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HomeMy WebLinkAbout12-10-07_Authorize the Mayor to sign the Findings of F65432_10 Report compiled on December 4, 2007 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Dave Skelton, Senior Planner SUBJECT: Allison Subdivision, Future Phases Findings of Fact and Order #P-06051 Consent Item MEETING DATE: December 10, 2007 RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the preliminary plat of Allison Subdivision, Future Phases. BACKGROUND: On April 2, 2007, the City Commission held a public hearing on an application for preliminary plat approval of Allison Subdivision, Future Phases. The Commission approved the proposed subdivision, subject to conditions 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. 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. UNRESOLVED ISSUES: There are no unresolved issues at this time. ALTERNATIVES: As suggested by the City Commission CONTACT: Please feel free to email Dave Skelton at dskelton@bozeman.net if you have any questions. Respectfully submitted, _________________________________ _________________________________ Andrew Epple, Planning Director Chris Kukulski, City Manager ATTACHMENTS: Findings of Fact and Order Preliminary Plat of Allison Subdivision, Future Phases 66 Allison Subdivision Future Phases – Findings of Fact and Order 1 BEFORE THE BOZEMAN CITY COMMISSION IN THE MATTER OF THE APPLICATION OF FINDINGS OF FACT BON TON INC. OF BILLINGS FOR PRELIMINARY AND ORDER PLAT REVIEW OF ALLISON SUBDIVISION, FUTURE PHASES, 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, and the Bozeman Unified Development Ordinance, public hearings were scheduled, after notice given, before the Bozeman Planning Board on March 20, 2007, and before the Bozeman City Commission on April 2, 2007, on the above-entitled application. The applicant presented to the City Commission a proposed preliminary plat to subdivide 100.82± acres and create three hundred twelve (312) mixed use residential lots and 7.41± acres of dedicated parkland, together with the required supplementary plans and information. The purpose of the public hearings hearing was to consider all relevant evidence relating to public health, safety, and welfare, including the required environmental assessment 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: FINDINGS OF FACT I. The complete application for the preliminary subdivision plat review of Allison Subdivision, Future Phases, a residential mixed-use major subdivision, was submitted to the City of Bozeman Department of Planning and Community Development on August 7, 2006. On September 6, 2006 the Development Review Committee found that the preliminary plat application and required elements containing detailed, supporting information was deemed inadequate for continued review. 67 Allison Subdivision Future Phases – Findings of Fact and Order 2 Mr. Ray Center of Rocky Mountain Engineer’s, engineering consultant representing Bon Ton of Billings, submitted a written request on September 7, 2006 for an extension to the statutory 60-day review period to prepare supplemental information requesting variances to the Unified Development Ordinance for said preliminary plat application. On January 31, 2007 the applicant’s consultant submitted a formal request for variances to the Unified Development Ordinance to be considered with the preliminary plat application for Allison Subdivision Future Phases. The preliminary subdivision plat, as proposed, will subdivide 100.82± acres and create two hundred seventy-four (274) single-household residential lots, seventy (7) multi-family residential lots, thirty-one (31) townhouse lots, and dedicate approximately 7.41+ acres of public parkland. All lots will be served by City of Bozeman water and sanitary sewer services and accessed by public streets with the extension the Graf Street, Arnold Street, and South 11th Avenue. All interior local subdivision streets will be constructed to City street standards within dedicated public rights-of-way. Said application for preliminary plat review includes a request for variances to the Unified Development Ordinance from Section 18.42.020 “Neighborhood Centers” to develop a neighborhood center that is not at the geographic center point of the development, Section 18.42.100.B.3 “Watercourse Setback” to encroach into the watercourse setback with fences for multiple subdivision lots, and Section 18.44.060.D “Level of Service Standards” to allow the development of the subject subdivision without level of service mitigation measures at the intersections of Kagy Boulevard and South 11th Avenue, Kagy Boulevard and South 7th Avenue, and South 3rd Avenue and Arnold Street. II. Notice of a public hearing before the City of Bozeman Planning Board and before the Bozeman City Commission was published in the Bozeman Daily Chronicle on March 4, 2007 and the notice was posted at the site and mailed by Certified mail, return receipt requested, to all adjoining property owners. 68 Allison Subdivision Future Phases – Findings of Fact and Order 3 III. The City of Bozeman Planning Board heard the matter of preliminary subdivision plat review of Allison Subdivision, Future Phases on March 20, 2007. The Planning Staff reviewed the project at that time and discussed the recommended conditions of the Development Review Committee and local review agencies, applicant’s request for variances to the Unified Development Ordinance, mix of land uses, subdivision design, transportation improvements, signalization improvements, trail and pedestrian circulation, dedicated parkland, and storm water runoff facilities. The Planning Staff reported that written public testimony in opposition to the matter was received by the Planning Office and provided in the Planning Board packet. Issues identified by residents in the area included impact on groundwater, traffic impacts, flood plain influence, affordable housing, cul-de- sacs, appropriate zoning, and bike and pedestrian circulation. Ray Center, Rocky Mountain Engineers, representing Bon Ton of Billings, discussed the subdivision design, affordable housing, street layout, parkland, watercourse setback encroachments, traffic impacts, and discussed the applicant’s request for variances to the Unified Development Ordinance. IV. The Planning Board then opened the public meeting portion on said matter with fourteen (14) members of the general public providing testimony with regard to flooding, impact on the depth to ground water, trails, zoning designation, residential land uses, cul-de-sacs, real estate market, trail system, no basement restriction, variances, traffic impacts, street design, and bike and pedestrian pathways. V. After reviewing the staff recommendation, hearing the applicant’s presentation, hearing 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 Ordinance and the adopted growth policy, 69 Allison Subdivision Future Phases – Findings of Fact and Order 4 the Planning Board reviewed and considered the facts against the criteria related in Title 76-3-608, M.C.A., 1999. The Planning Board considered the recommended conditions prepared by the Planning Staff and Development Review Committee, and discussed depth to ground water, “no basement” restriction, density, street improvements, storm water runoff, public testimony, signalization, pedestrian and trail connectivity, requested variances, mid block crossings, parkland, elimination of cul-de-sacs south of Graf Street, and water course setbacks. VI. The Planning Board then discussed the applicant’s request for variances to the Unified Development Ordinance, potential of watercourse setback encroachments, relocation of neighborhood center, and methods of signalization improvements as a Special Improvements District. The Planning Board considered staff’s recommendation and criteria for consideration of said variances to the Unified Development Ordinance and voted 6-0 in favor of the requested variance to Section 18.42.020 “Neighborhood Center” (motion passed), voted 1-5 against the requested variance to Section 18.44.060.D “Level of Service Standards” (motion failed), and voted 2-4 against the requested variance to Section 18.42.100.B.3 “Watercourse Setback” (motion failed). VII. The Planning Board found that with the recommended conditions as outlined in the staff report and addition of condition thirty-seven (37) regarding location and placement of a Type II gravel fines trail within the Gallagator Trail corridor, that the subdivision would comply with the primary review criteria, and therefore voted 6-0 to forward a recommendation of conditional approval to the Bozeman City Commission as set forth in Planning Resolution No. P-06051. VIII. The matter of preliminary plat review of Allison Subdivision Future Phases was considered at a public hearing before the City Commission on Monday, April 2, 2007. 70 Allison Subdivision Future Phases – Findings of Fact and Order 5 The Planning Staff reviewed the project at that time and forwarded the Planning Board's recommendation with regard to the requested variances and recommendation of conditional approval of the preliminary plat as set forth in Planning Resolution No. P-06051. Gene Graf, representing Bon Ton of Billings, provided an overview of the proposed major subdivision and discussed affordable housing, lot size, street design, phasing, advocating cul-de-sacs, and development of parkland. Ray Center of Rocky Mountain Engineers, engineering consultant for Bon Ton of Billings, discussed in further detail the issues related to street design, placement of dedicated parkland, cul-de-sacs, and treatment of storm water runoff. IX. The public hearing portion on this matter was then opened to hear public testimony on the matter with nine (9) members of the general public offering comment on the matter of the preliminary plat application. Public testimony included concerns with preferred alignment of Graf Street, subdivision street design, groundwater, placement of public trail system, wetlands, impact of potential flooding, affordability, density, and traffic impacts. The City Commission considered the staff report prepared by the Planning Staff and Development Review Committee, and the recommendation of the Planning Board and then discussed street intersections, groundwater monitoring, and the recommendations by G.V.L.T. for trail improvements and pedestrian street crossings. X. The City Commission then considered the minutes of the Planning Board meeting, Resolution of the Planning Board, Planning Office staff report, public record, the developer's testimony, and weighed the proposed subdivision against the primary criteria for consideration of subdivisions established in Title 76-3-608, and found as follows: 71 Allison Subdivision Future Phases – Findings of Fact and Order 6 76-3-608.3.a,M.C.A. Primary Review Criteria 1. Effects on Agriculture Historically, the subject property has been used for agricultural purposes with the majority of the 100-acre tract used for small grains and alfalfa. Soil conditions confirm the site as being good producing soils for agricultural activity. However, the limited area of the subject property is not of a substantial size to accommodate a viable farmstead. In 2000 the subject property was annexed and zoned “R-1” in anticipation of developing at urban density. The Future Land Use Map of the Bozeman 2020 Community Plan designates the property to develop as “Residential”. Therefore the site is considered a reasonable area for consideration of urban growth with proximity to the area’s transportation network and ability to extend municipal infrastructure to the site. 2. Effects on Agricultural Water Users Facilities The applicant notes in the Preliminary Plat application that no downstream water user facilities will be impacted with subdivision of the property. Although the subdivider does not anticipate any impacts to downstream water users with this subdivision, it is recommended that a notation be provided on the final plat and protective covenants stating that the Allison Subdivision will not interfere with any agricultural water user facility or irrigation ditches for downstream water rights. 3. Effects on Local Services Sewer and Water: Access to municipal infrastructure and public services is available. However, access requires the developer to extend existing water and sanitary sewer mains in Graf Street, South 11th Avenue and Arnold Street. The cost of extending infrastructure to the property will be the sole responsibility of the developer, unless over sizing of water and/or sanitary sewer main capacities is requested by the City. In such cases, the City of Bozeman will participate in the over sizing of infrastructure. The City Engineer’s Office has determined that adequate capacity is generally available in the facilities plan for municipal water and sanitary sewer to service the proposed subdivision. Streets: All street and alley improvements will be public streets constructed to acceptable City standards with curb, gutter, pavement, boulevard sidewalks, and storm water facilities. Graf Street and South 11th Avenue shall be constructed to City standards for collector roads. Signalization improvements at the intersection of Kagy Boulevard and South 11th Avenue, Kagy Boulevard and South 3rd Avenue, and South 3rd Avenue and Graf Street are recommended by the City Engineer’s Office. 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 Engineering Division prior to filing of the final plat to facilitate fire and police response to the site. The applicants provided letters from the Bozeman Fire Department and American Medical Response. Both letters indicate that the service provider could provide adequate service to this proposed development. A site for a new fire station was reserved with the filing of the subdivision plat of Meadow Creek Subdivision at the intersection of South 19th Avenue and Graf Street to provide emergency service to that area of community south of Kagy Boulevard. Any remaining issues identified by the Development Review Committee are addressed in the recommended conditions of approval provided by the City Engineer’s Office. 72 Allison Subdivision Future Phases – Findings of Fact and Order 7 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. The proposal shows storm water being discharged into Figgins Creek. The Engineering Department recommends a condition for the provision of appropriate treatment of solids, silt, oils, grease and other pollutants from storm water runoff. Parks/Trail. For parkland dedication, 7.919 acres would be required for this development. The applicants are proposing to dedicate 7.41 acres as a public park at the northwest corner of the property. The remaining 0.508 acres will be provided as cash-in-lieu of parkland dedication or additional dedicated parkland along the Gallagator Trail corridor. The applicant has also requested a variance to the placement of the neighborhood center at the geographic center point of the development. This is in order to achieve a larger pubic park with future development in the immediate area The Recreation and Parks Advisory Board (RPAB) indicated support of the park plan and variance to locate the neighborhood center as proposed. The park system will include landscaping, trails, active playground areas, neighborhood center, and playground equipment. The Superintendent of Recreation and Parks envisions the long term development of the public park as an ideal location for an aquatic center or other public recreational facility. Planning staff has recommended a condition requiring that the final park plan indicate which amenities will be installed by the developer, and that the developer be responsible for installing the proposed neighborhood center and playground equipment. RPAB was supportive of this recommended condition Planning staff, Parks and Recreation Superintendent, RPAB and GVLT have recommended that the Gallagator Trail be reconstructed to a Type II natural fines trail along the west side of Figgins Creek. Special attention to mid-block crossings of the Gallagator Trail at Graf Street and Arnold Street must also be addressed by the applicant upon approval by the City Engineers Office. Utilities. There are existing power, cable and phone utilities in the vicinity. The preliminary plat shows 10-foot utility easements being provided along the fronts of the lots. Letters from the applicable utility companies were provided indicating that service can be provided to this new development. 4. Effects on Natural Environment The applicant provided a letter from the State Historic Preservation Office regarding cultural resources on the subject property. The letter from SHPO indicates that there is a low likelihood that cultural properties will be impacted. Staff is recommending a condition requiring that should historical, cultural and/or archeological materials be inadvertently discovered during construction of this project, the State Historical Preservation Office (SHPO) and the Bozeman Historic Preservation Office shall be contacted immediately and construction activities shall cease With exception to Figgins Creek, associated wetlands, and limited mature vegetation already discussed by staff, no additional physical or topographical features have been identified (i.e., outcroppings, geological formations, steep slopes). Any mitigation and enhancement of wetlands will occur only with the approval of 310 and/or 404 Permits from the Gallatin County Conservation District and Army Corp of Engineers. Groundwater quality will be protected by the installation of municipal sanitary sewer services and appropriate measures are proposed by the developer with residential construction. Provisions have been discussed in the applicant’s submittal to address the control of noxious weeds, agricultural fencing and maintenance of park 73 Allison Subdivision Future Phases – Findings of Fact and Order 8 land/open space, and will be further addressed with the protective covenants and compliance with the recommended conditions of approval. 5. Effects on Wildlife and Wildlife Habitat The historical use of the property for agricultural purposes has limited the potential for development of significant areas of mature vegetation. No known endangered species or critical game ranges have been identified on the proposed subdivision. The Department of Fish, Wildlife & Parks has not identified any impacts on wildlife and wildlife game range habitat with this development proposal. Therefore, no significant effects on major wildlife game and their habitat should occur as a result of the proposed mixed-use major subdivision. 6. Effects on Public Health and Safety The Bozeman Development Review Committee (D.R.C.) reviewed the preliminary plat application for the future phases of Allison Subdivision; and as result, has not identified any significant impacts to the area's public health and safety that can not be mitigated with the recommended conditions forwarded to the Planning Board and City Commission. The applicant has requested variances to the Unified Development Ordinance (U.D.O.) for signalization improvements at the intersections of Kagy Boulevard with South 11th Avenue and South 7th Avenue and intersection of South 3rd Street and Graf Street. Finding that the level of service for said intersections are currently below Level of Service “C”, the City Engineer’s Office is recommending denial of requested variances. Because development of the property will include municipal sanitary sewer services, the threat of groundwater degradation from on-site sewage disposal will be eliminated. There are no known, unmitigated natural or man-made hazards on this property. All subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, M.C.A., 1995 regardless of compliance with master plan status. As a result, the Planning Office has reviewed this application against the listed criteria and further provides the following summary review: 76-3-608.3.b,M.C.A. (i) - Compliance with survey requirements provided in Part 4 of the Montana Subdivision and Platting Act. Prior to filing of any future plat(s) for this subdivision, said plats 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. (ii) - 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 Ordinance. 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 74 Allison Subdivision Future Phases – Findings of Fact and Order 9 following requirements are standards of the Bozeman Unified Development Ordinance and shall be addressed on the final plat: a. Section 18.42.040.B - That all block lengths shall not be more than 400 feet in length nor less than 300 feet in length, unless a variance to Section 18.42.040 “Blocks” of the Bozeman Subdivision Regulations is granted by the City Commission. b. Section 18.42.060.B – Requires all utility easements to be noted on the Final Plat for each typical subdivision lot/block, exclusive of notations on the final plat. c. Section 18.42.060.D.4 – States that storm water runoff from a development shall not be discharged directly to an irrigation facility. This will further require all storm water facilities to be designed in a manner that addresses the criteria set forth by the Planning Office d. Section 18.42.100 - A qualified landscape professional shall either document that the current watercourse setback planting plan meets the requirements of Section 18.42.100 of the BMC or a watercourse setback planting plan shall be prepared by a qualified landscape professional and shall be reviewed and approved by the Planning Department prior to the commencement of development or site preparation. The plan shall include a schedule for planting and landscaping as outlined in Section 18.42.100 of the BMC for Zone 1 and Zone 2 improvements. e. Section 18.42.150 – That the Lighting Plan shall reflect the standards outlined in the U.D.O. A lighting plan shall be submitted for review and approval prior to the contracting, creation of an S.I.L.D. and installation of the lights. The plan shall include a pole light detail with spacing based on high pedestrian conflict, a local street pole light at one per local street intersection, and a bollard light detail for placement at pathway/street intersections. All lights including the bollard light shall conform to the City’s requirement for cut-off shields. f. Section 18.42.180.C - Requires 10% of the net building acreage to be dedicated to Restricted Size Lots, or a minimum of 234,179 square feet for this subdivision. The RSL designation shall be recorded on the individual lots and as a notation on the final plat in a manner that will appear on a title search and include reference to the sunset provisions of Section 18.42.180 of the BMC. g. Section 18.48.070 – Irrigation, sod and street trees on all external streets and adjacent to public parks or other opens spaces is required of the developer. It is recommended that internal streets also be landscaped with boulevard trees to maintain consistency with an urban streetscape throughout the subdivision. A landscape plan shall be submitted, identifying the location and tree species to be installed by the developer, prior to installation of the trees or final plat, whichever comes first. h. Section 18.50.040 – The Park Master Plan will need to clearly identify who is responsible for improvements to the public parkland. Any reference to “by others” will need to be more clearly outlined as to responsibility of improvements (i.e., homeowner’s association, City of Bozeman, etc.). It is recommended that as part of the neighborhood center for this subdivision park that the play area in conjunction with a shelter, and associated landscape improvements be installed by the developer. 75 Allison Subdivision Future Phases – Findings of Fact and Order 10 i. Section 18.50.080 – The subdivider will be responsible for leveling park area(s), amending the soil, seeding disturbed areas to allow mowing with turf type mowers, and installing an underground irrigation system in compliance with City standards. j. Section 18.50.080.D – All storm water retention or detention facilities may be located within a park but not counted towards the final parkland dedication. All areas identified in the subdivision for the purposes of retention/detention storm water facilities shall be noted on the subdivision plat as “Common Areas” owned and maintained by the property owner's association, and noted accordingly in the property owner's association documents, for review and approval by the Planning Office. All storm water facilities must be designed in a fashion that is landscaped as effective landscape features (i.e., not rectangular or box-like), with slopes not more than 1:4 , or 25%, with an average depth of not more that two feet. All collection and outlet facilities must also be properly landscape and screened from the general public. All storm water facility outlet structures will be properly landscape and a minimum distance of not less than ten (10) from any watercourse high water mark will be required. Placement and design of the facilities will be approved by both the City Engineer’s Office and Planning Office. k. Section 18.50.110 – 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 Type II Class trail is recommended along the watercourse corridor with the placement of 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. l. Section 18.72 outlines the requirements for creation of a property owners association and bylaws or declaration of covenants, conditions, and restrictions. In addition, the staff report recommends additional items be included. m. Section 18.78.060.G - A professional cultural resource inventory of the site to be conducted by a qualified archeologist is necessary. The results of said survey must be provided to the Planning Office and the State Historic Preservation Office prior to the disturbance of any of the subdivision grounds. n. Section 18.78.070.D – the Final Park Plan must be submitted, reviewed and approved prior to submitting for Final Plat approval of the first phase of the major subdivision. Four (4) bound copies of the plan shall be submitted to the Planning Office for review and approval prior to installation of any improvements or upon Final Plat approval, whichever comes first. The document shall address all of the criteria outlined in Section 18.78.060.P. The developer will submit a formal development plan signed by a certified landscape architect for the design of all dedicated parklands within said subdivision for review and approval by the Superintendent of Facilities and Public Lands, and Bozeman Recreation and Parks Advisory Board. Details of plantings, species, topography, irrigation system, and any permanent park features shall be shown and discussed with the plan. Construction of the parkland improvements will be to City standards and must be completed with City oversight. Improvements shall be installed within all dedicated parklands according to the 76 Allison Subdivision Future Phases – Findings of Fact and Order 11 Implementation Plan and schedule approved by the Superintendent of Facilities and Lands, and the Recreation and Parks Advisory Board. o. Section 18.78.070.C – 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 Planning Department prior to Final Plat approval. p. That the applicant obtain written approval of a park land implementation plan outlining installation of landscape improvements, trail/bike path improvements, and maintenance and upkeep of the park lands and trails, and that said implementation plan be noted accordingly in the protective covenants and restrictions of the property owner's association documents, for review and approval prior to Final Plat approval. q. That the applicant verify that that all subdivision lots have the minimum required lot width at the front yard setback. r. That the final plat contain a notation stating that all downstream water user facilities will not be impacted by this subdivision and that it also be noted accordingly in the by-laws and protective covenants for the homeowners’ association. s. That the final plat shall comply with Section 16.08.070 “Final Plat” and Chapter 16.32 “Certificates” of the City of Bozeman Subdivision Regulations, and shall conform to all requirements of the Uniform Standards for Final Subdivision Plats including provisions for all appropriate certificates and language, certification from the City Engineer that as-built drawings for public improvements were received, and accompanied by all appropriate documents, including a Platting Certificate. Four (4) mylar copies of the final plat must be submitted for final plat approval, along with two (2) digital copies of the final plat, on a double sided, high density 3½- inch floppy disk; and five (5) paper prints. t. That the applicant 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. u. That the applicant execute and file with the final plat a waiver of right-to-protest creation of a city-wide park maintenance district for review and approval by the City of Bozeman for maintenance and upkeep of dedicated park land and trail system prior to Final Plat approval (may have been done with the Annexation Agreement). v. The final plat shall provide public utility easements along side and rear lots lines as required by the subdivision regulations. However, in the event front yard easements are used, side and rear yard easements must still be provided on the plat unless written confirmation is submitted to the Planning Office from all utility companies indicating that front yard easements are adequate to service said subdivision lots. The easement notation required in Section 16.14.050.B.4 of the Bozeman Subdivision regulations shall also be provided on the final plat. w. 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. x. That the developer shall enter in an Improvements Agreement with the City of Bozeman guaranteeing the completion of all improvements in accordance with the Preliminary Plat 77 Allison Subdivision Future Phases – Findings of Fact and Order 12 submittal information and conditions of approval. If the Final Plat is filed prior to installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to one hundred fifty (150) percent of the cost of the remaining improvements. y. That the developer shall have three (3) years from the date of Preliminary Plat approval to complete the conditions of preliminary plat approval and apply for Final Plat approval. At the end of this period the City Commission may, at the written request of the subdivider, extend its approval for a period of no more than one (1) calendar year except that the City Commission may extend its approval for a period of more than one (1) year if that approval period is included as a specific condition of a written subdivision improvements agreement between the City Commission and the subdivider, provided for in Chapter 16.22 of the Bozeman Subdivision Regulations. z. Stormwater Master Plan: 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 to the stormwater receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin site, drainage ways and finished lot grades), typical stormwater detention/retention basin and discharge structure details, basin sizing calculations and a stormwater maintenance plan. Any stormwater ponds located within a park or open space shall be designed and constructed to be conducive to the normal use and maintenance of the open space. 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. aa. 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. bb. 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 78 Allison Subdivision Future Phases – Findings of Fact and Order 13 frontages, and related storm drainage infrastructure improvements shall be financially guaranteed or constructed prior to Final Plat approval. cc. 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 plat and in the covenants for the subdivision. dd. The location of existing water and sewer mains shall be properly depicted. Proposed main extensions shall be noted as proposed. ee. 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. ff. Flood Plain: a. A Flood Plain Development Permit must be obtained from the City Engineer prior to any construction activity within the delineated 100 year floodplain. gg. 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. hh. Project phasing shall be clearly defined including installation of infrastructure. ii. 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. jj. 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 18.74.020.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. kk. All construction activities shall comply with section 18.74.020.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. (iii) - Compliance with the local subdivision review procedures provided in Part 6 of the Montana Subdivision and Platting Act.. The public hearings before the Planning Board and City Commission have been properly noticed, as required by the Bozeman Unified Development Ordinance. The notice was mailed to all adjoining property owners by certified mail and noticed in the Bozeman Daily Chronicle. Based 79 Allison Subdivision Future Phases – Findings of Fact and Order 14 on the recommendation of the D.R.C. and other applicable review agencies, as well as any public testimony received on the matter, the Bozeman Planning Board shall forward a recommendation in a Resolution to the Bozeman City Commission who will make the final decision on the applicant’s request. 76-3-608.3.c, M.C.A. (c) - 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 for each phase. 76-3-608.3.d, M.C.A. (d) - Provisions of legal and physical access to each parcel. All lots within the major subdivision will have direct access onto dedicated public streets. XI. After considering all matters of record presented at the public hearings the City Commission found that the proposed preliminary plat for Allison Subdivision Future Phases to subdivide 100.82± acres and create two hundred seventy-four (274) single-household residential lots, seventy (7) multi-family residential lots, thirty-one (31) townhouse lots, and dedicate approximately 7.41+ acres of public parkland, would comply with the requirements of the Bozeman Unified Development Ordinance and the Montana Subdivision and Platting Act if certain conditions were imposed. XII. The City Commission considered the conditions of approval presented in the Resolution of the Planning Board and moved to approve the application for preliminary plat approval with the thirty-seven (37) recommended conditions of approval and the addition of condition thirty-eight (38) to require the applicant to install six monitoring wells along Figgins Creek. The motion carried on a vote of 3-2. XIII. The City Commission then moved to consider modifications and/or amendments to the previous action of conditional approval of the preliminary plat application for Allison Subdivision Future Phases. 80 Allison Subdivision Future Phases – Findings of Fact and Order 15 The City Commission moved to eliminate condition of approval ten (10) regarding elimination of cul-de-sacs south of Graf Street. The motion passed on a vote of 3-2. The City Commission moved to modify the action of preliminary plat approval by extending Opportunity Drive to Salgado Circle and connect the cul-de-sacs at Salagado Circle and Drobynk Circle through to Opportunity Drive. The motion carried on a vote of 4-1. The City Commission moved to modify the recommendation of denial to the applicant’s request for a variance to Section 18.44.060.D “Level of Service Standards” by eliminating said reference to South 3rd Avenue and Arnold Street in order to grant the variance for South 3rd Avenue and Arnold Street. The motion carried on a vote of 3-2. The City Commission moved to consider a motion that would route construction traffic away from Arnold Street from South 3rd Avenue to Allison Subdivision. The motion carried on a vote of 5-0. The City Commission moved to consider a motion to restore condition ten (10) to eliminate the cul-de-sacs south of Graf Street. The motion failed on a vote of 2-3. ORDER IT IS HEREBY ORDERED, on a vote of 3-2, that the Preliminary Subdivision Plat to subdivide 100.82± acres and create two hundred seventy-four (274) single-household residential lots, seventy (7) multi-family residential lots, thirty-one (31) townhouse lots, and dedicate approximately 7.41+ acres of public parkland known as Allison Subdivision Future Phases has been found to meet the primary criteria of the Montana Subdivision and Platting Act, and is therefore approved, subject to the conditions listed below. The evidence as stated in the Findings of Fact, justifies the conditions imposed on the subdivision to ensure that the final plat complies with all applicable regulations, and all required criteria, that appropriate and safe vehicular and pedestrian circulation is provided, adequate infrastructure and public services are provided, and adequate public access, utility easements, and rights-of-way are provided. 81 Allison Subdivision Future Phases – Findings of Fact and Order 16 This City Commission order may be appealed by bringing an action in the Eighteenth District court of Gallatin County, within 30 days after the adoption of this document by the City Commission, by following the procedures of Section 76-3-625, M.C.A. 1. A 1’ No Access Strip shall be shown on the plat along the entire frontage of 11th Avenue and Graf Street. 2. A temporary turnaround shall be installed at the end of any dead end street which is more than 1 lot long. This shall include dead ends created by project phasing. 3. The water main shall be 24” diameter in Graf Street and 12 “ diameter in 11th Avenue in accordance with the City’s Water Master Plan. 4. If an easement can be obtained for South 15th Avenue and Arnold Street from the adjacent landowner, the entire street section exclusive of the sidewalk on the adjoiner’s side shall be constructed. If the easement cannot be obtained, curb, gutter, standard boulevard, and sidewalk on the subdivisions side, along with a minimum pavement width of 24’ shall be installed. 5. Stromwater shall not be discharged to any irrigation ditch unless a variance is requested and approved by the City Commission. 6. All street intersections not meeting the separation distance required by section 18.44.090.D of the UDO shall be right in right out only at their intersection with 11th and Graf unless the information required by section 18.44.090.H to grant a deviation by is provided to and approved by the City Engineer. 7. Radiuses to accommodate turning movements shall be installed in all of the alleys. 8. South 11th Avenue shall be constructed in its entirety from its current terminus to the north and south with the first phase of the subdivision unless otherwise approved by the City Commission. If it is not required, an alternate phasing plan of streets with two street connections out of this subdivision for all phases shall be submitted for review and approval by City Engineering and the Fire Marshall. 9. All improvements necessary to provide adequate level of service at the intersections analyzed in the Traffic Impact Analysis (TIS) must be installed or financially guaranteed prior to filing of the plat for each phase. No building permits will be issued for a phase until all improvements required for the phase are installed and accepted. Approval of the TIS must be obtained from the Montana Department of Transportation and for all improvements along Kagy Boulevard. 10. The subdivider shall obtain and provide written evidence of permission for any relocation, piping or abandonment of ditches. 11. Graf Street shall include a 10 foot wide concrete boulevard sidewalk on the south side of the collector road, if not on both sides. 12. The subdivider shall provide a neighborhood gathering place (pavilion with the initial phases, meeting room within the aquatic center, etc.) and playground equipment in the Community Park 82 Allison Subdivision Future Phases – Findings of Fact and Order 17 (neighborhood center) in addition to the standard requirement for boulevard street trees, irrigation, seeding, sidewalks, etc. 13. Park dedication requirements shall be met prior to or in conjunction with each subdivision phase. Documentation of satisfaction of park dedication requirements in accordance with Section 18.50.020 of the BMC shall be provided. 14. Mid-block pedestrian walkways are required in the north half of Block 7 and in Block 4 to reduce the uninterrupted block length to less than 600 feet. Pedestrian rights-of-way of at least 30 feet may have a 5 foot side yard setback adjacent to the rights-of-way. 15. All lots shall be eliminated or redesigned to be located outside of the 100-year floodplain and the 50- foot watercourse setback. · The minimum first floor elevation (including basement) shall be 2 feet or more above the base flood elevation and the minimum first floor elevation shall be designated on each lot on the final plat. · The Final Plat shall include a notation that although no lots are in the 100-year floodplain, it is recommended that lot owners consider obtaining flood insurance due to proximity to the 100-year floodplain, and that it is recommended that lot owners consider construction of structures on suitable fill at an elevation no lower than the base flood elevation. 16. Fences located in the front, side or rear yard setback of properties adjacent to any park or open space shall not exceed a maximum height of 4 feet, and shall be of an open construction designed in a manner to be consistent along the entire open space corridor. This requirement with appropriate exhibits shall be addressed and demonstrated in the covenants. 17. 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 approved by the Water/Sewer Superintendent. 18. Covenants shall address the requirements for street trees, a COB planting permit for street trees and obtaining utility locates before any excavation begins in the COB right of way. 19. Water rights, or cash-in-lieu thereof, as calculated by the Director of Public Service, is due with the final plat. 20. Sidewalks along park land should be constructed to a six foot width to accommodate snow removal equipment. 21. The park(s) shall be titled “Public Park”. The open space shall be titled “Open Space, Public Access”. Notes shall be included on the plat describing ownership and maintenance responsibility for both the park and open space, e.g.: public park, dedicated to the city and maintained by the homeowners association; and open space, public access, owned by the landowners, maintained by the homeowners association, etc. A twenty-five (25) public access easement centered on the Gallagator Trail shall be provided on the final plat. 83 Allison Subdivision Future Phases – Findings of Fact and Order 18 22. To enable the COB to proceed with plans for the Community Park (Aquatic Center), the Community Park shall be dedicated and Arnold Street shall be dedicated or an easement granted with final plat approval for the first phase. 23. To enable the COB to proceed with plans for the Community Park (Aquatic Center), the subdivider shall install the public improvements to the east side of the Community Park (including the construction of Arnold Street) no later than 3 years from the date of final plat approval for the first phase, unless the COB agrees to a longer time frame or to other another mechanism to guarantee installation of improvements. This condition does not apply to the timing of any public improvements installation required for subdivision lots. 24. The developer required improvements to the Community Park shall be designed and installation phased to coordinate with the COB improvements to the Community Park. 25. To ensure adequate access to and parking for the Community Park, Arnold Street west of 11th Avenue, South 15th Avenue north of Graf Street, and all lots across Vollmer Street and Spring Ridge Drive from the Community Park shall have a 1’ No Access Strip shown on the plat along the entire frontage. All driveways shall be from other frontages or the alley. 26. The Gallagator Trail crossing of Graf Street shall be signed, physically delineated, and have pedestrian bumpouts and pedestrian lighting. 27. The subdivider shall reconstruct the Gallagator Trail north of the Alder Creek Subdivision as determined necessary by the Recreation and Parks Superintendent, Recreation and Parks Advisory Board, and GVLT to bring it up to current transportation trail standards. 28. The Final Park Plan shall include: a. Current and Future site plan(s) for the entire property with the current plan showing developer installed improvements and the future plan showing any planned improvements not intended to be installed by the developer; b. The location of watercourse setbacks; c. Park landscaping plan, prepared by a qualified landscape professional in accordance with §18.78.100; d. Trail design and construction showing compliance with adopted City standards and trail classifications; e. The requirement for a preconstruction meeting prior to any site work; f. Appropriate sections from the “Design Guidelines for City of Bozeman Parks”; g. Cost estimate and installation responsibility for all improvements; h. The park shall be described as a community park with a community aquatic center and other features as determined by the COB. i. It is preferable that improvements to the Gallagator Linear Trail Park and Open Space corridor be installed before improvements to the community park. 29. Subdivision lighting SILD information shall be submitted to the Clerk of Commission directly after Preliminary Plat approval in hard copy and digital form. The final plat will not be deemed complete until the resolution to create the SILD has been approved by the City Commission. 30. The Final Plat shall include a notation stating that due to evidence of high ground water conditions in the area full or partial basements are not recommended. The final plat shall contain a “No Basement” 84 Allison Subdivision Future Phases – Findings of Fact and Order 19 restriction notation specifically for phase three, phase four, Lots 1-14 of Block 6, and Lots 27-48 of Block 4 unless the applicant is able to provide further ground water information that would justify eliminating said restriction. Buildings proposed for construction with crawl spaces or basements shall include Engineer Certification regarding depth of ground water and soil conditions and proposed mitigation methods to be submitted with each Building Permit. 31. The final plat for each phase shall identify the remainder (of each phase of the subdivision) (of the original tract of record) to be platted as an undevelopable lot in accordance with §18.74.080.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. 32. All storm water facilities located in dedicated parkland or common open space, or the Gallagator Trail corridor shall be reviewed and approved by City Engineer’s Office and Planning Office prior to proceeding with construction of said faculties. 33. Applicant shall provide a soils report, along with building plans, to the Building Division, recommending types of foundations. If development shall occur in phases, the soils report may address those lots within the proposed phase. 34. That the applicant submit with the application for Final Plat review and approval of Allison Subdivision., a written narrative stating how each of the conditions of Preliminary Plat approval and code provisions outlined on pages 12-17 of the staff report have been met or satisfactorily addressed. 35. The final plat shall comply with the standards identified and referenced in the Bozeman Municipal Code. 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. 36. That prior to submitting for final plat review and approval of the initial phase(s) of said major subdivision the applicant will coordinate the location and placement of a Type II gravel fines trail within the Gallagator Trail corridor with Planning Staff, City Engineer’s Office, Recreation and Parks Advisory Board, and Gallatin Valley Land Trust, and that said trail improvements be outlined in the park master plan and homeowner’s association documents. 37. Further, there shall be installed six monitoring wells along Figgins Creek and that the results of the monthly monitoring be presented to the Commission with each subsequent preliminary or final plat application. 38. That Opportunity Drive be extended to Salgado Circle and connect the cul-de-sacs at Salagado Circle and Drobynk Circle through to Opportunity Drive. 39. That the applicant route construction traffic away from Arnold Street from South 3rd Avenue to Allison Subdivision. The preliminary approval of this subdivision shall be effective for three (3) years from the date of Preliminary Plat approval, April 2, 2010. At the end of this period the City Commission may, at the 85 Allison Subdivision Future Phases – Findings of Fact and Order 20 request of the subdivider, extend its approval for not more than one (1) calendar year. However, preliminary approval may be extended for more than one (1) calendar year if the developer enters into, and secures, an Improvements Agreement for the Subdivision. DATED this day of , 2007. BOZEMAN CITY COMMISSION JEFF KRAUSS, Mayor ATTEST: APPROVED AS TO FORM: ____________________________ Stacy Ulmen, City Clerk Paul Luwe, City Attorney 86 PHASE 3 PHASE 4PHASE 5PHASE 6PHASE 7 PHASE 11 PHASE 14 PHASE 17 PHASE 18 PHASE 9 PHASE 10 PHASE 8 PHASE 12 PHASE 13 PHASE 15 PHASE 16 PHASE 19 PHASE 20 PHASE 21 PHASE 22 PHASE 23 PHASE 24 PHASE 25 Allison Ph 2Park3.001 ac. AlderCreek Ph 1 Tract 1BCOS No. 1393A(CFT Minor Subd.) Ph 4 Figgins Addition Westfieldsubdivision Allison Ph 1MS No. 266 Morning StarMS No. 84 Allison Ph 2 AlderCreek Ph 2 Park Lot 730' IRRIGATION PIPEEASEMENT EXISTING TRAIL EXISTING TRAIL Alder CreekFuture Phases Unplatted Unplatted Existing Irrigation Ditch Existin g I r r i g a t i o n D i t c h 7.66 Ac. Park BLOCK 1 BLOCK 5 BLOCK 4 BLOCK 4 BLOCK 8 BLOCK 10 BLOCK 12 BLOCK 16 BLOCK 7 BLOCK 11 BLOCK 15 BLOCK 17 BLOCK 18 BLOCK 19 BLOCK 21 BLOCK 6 BLO C K 2 0 BLOCK 14BLOCK 13 ZONE BP ZONE R-1 ZONE R-1 ZONE R-1 ZONE R-2 ZONE R-2 NOZONING NOZONING APPROXIMATE 100 YR.FLOOD LIMIT OpenSpaceA BLOCK 2 BLOCK 3 BLOCK 9 87