HomeMy WebLinkAbout13- Lot 4, Spring Creek Villiage Major Subdivision Findings of Fact 2467911
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Charlotte Mills - Gallatin County, MT MISC
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Clerk
P.O. Box 1230
Bozeman, MT 59771-1230
BEFORE THE BOZEMAN CITY COMMISSION
IN THE MATTER OF THE APPLICATION OF THE FINDINGS OF FACT
LOT 41 SPRING CREEK VILLAGE MAJOR SUBDIVISION AND ORDER
PRELIMINARY PLAT, WITH VARIANCE FOR BLOCK
WIDTH FOR BLOCK 5, 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 Municipal
Code,public hearings were scheduled, after notice given,before the Bozeman Planning Board on
September 3, 2013, and before the Bozeman City Commission on September 23, 2013, on the
above-entitled application. The applicant presented to the City Commission a proposed
preliminary plat to subdivide an existing platted lot containing approximately 20 acres into 22
lots and two open space parcels (for stormwater management) for property located at the
northwest comer of Huffine Lane and Resort Drive, The application included a request for a
variance to block width for Block 5 of the proposed subdivision.
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:
Lot 4, Spring Crock Village M Major Subdivision—Findings of Fact and Order
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FINDINGS OF FACT
I.
The complete application for the preliminary plat review of the Lot 4, Spring Creek
Village Major Subdivision was submitted to the City of Bozeman Department of Community
Development on July 3, 2013. The preliminary subdivision plat, as proposed, will subdivide
19.9621± acres and create a major subdivision containing twenty-two (22) lots for commercial
development. The application included a variance request to block width for Block 5 of the
proposed subdivision. The subject property is legally described as Lot 4, Minor Subdivision No,
295A located in the SW '14 of Section 10, T2S, R5E, PMM, City of Bozeman, Gallatin County,
Montana.
Ih
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 August 25, 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 01 adjoining property owners on
August 23, 2005.
The City of Bozeman Planning Board heard the matter of preliminary plat review of the
Lot 4, Spring Creek Village Major Subdivision on September 3, 2013. The Planning Board
found that the application was properly submitted and reviewed under the procedures of the City
of the Unified Development Code, Chapter 3 8, 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, zoning, existing
infrastructure,road and traffic provisions,physical features and variance request.
The Department of Community Development Staff reported that no public comment had
been received prior to the hearing in response to the noticing on the matter of this preliminary
plat application.
Lot 4, Spring Creek Village M Major Subdivision-Findings of Fact and Order
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Jarni Morris, representing Spring Creek Village, LLC, discussed the requested block
width variance and indicated they were available to answer any questions the Planning Board
may have.
IV.
The Planning Board then opened the public hearing portion for comment on the matter of
the preliminary plat application. One member of the general public provided oral testimony on
the matter of the preliminary plat application regarding traffic from the proposed subdivision
impact Fallon Street.
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 Municipal Code and the adopted growth
policy, the Planning Board reviewed and considered the facts against the criteria related in Title
76-3-609,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.
V1.
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 7-0 to
forward a recommendation of conditional approval to the Bozeman City Commission for the
preliminary plat, including a recommendation of approval for the block width variance, as set
forth in Planning Resolution No, P13421.
VII.
The matter of the preliminary plat application for the Lot 4, Spring Creek Village Major
Subdivision was considered by the City Commission at a public hearing on September 23, 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. P13021.
Lot 4, Spring Crecy Village M Major Subdivision- Findings of Fact and Order
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Jami Morris, representing Spring Creek Village, LL,C, indicated that they were in support
of the recommended conditions of approval and would like alternate condition #11 to be
approved by the Commission pertaining to the sidewalks for the underlying subdivision and
discussed their rationale for the requested block width variance.
Ileana Indreland, co-owner of Spring Creek Village, LLC, indicated that this project was
over twenty years in the making and thanked staff for helping them along with the project.
Vill.
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 provided oral testimony on the
matter of the preliminary plat regarding traffic concerns and the previous action to rezone this
property to B-2 (Community Business District). 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 subject property is designated as Community Commercial Mixed Use according to the City
of Bozeman Community Plan. The subject property is zoned for commercial development and is
not in agricultural production. Therefore, this subdivision will not have adverse effects on
agriculture.
2) Effects on Agricultural Water User Facilities
There are no agricultural water user facilities located on the subject property,
3) Effects on Local Services
WaterlSewer-Municipal water and sewer mains exist in the adjacent street right-of-ways.
The applicant has provided the necessary water and sewer design report for review by the City
Water/Sewer and Engineering Departments.
Lot 4, Spring Creek Village M Major Subdivision-Findings of Fact and Order
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Engineering Condition 46 addresses the fact that this property is located within the Valley West
Sewer Special Improvement District (SID) and the specific sewer allocations for the property.
Final approval of the water distribution system and sewage collection/disposal system will be
obtained through normal approval procedures of preliminary and final plat review by the City
Engineering Department, Superintendent of Water/Sewer, and Montana Department of
Environmental Quality.
Streets — The DRC has determined that the adjacent streets have capacity to accommodate this
development. The proposed subdivision is bound by Huffine Lane (arterial)to the south, Resort
Drive (local) to the east and Fallon Street (local) to the north. All three roads have been
previously improved to the City's street standards (with the exception of sidewalks). The
proposed subdivision improvements will include the installation of three local streets: Park
Avenue, Valley Commons Drive and Field Street constructed to current City design standards.
Two of the new street accesses are proposed from the subdivision onto Resort Drive and one is
planned onto Huffine Lane. 'The Huffine Lane access was granted by the Montana Department of
Transportation (MDT) during a previous right-of-way acquisition transaction. The accesses onto
Resort Drive are full access, Both approaches onto Huffine Lane from Resort Drive and Park
Avenue are limited access. The Park Avenue approach is limited to right in and right out only
and the Resort Drive approach is limited to left in, right in and right out. The ownership and
maintenance of Fallon Street, Field Street, Valley Commons Drive and Park Avenue will be
accepted by the City of Bozeman. Any internal drive aisles, parking lots, alleys or drive accesses
within the private lots of the subdivision shall be maintained by the property owners association.
A traffic impact study was completed by Abelin Traffic Services and was included in the
applicant's submittal materials. The traffic impact study found that "the intersection of Babcock
and Ferguson is nearing its Junctional capacity as a two-way stop controlled intersection and
may need to be rnodified to a four-way stop, " City Engineering reviewed this finding and found
that converting the intersection of Babcock and Ferguson from a two-way stop to a four-way
stop would further degrade the overall level of service of the intersection to an unacceptable
level. Staff has made the finding that no offsite improvements are necessary for the subdivision.
Lot 4, Spring Creek Village M ME tor Subdivisim—Findings of Fact and Order
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E ngineering Condition 415 addresses required waivers of right to protest requirements in regards
to future street or intersection improvements.
Police/Fire — The property is located within the City's Police and Fire emergency response
area. The subdivider must obtain addresses for the new lots from the City Engineer's Office
prior to filing the final plat to facilitate emergency response to the site.
Stormwatet-— The applicant submitted a preliminary design report for stormwater management
for review by the City Engineering Department. The standard requirement for a detailed review
of the final grading and drainage plan, and approval by the City Engineer, will be required as
part of the infrastructure plan and specification review process prior to final plat approval,
Parklands — As a commercial subdivision with no residential units being proposed, no
dedicated parkland is required with this subdivision.
4) Effects on the Natural Environment
No significant physical or topographical features have been identified, (e.g., outcroppings,
geological formations, steep slopes), on the subject property. Provisions will be made to address
the control of noxious weeds and maintenance of the property and will be further addressed by
inclusion in the protective covenants and compliance with the recommended conditions of
approval.
5) Effects on Wildlife and Wildlife Habitat
There are no key wildlife species or known key wildlife habitats existing on the property.
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
Development Review Committee which has determined that it is in general compliance with the
title. Any other conditions deemed necessary to ensure compliance have been noted throughout
the staff report. In addition, all subdivisions must be reviewed against the criteria listed in 76-3-
608.3.b-d, M.C.A. and as a result, the Development Review Committee and Department of
Community Development have reviewed the preliminary plat 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
Lot 4, Spring Creek Village M Major Subdivision—Findings of Fact and Order
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The preliminary plat has been prepared in accordance with the survey requirements of the
Montana, Subdivision and Platting Act by a Professional Engineer registered in the State of
Montana. As noted in condition fl, the final plat must comply with State statute and the
Bozeman Municipal Code.
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 Municipal Code (BMC) and shall be
addressed with the final plat application:
a. Pursuant to Section 38.03.040,.A 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
maior subdivisions and three years for multi-phased major subdivisions.As a s,ingle-phased
subdivision, conditional approval of the preliminary plat for the Lot 4, Spring Creek Village
Resort Major Subdivision shall in be force for two years. Prior to that expiration date,the
developer may submit a letter of request for the extension of the period to the Community
Development Director with each request considered on its individual merits and consideration of
the criteria provided in 3 8.03.040.A BMC.
b. Final plats shall contain the applicable language for all certificates listed in Sections
38,06.020 through 38-06.110 BMC.
c. 38,23.050 BMC"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.
d. 38.23.060.B BMC "Private Utilities"—The final plat and property owners' 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 to be
noted on the final plat for each typical subdivision lot/block, exclusive of notations on the final
plat.
c. 38,23.080.D BMC "Stormwater retention/detention facilities"— Stormwater retention or
detention ponds shall be maintained by the property owners association.
f. Section 38.23.080.11 BMC "Stormwater retention/detention facilities"—Storinwater
retention/detention facilities in landscaped areas shall be designed as landscape amenities. They
shall be an organic feature with a natural, curvilinear shape. The facilities shall have 75 percent
Lot 4, Spring Creek Village M Major Stibdivisim—Fijiditigs of Fact and Order
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of surface area covered with live vegetation appropriate for the depth and design of the
retention/detention facility, and be lined with native grasses,indigenous plans, wet tolerant plant
types and groupings of boulders to create a functional,yet natural site feature. A cross section
and landscape detail of each facility shall be submitted with the final landscape plan for review
and approval. Facilities with a slope up to and including a ten percent grade may be grassed and
irrigated to blend into the adjacent landscaped area,
g. 38.23.120 BMC "Mail" If mail will not be 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
plow any mail delivery area constructed within a City right-of-way.
h. 38.26.0501 BMC "Street Frontage"—The property owners' 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
locates is required 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 should be a mulch ring 3%4' in diameter around each newly planted boulevard tree.
i. 38.26.070 BMC "Landscaping of Public Lands" -Requires the subdivider to install
irrigation,turf grass and street trees on all external streets. Street trees may not be located within
10 feet of sower and water services. Sewer and water services shall be shown on the landscaping
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.
j. 38.38,020 and 38.38,030 BMC "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 Department of Community Development, These
covenants shall contain,but not be limited to, the following items: 1) provisions for snow
removal, 2)guidelines that outline architectural and landscape guidelines for each individual lot
and/or phase of the subdivision, including placement of boulevard trees, 3) common area
maintenance provisions including landscape details and maintenance provisions for boulevard
irrigation and trees, 4)noxious weed control,and 5) 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,
Lot 4, Spring Creek Village M Major Subdivision— Findings of Fact and Order
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k. 38.39.030 BMC "Completion of Improvements" - If it is the developers 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,
1. 38.39.030.B.2 BMC "Sidewalks"—The final plat and property owners' 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,"
in. 38.41,050.A.8 BMC 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 Comm-unity Development Department prior to final plat approval.
n. Irrigation System As-Builts. The developer shall provide irrigation system as-builts for all
irrigation installed in public rights-of-way 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 box.
o. That the applicant obtains 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.
p, The subdivider shall ensure that all construction material 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.
q. The developer shall make arrangements with the City Engineering Department to provide
addresses for all individual lots in the subdivision prior to filing of the final plat.
r. Section 38.41.080.2.g.9 BMC requires 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.
s. The master plan must depict the maximum sized retention/detention basin location,and
locate 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 sites, drainage ways, and lot finished grades),
typical stormwater retention/detention basin and discharge structure details,basin sizing
calculations, and a stormwater maintenance plan.
1. Any stormwater ponds located within park or open space shall be designed and constructed
so as to be conducive to the normal use and maintenance of the park or open space. Storm water
ponds shall not be located on private lots.
u. Detailed review of the final grading and drainage plan and approval by the City Engineer will
be required as part of the infrastructure plan and specification review process.
Lot 4, Spring Creek Village M Major Subdivision—Riding's of Fact and Order
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v. Section 38.23.070 BMC specifies that the developer's engineer will be required to prepare a
comprehensive design report evaluating existing capacity of water and sewer utilities which must
be provided to and approved by the City Engineer. The report must include hydraulic evaluations
of each utility for both existing and post-development demands. The report findings must
demonstrate adequate capacity to serve the full development. The report must also identify the
proposed phasing of water and sewer construction. If adequate water and/or sewer capacity is not
available for full development, the report must identify necessary water system and sewer system
improvements required for full development. The developer will be responsible to complete the
necessary system improvements to serve the full development.
w. All water mains over 500 feet in length must be looped.
x. Section 38.23.180 BMC outlines that all lots shall resolve the matter regarding-water of
rights at the time of their development. The applicant is required to produce an estimate for the
annual water consumption for each facility at full build out. This water consumption rate will be
reviewed by the Engineering Department to determine the final amount for cash-in-lieu of water
rights for each phase of development. The developer may also provide a transfer of the
equivalent required water rights. Any water right proposed to be transferred to city ownership
should be submitted for review as early as possible so the value can be determined without
hindering the final plat process.
An alternative that would be available for this development is the utilization of a non-potable
water source for irrigation. The final design and concept of this system would require approval
by the City engineering department and could decrease the cash-in-lieu fees calculated for this
development.
y. Section 38.41.080.g.7 BMC requires the location of and distinction between existing and
proposed sewer and water mains and all easements shall be clearly and accurately depicted on
the plans and specs, as well as all nearby fire hydrants and proposed fire hydrants.
z. Section 38.23,060.c BMC specifies any easements needed for the-water and sewer main
extensions shall be a minimum of 30 feet in width. While the final location of the water and
sewer mains will be determined once the final street widths are approved, in no case shall the
utility be less than 10 feet from the edge of the easement. All necessary easements shall be
provided prior to final plat approval and shall be shown on the plat. Wherever water and/or
sewer mains are not located under or accessed from improved streets, a 12 foot wide all weather
access drive shall be constructed above the utilities to provide necessary access.
aa. Section 32.23.070 BMC specifies plans and Specifications 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.
bb.No building permits shall be issued prior to City acceptance of the required infrastructure
improvements unless concurrent construction is granted.
Lot 4, Spring Creek Village M Major Subdivisim—Findings of Fact and Order
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cc, City standard curb, gutter and sidewalk shall be provided along all streets in the subdivision,
Per Section 38.24.080 BMC sidewalks will be installed prior to occupancy of any individual lots.
dd. Project phasing shall be clearly defined on the infrastructure plans and specifications
including installation of infrastructure.
ee. If concurrent construction will be used in the development of this subdivision, all criteria
in Section 38.39,030.1) BMC must be met. In addition a formal request for concurrent
construction must be received during this review of the preliminary plat.
ff. Section 38.41.020 BMC outlines additional permits that maybe required beyond what is
administered by the City of Bozeman. 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 pen-nits (i.e., 310, 404,Turbidity
exemption, etc.) shall be obtained prior to plan and specification approval.
gg. 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 BMC. This
shall be submitted as part of the final site plan for site developments, or with infrastructure plans
for subdivisions. It shall be the responsibility of the applicant to ensure that the construction
traffic follows the approved routes.
hh, All construction activities shall comply with Section 38,39.020.A.2 BMC, 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.
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 Municipal 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 casements for the location and installation of any planned utilities
As required under Section 38.23.060.A BMC, all easements, existing and proposed, shall be
accurately depicted and addressed on the final plat and in the final plat application. Therefore, all
utilities and necessary utility easements will be provided and depicted accordingly on the final
plat.
F. Provisions of legal and physical access to each parcel
Lot 4, Spring Creek Village M Major Subdivision—Findiugs of Fact and Order
All of the proposed lots have frontage to adjacent perimeter streets meeting minimum standards.
Vehicular access to each lot is proposed via shared access easements to reduce curb cuts to
perimeter streets.
X.
The City Commission considered the Applicant's request for a variance from Section
3 8.23.040,.0 BMC "Block Width" for Block 5 of the proposed subdivision.The proposed lot
width of Block 5 is approximately 709 feet. The requested variance is for approximately 309
feet. The criteria for granting subdivision variances under Section 38.35.070 BMC apply. In
acting on an application for a variance,the review authority shall designate such lawful
conditions as will secure substantial protection for the public health, safety and general welfare,
and shall issue written decisions setting forth factual evidence that the variance meets the
standards of MCA 76-3-506 in that:
I. The granting of the variance will not be detrimental to the public health, safety, or
general welfare,or be injurious to other adjoining properties;
The applicant indicated in their variance request that "the block is planned for development
as a lodge with recreational facilities. In order to meet the block width requirements, the
north to south street would have to extend through to Fallon Street. The extension of Park
Avenue through Block 5 would break up the cohesiveness of the development and bdsect the
putting green. 777e wider block is not detrimental to public health, safety or general welfare
or injurious to adjoining properties. The north to south road does not align with any planned
roads north or south of the development and only provides internal lot access. To the south
(across Huffine Lane) the road will approximately align with the private access for Allied
Waste. To the north (across Fallon Street) the property is vacant and the developed property
further north in Valley West already has a norihIsouth road installed and it aligns more
closely with the western edge of the development."
The City Commission considered the applicant's variance request and the justification
provided in the application and found that there was sufficient evidence and documentation
to grant the variance request. This support was also based on the following:
Lot 4, Spring Creek Village M Major Subdivision—Findings of Fact and Order
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1) The applicant has, at the recommendation of the Development Review Committee,
incorporated a north to south public sidewalk and easement across Lot 5 from Field Street
to Fallon Street into the Block 5 design. This will assure that public pedestrian access is
still accommodated across this wider block.
2) At the request of the Development Review Committee, and specifically the Fire
Department, the applicant has amended their Block 5 site plan design to incorporate
secondary emergency access provisions from Field Street into this block to provide
needed public safety access provisions. These secondary access provisions are shown on
the applicant's site plan application,being reviewed under project Z13155,
2. Because of the particular physical surroundings, shape or topographical conditions of
the specific property involved, an undue hardship to the owner would result if strict
interpretation of this chapter is enforced;
The applicant indicated in their variance request that"strict interpretation of the block width
would result in an undue hardship to the owner. Enforcing the block width reduces the
opportunity for a resort development with recreational uses. Extending a road north to south
will not align with anything north or south so there does not appear to be a valid reason to
enforce the text. "
Based on the above argument, considering the layout of the adjoining streets and properties
and with the pedestrian and emergency access design considerations that have been made for
Block 5 as noted above,the City Commission was supportive of the variance under this
criteria.
3. The variance will not cause a substantial increase in public costs;
The applicant indicated in their variance request that"approval of the variance will not result
in an increase in public costs. Although the north to south street is a public street it will he
privately maintained, Therefore, the extension of Park Avenue does not impact public costs. "
The City Commission determined that a block width variance in this case is not envisioned to
result in any increased public costs now or in the future.
Lot 4, Spring Creek Village M Major Subdivision—Findings of Fact and Order
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4. The variance will not,in any manner, place the subdivision in noncorformance with any
other provisions of this chapter or with the city's growth policy.
The applicant indicated in their variance request that "allowing the variance to the block
width requirements will not be in conflict with any other provisions in the ordinance. The
extension of the north to south street will not aid in connectivity. Rather the extension of the
road would likely generate additional cut-through traffic within the development rather than
forcing the traffic to utilize Cottonwood Road(arterial) and Ferguson Avenue (collector). "
The City Commission determined that a block width variance in this case is not identified to
place the subdivision in non-conformance with any other pro-visions of the BMC or the
Bozeman Community Plan. The extension of the north to south road is not needed to assure
access or utility connections for the vacant property to the north(across Fallon Street) and
this roadway is not indentified for construction on the City's adopted Transportation Plan.
In conclusion,the Commission found that the requested variance met the criteria for the
granting of a variance under the criteria of Section 38.35.070 and-voted 4-1 to approve a variance
to Section 38,23. 40.0 BMC"Block Width"for Block 5 of the proposed subdivision.
X1.
After considering all matters of record presented at the public hearing,the City
Commission found that the preliminary plat for the Lot 4, Spring Creek Village Resort Major
Subdivision would comply with the primary review criteria, City of Bozeman Growth Policy,
requirements of the Bozeman Municipal 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 Lot 4, Spring Creek Major Subdivision be approved, subject to the
following conditions:
I The final plat shall conform to all requirements of the Bozeman Municipal Code (BMQ
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
Lot 4, Spriiig Creek Village M Major Subdivision—Findings of Fact and Order
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for public improvements were received, a platting certificate, and all required 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 BMC or State law.
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 final plat shall provide all necessary utility easements and shall be described,
dimensioned and shown on 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.
4. The final plat and property owner's association (POA) documents may not include any
reference to "dedicated" or "public" common open space; rather if the areas designated as
such on the preliminary plat are to be common open space owned by the POA, the POA
documents and final plat must specifically designate them as common open space owned
and maintained by the POA in a final plat notation. The common open space may or may
not be public access. If public access is allowed in the common open space it shall be stated
in the plat note.
5. 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.
6. This property is included in the Valley West Sewer SID. The total average daily flow
allocated to the property was 34,100 gpd (including infiltration). The Sewer and Water
design report estimate a total flow of 39,924 gpd at total build out of this development.
Future development of the property shall be limited to the Valley West Sewer SID allocation
until such time as the new trunk sewer main to serve this property is installed as shown in the
Wastewater Facility Plan.
7. Street names must be approved by the City Engineer and Gallatin County Road Office prior
to final plat approval.
8. All streets contained within the subdivision shall be within dedicated public right of way and
built to city standards.
9, Proposed typical sections for streets for this development shall be provided prior to
preliminary plat approval.
10. A one foot no access strip shall be recorded on the final plat restricting access for any lots
fronting onto Huffine Lane.
Lot 4, Spring Creek Village M Major Subdivision— Findings of Fact and Order
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11. The sidewalks for the underlying subdivision are beyond the three year time frame for
installation. Acknowledging the applicant's letter of September 5,2013,the shared use
pathway along Huffine Lane shall be constructed for this property, as well as the adjoining
property to the east,to complete the connection to Ferguson Road as part of the initial
infrastructure for this subdivision. The remaining uncompleted sidewalks for the other lots
within the underlying Spring Creek Village Resort Minor Subdivision shall be completed
within three years of the approval of this preliminary plat and shall be subject to an updated
improvements agreement and financial guarantee in accordance with the requirements of the
BMC.
1.2, Secondary accesses will be required with each individual phase of this development as the
project proceeds from one phase to the next.
13. All proposed curb bulbs will require a minimum throat width of 24' in accordance with City
of Bozeman design standards,
14, The location of mailboxes shall be coordinated with the City Engineering Department prior
to their installation.
15. The Certificate of Dedication provided for the final plat shall match the standard language
required within the Bozeman Municipal Code. As currently drafted nonstandard language
that does not pertain to the subdivision is included in the Certificate of Completion of
Improvements section.
16. The applicant shall provide and file with the County Clerk and Recorder's office executed
Waivers of Right to Protest Creation of Special Improvement Districts (SID's) for the
following:
a. Street improvements to West Babcock Street including paving, curb/gutter, sidewalk,
and storm drainage (unless currently filed with the property).
b. Street improvements to Cottonwood Road including paving, curb/gutter, sidewalk,
and storm drainage (unless currently filed with the property).
c. Street improvements to West Ferguson Avenue including paving, curb/gutter,
sidewalk,and storm drainage (unless currently filed with the property).
d. Street improvements to Huffine Lane including paving, curb/gutter, sidewalk, and
storm drainage (unless currently filed with the property).
e. Signalization of the intersection of Ferguson Avenue and West Babcock Street,
f. Signalization of the intersection of Cottonwood Road and West Babcock Street.
The document filed shall specify that in the event an SID is not utilized for the
completion of these improvements,the developer agrees to participate in an alternate
financing method for the completion of said improvements on a fair share, proportionate
basis as determined by square footage of property,taxable valuation of the property,
traffic contribution from the development, or a combination thereof.
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
Lot 4, Spring Creek Village M Major Subdivision-Findfiigs of Fact and Order
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Commission, by following the procedures of Section 76-3-625, MCA. The preliminary approval
of this subdivision shall be effective for two (2) 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.
DATED this day of C)Ov�b'o `sue 2013.
BOZEMAN CITY COMMISSION
SEAN ECKER,Mayor
e.
AT
APPROVED AS TO FORM:
'
Qty Clerk Cr S LL LLIVAN, City Attorney
Lot 4, Spring Creek Village M Major Subdivision- Findings of Fact ai)d Order
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