well within the City's Police and Fire emergency response area. The subdivider must obtain addresses for the new lots from the City Engineering Division prior to ftling of the flllal plat to facilitate fire and police response to the site. Streets. Some street improvements will be required for this development, lllcluding constructing the southwestern half of Haggerty Lane to a 2-lane minor arterial. In addition, public street and utility easements will need to be provided for the proposed new local street along the south property line, and the developer will need to construct this street in compliance with City standards with this subdivision. 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 street infrastructure improvements. Street improvements, including lighting, must be completed or financially guaranteed prior to flllal plat approval. The intersection of East Main Street and Haggerty Lane, near the development, is currendy operating at a Level of Service (LOS) "F". The proposed development would contribute additional traffic to this intersection. A traffic study, prepared by Marvin & Associates of Billings, MT, recommends a traffic signal to be installed at the intersection of East Main Street and Haggerty Lane to mitigate the LOS "F". Therefore, the developer would have to make all necessary improvements to this intersection to improve the LOS. However, the Montana Department of Transportation will not currendy permit a traffic signal to be installed at the subject location, therefore a variance from Section 18.44.060.D of the Bozeman Unified Development Ordinance will be required for this development to precede. The applicant has requested this variance. Since Haggerty Lane is a state route, MDOT approval must be obtained for the traffic impact study and for all proposed street improvements. Finally, prior to final plat approval, information will need to be provided regarding proposed accesses on Haggerty Lane to ensure good access control. A 1- foot no access strip will be required along Haggerty Lane for the entire frontage not used for access. Stormwater. The standard requirement for a Stormwater Master Plan applies to this -4- project. The standard code requirements apply, including the requirements for plans and speclfications, detailed design reports, and engineering services for constructlon inspection, post-construction certification and preparation of mylar record drawings applies. No building permits will be lssued prior substantial completion and City acceptance of required stormwater infrastructure improvements. Stormwater improvements must be completed or fmancially guaranteed prior to final plat approval. Stormwater culvert slZing must comply with City standards. Parks/Trail. Since this is a minor subdivision, no parkland dedication is required or proposed. However, the provision of parkland may be required upon further development of residential uses on Proposed Lots 4A-2 and 4A-3. To ensure pedestrian and bicycle circulation, trails will be required upon further development of Proposed Lots 4A-2 and 4A-3. 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 appltcable utility companies, except for Qwest, were provided indicating that service can be provided to this new development. 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 fmal plat. 5. Effects on Wildlife and Wildlife Habitat The applicants did not provide a letter from Montana Fish, Wildlife and Parks. However, analysis of the information provided with the Bozeman Deaconess Health Services Subarea Plan did not indicate the presence of any rare, threatened or endangered species or habitat. 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. -5- 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 subrmttal: 1. Section 18.42.060 requires a 1 O-foot front yard utility easement unless all relevant utility companies provide a letter indicating that front yard utility easements are not needed. 2. Pursuant to Section 18.42.120, off-street locations for mail delivery will need to be provided upon further development of proposed Lots 4A-2 and 4A-3. 3. Pursuant to Section 18.42.150, subdivision lighting shall be provided as required with street improvements to Haggerty Lane and any other adjacent street. A lighting plan must be submitted with street rmprovement plans and speclfications. 4. Section 18.42.180, Provision of Affordable Housing, must be addressed since the land being subdivided for residential purposes is five acres or more in size. 5. Pursuant to Section 18.44.01 O.A, when a proposed development adjoins undeveloped land, and access to the undeveloped land would reasonably pass through the new development, streets within the proposed development shall be arranged to allow the suitable development of the of the adjoining undeveloped land. 6. Pursuant to Section 18.44.01 O.B, developers shall arrange the streets to provide for the continuation of streets between adjacent developed properties when such continuation is necessary for the convenient movement of traffic, effective provision of emergency services and efficient provision of utilities. 7. Pursuant to Section 18.44.010.H, all developments shall be provided with a second means of access to facilitate traffic movement, the provision of emergency services and the placement of utility easements. 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 to be filed 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 provided. Nothing was provided from Qwest, and must be provided with the final plat application. 10. In accordance with Section 18.78.070, a Memorandum of Understanding shall be entered into with the Weed Control District prior to submitting the ftnal plat. A copy of the MOU shall be submitted with the flllal plat application. 11. A final copy of the covenants, restrictions, and articles of incorporation shall be submitted with the final plat application for review and approval by the Planning Department and shall contain, but not be limited to, provisions for assessment, -6- 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 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 baslll 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 wlthin 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 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. 13. Plans and specifications and a detailed design report for water and sewer main extensions, storm sewer and the public street, prepared by a Professional Engmeer, shall be provided to and approved by the City Engineer and 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 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 frontages or other non-lot frontages, and related storm drainage infrastructure improvements shall be fmancially guaranteed or constructed prior to Final Plat approval. -7- 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 flllal 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. 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 main extensions shall be a minimum of 30 feet 1n 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 defllled including 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 final plat. 20. 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 18.7 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 subdivisions. 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 shalllllclude 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. 15. 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 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. The 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; -8- and five (5) paper prints. 16. 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. 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 lf that approval period is included as a specific condition of a written subdivlsion improvements agreement between the Ctty Commission and the developer, provided for in ~18.74.060, BMC. 17. Pursuant to Section 18.74.030.B, if it is the developer's intent to ftle the flllal 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 rmprovements in accordance with the Preliminary Plat submittal information and conditions of approval. If the final plat is ftled prior to the lllstallation 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. 18. Pursuant to Section 18.06.060, the applicant shall submit with the application for flllal 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 May 16, 2006. The preapplication was reviewed by the DRC on June 7, 14 and 21, 2006. The preapplication was also reviewed by the Bozeman Planning Board on July 5, 2006 and by the City Commission on July 24, 2006. The flllal preapplication letter was mailed on July 31, 2006. The applicant had until July 31, 2007 to submit a preliminary plat application. A preliminary plat application was submitted on August 29,2006 and the required completeness letter was sent on September 15, 2006. The preliminary plat was reviewed by the DRC on October 4, 11, 18 and 25, 2006. The required adequacy letter was provided on October 18, 2006. On the fourth and ftnal 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, 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. -9- On October 31, 2006 the subdivislon staff report was drafted and forwarded with a recommendation of conditional approval to the Planning Board for consideration at lts November 7, 2006 public hearing. The City Commission made a flllal 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 1ll this case by December 7, 2006. Since the application was approved on November 20,2006 there was a 47 working days review period. 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 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. All of the proposed lots have physical frontage on Haggerty Lane. Access will be provided by Haggerty Lane which must be improved in conjunction with this subdivision. Access will also be provided via a new local street along the south property line, which must be constructed in conjunction with this subdivision. 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 final plat complies with all applicable regulations and all required criteria. THEREFORE, IT IS HEREBY ORDERED that the Preliminary Subdivision Plat of the Tract 4A of Minor Subdivision 162C Minor Subdivision, for the property owners and applicant, Farmhouse, be approved subject to the following conditions: -10- Subdivision 162C Minor Subdivision Findings of i '. ' , ~- - ':>' ":~;' 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 reqUltements of the Bozeman Municipal Code or state law. 2. The subdivlslOn shall be consistent with the approved Bozeman Deaconess Health Services Subarea plan. 3. Upon further development of proposed Lots 4A-2 and 4A3, pedestrian and bicycle access should be provided through the subject property to provide connectivity from Haggerty Lane to the future farmstead and park facilities included in the adopted Bozeman Deaconess Health Services Subarea plan. 4. 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 with flllal plat approval, flllal site plan approval or the issuance of any building permits, whichever occurs ftrst. 5. The southwestern half of Haggerty Lane will need to be constructed to a 2- Lane minor arterial standard as shown in the Greater Bozeman Area Transportation Plan, 2001 Update along the entire frontage of the subdivision. This shall include tapers meeting AASHTO standards to transition back to the existing roadway. 6. The water main in Haggerty shall be 10" diameter in accordance with the City's Water Facility Plan, and shall be extended along the entire frontage of the subdivision. 7. A sewer main (8") will need to be extended along the entire frontage of the subdivision. 8. Utility occupancy permits shall be obtained from MDT for the water and sewer infrastructure within the state right of way. 9. Approval shall be obtained from the Montana Department of Transportation of the traffic impact study and for all improvements along Haggerty Lane. 10. All improvements necessary to provide adequate level of service at the intersection of Haggerty and Main must be installed or flllancially guaranteed prior to ftling of the plat unless a variance is granted by the City Commission. No building permits will be issued until all improvements are installed and accepted unless the variance is granted. Approval must be ob?iried from the Montana Department of Transportation for all improvements to Haggerty~nd, Mjlin. 11. Culverts shall be sized in accordance with Section V.C.7 & 8 of the COB d~gn standards. The preliminary calculations submitted did not account for the required overflQw cap~city. .(... .... 12. Prior to final plat approval, the information required by Section 18.44.090.H ~~~D~$;ll be provided for review of the deviations required to allow for the accesses 6fl.td-Haggertyas shown on the Conceptual Connectivity Plan (2). A one foot no access strip shall be provided -11- along the entire frontage of Haggerty except in locations where a deviation is granted to allow for an access. 13. Public Street and utility easements shall be provided on the flllal plat for the streets shown on the Conceptual Connectivity Plan (2). 14. The street from Haggerty Lane to the southern property line shall be fully constructed to the property line unless a variance is obtained to allow 1t to stop short. A temporary turnaround shall be installed at the end of the street within an easement on the adjoining property or, if an easement cannot be obtained, on the subject property in a configuration approved by city engmeenng. 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 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 8 day of January, 2006. BOZEMAN CITY COMMISSION By,~rffi...~ JEFE USS MA OR ATTEST: APPROVED AS TO FORM: BRIT FONI'ENOT CITY CLERK -12-