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HomeMy WebLinkAbout00- Sundance Springs Southeast Major Subdivision 06-05-00 $I.l1lWl@eSprings Southeast MajorSu!)divisionFin(iings of Fact and Order BEFORE THE BOZEMAN CITY COMMISSION GALLA TIN COUNTY, MONTANA IN THE MATTER OF THE APPLICATION OF POTTER FINDINGS CLINTON DEVELOPMENT INC., REPRESENTED BY OF FACT MORRISON. MAIERLE FOR PRELIMINARY PLAT AND ORDER APPROVAL OF SUNDANCE SPRINGS SOUTHEAST MAJOR SUBDIVISION. This matter came before the Bozeman City Commission on May I, 2000, 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 Bozeman Area Subdivision Regulations, Bozeman Area Master Plan, and Bozeman Zoning Ordinance. The applicant presented to the Commission a proposed Preliminary Subdivision Plat for a twelve lot major subdivision as submitted in its original form on March 8, 2000, P-OOll. 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 environmental assessment and 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: Sundance Springs Southeast Major Subdivision Findings of Fact and Order ... FINDINGS OF FACT I. On March 8, 2000, Potter Clinton Development Inc., represented by Morrison - Maierle, submitted an application for approval to create Sundance Springs Southeast Subdivision, a major subdivision dividing 14.97 acres into ten (10) residential lots, one (1) lot as Homeowners' Association Open Space, and one (1) lot as City of Bozeman Open Space/Park. The property is located in the NW14 of Section 30, T.2S, R.6E, PMM, City of Bozeman, Gallatin County, Montana. The subject property is zoned R-S (Residential Suburban Country Estates District). The applicant did request a waiver from the Environmental Assessment and Community Impact Statement requirements as this information was provided in detail as part of the original Sundance Springs Planned Unit Development (Z-9812). n. 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 Bozeman Planning Board. m. Notice of the time and date of the public meeting and public hearing was posted at the site and also published in the Bozeman Daily Chronicle on April 2, 2000. Said notice also served to inform interested persons that materials were available for review at the Bozeman Planning & Community Development Department. -2- Sllndance Springs Southeast Major Subdi vision Findings of Fact and Order The Bozeman Planning Board considered the application at its regular meeting on April 18, 2000. The Planning Board found that the application was properly submitted and reviewed under the procedures of the Bozeman Area Subdivision Regulations and the Bozeman Area Zoning Ordinance. Staff reviewed the staff report and the evidence which justified the imposition of conditions. The applicant made a formal presentation in favor of the requested subdivision and agreed to all conditions presented in the Staff Report. The Planning Board then opened the public hearing. There were no comments from the general public in favor of or in opposition to the proposed subdivision. Receiving no response, the Planning Board closed the public hearing. The Planning Board agreed to waive the requirement for an environmental assessment/community impact study, pursuant to Section 16.18.060 of the Bozeman Subdivision Regulations as the applicable information was reviewed with the original Sundance Springs Planned Unit Development (Z-9812). The Planning Board then voted on a motion regarding the subdivision. The motion, to recommend approval of the subdivision with conditions as recommended by Staff, passed on a unanimous vote of 6 in favor and 0 in opposition. IV. The application was considered by the Bozeman City Commission at its regular meeting on May 1,2000, at which time the recommendation of the Planning Board and information compiled .3. SundanceSprings Southeast Major Subdivision Findings of Fact and Order 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. PRIMAR Y REVIEW CRITERIA 1. Effects on Agriculture. The property has not been used recently for agricultural purposes. The development of the subdivision will allow 10 single family home sites west of the creek on land that has been vacant. The area east of the creek comprising 10.02 acres will be designated as City of Bozeman Open Space/Park land. 2. Effects on Agricultural Water User Facilities. Nash Spring Creek is not used to convey irrigation water. Its relocation should not impact flows. The applicant will secure the necessary pennits for the relocation of Nash Spring Creek and approval from FEMA and necessary agencies as provided in conditions # 10, # 17, and #18. 3. Effects on Local Services. Water/Sewer: Water and sewer services can be provided by extensions of and connections to existing main lines, and general capacity limitations for water and sewer facilities are not anticipated by the Engineering Department staff as a result of the project. The design and approval of water and sewer facilities has been addressed in conditions #11 and #12. No building permits will be approved prior to substantial completion and City acceptance of said improvements. PolicelFire: The development of the property may increase the likelihood of emergency services being required. Response times vary. The Assistant Chief of Police has expressed concern over the Police Department's ability to provide adequate patrol coverage in light of all ongoing development, and recommends that street lighting become an integral part of the subdivision. Pursuant to the Sundance Springs Homeowners' Association covenants, Article 10.9, each homeowner will be required to provide one street light per lot according to -4- .- ....----..--.-- SundanceSprings Southeast Major Subdivision Findings of Fact and Order. specifications outlined in the covenants as provided in condition #15. Streets: The sidewalk along Morning Sun Drive adjacent to the Homeowners' Association open space shall be completed prior to filing of the final plat. Subsequent sidewalks will be constructed as each residential lot becomes developed. Street improvements have been addressed in conditions #13 and #14. All necessary SID waivers have been obtained with the original development proposal. Utilities: Appropriate easements will be obtained. Montana Power Company and US West requested no additional specific conditions be imposed upon the project at this time. However, due to recent deregulation of power services, there may be changes from standard MPC policies which could impact the development. 4. Effects on the Natural Environment. Field studies have indicated a seasonal high groundwater depth ranging from 2.5 to 3 feet. Adequate construction precautions should be taken. Thus far, no wetlands have been identified on the subject property. An application for a 310 permit to relocate Nash Spring Creek has been submitted and approved by the Natural Resource Conservation Service, Gallatin County District. An application for a 404 permit to address the disturbance of the stream has been submitted to the Army Corps of Engineers for approval. Necessary stream relocation permits will be obtained and stream channel erosion maintenance will be addressed through condition #3. Weeds will be controlled in accordance with an approved Weed Control Plan. 5. Effects on Wildlife and Wildlife Habitat. Fish, Wildlife and Parks is supportive of the project with procurement of all necessary permits. There is likely little species diversification due to the development of adjacent properties and vacant use. 6. Effects on Public Health and Safety. Because the development will be serviced by municipal sewer, the threat of groundwater degradation from onsite sewage disposal will be eliminated. Traffic safety concerns should be ameliorated through mitigating conditions #13 and #14 placed on the subdivision which require specific street and sidewalk improvements prior to the issuance of building permits, and through ongoing efforts to improve the vicinity transportation system. ~5~ B) COMPLIANCE WITH SURVEY REQUIREMENTS PROVIDED FOR IN PART 4 OF THE MONTANA SUBDIVISION AND PLATTING ACT. The subdivision complies or will comply with survey requirements of the Act. C) COMPLIANCE WITH THE BOZEMAN AREA SUBDIVISION REGULATIONS. With conditions addressing effects on local services, natural environment, and public health and safety, the final plat will comply with the regulations. D) COMPLIANCE WITH THE REQUIRED SUBDIVISION REVIEW PROCESS. The meeting before the Planning Board and hearing before the City Commission have been properly noticed, as required in the Subdivision Regulations. The notice was mailed to all adjoining property owners by certified mail, and the notice was published in the Bozeman Daily Chronicle on April 2, 2000. E) PROVISION OF EASEMENTS FOR THE LOCA nON AND INSTALLATION OF ANY PLANNED UTILITIES. All utilities and necessary utility easements will be provided. F) PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEL. Legal and physical access to each parcel will be provided from an existing street, which will be improved in accordance with the adopted rural street standards approved through the Sundance Springs PUD. ORDER After considering all matters of record presented at the public hearing, the City Commission found that the proposed subdivision would comply with the Bozeman Area Master Plan and the requirements ofthe Bozeman Area Subdivision Regulations, the Montana Subdivision and Platting Act, and the Bozeman Zoning Ordinance, 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 Sundance Springs Southeast Subdivision for Potter Clinton Development Inc., be approved, subject -6- to the following conditions: GENERAL: 1. A detailed master plan for the property owners' association open space, which indicates the proposed uses, landscaping, irrigation, maintenance plan, and type of improvements must be provided to and approved by the Parks Division, and submitted to the Planning Department as part of the final plat application. All improvements and maintenance must be to City standards. The covenants must reflect that the homeowners association shall maintain the open space and adjacent concrete sidewalk. 2. A declaration of covenants for Sundance Springs must be included and recorded with the Final Plat which specifically includes the provisions from Section 16.34.030, as well as provisions for owners association maintenance of all applicable homeowners' association open space, relevant parks areas, park area landscaping, park area pedestrian facilities, perimeter fencing, and storm water facilities. 3. Prior to final plat approval, a Memorandum of Understanding shall be entered into by the Weed Control District, Parks Division, and the subdivider for the control of county declared noxious weeds and for erosion control along the stream channel for two growing seasons after relocation of the stream channel. A copy of this Understanding must be provided to the Planning Department. 4. The Final Plat shall conform to all requirements of the Bozeman Area Subdivision Regulations 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 corrected certificates. The Final Plat application shall include two (2) signed clothback (or equivalent) copies; two (2) signed reproducible copies on a stable base polyester film (or equivalent); two (2) digital copies on a double-sided, high density 3-1/2" floppy disk; and five (5) paper prints. fu addition, one (1) revised copy of the original Sundance Springs PUD showing the proposed reconfiguration of residential lots and open space, must be provided to the Planning Department. 5. Conditional approval of the Preliminary Plat shall be in force for not more than three calendar years, as provided by State statute. 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's consideration. 6. 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 Bozeman -7- ________n_____._.__ 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% of the cost of the remaining improvements. 7. The plans and specifications for the project infrastructure must be adequately dimensioned and clearly indicate the extent of all improvements proposed. The plans must clearly show the location of and distinction between existing and proposed sewer/water mains, joint service trench detail, and easements, as well as nearby and proposed fire hydrants. All infrastructure improvements required of the development including water and sewer main extensions, public streets, sidewalks and related storm drainage infrastructure improvements shall be constructed or financially guaranteed prior to final plat approval. No building permits will be issued prior to completion and City of Bozeman acceptance of said infrastructure improvements. 8. Notes from the approved final plat of Sundance Springs PUD shall be provided on the final plat for this phase, with the correction of Note #1 which shall be changed from "the public pedestrian trail" to "the public pedestrian/bicyclist trail". STORMW A TER: 9. The Stormwater Drainage, Treatment and Grading Plan submitted must be approved by the City Engineer. Detailed review of the stormwater plan will be part of the infrastructure plan and specification review process. All stormwater improvements needed for the development must be constructed prior to filing the final plat. No building permits will be issued until the stormwater improvements are constructed and approved. 10. Stream relocation: a. Letter of Map Revision (LOMR) for the relocation of Nash Spring Creek must be completed and approved by FEMA. The Montana Department of Fish, Wildlife and Parks shall be contacted by the Applicant regarding the proposed Nash Spring Creek relocation and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to approval of plans and specifications or construction of the intended work. Copies of any approvals must be provided to the Planning Department. b. The LOMR and other applicable permits cannot be financially guaranteed as provided in Section 16.22.040 of the Subdivision Regulations, but must be approved prior to filing of the final plat. -8- ....---. ---.-..-.---.-... I SundanceSprinJ!;s Southeast Major Subdivision Findings of Fact and Order #p.ooltl c. A 50' minimum building setback from each side of the water course high water mark shall be delineated on the final plat. The setback must account for any channel meandering. d. Floodplain elevations must be depicted on the final plat along with the notation that residential Lots #1- #10 lay within the area of a historic creek bed. WATER AND SEWER: 11. Plans, specifications and a comprehensive utilities design report for water and sewer main extensions, prepared and signed by a Professional Engineer (PE) registered in the State of Montana shall be provided to and approved by the City Engineer. Water and sewer plans shall also be approved by the Montana Department of Environmental Quality. The applicant shall also provide Professional Engineering services for Construction 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 preconstruction conference has been conducted. No building permits shall be issued prior to substantial completion and City acceptance of all required public infrastructure improvements. 12. Water and sewer service will be provided by ajoint service trench in order to minimize street cuts. There shall be a one (1) foot minimum horizontal separation between water and sewer lines, and a minimum six (6) inches of separation between sewer lines. The water lines shall be 3/4" diameter Type K Copper and the sewer lines, 4" diameter PVC Sch 40. STREETS. CURB/GUITER AND SIDEWALKS: 13. Pursuant to the approved Sundance Springs PUD, a rural street standard has been approved for this subdivision. A city-standard concrete sidewalk shall be installed or financially guaranteed by the developer in the standard location adjacent to the Property Owners' Association Open Space along Morning Sun Drive prior to final plat approval. Sidewalks adjacent to private lots shall be constructed as each lot becomes developed in order to minimize wear and tear from construction traffic. No building permits will be issued prior to completion and City of Bozeman acceptance of the sidewalk adjoining the Property Owners' Association Open Space along Morning Sun Drive. Plans and specifications for the sidewalk and related storm drainage infrastructure improvements, prepared by a Professional Engineer (F.E.) registered in the state of Montana shall be provided to and approved by the City Engineer prior to initiation of construction. The applicant shall also provide Professional Engineering services for construction inspection, post-construction certification and preparation of mylar record drawings. -9- ------------ ---..-.---.-.....---..... Construction shall not be initiated on the public street until the plans and specifications have been approved by the City Engineer and a pre-construction conference has been conducted. 14. Morning Sun Drive shall be repaved as depicted on the Preliminary Plat prior to final plat approval. 15. Luminaries (street lights) will be required pursuant to the covenants of the Sundance Springs Homeowners Association. UTILITY EASEMENTS: 16. Utility easements must be shown on the final plat in the proper locations as provided in Section 16.14.050.B. All required easements shall be provided prior to final plat approval. MISCELLANEOUS: 17. If construction activities related to the project result in the disturbance of more than 5 acres of natural ground, an erosion/sediment control plan may be required. The Montana Department of Environmental Quality shall be contacted by the applicant to detennine if a Stonnwater Discharge Permit is necessary. If a permit is required by the State, the Developer shall demonstrate to the City full permit compliance. 18. The Montana Department of 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 final plat approval. 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 three years 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 Subdivision Regulations. -10- . ....-.-.---..--- I Sundance Springs Southeast Major Subdivision Findings of Fact and Order . .... #P-OOill DATED this Fifth day of June, 2000. BOZEMAN CITY COMMISSION By: ~G~ Marcia B. Youngman, Mayor C;Zy~ Robin L. Sullivan Clerk of the Commission w11- - ...--.-----