Loading...
HomeMy WebLinkAboutApproval of Legends at Bridger Creek II, Phase 2 Subdivision Findings of Fact Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Brian Krueger, Development Review Manager Wendy Thomas, Director of Community Development SUBJECT: The Legends at Bridger Creek II, Phase 2 Subdivision Preliminary Plat Application with Variance #P-13003 - Findings of Fact and Order MEETING DATE: August 5, 2013 AGENDA ITEM TYPE: Consent Agenda RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the preliminary plat of The Legends at Bridger Creek II, Phase 2 Subdivision. BACKGROUND: On June 3, 2013 the City Commission held a public hearing on an application for preliminary plat with variance approval for the Legends at Bridger Creek II, Phase 2 Subdivision. The Commission approved the proposed subdivision, subject to conditions and code provisions to ensure the final plat would comply with all applicable regulations and all required criteria. State law provides that the governing body shall “provide a written statement to the applicant detailing the circumstances of the condition imposition.” The statement must include: 1) the reason for the condition imposition; 2) the evidence that justifies the condition imposition; and 3) information regarding the appeal process for the condition imposition. To proceed with submitting a final plat application for the initial phase(s) of the subdivision, the applicant must have in hand a dated and signed Findings of Fact and Order. UNRESOLVED ISSUES: Staff is unaware of any unresolved issues. ALTERNATIVES: 1) Approval of the Findings of Fact as drafted. 2) Approval of the Findings of Fact with modifications. 3) As determined by the City Commission FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property tax revenues from new development, along with increased costs to deliver municipal services to the property. Impact fees will be collected with issuance of building permits for individual lots along with City sewer and water connection fees. Attachment: Findings of Fact Subdivision Preliminary Plat Report compiled on: July 24, 2013 48 The Legends at Bridger Creek II, Phase II Subdivision – Findings of Fact and Order 1 Return To: City of Bozeman Department of Community Development P.O. Box 1230 Bozeman, MT 59771-1230 BEFORE THE BOZEMAN CITY COMMISSION IN THE MATTER OF THE APPLICATION OF FINDINGS OF FACT GUINNESS PARTNERS, INC. FOR PRELIMINARY PLAT AND ORDER REVIEW OF THE LEGENDS AT BRIDGER CREEK II, PHASE 2 SUBDIVISION, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA PURSUANT to the Montana Subdivision and Platting Act, Section 76-3-101 through 76- 3-625, Montana Codes Annotated, City of Bozeman Growth Policy, and the Bozeman Unified Development Code, public hearings were scheduled, after notice given, before the Bozeman Planning Board on May 7, 2013, and before the Bozeman City Commission on June 3, 2013, on the above-entitled application. The applicant presented to the City Commission a proposed major subdivision preliminary plat to subdivide approximately 9.39± acres into twenty six (26) single household lots. The application for preliminary plat includes one request for variance to the Unified Development Code (UDC) from Section 38.24.060.B.4 “Level of Service” to allow the Level of Service at the intersection of Story Mill Road and Bridger Drive to operate below the minimum level of service allowed. The purpose of the public hearings was to consider all relevant evidence relating to public health, safety, and welfare, including the required supplemental information and recommendation of the Planning Board, to determine whether the plat should be approved, conditionally approved, or disapproved. It appeared to the City Commission that all parties and the public 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 City Commission makes the following Findings of Fact, as required: 49 The Legends at Bridger Creek II, Phase II Subdivision – Findings of Fact and Order 2 FINDINGS OF FACT I. The complete application for the preliminary plat review of the Legends at Bridger Creek II, Phase 2 Subdivision was submitted to the City of Bozeman Department of Community Development on March 8, 2013. The preliminary subdivision plat, as proposed, will subdivide 9.39± acres and create a major subdivision containing twenty six (26) single household lots with an R lot for further development. The subject property is legally described as being a portion of Tract 2 shown on film 12, page 825 records of Gallatin County situated Section 32, Township 1 South, Range 6 East, PMM, City of Bozeman, Gallatin County, Montana. II. A notice of public hearings before the City of Bozeman Planning Board and the Bozeman City Commission was published in the Bozeman Daily Chronicle on April 7, 2013, and the notice was posted at the site and mailed to all property owners within 200 feet of the subject property and by certified mail, return receipt requested, to all adjoining property owners. III. The City of Bozeman Planning Board heard the matter of preliminary plat review of the Legends at Bridger Creek II, Phase 2 Subdivision on May 7, 2013. The Planning Board found that the application was properly submitted and reviewed under the procedures of the City of Bozeman Unified Development Code, Chapter 38, Bozeman Municipal Code. The Department of Community Development Staff reviewed the project and the evidence which justified the imposition of conditions, recommendations of the Development Review Committee and local review agencies and the design of the major subdivision, requested variance to the City of Bozeman Unified Development Code, phasing, zoning, existing infrastructure, physical features, and provisions for parkland. The Department of Community Development Staff reported that no formal public comment had been received prior to the hearing in response to the noticing on the matter of this preliminary plat application. Staff did receive several public comments following a public meeting the subdivider had with the neighborhood prior to filing the preliminary plat application. The comments were provided for the Planning Board’s information. The comments primarily regarded the pedestrian sidewalk in common open space 10. The comments were mixed, with some in favor of the walkway and some opposed. The sidewalk is required to be constructed as 50 The Legends at Bridger Creek II, Phase II Subdivision – Findings of Fact and Order 3 proposed to provide the primary pedestrian access to lots 30-38A located in Phase 1 of the Legends at Bridger Creek II Subdivision, as these lots are located along an alleyway (Medicine Wheel Lane) that does not have a pedestrian facility associated with it. This sidewalk also connects to a midblock pedestrian crossing of Midfield Street that is required to provide conformance to block length standards. Matt Ekstrom with Morrison Maierle, Inc., representing Guinness Partners, Inc., discussed the design of the subdivision, alleyways, pedestrian facilities, parkland and open space provisions, and the proposed variance. IV. The Planning Board then opened the public hearing portion for public comment on the matter of the preliminary plat application. One member of the general public commented on the pedestrian facility in common open space 10 and parking for the project. V. After reviewing the staff recommendation, hearing the applicant’s presentation, public testimony on the matter, and finding that the Preliminary Plat was properly submitted and reviewed under the procedures of the City of Bozeman Unified Development Code and the adopted growth policy, the Planning Board reviewed and considered the facts against the criteria related in Title 76-3-608, MCA, 2011. The Planning Board considered the staff report and recommended conditions prepared by the Community Development Department, Development Review Committee, and local review agencies. The Planning Board then discussed the applicant’s requested variances to the Unified Development Code, and justification of supporting the requested variances as outlined in the staff report. VI. The Planning Board, having heard and considered public comment and the findings presented in the staff report, found that with the recommended conditions, that the preliminary plat application would comply with the primary review criteria, and therefore voted 5-0 to forward a recommendation of conditional approval to the Bozeman City Commission as set forth in Planning Resolution No. P-13003. VII. 51 The Legends at Bridger Creek II, Phase II Subdivision – Findings of Fact and Order 4 The matter of the preliminary plat application for Legends at Bridger Creek II, Phase 2 Subdivision was considered by the City Commission at a public hearing on June 3, 2013 at which time the Department of Community Development Staff reviewed the project and forwarded the Planning Board's recommendation of conditional approval in Planning Resolution No. P-13003. Matt Ekstrom with Morrison Maierle, Inc., representing Guinness Partners, Inc., discussed the design of the subdivision, alleyways, pedestrian facilities, parkland and open space provisions, and the proposed variance. VIII. The public hearing portion was then opened to hear public testimony on the matter of the preliminary plat application. Two members of the general public expressed concern with the pedestrian facility design within common open space 10. Seeing no further public testimony, the City Commission then closed the public comment portion on the matter of the preliminary plat application. IX. The City Commission then considered the minutes of the Planning Board hearing, Resolution of the Planning Board, Department of Community Development staff report, public record, the applicant’s testimony, and weighed the proposed subdivision against the primary criteria for consideration of subdivisions established in 76-3-608, MCA and found as follows: A. Primary Review Criteria 1. Effects on Agriculture The site is located within a developed urban part of the City being and extension to the Legends at Bridger Creek II Subdivision, Phase 1 and has no agricultural components that would be impacted by the proposed subdivision. 2. Effects on Agricultural Water User Facilities No effects on agricultural water user facilities have been identified for this project. Although the subdivider does not anticipate any impacts to downstream water users with this subdivision, the applicant is reminded that they are subject Title 85, MCA protecting water rights, conveyance and agricultural water user facilities, and are therefore advised that they may be subject to those restrictions. 3. Effects on Local Services Water/Sewer: Municipal sanitary sewer and water mains exist in the Northview Street and Boylan Road rights-of-way. Sewer and water mains are proposed to be extended in the Midfield Street right-of-way to serve all lots. 52 The Legends at Bridger Creek II, Phase II Subdivision – Findings of Fact and Order 5 Police/Fire: The property is located within the City’s Police and Fire emergency response area. Streets: Public streets in proximity to the subdivision currently exist as part of the subdivision’s street network for the major subdivision. Extensions to Boylan Road are proposed to accommodate the construction of Midfield Street to provide primary access to all lots. The traffic study recommends the installation of dedicated turn bays at the intersection of Bridger Drive and Northview Street to accommodate primary access to the subdivision . Engineering staff recommends a condition to require that the turn bays be installed as recommended in the traffic study for the Legends Phase II preliminary plat or financially guaranteed prior to filing of the plat. No building permits will be issued until all improvements are installed and accepted. Stormwater: The 26-lot subdivision was included in the Stormwater Master Plan reviewed and approved by the City Engineer’s Office for the original subdivision platted in 2007. No significant site or grading changes are proposed as part of this subdivision application. Parklands: Dedicated public parkland required with this subdivision was met with the approved park master plan and public parkland dedicated with the final plat for Phase 1 of the Legends at Bridger Creek II Subdivision. The applicant proposes the construction of public sidewalk within common open space to satisfy pedestrian connectivity to lots accessed by Medicine Wheel Lane and to provide a mid block crossing across Midfield Street. Utilities: All private utilities (electricity, gas, cable and phone utilities) are proposed in the adjacent streets or within utility easements on the subject lots specified on the preliminary plat. 4. Effects on the Natural Environment This property is located in an area of the City which has been identified and developed for residential uses at urban density and no changes are proposed that would impact the natural environment. 5. Effects on Wildlife and Wildlife Habitat No known endangered species or critical game ranges have been identified on the subject property. This area of the City has been identified and developed for urban purposes in a location of the City where no physical features, established vegetation or habitat exist, which reduces the potential for development of any wildlife habitat. 6. Effects on Public Health and Safety The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect the public health, safety and general welfare. The subdivision has been reviewed by the Bozeman Development Review Committee (DRC) which has determined that it is in general compliance with the title. Any other conditions deemed necessary to ensure compliance have been noted throughout this staff report. 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 DRC has reviewed this application against the listed criteria and further provides the following summary review. B. Compliance with survey requirements provided 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 prepared as a preliminary plat in accordance with the state 53 The Legends at Bridger Creek II, Phase II Subdivision – Findings of Fact and Order 6 statute and the Bozeman Municipal Code. Prior to filing of any plat(s) for this subdivision, said plat(s) must comply 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 upon review and approval by City staff. C. Compliance with 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 Code (UDC). The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as a condition 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 Bozeman Unified Development Code and shall be addressed with the final plat: a. Pursuant to Section 38.06.040.D.6 of the BMC, conditional approval of the Preliminary Plat shall be in force for not more than one calendar year for minor subdivisions, two years for single-phased major subdivisions and three years for multi-phased major subdivisions. Prior to that expiration date, the developer may submit a letter of request for the extension of the period to the Community Development Director for the City Commission’s consideration. The City Commission may, at the written request of the developer, extend its approval for no more than one calendar year, except that the City Commission may extend its approval for a period of more than one year if that approval period is included as a specific condition of a written subdivision improvements agreement between the City Commission and the developer, provided for in §38.41.060, BMC. b. 38.02.050 - Water rights or cash-in-lieu thereof, as calculated by the City Engineer’s Office, is due with each final plat(s) of the major subdivision. c. 38.21.060.C.1 “Corner Lots” – The property owner’s association documents shall provide language stating that all corner lots shall have the same orientation as dwellings on lots on the interior of the block. The final plat shall indicate the orientation of all corner lots. d. 38.23.030.D, corner lots shall have sufficient width to permit appropriate building setbacks from both streets and provide acceptable visibility for traffic safety. Further, homes on corner lots shall have the same orientation as homes on lots on the interior of the block, unless otherwise approved through an overall development plan. Covenants shall contain information regarding the orientation for all corner lots. The preliminary plat shall indicate the orientation of all corner lots. e. 38.23.050 “Utilities” - Utilities shall be placed underground, wherever technically and economically feasible. If overhead utility lines are used, they shall be placed along the rear property line. f. 38.23.060.B “Private Utilities” – The final plat and homeowner’s association documents shall contain a note stating that if a utility easement is greater than the building setback required by Chapter 38, B.M.C. said easement shall apply. All utility easements shall be noted on the Final Plat for each typical subdivision lot/block. 54 The Legends at Bridger Creek II, Phase II Subdivision – Findings of Fact and Order 7 g. 38.23.120 - If mail will not be delivered to each individual lot within the development, the developer shall provide an off-street area for mail delivery within the development in cooperation with the United States Postal Service. All cluster mail boxes must be ADA accessible and placed accordingly. It shall not be the responsibility of the City to maintain or plan any mail delivery area constructed within a City right-of-way. h. 38.25.020.A “Parking Dimensions” – The homeowners’ association documents shall include language stating the minimum provisions for one-stall and two-stall vehicle garages as outlined by Section 38.25.020.A, BMC. i. 38.26.050.E “Street Frontage’ – The homeowner’s association documents shall contain language stating that all street rights-of-way contiguous to or within the proposed development site not used for street pavement, curbs, gutters, sidewalks or driveways (i.e., street boulevards) shall be landscaped, as defined in the Bozeman Municipal Code, and shall include one (1) large canopy tree for each 50 feet of total street frontage rounded to the nearest whole number. For street trees, a City of Bozeman planting permit for street trees and obtaining utility locations before any excavation begins in the City of Bozeman right-of-way. The covenants shall include a planting note stating that the planting hole shall be at least twice the diameter of the root ball, that the root flare of the newly planted tree is visible and above ground, and there shall be a mulch ring 3’- 4’ in diameter around each newly planted boulevard tree. j. 38.26.070 “Landscaping of Public Lands” - Requires the subdivider to install irrigation, turf grass and street trees on the portions of open space 10 adjacent to Boylan Road and Northview Street. Trees may not be located within 10 feet of sewer and water services. Sewer and water services shall be shown on the landscaping plan of the park and open space plan, and be approved by the Water/Sewer Superintendent. A landscape plan prepared by a certified nurseryperson shall be submitted, identifying the location and tree species to be installed by the developer, prior to installation of the trees or prior to final plat approval, whichever comes first. k. 38.27.090 “Waiver of Park Maintenance District – Prior to final plat approval, 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, unless already filed with annexation. l. 38.38.030 “Covenants” - Covenants, restrictions, and articles of incorporation for the creation of a property owners’ association shall be submitted with the final plat application for review and approval by the Planning Office and shall contain, but not be limited to the following items: 1) the orientation and setbacks for corner lots, 2) all additional setbacks required when lots are adjacent to pathway corridors and minor arterial roads, 3) provisions for fences, 4) provisions for snow removal, maintenance and upkeep of all common areas, public and private parks, trails, storm water runoff facilities, 5) guidelines that outline architectural and landscape requirements for each individual lot and/or phase of the subdivision, including placement of boulevard trees at a regular spacing for each residential lot, 6) provisions that outline the renewal of an annual contract with a certified landscape nursery person for the upkeep and maintenance of all parklands, common open space, trails, etc., 7) landscape details for detention ponds, outlet structures, boulevard trees, parkland, irrigation, etc., 8) mitigation of groundwater with established floor elevations and “no 55 The Legends at Bridger Creek II, Phase II Subdivision – Findings of Fact and Order 8 basement restriction”, 9) architectural guidelines for residential character, porches, fenestration treatment, placement of garages, boulevard trees, 10) noxious weed control, 11) parking within residential structures, and 12) assessment of existing and future Special Improvement Districts. These documents shall be submitted to the city attorney and shall not be accepted by the City until approved as to legal form and effect. A draft of these documents must be submitted for review and approval by the Community Development Department at least 30 working days prior to submitting a final plat application. These documents shall be executed and submitted with the initial final plat to be filed with the Gallatin County Clerk and Recorder at the time of final plat recordation. m. 38.39.030 “Completion of Improvements” - 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 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. n. 38.39.030.B.2 “Sidewalks” – The final plat and homeowner’s association documents shall include language stating that “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.” o. 38.41.050.A.8 – 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 Community Development Department prior to Final Plat approval. p. Irrigation System As-Builts - The developer shall provide irrigation system as-builts for all irrigation installed in public rights-of-way and/or land used to meet parkland dedication requirements or common open space areas once the irrigation system is installed. The as- builts shall include the exact locations and type of lines, including accurate depth, water source, heads, electric valves, quick couplers, drains and control boxes. q. The applicant shall obtain Montana Department of Environmental Quality approval of the subdivision prior to Final Plat approval pursuant to Section 16.16.101 through 16.16.805 A.R.M. r. The subdivider shall ensure that all construction materials and other debris are removed from the subdivision prior to final plat approval, or prior to release of said financial guarantee, if an Improvements Agreement is necessary with the final plat. s. 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. t. 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 56 The Legends at Bridger Creek II, Phase II Subdivision – Findings of Fact and Order 9 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. A Storm Water Management Permit (SMP) must be submitted and approved by the City Engineer prior to Final Site Plan Approval. The SMP requires submittals of an application form and a Storm Water Management Plan in compliance with the City of Bozeman’s Storm Water Management Ordinance #1763. The SMP is independent of any other storm water permitting required from the State of Montana, and does not fulfill the requirement to obtain a Storm Water Pollution Prevention Plan (SWPPP) if they are required for this development. A copy of the Notice of Intent (NOI), the Storm Water Pollution Prevention Plan (SWPPP), and the approval letter from the Montana Department of Environmental Quality shall be submitted to the City. 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. u. 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. v. 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 condition shall be included on the final plat for the subdivision. w. The location of existing water and sewer mains shall be properly depicted. Proposed main 57 The Legends at Bridger Creek II, Phase II Subdivision – Findings of Fact and Order 10 extensions shall be noted as proposed. x. Flood plain: a) A Flood Plain Development Permit must be obtained from the City Engineer prior to any work being conducted within the limits of the delineated 100 year floodplain. b) The 100 year flood plain boundary and flood elevations must be depicted on the Final Plat. Fill shall be placed in the location of the “gaps” in the catch of the delineated boundary to approximate the historic boundary. y. The Montana Fish, Wildlife and Parks, Gallatin County Conservation District, 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. z. 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. aa. Project phasing shall be clearly defined including installation of infrastructure. bb. 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. cc. 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 38.39.020.A.1 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. dd. All construction activities shall comply with section 38.39.020.A.2. of the Unified Development Ordinance. This shall include routine cleaning/sweeping of material that is dragged to adjacent streets. The City may require a guarantee as allowed for under this section at any time during the construction to ensure any damages or cleaning that are required are complete. The developer shall be responsible to reimburse the City for all costs associated with the work if it becomes necessary for the City to correct any problems that are identified. ee. All proposed private utilities to serve the subdivision shall be shown on the public infrastructure plans and specifications. ff. Water rights or cash-in-lieu thereof shall be provided in accordance with Sec. 38.23.180 BMC Prior to final plat approval. D. Compliance with the local subdivision review procedures provided in Part 6 of the Montana Subdivision and Platting Act The hearings before the Planning Board and City Commission were properly noticed, as required by the Bozeman Unified Development Code. Based on the recommendation of the Development Review Committee and other applicable review agencies, as well as the public testimony received on the matter, the Planning Board forwarded a recommendation in a Resolution to the City Commission. E. Provision for easements for the location and installation of any planned utilities 58 The Legends at Bridger Creek II, Phase II Subdivision – Findings of Fact and Order 11 All utilities and necessary utility easements will be provided and depicted accordingly on the final plat for each phase. F. Provisions of legal and physical access to each parcel The proposed lots will gain access from frontage on internal local streets or alleys. The final plat shall include a public access easement for all areas labeled as common open space and for all streets/alleys if they are not dedicated to the public. X. After considering all matters of record presented at the public hearing, the City Commission found that the requested variance to the City of Bozeman Unified Development Code would comply with the variance criteria in Section 38.35.070, BMC and 76-3-506, MCA as justified in the Department of Community Development’s staff report. The City Commission then discussed the recommended conditions of approval and moved to approve the preliminary plat application subject to the conditions presented in Planning Board Resolution #P-13003. After further considering all matters of record presented at the public hearing the City Commission found that preliminary subdivision plat for the Legends at Bridger Creek II, Phase 2 Subdivision would comply with the primary review criteria, City of Bozeman Growth Policy, requirements of the Bozeman Unified Development Code and the Montana Subdivision and Platting Act if certain conditions were imposed. The evidence, as stated or referenced in this 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. ORDER THEREFORE, IT IS HEREBY ORDERED, on a vote of 5-0, that the Preliminary Subdivision Plat of the Legends at Bridger Creek II, Phase 2 Subdivision be approved, subject to the following conditions: 1. The Final Plat shall conform to all requirements of the Bozeman Municipal Code 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 three (3) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies; one (1) PDF copy; and five (5) paper prints. 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. 59 The Legends at Bridger Creek II, Phase II Subdivision – Findings of Fact and Order 12 2. The applicant shall submit with the application for Final Plat review and approval, a written narrative stating how each of the conditions of preliminary plat approval and noted code provisions have been satisfactorily addressed, and shall include a digital copy (pdf) of the entire Final Plat submittal. This narrative shall be in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. 3. The subdivider shall provide the necessary declaration and recitals creating the property owner’s association bylaws and/or declaration of covenants, conditions and restrictions as being part of the existing Legends at Bridger Creek II property owners association for said major subdivision. Any cost sharing agreements for maintenance shall be included with the final plat. 4. The final plat shall contain the following notation on its face or in a document to be recorded with the final plat: “Ownership of all common open space areas and trails, and responsibility of maintenance thereof and for city assessments levied on the common open space lands shall be that of the property owner’s association. Maintenance responsibility shall include, in addition to the common open space and trails, all vegetative ground cover, boulevard trees and irrigation systems in the public right-of-way boulevard strips along all external perimeter development streets and as adjacent to public parks or other common open space areas. All areas within the subdivision that are designated herein as common open space including trails are for the use and enjoyment by residents of the development and the general public. The property owner’s association shall be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all common open space areas and trails. At the same time of recording the final plat for each phase of the subdivision the subdivider shall transfer ownership of all common open space areas within each phase to the property owner’s association created by the subdivider to maintain all common open space areas within Legends at Bridger Creek, Phase II.” 5. Documentation of compliance with the parkland dedication requirements of Section 38.27.020, BMC shall be provided with the final plat. A table showing the parkland requirements for the subdivision and the method of meeting the parkland dedication shall be included on the final plat, or other recordable document acceptable to the City of Bozeman. This table shall include but not be limited to listing all dedicated parkland requirements, parkland or parkland credits and areas not credited towards parkland (i.e., detention/retention areas, watercourse setbacks, wetlands, common open space, parking facilities) and the total area of each. 6. The applicant shall provide a minimum of .78 acres of dedicated parkland or equivalent thereof with the major subdivision. This amount is calculated based on 26 single household residential lots at 0.03 acres per dwelling of dedicated parkland. 7. The applicant recognizes it must meet the parkland requirements of Sect. 38.27.020, BMC. The applicant also recognizes it seeks to use available parkland credits associated with the dedicated parkland within Legends at Bridger Creek II, Phase 1 including the dedicated city park known as the “5 acre park” and should therefore participate in the maintenance of such parkland. Therefore, the applicant shall, prior to final plat approval, work with the Legends at Bridger Creek II Association to arrive at an agreed upon method to ensure the applicant and any future property owner’s association created for this subdivision (including all its phases) 60 The Legends at Bridger Creek II, Phase II Subdivision – Findings of Fact and Order 13 succeeding in interest to the applicant contribute sufficient consideration to the Legends at Bridger Creek II on an equitable basis for the maintenance and upkeep of existing publicly dedicated parks and publicly accessible open space lands and trails located within the Legends at Bridger Creek II, Phase I. Prior to final plat approval, the applicant shall provide evidence that an agreed upon method has been established. The agreement may contain a provision that should the City create a park maintenance district for maintenance of areas subject to the agreement the agreement may terminate. The property owner’s association documents created for this subdivision shall include provisions describing the agreed upon method of contribution to the Legends at Bridger Creek II Association and binding property owners to contribute to the maintenance and upkeep of dedicated parks and publicly accessible open space lands as required by the agreement between the applicant and the Legends at Bridger Creek II Association. The provisions in the property owner’s association documents fulfilling this condition shall be considered required by the City Commission pursuant to 38.38.030.A.5, BMC. 8. The final plat, property owner’s association documents (POA), and park master plan may not include any reference to “dedicated” open space and Public Park; rather if the areas designated as such on the preliminary plat are to be common open space owned by the POA or a park owned by the POA, or a combination thereof the plat, POA documents and park master plan must specifically designate them as common open space owned by the POA, etc. unless the applicant intends to dedicate public parkland within the subdivision. 9. The definition for “parks” in the homeowner’s association documents shall not include reference to any lands being conveyed to the City of Bozeman or reference to “Public Park”, unless public parkland is being dedicated with this major subdivision. 10. Document #2278593 filed at the Gallatin County Clerk and Recorder shall be amended to remove reference to a 15’ rear yard setback for lots 69-71 and 76 through 121 on page 6 section 5.6. 11. The final plat shall provide all necessary utility easements and shall be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. Any rear or side yard utility easements not provided will require written confirmation from ALL utility companies providing service indicating that rear or side yard easements are not needed. 12. The remainder of the Legends at Bridger Creek II, Phase 2 of Tract 2 of Film 12 (page 825) shall be platted as an undevelopable lot in accordance with Section 38.39.080.B.6 BMC, with the following language placed on each undevelopable lot of the final plat “Lot development subject to further subdivision review.” No public improvements shall be required for the undevelopable lot until it is subdivided as a lot which is not subject to this restriction. This language shall be placed on the face of the plat or in a separate executed document to be recorded with the final plat: “NOTICE IS HEREBY GIVEN to all potential purchasers of Lot R, of the Legends at Bridger Creek II Subdivision Phase 2, City of Bozeman, Gallatin County, Montana, that the final plat of the subdivision was approved by the Bozeman City Commission without completion of on and off site improvements required under the Bozeman Municipal Code, as is allowed in Chapter 38.39 of the Bozeman Municipal Code. As such, this Restriction is filed with the final plat that stipulates that any use of this lot is subject to further subdivision, and no development of this lot shall occur until all on and off 61 The Legends at Bridger Creek II, Phase II Subdivision – Findings of Fact and Order 14 site improvements are completed as required under the Bozeman Municipal Code. THRERFORE, BE ADVISED, that Building Permits will not be issued for Lot R, of the Legends at Bridger Creek II Subdivision Phase 2, City of Bozeman, Gallatin County, Montana until all required on and off site improvements are completed and accepted by the City of Bozeman. No building structure requiring water or sewer facilities shall be utilized on this lot until this restriction is lifted. This restriction runs with the land and is revocable only by further subdivision or the written consent of the City of Bozeman.” 13. The sidewalks and trails within greenspace corridors shall be installed within public access easements. 14. Temporary cul-de-sacs shall be provided at the end of any dead end street longer than one lot deep that is created by phasing. 15. All rights of way that contain City utilities must be a minimum of 30’ wide, and cannot contain other utilities. 16. Unless a variance is approved by the Commission, all improvements necessary to provide adequate level of service at the analyzed intersections must be installed or financially guaranteed prior to filing of the plat. No building permits will be issued for a phase until all improvements required for the phase are installed and accepted. Approval must be obtained from the Montana Department of Transportation for all improvements along Bridger Drive. 17. The dedicated turn bays at the intersection of Bridger Drive and Northview Street recommended in the traffic study for the Legends Phase II preliminary plat must be installed or financially guaranteed prior to filing of the plat. No building permits will be issued until all improvements are installed and accepted. 18. The open space #10 sidewalk shall be moved away from the property lines in the open space subject to compliance with ADA and any other applicable laws. 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, MCA. The preliminary approval of this subdivision shall be effective for three (3) years from the date of the signed Findings of Fact and Order approval. At the end of this period the City may, at the request of the subdivider, grant individual extensions to its approval by the Community Development Director for a period of not more than two years, or for more than two years by the City Commission. 62 The Legends at Bridger Creek II, Phase II Subdivision – Findings of Fact and Order 15 DATED this day of , 2013. BOZEMAN CITY COMMISSION SEAN BECKER, Mayor ATTEST: APPROVED AS TO FORM: ____________________________ STACY ULMEN, City Clerk GREG SULLIVAN, City Attorney 63 64