HomeMy WebLinkAboutAuthorize Findings of Fact and Order for Ellis View Estates Subdivision
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Tom Rogers, AICP Wendy Thomas, Director of Community Development
SUBJECT: Ellis View Estates Major Subdivision Preliminary Plat P13019
Findings of Fact and Order MEETING DATE: December 16, 2013
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the
Ellis View Estates Subdivision Preliminary Plat, Application P13019. BACKGROUND: On November 4, 2013, the City Commission held a public hearing on an
application for preliminary plat approval for the Ellis View Estates Major 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 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 and Order as drafted.
2) Approval of the Findings of Fact and Order 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 at the time of issuance of building permits for individual lots along with City sewer and water connection fees.
Attachment: Findings of Fact and Order
Subdivision Preliminary Plat Report compiled on: December 5, 2013
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The Ellis View Estates Major Subdivision – Findings of Fact and Order 1
Return To:
City of Bozeman
City Clerk’s Office P.O. Box 1230 Bozeman, MT 59771-1230
BEFORE THE BOZEMAN CITY COMMISSION
IN THE MATTER OF THE APPLICATION OF
MAHAR MONTANA HOMES, INC FOR
PRELIMINARY PLAT REVIEW OF THE ELLIS VIEW
ESTATES MAJOR SUBDIVISION, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA
FINDING OF FACT
AND
ORDER
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 October 15, 2013, and before the Bozeman City Commission on November 4,
2013, on the above-entitled application. The applicant presented to the City Commission a
proposed preliminary plat to subdivide of 5.01-acres into nine lots for single household
construction with open space and park areas.
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 Wetlands Review 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:
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The Ellis View Estates Major Subdivision – Findings of Fact and Order 2
FINDINGS OF FACT
I.
The complete application for the preliminary plat review of the Ellis View Estates Major
Subdivision was submitted to the City of Bozeman Department of Community Development on
June 5, 2013. The preliminary subdivision plat, as proposed, will subdivide 5.01-acres into nine
lots for single household residential lots for development with open space and park areas. The
Application is associated with a Planned Unit Development (PUD) as required by R-S
(Residential Suburban) Zoning Districts (File No. Z13131). The subject property is legally
described as the Amended Plat of Lot 4A, Minor Subdivision No. 35-C, located in the North East
One-Quarter (NE ¼) of Section 25, Township 2 South (T2S), Range Five East (R5E), PMM,
City of Bozeman, Gallatin County, Montana. The property is generally located at 3601 Good
Medicine Way.
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 September 1, 2013, and the
site was posted with a public notice on September 29, 2013. Public notice was sent to adjacent
property owners via certified mail, and to all other property owners of record within 200 feet of
the subject property via first class mail, on September 29, 2013 this major subdivision staff
report was drafted and forwarded with a recommendation of conditional approval by the
Planning Director for consideration by the Planning Board.
III.
The City of Bozeman Planning Board heard the matter of preliminary plat review of The
Ellis View Estates Major Subdivision on October 15, 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, phasing, zoning,
existing infrastructure, physical features, and provisions for parkland.
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The Ellis View Estates Major Subdivision – Findings of Fact and Order 3
The Department of Community Development Staff reported that public comment had
been received prior to the hearing in response to the noticing on the matter of this preliminary
plat application which was entered in to the records and attached to the Staff Report.
IV.
The Planning Board then opened the public hearing portion for public comment on the
matter of the preliminary plat application. Numerous public comments were heard. Comments
focused on the neighborhood circulation and character, fencing, stormwater management,
sanitary sewer service and density of 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.
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 7-0 to
forward a recommendation of conditional approval to the Bozeman City Commission as set forth
in Planning Resolution No. P13019.
VII.
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, and physical features.
The Department of Community Development Staff reported that numerous public
comments had been received prior to the hearing in response to the noticing on the matter of this
preliminary plat application and were entered into the record and attached to the Staff Report.
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The Ellis View Estates Major Subdivision – Findings of Fact and Order 4
VIII.
The matter of the preliminary plat application for the Ellis View Estates Major
Subdivision was considered by the City Commission at a public hearing on November 4, 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-13019.
Mr. Mike Balch with C&H Engineering and Surveying, Inc., representing Mahar
Montana Homes, Inc., discussed the design of the subdivision, stowmwater management
program, open space and park areas, storm water retention design, sanitary sewer location, and
indicated the applicant’s agreement with the recommended conditions of approval.
IX.
The public hearing portion was then opened to hear public testimony on the matter of the
preliminary plat application. Public comment was heard on the proposed subdivision. Comment
focused on storm water retention/detention facilities affect on adjacent property, fencing, public
access to open space and the effort the subdivider did to accommodate the neighbors concerns
about the project, and the location of the sanitary sewer service. Seeing no further public
testimony, the City Commission then closed the public comment portion on the matter of the
preliminary plat application.
X.
The Applicant responded to public comment. Highlighting design elements and
conditions of approval of both the subdivision and planned unit development would address each
concern. The Applicant noted the agreement with the adjacent subdivision to the south,
Sundance Springs, to relocate the proposed location of the sewer service for the subdivision. He
noted there is an existing easement provided between Lot 25 and 25 of Sundance Springs Phase
1A (Plat J-256) for the undeveloped land to the north and east including the land for Ellis View
Estates. Lots 24 and 25 are developed with mature landscaping. The Subdivider secured an
alternative easement to the west of the existing location that better serves the subdivision and
mitigates impacts on the adjacent property owners. Finally, the Applicant stated the proposed
open spaces are private with public easements for connectivity to existing trail system. The
Applicant stated they are in agreement with the porposed conditions of approval for the
subdivision.
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The Ellis View Estates Major Subdivision – Findings of Fact and Order 5
XI.
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, Mont. Code Ann. and found as
follows:
A. Primary Review Criteria
1. Effects on Agriculture
The subject property is designated as a suburban residential area according to the City of
Bozeman Community Plan. The parcel is slightly larger than 5 acres in size and has no adjacent
property which could be incorporated into a farming unit. The small size is a substantial
limitation on the ability to establish financially viable agricultural uses. The area is zoned for
residential development and is within a residentially developed area. No recent agricultural activities have occurred on the subject property. In addition, the subject property was annexed in
to the City in October 2012 by Resolution A4415 and subsequently zoned R-S Residential
Suburban District through Ordinance No. 1845. Therefore, this subsequent subdivision will not
have adverse effects on agriculture.
2. Effects on Agricultural Water User Facilities There are two agricultural water user facilities on the property. The Applicant has addressed the
unnamed lateral of the Middle Creek Ditch located on the southeast corner of the property.. The
ditch will remain undeveloped within the proposed open space. All private lot lines will be a
minimum of 50’ from the north bank of the ditch. Therefore, there will be minimal affect on this
facility. A second water user facility is located on the western edge the property. Visual inspection
shows the ditch has culverts under Wagon Wheel Road to the north and Little Horse Drive to the
south. According to Craig White, all water rights and conveyance rights have been severed from
this ditch and are no longer in use. Please see the attached documentation. Although a culvert is
shown on the southern entrance of Ellis View Loop on the Preliminary Plat no culvert is necessary. Therefore, the proposed subdivision will have minimal impacts on agricultural water
user facilities
3. Effects on Local Services
Water/Sewer – Municipal water main in the area utilized for the Ellis View Subdivision includes
a 12-inch ductile iron pipe (DIP) located in South Third Avenue at the west subdivision boundary. An 8-inch DIP is purposed to be located under the purposed Ellis View Loop
connecting to the 12-inch main in South Third Avenue to the north and south of the subdivision.
Sewer mains will be installed under Ellis View Loop and will flow into the existing 8-inch main
located in Peace Pipe Drive near the southeast boundary of the subdivision. The sewer line will
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The Ellis View Estates Major Subdivision – Findings of Fact and Order 6
constructed and connect to existing service line in Peace Pipe Drive to the south in an easement
which will traverse the park and open space number 2. The sewer line will be constructed in the
Sundance Springs Phase 1A Open Space. The City Engineering Department has reviewed the
plans.
Streets – The Development Review Committee has determined that the adjacent streets have
capacity to accommodate this development. Ellis View Loop, a new subdivision road, will be
constructed to serve the development. Street design relaxations were requested through the
Planned Unit Development review and approval. Following new water and service line
installations to accommodate the new lots/development, the adjacent streets will be required to be repaired to City standards. All street improvements will be constructed to acceptable City
standards with curb, gutter, pavement, boulevard sidewalks and storm water facilities.
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.
Stormwater - 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 - The subdivision is required to undergo PUD review and approval. Through the PUD
review and procedure all parkland and open space will be determined and must exceed minimum standards. The Applicant has submitted a PUD application and is concurrently under review
(File No. Z13131). As noted on the preliminary plat approximately 26 percent of the gross area
of the development will be dedicated as Parkland or Open Space. The City Commission
required require that all private open space be open to the public.
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 existing protective covenants and compliance with the recommended conditions
of approval.
5. Effects on Wildlife and Wildlife Habitat
There are no known critical wildlife species on this property. The proposed development is
within a previously developed area designated for residential development. As shown on the
vicinity map the Gallatin Valley Sod, Inc. sod farm is across Third Street to the west which is not
productive wildlife habitat. The further subdivision of the existing lots will have minimal impacts on wildlife and 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
Development Review Committee which has determined that it is in general compliance with the title. Any other conditions deemed necessary to ensure compliance were noted within the staff
report.
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The Ellis View Estates Major Subdivision – Findings of Fact and Order 7
All subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, Mont. Code Ann.
As a result, the Department of Community Development reviewed the preliminary plat against
the listed criteria and further provided 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
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 UDC and shall be addressed with the final plat application:
1. Pursuant to Section 38.03.040.A 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. As a
single phase major subdivision, conditional approval of the preliminary plat for the Ellis View Major Subdivision shall in be force for two (2) 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 38.03.040.A.
2. Final plats shall contain the applicable language for all certificates listed in Sections 38.06.020 through 38.06.110. Pursuant to Section 38.41.070 a final subdivision plat may
not be approved by the city unless all certificates, with the exception of the director of
public service and the county clerk and recorder, have been complied with, signed and
notarized and all subdivision regulation and conditions of preliminary plat approval have
been met.
3. 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.
4. 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.
5. 38.23.060.B “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
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The Ellis View Estates Major Subdivision – Findings of Fact and Order 8
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.
6. Pursuant to Section 38.23.060.D.4, storm water runoff from a development shall not be discharged directly to an irrigation facility.
7. 38.23.080 “Grading and Drainage” - Proposed storm water facilities must be constructed
and contained on an individual lot as a common area(s) owned and maintained by the
property owner’s association and noted accordingly in the protective covenants.
8. 38.23.120 - 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.
9. 38.26.050.E “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.
10. 38.26.070 “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 sewer 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.
11. 38.27.110 – Pathways must be maintained by the developer in conformance with the
approved maintenance plan until 50% of the lots are sold. Thereafter, the homeowner’s
association is responsible for pathway maintenance. Plans and specifications for the trail will need to be reviewed by the Parks Department prior to construction. A 6-foot wide
Type II Class trail is recommended with the placement appropriate pedestrian crossings at
all intersections with interior subdivision streets. A typical cross section of the public trail
shall be included in the landscape guidelines and will include trail specifications, typical
landscape guidelines, and site grading plans for review and approval prior to final plat approval.
12. 38.38.020 and 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 Department of Community
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The Ellis View Estates Major Subdivision – Findings of Fact and Order 9
Development. These covenants shall contain, but not be limited to, the following items: 1)
guidelines that outline architectural and landscape guidelines for each individual lot and/or
phase of the subdivision, including placement of boulevard trees, 2) common area
maintenance provisions including landscape details and maintenance provisions for boulevard irrigation and trees, 3) noxious weed control, 4) parking within residential
structures, 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.
13. 38.39.030 “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.
14. 38.39.030.B.2 “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.”
15. 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.
16. 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.
17. 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.
18. 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 Code. 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.
19. All construction activities shall comply with section 38.39.020.A.2. of the Unified
Development Code. This shall include routine cleaning/sweeping of material that is
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The Ellis View Estates Major Subdivision – Findings of Fact and Order 10
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.
20. 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.
21. 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.
Engineering
22. Storm water Master Plan:
A Storm water 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 to the storm water receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin site, drainage ways and finished lot
grades), typical storm water detention/retention basin and discharge structure details, basin
sizing calculations and a storm water 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 storm water 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. Storm
water 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.
23. 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
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The Ellis View Estates Major Subdivision – Findings of Fact and Order 11
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. All plans and specification shall comply with the current version (including all
addenda) of the City of Bozeman Design Standards and Specifications Policy and the City
of Bozeman Modifications To Montana Public Works Standard Specifications Sixth
Edition that have been adopted at the time of approval of the plans and specifications.
No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure
improvements.
24. 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.
25. The location of existing water and sewer mains shall be properly depicted. Proposed main extensions shall be noted as proposed.
26. The Montana Fish, Wildlife and Parks, SCS, Montana Department of Environmental
Quality and Army Corps of Engineer's shall be contacted regarding the proposed project
and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior
to FSP approval.
27. Ditch relocation:
a. The Montana Fish, Wildlife and Parks shall be contacted by the Applicant regarding
the proposed relocation and any required permits (i.e., 310, 404, Turbidity
exemption, etc.) shall be obtained prior to FSP approval.
b. The Applicant shall comply with all parts of section 38.23.060.D for any ditch relocation.
28. 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.
29. Project phasing shall be clearly defined including installation of infrastructure.
30. 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.
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The Ellis View Estates Major Subdivision – Findings of Fact and Order 12
31. 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.
32. 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.
33. All proposed private utilities to serve the subdivision shall be shown on the public infrastructure plans and specifications.
34. Water rights or cash-in-lieu thereof shall be provided in accordance with Sec. 38.23.180
BMC Prior to final plat approval.
35. Prior to acceptance of publically owned infrastructure, the contractor shall provide a
Maintenance Bond with the developer/owner equal to 20% of the actual cost of the improvements to correct any deficiencies in workmanship and/or materials which are found
during the two year warranty period. The City of Bozeman shall be named as dual oblige
on the bond.
D. Compliance with the local subdivision review procedures provided in Part 6 of the Montana Subdivision and Platting Act
A subdivision pre-application was submitted on October 9, 2012. The pre-application was
reviewed by the DRC on October 24 and 31, 2012 and summary review comments were
forwarded to the applicant in preparation of the preliminary plat application.
A complete preliminary plat application was submitted on June 5, 2013 and deemed acceptable for initial review on August 9, 2013 after omitted submittal materials were received by the
Department. The preliminary plat was reviewed by the DRC on June 19, June 26, August 28,
and September 1, 2013. On August 21, 2013 the DRC and Staff determined the submittal
contained detailed, supporting information that is sufficient to allow for the review of the
proposed subdivision.
Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday,
September 1, 2013. The site was posted with a public notice on September 29, 2013. Public
notice was sent to adjacent property owners via certified mail, and to all other property owners of
record within 200 feet of the subject property via first class mail, on September 29, 2013 this
major subdivision staff report was drafted and forwarded with a recommendation of conditional approval by the Planning Director for consideration by the Planning Board. On October 25,
2013 this major subdivision staff report was drafted and forwarded with a recommendation of
conditional approval by the Planning Director for consideration by the City Commission with
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The Ellis View Estates Major Subdivision – Findings of Fact and Order 13
public comment letters attached. The City Commission is scheduled to make a final decision at
their November 4, 2013 public hearing. The final decision for a Major Subdivision Preliminary
Plat must be made within 60 working days of the date it was deemed complete or in this case by
November 15, 2013.
E. Provision for easements for the location and installation of any planned utilities
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
All of the proposed lots have frontage to the Ellis View Loop with lot frontage established through the Planned Unit Development shown on the preliminary plat.
XII.
After considering all matters of record presented at the public hearing, the City
Commission found that preliminary plat for The Ellis View Estates Major 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. The Commission moved to amend the conditions
of approval to include that all open space be open to the public. The motion was seconded. The
motion passed (5:0), unanimously.
ORDER
THEREFORE, IT IS HEREBY ORDERED, on a vote of 5-0, that the Preliminary
Subdivision Plat of The Ellis View Estates Major Subdivision be approved, subject to the
following conditions:
1. The final plat shall conform to all requirements of the Bozeman Municipal Code (BMC)
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 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.
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The Ellis View Estates Major Subdivision – Findings of Fact and Order 14
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. The subdivider
shall incorporate a property owner’s association (POA) for maintenance of all common
open space, storm water facilities, trails, boulevard sidewalks, and boulevard landscape
with each parcel having its own description like open space parcel A which corresponds to
the labels on the plat face. Unless specifically listed in the Certificate of Dedication, the city accepts no responsibility for maintaining the same. The final plat shall contain the
appropriate Certificate of Transfer of Ownership & Completion of Non Public
Improvements, as approved by the City, and maintenance by the property owner’s
association for all common open space areas, trails, storm water facilities, boulevard
sidewalks and boulevard landscape, etc.
3. The final plat application for the subdivision shall include typical cross sections for each
storm water facility in relation to adjacent subdivision improvements and physical features
(i.e., Middle Creek Ditch watercourse, Good Medicine Way), plans verifying placement of
the facility only in Zone II of the watercourse setback, typical landscape and grading details
for each storm water facility, and landscape plans for each facility outlet. The cross sections shall be approved by the city prior to final plat approval.
4. 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.
5. All water and sewer service lines shall be located in the standard location as approved by
the water/sewer superintendent.
6. Street cut permits shall be obtained for all work performed for the water and sewer service
line taps.
7. South Third Avenue shall be returned to an acceptable condition once the water and sewer service line taps have been completed.
8. A 1’ wide no access strip shall be provided along the entire lot frontage of South 3rd
Avenue.
9. Unless a relaxation is granted by the City Commission, the east half of South 3rd Avenue
shall be constructed to a collector standard as shown in the Greater Bozeman Area Transportation Plan alone the entire frontage of the subdivision. This shall include tapers
meeting AASHTO standards to transition back to the existing roadway width on the north
and south.
10. The master planned 12” trunk sewer main shall be installed along the entire frontage of the
subdivision as shown on the Wastewater Facility Plan unless a relaxation is granted by the City Commission.
11. An all weather access road shall be provided to all manholes that are located outside a
street or parking area unless a relaxation it granted by the City Commission.
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The Ellis View Estates Major Subdivision – Findings of Fact and Order 15
12. The remaining water rights, or cash in lieu thereof due for the property shall be paid with
the filing of the final plat.
13. All open space areas shall be titled “Open Space, Public Access”. Said note shall appear on
the face of the plat.
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.
DATED this ________day of , 2013.
BOZEMAN CITY COMMISSION
SEAN BECKER, Mayor
ATTEST: APPROVED AS TO FORM:
STACY ULMEN, City Clerk GREG SULLIVAN, City Attorney
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