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HomeMy WebLinkAbout07- Ridge Major Subdivision, Ridge LLC Rtdge Major Subdivision Findings of Fact and Qrder ,#P-06063 .. BEFORE THE BOZEMAN CITY COMMISSION GALLATIN COUNTY, MONTANA IN THE MATTER OF THE APPLICATION OF RIDGE, LLC, 151 MCGEE DRIVE, BOZEMAN, MT 59715, REPRESENTED BY JAMI MORRIS, LLC, 159 MOUNTAIN LION TRAIL, BOZEMAN, MT 59718, FOR PRELIMINARY PLAT APPROVAL OF NORTHSIDE MINOR SUBDIVISION. FINDINGS OF FACT AND ORDER This matter came before the Bozeman City Commission on Monday, January 8, 2007, for review and decision pursuant to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-625, Montana Codes Annotated (MCA), the City of Bozeman Unified Development Ordinance, and the City of Bozeman 2020 Community Plan. The applicant's representative presented to the Commission a proposed Preliminary Subdivision Plat with for an eight (8) lot major subdivision with one (1) common area open space as submitted in its original form on October 18, 2006. 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 October 18,2006, Ridge, LLC, 151 McGee Drive, Bozeman MT 59715, represented by Jami Morris, LLC, 159 Mountain Lion Trail, Bozeman, MT 59718, submitted a preliminary plat application for an eight (8) lot major subdivision with one common area. The property is legally described as Lot 1 of Minor Subdivision No. 295, Spring Creek Village Resort and Lot 2-D of Minor Subdivision No. 365A, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana. The 12.22- acre subject property is located at 4181 Fallon Street, and is zoned B-P (Business Park District) and R-O (Residential Office District). -1- Ridge Major SulxlNision Findings of Facfl~(r~r :A:i<+':'c'} 1fP'~' Ij> II. The comments of the Development Review Committee, along with those of Department 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. Notice of the time and date ofthe public meeting and public hearing was mailed to adjoining property owners and posted at the site on December 1, 2006. Said notice was also printed in the newspaper on December 3, 2006. Said notices served to inform interested persons that materials were available for review at the Bozeman Department of Planning & Community Development. The City of Bozeman Planning Board opened the public hearing on December 19,2006. 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 applicant's representatives made a formal presentation in favor of the requested subdivision. The Planning Board then opened the public meeting. No one made public comment. The Planning Board then closed the public meeting. The City of Bozeman Planning Board then moved to recommend approval of the subdivision with conditions as recommended by Staff, on a vote of 5 in favor and 2 in opposition. IV. The application was considered by the Bozeman City Commission at its regular meeting on January 8, 2007, at which time the recommendation of the Planning Board and information compiled by City staff was reviewed. v. The application was considered by the Bozeman City Commission and weighed against the 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. -2- Ridge' Maj~t,Subdivisioit Findings of Fact and 'Order y:. #P-06063\ The property is not currently utilized for agriculture and has been master planned for industrial development. Municipal water, sewer, roads and emergency services will be provided to the property. The subdivision must be designed to ensure adequate water, sewer, and street capacity exist to support the proposed subdivision. B. Compliance with the following: 1. The survey requirements provided for in Part 4 of the Montana Subdivision and Platting Act. The subdivision currently complies and will remain in compliance with survey requirements of the Act. 2. The local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act. 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, 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 Unified Development Ordinance and shall be addressed on the final plat: a) The Final Plat must be in compliance with all requirements of Chapter 18.06 "Review Procedures for Subdivisions" including that the Final Plat must be submitted within one (1) year of City Commission approval. b) Section 18.42.060.B requires all easements to be described, dimensioned and shown on the Final Plat in their true and correct location. The "No Build" easement needs to be shown on the plat map itself in addition to being in the notes section. c) The Lighting Plan shall reflect the standards outlined in Section 18.42.150. A plan including both existing and proposed street lights shall be submitted for review and approval prior to the contracting, creation of an SILD, and/or installation of any lights. All lights shall conform to City's requirements for cut-off shields. All subdivision lighting shall be operated and maintained through the creation of a new SILD (Special Improvements Lighting District), through the annexation to an existing SILD or through some other equivalent means approved by the City of Bozeman. Required street lights must be installed or financially guaranteed prior to building permit approval. d) All improvements are subject to Chapter 18.74 "Improvements and Guarantees." If it is the developer's intent to file the plat prior to the completion of all required improvements, an Improvements Agreement shall be entered into with the City of -3- Ridge Maj6f\5u:bdivisiOnFiiiijint~{<:ifFiltt and Ordei: ................... .. ..................... " ...................."....,.,.,.,..,.,.,.....;<.... .:..,.:...."..,..:..".....,A~..,............_...._._........._.......... ..................... ......'.. ....d.............................. ", '................. ',', -:,",:.:':\'\:-;;:, ":';+Y:'::,N ii,' i~ii '.:L\\~~,t{ , , . ..' #}'-Q6P63 Bozeman guaranteeing the completion 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 developer shall supply the City of Bozeman with an acceptable method of security equal to 150 percent of the cost of the remaining improvements. Concurrent Construction must meet the twelve criteria outlined in Section 18.74.030.D. e) The Final Plat must be in compliance with all requirements of Section 18.78.070 "Final Plat," including, but not limited to the following item: 1. Section 18.78.070.C states that a Memorandum of Understanding shall be entered into by the Weed Control District and the subdivider for the control of county declared noxious weeds and a copy provided to the Planning Department prior to Final Plat approval; 11. The final plat submittal shall include 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 stable base polyester film (or equivalent); two (2) digital copies on a double-sided, high density 3Y2-inch floppy disk or compact disk; and five (5) paper prints. t) The location of existing water and sewer mains shall be properly depicted. Proposed main extensions shall be noted as proposed. g) Water mains longer than 500' in length shall be looped. h) Easements and R/W located on and adjacent to the site shall be depicted and labeled appropriately. Distinction between proposed and existing easements shall be made. i) Proposed drive approaches shall be constructed in accordance with the City's standard approach (i.e., concrete apron, sidewalk section and drop-curb) and shown as such on the Final Plan. A City Curb Cut and Sidewalk Permit shall be obtained prior to construction. j) Typical curb details (i.e. raised and/or drop curbs) and typical asphalt paving section detail shall be provided to and approved by the City Engineer. Concrete curbing shall be provided around the entire new parking lot perimeter and adequately identified on the Final Plan. -4- RidRe MajQr''Sl1bdivl$1od';Pi'i\diilgsKj):~"Ita~r.ai1d:O[der - > 'f; q,\,'~:.,;\ <ji'.< .' >~~~~r" , ,":; .A' #P-06Q63 k) Street vision triangles shall be depicted in accordance with Section 18.44.100 UDO on the Final Plan and no plantings or other obstructions in excess of 30" in height shall be located in the vision triangle. I) Easements for the water and sewer main 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. m) Water and sewer mains and services shall maintain a minimum horizontal separation of 10' from landscape trees and lot lighting improvements. n) 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. 0) 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. p) The applicant is advised that any newly-constructed establishments responsible for food preparation shall install an outside two-compartment grease interceptor. Interceptor design and installation is subject to City of Bozeman Building Department approval. In accordance with Municipal Code, the applicant is further advised that on-site maintenance records and interceptor service shall be maintained on a regular basis and made available to the City upon request. q) If construction activities related to the project result in the disturbance of more that 1 acre of natural ground, an erosion/sediment control plan may be required. The Montana Department of Environmental Quality, Water Quality Bureau, shall be contacted by the Applicant to determine if a Storm Water Discharge Permit is necessary. If required by the WQB, an erosion/sediment control plan shall be prepared for disturbed areas of 1 acre or less if the point of discharge is less than 100' from State Waters. r) 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 Unified Development Ordinance. 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. s) 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 -5- Ridgc::~~iSU~~.~ofPl\\;fag~ O~~~r" . i";.i~' "\\\ :,',.'>'::J<~:::;,;,;i:,;\\ .\~,:,:\\@*?A$;lrt,(~' #P-0600S 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. 3. The local subdivision review procedure provided for in Part 6 of the Montana Subdivision and Platting Act. The Planning Board and City Commission hearings have been properly noticed, as required in the Unified Development Ordinance. 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 either dedicated public streets or to the common open space secured with a "No Build Restriction" and a reciprocal/shared parking and access agreement. 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 adopted Growth Policy, 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 for Ridge Major Subdivision, owned by Gallatin Valley HealthlFitness, 4181 Fallon Street, Bozeman, MT 59718, and Bozeman Deaconess Health Services, 915 Highland Boulevard, Bozeman, MT 59715, represented by Jami Morris, LLC, 159 Mountain Lion Trail, Bozeman, MT 59718 to allow an eight (8) lot major subdivision with one common area, be approved, subject to the code provisions and the following sixteen (16) conditions: -6- Ridge Major SuOdivisidn Findings of Fact and O~det.. -....,,;i!~.~i~'%~1.~P:~~\ Conditions of Approval: 1. A reciprocal access and parking easement shall be provided for all shared accesses and parking facilities. The easement shall state that the drive accesses and parking areas are permitted reciprocal use by all of the lots of the subdivision. 2. The Final Plat shall note the area designated to meet the Open Space requirements for The Ridge PUD. 3. Cash-in-lieu of Water Rights, as calculated by the City Engineer, shall be paid at the time the Final Plat or Final PUD Plan is submitted, whichever occurs first. 4. The subdivision shall comply with all approved conditions of the Planned Unit Development (PUD) #Z-06260. 5. The recorded covenants shall indicate that the property owner's association is responsible for the maintenance of the common open space, wetlands, watercourse setback and trails. Noxious weeds shall be controlled as directed by the County Weed Control District and in accordance with the Montana County Noxious Weed Control Act. The property owner's association shall be responsible for the continued control of the weeds and fulfillment of the revegetation plan. 6. The Final Plat shall not include buildings or parking layout. 7. A Traffic Impact Study shall be prepared for the project in accordance with Section 18.78.060.L of the Unified Development Ordinance and approved by the City Engineering Department prior to final plat and/or final PUD plan approval. All improvements needed to provide adequate levels of service for the analyzed intersections shall be financially guaranteed or constructed prior to Final Plat approval. 8. A traffic control and signing and striping plan shall be prepared for the development and approved by the City Engineering Department. Traffic controls and calming devices shall be financially guaranteed or constructed prior to Final Plat approval. 9. The Applicant shall provide and file with the County Clerk & Recorder executed Waivers of Right to Protest Creation of SIDs for the following unless already provided for the properties: 1. Road improvements to Ferguson Avenue including but not necessarily limited to paving, curb/gutter, sidewalk and drainage. -7- 11. Signalization improvements for the intersection of Ferguson Ave. and Huffine Lane. 111. Signalization improvements for the intersection of Ferguson Ave. and W. Babcock St. IV. Signalization improvements for the intersection of Ferguson Ave. and Durston Rd. 10. Any water stubs installed with the Cottonwood Condos project that are not utilized by the development must be abandoned at the main. A City Street Cut Permit shall be obtained prior to beginning construction. II. 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/detention 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 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. 12. Plans and specifications and a detailed design report for water and sewer main 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 Quality. The Applicant shall also provide -8- . Ridge MaiOt Subdivision Fin~6IFa~tta*Qi:lJ~ cT~ t,;.,~ .' ;"";:'+:';"'::-:"h,',' "_<.w"., , ~~,--:",';j,',,-)--,; '. #P~(}6.0,"\" 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 will be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless all of the requirements of section 18.74.030.D are met to allow for concurrent construction. 13. 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 financially 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 conditi<?Jl sball:be included on the plat and in the covenants for the subdivision. '" - p" 14. As per City Design Standards, maximum water depi~s in ~~?~ retention/detention basins shall not exceed 1.5' and Ij:I~.!:mslil depths shall not to exceed 2.5'. -< ~~=.~_ ':~'2-:- ., J' ~ 15. Project phasing shall be clearly defined including instan~~~:cit..in.fraSiructure. 16. A 12' wide gravel all weather access road shall be constructed to provide access to all sanitary sewer manholes not located within a paved public or private street, or parking lot as the project phasing proceeds. -9- \, , 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, MCA. 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 23 day of April 2007. ATTEST: Brit Fontenot. _ w ~ / Clerk of the COOiintss. APPROVED AS TO FORM: -10-