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HomeMy WebLinkAbout01- South Meadows Condominium PUD 01-02-01 BEFORE THE BOZEMAN CITY COMMISSION IN THE MATTER OF THE APPLICATION OF FINDINGS OF FACT EUGENE GRAF, III, AND YVONNE JARRETT, AND ORDER FOR THE ESTATE OF GENEVIEVE S. GRAF FOR PRELIMINARY PLAT REVIEW OF SOUTH MEADOWS CONDOMINIDM P.U.D., LOT #1 OF SOUTH MEADOWS MINOR SUBDIVISION, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA PURSUANT to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-625, Montana Code Annotated, and the Bozeman Area Subdivision Regulations, a public hearing and public meeting were scheduled, after notice given, before the Bozeman City-County Planning Board on June 20,2000, and before the Bozeman City Commission on July 17, 2000, on the above-entitled application. The purpose of the public hearing and public meeting was to review the preliminary subdivision plat application of South Meadows Condominium P.UD., a 100-unit residential condominium development, as submitted by the applicant, together with the required supplementary plans and information, to determine if the information submitted meets the requirements of the Bozeman Area Subdivision Regulations and the Montana Subdivision and Platting Act. It appeared to the City Commission that all parties and the public wishing to appear and comment before the City Planning Board and the City Commission ofthe City of Bozeman, Montana, were given the opportunity to do so, and being fully advised of all matters having come before it regarding this application, the City Commission, therefore, makes the following Findings of Fact, as required: South Meadows Condominiums P. U.D. - Findings of Fact and Order 1 _u_ FINDINGS OF FACT I. The complete application for the preliminary subdivision plat review of South Meadows Condominium P.U.D. was submitted to the City of Bozeman Planning Office on May 10,2000. The preliminary subdivision plat, as proposed, will create on Lot #1 of South Meadows Minor Subdivision, one hundred (l00) condominium dwelling units on a 25.935-acre lot. The residential condominium dwelling units will be served by City of Bozeman water and sanitary sewer services, and will be accessed from the extension of the existing GrafStreet. No dedicated parkland space is proposed with this application. II. Notice of the public hearing before the City of Bozeman Planning Board and public meeting before the Bozeman City Commission was published in the Bozeman Daily Chronicle on June 4, 2000, and the notice was mailed by Certified mail, return receipt requested, to all adjoining property owners. III The matter of preliminary subdivision plat review was heard before the City of Bozeman Planning Board on June 20,2000. The Planning Statfreviewed the project at that time and outlined the recommended conditions of approval from the Bozeman Development Review Committee. The Planning Staffalso discussed the background and status of the preliminary plat for South Meadows four-lot minor subdivision, which this preliminary plat is part of The Planning Staff further commented that the Planning Office has received numerous letters of public testimony in opposition to this matter. South Meadows Condominiums P.U.D. - Findings of Fact and Ordcr 2 -.--.. -- Ray Center of Rocky Mountain Engineering, representing the applicant, Eugene Graf, III, Yvonne GrafJarrett, and the Estate of Teresa Genevieve S. Graf, discussed the developer's proposal, as well as the floor elevation of each condominium structure in relation to the finished grade. Mr. Ken LeClair, developer of the project, then commented on the project stating he was present to answer any questions and that he was in general agreement with the recommended conditions. IV. The public meeting portion on this matter was opened, with eight individuals from the general public expressing concern with regard to density, traffic impacts, street connections, installation of infrastructure, trail system, storm water runoff, emergency service access, and school busing. V. After finding that the Preliminary Plat was properly submitted and reviewed under the procedures of Section 16.08 of the Bozeman Area Subdivision Regulations and was in accordance with the Bozeman City Zoning Regulations and Bozeman Area Master Plan, the Planning Board reviewed and considered the review criteria established in Title 73-3-608, M.C.A., 1993. The Planning Board considered the recommended conditions of approval prepared by the Planning Staff and Development Review Committee, and discussed street improvements, applicant's traffic study, consultant's environmental assessment and community impact statement, wildlife habitat, ground water, and wetlands. The Planning Board expressed concern regarding lack of an overall traffic study and master plan for the area of the four-lot minor subdivision, high ground water tables, and adequate transportation system. South Meadows Condominiums P. V.D. - Findings of Fact and Order 3 ...--.---..-.- --...--..--.- .. .-.-..-...--- ---.-.......- VI. Based on the preliminary plat application as submitted and the supplemental information and data provided, a majority of the Planning Board members present voiced concern that the subdivision would not comply with the primary review criteria and, therefore, voted 3-1, with one (1) member abstaining, to forward a recommendation of denial to the Bozeman City Commission in Planning Resolution No. P-0023. VII. The matter was considered at a public hearing before the City Commission on Monday, July 17, 2000. The Planning Staff reviewed the project at that time and forwarded the Planning Board's recommendation to the City Commission. Mr. Gene Graf, III, applicants' representative, discussed the history of annexation and zone map amendment, Sour Dough trail dedication, parkland dedication credits, groundwater, and traffic impacts. Ken LeClair then spoke on behalf of the applicants regarding the type of condominium structures that would be constructed and overall density of the project. Mara Gai Katz, Cikan Architects, discussed the design strategies ofthe development with regard to view sheds, open space, wildlife habitat, color palette, and streetscape. Ray Center then presented information regarding ground water tables, storm water runoff, and interior street design. VIII. The public hearing portion on this matter was opened, with one (1) individual speaking favorably on the project and seven (7) individuals from the general public expressing concern with regard to density, traffic impacts, street connections, open space, wildlife habitat, trail system, pedestrian circulation, school busing, subdivision master plan, and safety and security of senior citizens in the area. South Meadows Condominiums P.U.D. - Findings of Fact and Order 4 _...__u__..___.. . ----- IX. The City Commission considered the public record and recommendation of the Planning Board, the developer's testimony, comment by the general public, and discussed traffic impacts, ground water table, setbacks, finish grade, wetlands, sidewalks, pedestrian circulation in the area for children, interior street design, and master plan for subdivision. The City Commission then weighed the proposed subdivision against the primary criteria for subdivisions established in Title 76-3-608, and found as follows: 76-3-608(3)(a): 1) EFFECTS ON AGRICULTURE: Historically, the subject property has been used for agricultural purposes with the majority of the 25.9+ acre parcel used for cultivating crops or pasture, exclusive of the 1.69 acres of mature vegetation and wetlands. Soil conditions confirm the site as being good producing soils for agricultural activity and a viable farm unit. As a result, 25.9+ acres of good producing agricultural land will be eliminated from agricultural activity. However, this area is also identified for Residential Infill on the Land Use Plan Element of the Bozeman Area Master Plan and is a recognized as an area for the logical urban growth of the community in this quadrant of the community. This is evident by the development of residential subdivisions to both the north, Spring Meadows Subdivision, and to the south, Sundance Springs Subdivision. 2) EFFECTS ON LOCAL SERVICES: The subject property is presently located in the corporate limits of the City of Bozeman and is planned to develop at urban densities and access municipal infrastructure for sanitary sewer and domestic water, as well as emergency services. Police and Fire protection will be available to this site. Access to municipal infrastructure is available to the site. However, the cost of extending infrastructure to the property will be the sole responsibility of the developer, unless over sizing of water and/or sanitary sewer main capacities is requested by the City. In such cases, the City of Bozeman will participate in the over sizing of infrastructure. 3) EFFECTS ON NATURAL ENVIRONMENT No significant physical or topographical features, exclusive of the 1. 69 acres of wetlands, exist on the property. Although there are two water courses in the general area of the condominium subdivision, Matthew Bird Creek and Nash Spring Creek, both are locat~d off- site and will not be effected by the development. The mature vegetation in the area of the South Meadows Condominiums P.D.D. - Findings of Fact and Order 5 -...... -- ----..---..- .n _". ---.--.--...- .- wetlands will remain generally undisturbed, with exception to a portion of the private driveway crossing the wetlands at the north end of the property. Provisions have been included in the applicant's submittal to address the control of noxious weeds, agricultural fencing and maintenance of park land/open space. 4) EFFECTS ON WILDLIFE AND WILDLIFE HABITAT The' identified wetlands area, because of the significant amounts of mature vegetation, has been a staging area for small mammals, wildlife and birds. As a result, the applicant has designed the street system and siting of the condominium structures to reduce any potential impact on the wetlands area and maintain the area in it's natural state as much as possible. The Department of Fish, Wildlife & Parks has not identified any impacts on wildlife and wildlife habitat with this development proposal. Therefore, no effects on wildlife and their habitat should occur as a result of the proposed condominium development. 5) EFFECTS ON PUBLIC HEALTH AND SAFETY The Bozeman Development Review Committee (D.R.C.) reviewed the application for Preliminary Plat review of SO':1th Meadows Condominiums, to create 100 condominium dwelling units, and as result has not identified any significant impacts to the area's public health and safety that can not be mitigated with the recommended conditions forwarded to the Planning Board and City Commission. The conditions of Preliminary Plat approval, recommended by the Development Review Committee, were provided in the conclusion of the staff report for consideration by the Planning Board and City Commission. 6) EFFECT ON AGRICULTURAL WATER USERS FACILITIES As there are no irrigation ditches, stream/ditches, or streams that provide water user facilities to downstream users, the proposed condominium development will not have an effect on agricultural water users facilities. All subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, M.C.A., 1995 regardless of compliance with master plan status. As a result, the Planning Office has reviewed this application against the listed criteria and further provides the following summary review: 76-3-608.3.b.M.C.A. (i) - Compliance with survey requirements provided in Part 4 of the Montana Subdivision and Platting Act. The proposed condominium subdivision appears to have complied with the survey requirements in Part 4 of the Montana Subdivision and Platting Act and will be filed in the Gallatin County Clerk & Recorder's Office with Final Plat review and approval. South Meadows Condominiums P. U.D. - Findings of Fact and Order 6 ..-. ---.....-...-.--- .----.-.-....-... (ii) - Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act. The proposed condominium subdivision is in general compliance with the Bozeman Area Subdivision Regulations based on the recommended conditions provided by the Bozeman Development Review Committee. (iii) - Compliance with the local subdivision review procedures. The application generally complies with the subdivision review procedures for a condominium subdivision established in the Bozeman Area Subdivision Regulations. Based on the recommendation of the D.R.C. and other applicable revie'w agencies, as well as public testimony received, the Bozeman Planning Board forwarded a fonnal recommendation in a Resolution to the Bozeman City Commission. 76-3-608.3.c. M.C.A. (c) . Provision for easements for the location and installation of any planned utilities. All new facilities (i.e., electricity, gas, telephone, cable) will be installed underground. Appropriate easements shall be delineated on the Final Plat and the appropriate certificate on the plat granting the use of the easements to the necessary entities will be provided. The Development Review Committee recommended a condition of Preliminary Plat approval that required the applicant to clearly identify the thirty (30) foot wide utility and access easement on the Final Plat for public access, and sewer and water main extensions. 76-3-608.3.d. M.C.A. (d) - Provisions of legal and physical access to each parcel. Legal and physical access to this application for Preliminary Plat review will occur from the extension of Graf Street from Spring Meadows Subdivision. Direct access to each individual condominium unit will occur from an interior private street that will be constructed to a 28-foot width with curb and gutter on both sides, and located in a 3D-foot wide public access and utility easement. ORDER IT IS HEREBY ORDERED, on a vote of5-0, that the Preliminary Subdivision Plat to create one hundred (100) residential condominium dwellings units known as South Meadows Condominium P.U.D. on Lot #1 of South Meadows Minor Subdivision being 25.93 acres in size has been found to South Meadows Condominiums P. U.D. - Findings of Fact and Order 7 .-.....----- ---- ----.-----.- . - meet the primary criteria of the Montana Subdivision and Platting Act, and is therefore approved, subject to the conditions listed below. The evidence, as stated or reference in these Findings, justifies the imposition of conditions ordered herein to ensure that the Final Plat complies with all regulations, that all review criteria are positively addressed, adequate infrastructure and public services are provided, and adequate transportation facilities are available. 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 this document by the City Commission, by following the procedures of Section 76-3-625, M.C.A. 1. 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 the detention facilities and 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. 2. 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 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. 3. All infrastructure improvements including 1) water and sewer main extensions, and 2) public streets, curb/gutter, sidewalks, and related storm drainage infrastructure improvements shall be financially guaranteed or constructed prior to Final Plat approval. South Meadows Condominiums P.U.D. - Findings of Fact and Order 8 .. -.- ..-.-- - City standard residential sidewalks shall be constructed on all street frontages at the time that the streets are constructed unless a variance is granted by the City Commission to defer the construction of the sidewalks until the buildings are constructed. 4. The location of existing water and sewer mains shall be properly depicted. Proposed main extensions shall be noted as proposed. 5. 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. 6. Easements for the water and sewer main extensions shall be a minimum of30 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. 7. Project phasing shall be clearly defined including installation of infrastructure. 8. Pursuant to Section 16.24.030 of the Bozeman Area Subdivision Regulations, "Any internal street not meeting the standards of Chapter 16.16.080 of these Regulations shall be a private street". The proposed streets do not meet those standards, therefore, all streets proposed within the development shall be private and the final plat shall show Public Access Easements for the streets rather than Right of Way. 9. That prior to issuance of a building permit to proceed with construction of the condominium development the final subdivision plat for the 4-lot minor subdivision shall be filed and recorded at the Gallatin County Clerk & Recorder's Office. 10. That the applicant install boulevard street lights at a regular spacing along the Graf Street [ro-ntage that complies with Section 18.50.035.A, Glare and Lighting, and that the applicant provide a typical light fixture detail that demonstrates a fixture that deflects light down and/or away from any adjoining residential district and shall not detract from driver visibility on adjacent streets, for review and approval. 11. That the applicant provide on the Final Site Plan a landscape legend that includes botanical and common names of vegetation, size ofplantings at time of installation and at maturity, and areas to be irrigated. 12. That the Final Plat shall comply with Section 16.10.030 of the Bozeman Area Subdivision Regulations, and shall include all applicable documents, certificates, and be accompanied by all appropriate documents, including a Platting Certificate. Two mylar and two clothback copies of the Final Plat, or the equivalent thereof, must be submitted for Final Plat approval, along with a digital copy of the Final Plat, on a dQuble sided, high density 3 1/2" floppy disk. South Meadows Condominiums P. D.D. - Findings of Fact and Order 9 - 13. That the applicant obtain Montana Department of Environmental Quality approval of the condominium subdivision prior to Final Plat approval pursuant to Section 16.16.101 through 16.16.805 A.R.M.. 14. That the applicant provide with the application for Final Plat review and approval a copy of a signed Memorandum of Understanding with the Gallatin County Weed Control District. 15. A Certificate of Title prepared by a licensed title company shall be submitted with the final plat application. 16. The final plat shall provide public utility easements along side and rear lots lines as required by the subdivision regulations. However, in the event front yard easements are used, rear yard easements must still be provided on the plat unless written confirmation is submitted to the Planning Office from all utility companies indicating that front yard easements are adequate. The easement note required in Section 16.14.050 of the subdivision regulations shall be provided on the final plat. 17. That the Final Plat and homeowner's association documents delineate and describe the location of the prescribed thirty percent (30%) open space and fifteen percent (15%) "common open space" for review and approval by the Planning Office prior to Final Plat approval. 18. That the applicant be permitted to install a curb side sidewalk along one side of the private street, that on-street parking be allowed on the same side of the private street, that the opposite side of the private street with no parking allowances be signed "No Parking, Fire Lane" in accordance with the requirements of the subdivision regulations, and that the curb side containing said "No Parking, Fire Lane" signage shall be painted yellow. 19. That, prior to final plat and final PUD plan approval, the applicant shall conduct a reconnaissance survey for review and approval by the Historic Preservation Office of the Montana Historical Society. The existing state and conditions of the subject property shall not be disturbed until the reconnaissance survey has been submitted, reviewed and formally approved by the Preservation Office. 20. That the applicant execute and file with the final plat a waiver of right-to-protest creation of a city-wide park maintenance district for maintenance and upkeep of dedicated park land and trail system(s) for review and approval by the City of Bozeman prior to Final Plat approval. 21. Notes shall be added to the final plat that reference the presence of high groundwater in the area and that structures with basements are not recommended. 22. That the developer shall enter into an Improvements Agreement 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 filed prior to installation of all improvements, the developer shall supply the City of Bozeman with an acceptable South Meadows Condominiums P.U.D. - Findings of Fact and Order 10 ---- ----------.-- __.. u._._ ___._ . -. ------.- .-.-..-..- .- .----- .----- --------.-. method of security equal to one hundred fifty (150) percent of the cost of the remaining improvements and address all applicable contingencies. 23. That the developer shall have three (3) years from the date of preliminary Plat approval to complete the conditions of preliminary plat approval and apply for Final Plat approval. At the end of this period the governing body may, at the written request of the subdivider, extend its approval for no more than one (1) calendar year, as outlined in Section 16.10.050.1 of the subdivision regulations. 24. That the applicant submit with the application for Final Plat review and approval of the condominium development, a written narrative stating how each of the conditions of Preliminary Plat approval has been satisfactorily addressed. The preliminary approval of this subdivision shall be effective for three (3) years from the date of Preliminary Plat approval, July 17, 2003. At the end of this period the City Commission may, at the request of the subdivider, extend its approval for not more than one (1) calendar year. However, preliminary approval may be extended for more than one (1) calendar year if the developer enters into, and secures, an Improvements Agreement for the Subdivision. DATED this ...lillL day of Januarv , 2001. BOZEMAN CITY COMMISSION ~ t3~_ Marcia B. Youngman, ayor ATTEST: ~J~~ Robin L. Sullivan, Clerk of the Commission Paul South Meadows Condominiums P.U.D. - Findings of Fact and Order 11 - - _.n._u_