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HomeMy WebLinkAboutPartridge Downs Major Subdivision Findings of Fact and Order_4 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Tom Rogers, Associate Planner Wendy Thomas, Director of Community Development SUBJECT: Partridge Downs Major Subdivision Preliminary Plat P14015 Findings of Fact and Order MEETING DATE: July 14, 2014 AGENDA ITEM TYPE: Consent RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the Partridge Downs Major Subdivision Preliminary Plat Application. BACKGROUND: On June 2, 2014, the City Commission held a public hearing on an application for preliminary plat approval for the Partridge Downs Major Subdivision. The Commission approved the proposed subdivision and accepted cash in-lieu of parkland dedication 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 Report compiled on: July 7, 2014 15 Partridge Downs Major Subdivision – Findings of Fact and Order 1 Return To: City of Bozeman Clerk’s Office P.O. Box 1230 Bozeman, MT 59771-1230 BEFORE THE BOZEMAN CITY COMMISSION IN THE MATTER OF THE APPLICATION OF VISION DEVELOPMENT, LLC FOR PRELIMINARY PLAT REVIEW OF THE PARTRIDGE DOWNS 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 City Planning Board on May 6, 2014, and before the Bozeman City Commission on June 2, 2014, on the above-entitled application. The applicant presented to the City Commission a proposed preliminary plat to subdivide an existing lot containing 6.21 acres to create 30 single household residential lots in two (2) phases. The purpose of the public hearings was to consider all relevant evidence relating to public health, safety, and welfare, including the required supplemental information, recommendation of the Bozeman City 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: 16 Partridge Downs Major Subdivision – Findings of Fact and Order 2 FINDINGS OF FACT I. The application for the preliminary plat review of the Partridge Downs Major Subdivision was submitted to the City of Bozeman Department of Community Development on March 11, 2014. On March 19, 2014, 2014 the application was deemed acceptable for initial review pursuant to Title 38 of the Bozeman Municipal Code (BMC). The preliminary subdivision plat, as proposed, will subdivide 6.21 acres and create a major subdivision containing 30 single household residential lots for development with associated open space and rights of way. The subject property is legally described as described as Tract 2A of COS 501, together with a strip of land described in Document No. 2268861, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and located in the Southeast One- Quarter (SE ¼) of Section 3, Township Two South (T2S), Range Five East (R5E), P.M.M., Gallatin County, Montana. The subject property is generally located at the northwest corner of Durston Road and Hanson Street. II. A notice of public hearing before the City of Bozeman City Commission was published in the Bozeman Daily Chronicle on Sunday, April 20, 2014. The site was posted with a public notice on April 21, 2014. Public notice was sent to adjacent property owners via certified mail, return receipt requested, and to all other property owners of record within 200 feet of the subject property via first class mail, on April 18, 2014. III. 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 no written public comment had been received prior to the hearing in response to the noticing on the matter of this preliminary plat application and was entered into the record. IV. Pursuant to the review authority established by Section 38.34.010, Bozeman Municipal Code (BMC), the Recreation and Parks Advisory Board (RPAB) met on April 4, 2014 to consider the proposed cash in-lieu of parkland dedication. The RPAB recommended the City 17 Partridge Downs Major Subdivision – Findings of Fact and Order 3 Commission approve the proposed park plan with cash in-lieu of dedication for this subdivision. The RPAB found the location and existing conditions of this proposed infill development was contusive to the City accepting cash in-lieu of parkland dedication. V. The City of Bozeman Planning Board heard the matter of preliminary subdivision plat review of Partridge Downs Subdivision on May 6, 2014. 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, phasing, zoning, infrastructure, physical features, and provisions for parkland and open space. The Department of Community Development Staff reported that no public testimony on the matter of this preliminary plat application was received by the Department of Community Development Office. The Planning Board then opened the public hearing portion for public comment on the matter of the preliminary plat application. One public comment was heard concerned whether or not apartments are allowed in the R-2 Zoning District. 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, Mont. Code Ann., 2011. The Planning Board considered the staff report and recommended conditions prepared by the Community Development Department, Development Review Committee, Recreation and Parks Advisory Board, and local review agencies. 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 8-0 to forward a recommendation of conditional approval and accept cash in-lieu of parkland dedication to the Bozeman City Commission as set forth in Planning Resolution No. P14015. VI. 18 Partridge Downs Major Subdivision – Findings of Fact and Order 4 The matter of the preliminary plat application for the Partridge Downs Major Subdivision was considered by the City Commission at a public hearing on June 2, 2014 at which time the Department of Community Development Staff reviewed the project and forwarded the Planning Boards recommendation to conditionally approve of the Partridge Downs Subdivision and the Recreation and Parks Advisory Board’s recommendation to accept the cash in-lieu of Parkland dedication request. VII. The public hearing portion was then opened to hear public testimony on the matter of the preliminary plat application. One member of the general public commented on the project. The comment addressed concerns about parks and open space. Seeing no further public testimony, the City Commission then closed the public comment portion on the matter of the preliminary plat application. VIII. The City Commission then considered the minutes of the Recreation and Parks Advisory Board, Department of Community Development staff report, public record, the applicant’s testimony, and weighed the proposed subdivision against the primary criteria for consideration of subdivisions established in 76-3-608, MCA and found as follows: A. Primary Review Criteria 1. Effects on Agriculture The subject property is designated as a residential area according to the City of Bozeman Community Plan. The area is zoned for residential development and has been used for residential purposes. Therefore, this subdivision will not have adverse effects on agriculture. 2. Effects on Agricultural Water User Facilities No agricultural water user facilities were discovered during review. Currently the subject property is designated as a residential area according to the City of Bozeman Community Plan; the area is zoned for residential development, and has begun to develop. Therefore, the proposed subdivision will have minimal impacts on agricultural water user facilities. 3. Effects on Local Services Water/Sewer – Municipal water and sewer service will connect to City water systems and be installed in the adjacent street right-of-ways. Each lot will connect to the constructed water and sewer mains designed to the appropriate design standard shall be located in the standard location as approved by the water/sewer superintendent. Streets – The Development Review Committee has determined that the adjacent streets have capacity to accommodate this development. Following new water and service line installations to accommodate the new lots/development, all street improvements will be constructed to 19 Partridge Downs Major Subdivision – Findings of Fact and Order 5 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 as part of the site plan for this development. Specific locations for storm water areas are show on the face of the plat. Parklands - The applicant proposed cash in-lieu of parkland dedication to meet minimum parkland to meet Section 38.27, BMC. The proposed subdivision includes 30 single-household lots requiring 0.9 acres of parkland dedication. The Recreation and Parks Advisory Board subdivision reviewed the proposed on April 4, 2014. 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. In addition, there is ongoing performance measure required with the Weed Management Plan to insure control of noxious weeds on site. 5. Effects on Wildlife and Wildlife Habitat The subject property is designated as a residential area according to the City of Bozeman Community Plan. The area is zoned for residential development has been used for residential purposes. Although there are incidental small animals residing on this and adjacent property infill development within the City limits will occur. 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. 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 20 Partridge Downs Major Subdivision – Findings of Fact and Order 6 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: a. Pursuant to Section 38.06.040.D.6 of the BMC, conditional approval of the Preliminary Plat shall be in force for not more than one calendar year for minor subdivisions, two years for single-phased major subdivisions and three years for multi-phased major subdivisions. Prior to that expiration date, the developer may submit a letter of request for the extension of the period to the Community Development Director for the City Commission’s consideration. The City Commission may, at the written request of the developer, extend its approval for no more than one calendar year, except that the City Commission may extend its approval for a period of more than one year if that approval period is included as a specific condition of a written subdivision improvements agreement between the City Commission and the developer, provided for in §38.41.060, BMC. b. Section 38.02.050, BMC - Water rights or cash-in-lieu thereof, as calculated by the City Engineer’s Office, is due with each final plat(s) of the major subdivision. c. Section 38.21.060.C.1, BMC “Corner Lots” – The property owner’s association documents shall provide language stating that all corner lots shall have the same orientation as dwellings on lots on the interior of the block. The final plat shall indicate the orientation of all corner lots. d. Section 38.23.030.D, BMC corner lots shall have sufficient width to permit appropriate building setbacks from both streets and provide acceptable visibility for traffic safety. Further, homes on corner lots shall have the same orientation as homes on lots on the interior of the block, unless otherwise approved through an overall development plan. Covenants shall contain information regarding the orientation for all corner lots. The preliminary plat shall indicate the orientation of all corner lots. e. Section 38.23.050, BMC “Utilities” - Utilities shall be placed underground, wherever technically and economically feasible. If overhead utility lines are used, they shall be placed along the rear property line. f. Section 38.23.060.B, BMC “Private Utilities” – The final plat and homeowner’s association documents shall contain a note stating that if a utility easement is greater than the building setback required by Chapter 38, B.M.C. said easement shall apply. All utility easements shall be noted on the Final Plat for each typical subdivision lot/block. g. Section 38.23.120, BMC - If mail will not be delivered to each individual lot within the development, the developer shall provide an off-street area for mail delivery within the 21 Partridge Downs Major Subdivision – Findings of Fact and Order 7 development in cooperation with the United States Postal Service. All cluster mail boxes must be ADA accessible and placed accordingly. It shall not be the responsibility of the City to maintain or plan any mail delivery area constructed within a City right-of-way. h. Section 38.25.020.A, BMC “Parking Dimensions” – The homeowners’ association documents shall include language stating the minimum provisions for one-stall and two-stall vehicle garages as outlined by Section 38.25.020.A, BMC. i. Section 38.26.050.E, BMC “Street Frontage’ – The homeowner’s association documents shall contain language stating that all street rights-of-way contiguous to or within the proposed development site not used for street pavement, curbs, gutters, sidewalks or driveways (i.e., street boulevards) shall be landscaped, as defined in the Bozeman Municipal Code, and shall include one (1) large canopy tree for each 50 feet of total street frontage rounded to the nearest whole number. For street trees, a City of Bozeman planting permit for street trees and obtaining utility locations before any excavation begins in the City of Bozeman right-of-way. The covenants shall include a planting note stating that the planting hole shall be at least twice the diameter of the root ball, that the root flare of the newly planted tree is visible and above ground, and there shall be a mulch ring 3’- 4’ in diameter around each newly planted boulevard tree. j. Section 38.26.070, BMC “Landscaping of Public Lands” - Requires the subdivider to install irrigation, turf grass and street trees on the portions of open space and parkland adjacent to public streets. Trees may not be located within 10 feet of sewer and water services. Sewer and water services shall be shown on the landscaping plan of the park and open space plan, and be approved by the Water/Sewer Superintendent. A landscape plan prepared by a certified nurseryperson shall be submitted, identifying the location and tree species to be installed by the developer, prior to installation of the trees or prior to final plat approval, whichever comes first. k. Section 38.27.090, BMC “Waiver of Park Maintenance District – Prior to final plat approval, executed waivers of right to protest the creation of special improvement districts (SIDs) for a park maintenance district will be required to be filed and of record with the Gallatin County Clerk and Recorder, unless already previously filed. l. Section 38.38.030, BMC “Covenants” - Covenants, restrictions, and articles of incorporation for the creation of a property owners’ association shall be submitted with the final plat application for review and approval by the Planning Office and shall contain, but not be limited to the following items: 1) the orientation and setbacks for corner lots, 2) all additional setbacks required when lots are adjacent to pathway corridors and minor arterial roads, 3) provisions for fences, 4) provisions for snow removal, maintenance and upkeep of all common areas, public and private parks, trails, storm water runoff facilities, 5) guidelines that outline architectural and landscape requirements for each individual lot and/or phase of the subdivision, including placement of boulevard trees at a regular spacing for each residential lot, 6) provisions that outline the renewal of an annual contract with a certified landscape nursery person for the upkeep and maintenance of all parklands, common open space, trails, etc., 7) landscape details for detention ponds, outlet structures, boulevard trees, parkland, irrigation, etc., 8) architectural guidelines for residential character, porches, fenestration treatment, placement of garages, boulevard trees, 9) noxious weed control, 10) 22 Partridge Downs Major Subdivision – Findings of Fact and Order 8 parking within residential structures, and 11) assessment of existing and future Special Improvement Districts. These documents shall be submitted to the city attorney and shall not be accepted by the City until approved as to legal form and effect. A draft of these documents must be submitted for review and approval by the Community Development Department at least 30 working days prior to submitting a final plat application. These documents shall be executed and submitted with the initial final plat to be filed with the Gallatin County Clerk and Recorder at the time of final plat recordation. m. Section 38.39.030, BMC “Completion of Improvements” - If it is the developer’s intent to file the plat prior to the completion of all required improvements, an Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval. If the final plat is filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150 percent of the cost of the remaining improvements. n. Pursuant to Section 38.39.030.B.2, BMC “Sidewalks” – The final plat and homeowner’s association documents shall include language stating that “upon the third anniversary of the plat recordation of any phase of the subdivision, any lot owner who has not constructed said sidewalk shall, without further notice, construct within 30 days, said sidewalk for their lot(s), regardless of whether other improvements have been made upon the lot.” o. Section 38.41.50A.5 “Documents and Certificates” - A draft copy of the covenants, restrictions, and articles of incorporation for the creation of a homeowners’ association shall be submitted with the preliminary plat application for review and approval by the Department of Community Development and shall contain, but not be limited to, provisions for assessment, maintenance, repair and upkeep of private streets, common open space areas, public parkland/open space corridors, mail delivery areas, stormwater facilities, public trails, snow removal, and other areas common to the association pursuant to Article 41 of the Bozeman Unified Development Code. p. The final plat must be in compliance with all requirements of Section 38.41.070, BMC “Final Plat,” including, but not limited to the following items: 1) Section 38.41.070.A.3 states that 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. 2) Irrigation System As-Builts - The developer shall provided irrigation system as-builts, for all irrigation installed in public rights-of-way and/or land used to meet parkland dedication requirements, 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. q. Section 38.41.080.2.g.9, BMC requires A Stormwater Master Plan for the subdivision for a system designed to remove solids, silt, oils, grease, and other pollutants from the runoff from the private and public streets and all lots must be provided to and approved by the City Engineer. 23 Partridge Downs Major Subdivision – Findings of Fact and Order 9 The master plan must depict the maximum sized retention/detention basin location, and locate and provide easements for adequate drainage ways within the subdivision to transport runoff to the stormwater receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin sites, drainage ways, and lot finished grades), typical stormwater retention/detention basin and discharge structure details, basin sizing calculations, and a stormwater maintenance plan. Any stormwater ponds located within park or open space shall be designed and constructed so as to be conducive to the normal use and maintenance of the park or open space. Storm water ponds shall not be located on private lots. 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. r. A Storm Water Management Permit (SMP) must be submitted and approved by the City Engineer. 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. s. BMC Section 38.23.070 specifies that the Developer's engineer will be required to prepare a comprehensive design report evaluating existing capacity of water and sewer utilities which must be provided to and approved by the City Engineer. The report must include hydraulic evaluations of each utility for both existing and post-development demands. The report findings must demonstrate adequate capacity to serve the full development. The report must also identify the proposed phasing of water and sewer construction. If adequate water and/or sewer capacity is not available for full development, the report must identify necessary water system and sewer system improvements required for full development. The Developer will be responsible to complete the necessary system improvements to serve the full development. t. All water mains over 500 feet in length must be looped. u. The transfer of water rights or the payment of cash in lieu of water rights shall be provided in accordance to BMC section 38.23.180. v. BMC Section 38.41.080.g.7 requires the location of and distinction between existing and proposed sewer and water mains and all easements shall be clearly and accurately depicted on the plans and specs, as well as all nearby fire hydrants and proposed fire hydrants. w. BMC Section 38.23.060.c specifies any easements needed for the water and sewer main extensions shall be a minimum of 30 feet in width. While the final location of the water and sewer mains will be determined once the final street widths are approved, in no case shall the utility be less than 10 feet from the edge of the easement. All necessary easements shall be provided prior to final plat approval and shall be shown on the plat. Wherever water and/or sewer mains are not located under or accessed from improved streets, a 12 foot wide all weather access drive shall be constructed above the utilities to provide necessary access. x. BMC Section 38.24.010.A.1 requires that streets within the proposed development shall be constructed to the boundary lines of the tract to be developed, unless prevented by topography or other physical conditions. Durston Road shall be constructed to City standard 24 Partridge Downs Major Subdivision – Findings of Fact and Order 10 for the north half of the street for the section that borders this subdivision. All other streets within the subdivision shall be fully constructed to City standards. y. BMC Section 32.23.070 specifies plans and Specifications for water and sewer main extensions, prepared and signed by a Professional Engineer (PE) registered in the State of Montana shall be provided to and approved by the City Engineer. Water and sewer plans shall also be approved by the Montana Department of Environmental Quality. The applicant shall also provide Professional Engineering services for Construction Inspection, Post- Construction Certification, and preparation of mylar Record Drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a preconstruction conference has been conducted. z. No building permits shall be issued prior to City acceptance of the required infrastructure improvements unless concurrent construction is granted. aa. City standard curb, gutter and sidewalk shall be provided along all streets in the subdivision. Per BMC section 38.24.080 of the UDC sidewalks will be installed prior to occupancy of any individual lots. bb. All street and alley intersections should meet the spacing criteria in BMC section 38.24.090.D unless a deviation can be justified. The information required by 38.24.090.H must be submitted to support any spacing deviation request. cc. 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. dd. BMC Section 38.41.020 outlines additional permits that may be required beyond what is administered by the City of Bozeman. The Montana Department of Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineer’s shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to plan and specification approval. ee. The applicant shall submit a construction route map dictating how materials and heavy equipment will travel to and from the site in accordance with BMC 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 infrastructure plans for subdivisions. It shall be the responsibility of the applicant to ensure that the construction traffic follows the approved routes. ff. All construction activities shall comply with BMC 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. 25 Partridge Downs Major Subdivision – Findings of Fact and Order 11 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 November 27, 2013. The pre-application was reviewed by the DRC on December 11, 18, and January 8, 2014 and summary review comments were forwarded to the applicant in preparation of the preliminary plat application and granted numerous supplemental information waivers under 38.41.060, BMC. A complete preliminary plat application was submitted on March 11, 2014 and after the receipt of additional information required by Title 38 of the Bozeman Municipal Code (BMC) on March 19, 2014 was deemed acceptable for initial review on March 19, 2014. The preliminary plat was reviewed by the DRC on March 26, April 2 and 9, 2014. The DRC and Staff determined the submittal contained detailed, supporting information that is sufficient to allow for the review of the proposed subdivision on March 26, 2014. Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday, April 20, 2014. The site was posted with a public notice on April 21, 2014. 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 April 18, 2014. No written comment on the application was received. On May 1, 2014 the subdivision staff report was drafted and forwarded with a recommendation of conditional approval by the Planning Director for consideration by the Bozeman Planning Board. A revised staff report was drafted on May 22, 2014 incorporating a summary of the Planning Board’s discussion and recommendation for the City Commission. The Planning Board considered the application on May 6, 2014. The City Commission made a final decision at their June 2, 2014 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 June 26, 2014. 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 public streets constructed to City standards with lot frontage meeting minimum standard shown on the preliminary plat. In addition, pursuant to Section 38.24.090.A, BMC, plats shall contain a statement requiring lot accesses to be built to the standard contained in this section, the city design standards and specifications policy, and the city modifications to state public works standard specifications. IX. After considering all matters of record presented at the public hearing, the City Commission found that preliminary plat for the Partridge Downs 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 26 Partridge Downs Major Subdivision – Findings of Fact and Order 12 conditions were imposed. The evidence, as stated or referenced in these Findings of Fact, justifies the imposition of the conditions ordered herein to ensure that the final plat complies with all applicable regulations and all required criteria. ORDER THEREFORE, IT IS HEREBY ORDERED, on a vote of 4-0 (Deputy Mayor Taylor excused), that the Preliminary Subdivision Plat of the Partridge Downs Major Subdivision be approved, subject to the following conditions: 1. The Final Plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey and Subdivision Plats (24.183.1104 and 24.183.1104 ARM) and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The Final Plat application shall include three (3) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies; one (1) PDF copy; and five (5) paper prints. The Gallatin County Clerk & Recorder’s office has elected to continue the existing medium requirements of 2 mylars with a 1½” binding margin on one side for both plats and COS’s. The Clerk and Recorder will file the new Conditions of Approval sheet as a separate document from the Plat. This accompanying sheet may either be on a same sized mylar sheet or a letter or legal paper document with up to 11x17 exhibits. 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 in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. 3. 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. 4. Phasing for the major subdivision shall be clearly delineated using phase letters, in-lieu of numbers (i.e., Phase 2A, 2B, 2C and 2D). 5. The homeowner’s association documents shall reference a 25-foot yard setback along Durston Road pursuant to Section 38.21.060.C.2, BMC. 6. Should the subdivider propose subdivision perimeter fencing, a fencing plan that includes plans and specifications to fence the perimeter of the project shall be provided for review and approval prior to final plat approval. 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 all park land and open space areas. This requirement with appropriate 27 Partridge Downs Major Subdivision – Findings of Fact and Order 13 exhibits of fence types shall be addressed and illustrated in the home owner’s association documents. 7. Buildings constructed on lots fronting along Durston Road shall have double-front architectural features facing the roadway as found on the front of the dwellings units, for example; end gables, covered porches, varied roof lines, multiple façade materials, varied façade plane, and decorative lighting. These architectural requirements shall be addressed and demonstrated in the homeowner’s covenants/development guidelines. 8. 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. 9. Homeowner’s association documents shall address the requirements for street trees, a City of Bozeman planting permit for street trees and obtaining utility locates 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. Street lighting, including pathway intersection lighting, shall be installed by the subdivider. Light locations and specifications shall be provided to the City Engineer for review and approval with the public improvements plans and specifications. All street light poles shall be installed a minimum of 10’ from any water or sewer main or appurtenance. 11. Subdivision lighting SILD information shall be submitted to the Clerk of Commission 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. 12. Documentation of compliance with the parkland dedication requirements of Section 38.27.020, BMC shall be provided with the final plat. A table showing the parkland requirements for the subdivision and the method of meeting the parkland dedication shall be included on the final plat, or other recordable document acceptable to the City of Bozeman. This table shall include but not be limited to listing all dedicated parkland requirements, parkland or parkland credits and areas not credited towards parkland (i.e., detention/retention areas, watercourse setbacks, wetlands, common open space, parking facilities) and the total area of each. The applicant shall provide a minimum of 0.9 acres of dedicated parkland or equivalent thereof with the major subdivision. This amount is calculated based on 30 single household residential lots at 0.03 acres per dwelling of dedicated parkland. The final plat, property owner’s association documents (POA), and park master plan may not include any reference to “dedicated” open space and Public Park; rather if the areas designated as such on the preliminary plat are to be common open space owned by the POA or a park owned by the POA, or a combination thereof the plat, POA documents and park master plan must specifically designate them as common open space owned by the POA, etc. unless the applicant intends to dedicate public parkland within the subdivision. 28 Partridge Downs Major Subdivision – Findings of Fact and Order 14 13. The final plat shall include a transfer of private improvements certificate to read substantially as follows: CERTIFICATE OF TRANSFER OF OWNERSHIP & COMPLETION OF NON- PUBLIC IMPROVEMENTS The following are hereby granted and donated to the property owners association noted below for their use and enjoyment: Common Open Space parcels designated with letters A, B, C, D, E, F, G and H. Unless specifically listed in the Certificate of Dedication, the city accepts no responsibility for maintaining the same. I, (Subdivider), hereby further certify that the following non-public improvements, required to meet the requirements of Chapter 38 of the Bozeman Municipal Code, or as a condition(s) of approval of the subdivision plotted herewith, have been installed in conformance with any approved plans and specifications prepared in accordance with the standards of Chapter 38 or other City design standards, or have been financially guaranteed and are covered by the subdivision improvements agreement accompanying and recorded with this plat. Installed Improvements: (LIST ITEMS). Financially Guaranteed Improvements: (LIST ITEMS OR STATE NONE). The subdivider hereby grants ownership of all non-public infrastructure improvements to the property owners association created by Document Number ______________________(To be filled in when recorded) By: (Subdivider) Date: _____________________________ 14. The final plat shall contain the following notation on its face or in a document to be recorded with the final plat: “Ownership of all common open space areas and trails, and responsibility of maintenance thereof and for city assessments levied on the common open space lands shall be that of the property owner’s association. Maintenance responsibility shall include, in addition to the common open space and trails, all vegetative ground cover, boulevard trees and irrigation systems in the public right-of-way boulevard strips along all external perimeter development streets and as adjacent to public parks or other common open space areas. All areas within the subdivision that are designated herein as common open space including trails are for the use and enjoyment by residents of the development and the general public. The property owner’s association shall be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all common open space areas and trails. At the same time of recording the final plat for each phase of the subdivision the subdivider shall transfer ownership of all common open space areas within each phase to the property owner’s association created by the subdivider to maintain all common open space areas within Partridge Downs Subdivision. 15. The final plat shall contain the following notation on its face or in a document to be recorded with the final plat pursuant to the Hanson Annexation Agreement (Resolution 4508): “The existing structure may continue to utilize the on-site groundwater well for domestic use until: a) the existing well fails to the point it needs to be drilled deeper or replaced; b) the existing structure is converted to any use 29 Partridge Downs Major Subdivision – Findings of Fact and Order 15 other than a residence; c) the existing structure is removed or destroyed, beyond 50 percent of the market value, or d) other habitable development occurs anywhere on the annexed parcel.” 16. The final plat shall contain the following notation on its face or in a document to be recorded with the final plat pursuant to the Hanson Annexation Agreement (Resolution 4508): The existing structure may continue to utilize the on-site sewer system until: a) the existing on-site sewer system fails; b) the existing residential structure is converted to any use other than a residence; c) the existing residential structure is removed or destroyed, by whatever means, beyond 50 percent of the market value, or d) other habitable development occurs anywhere on the annexed parcel. If the existing on-site sewer system fails, the existing structure must connect to the public sanitary sewer main. A replacement on-site sanitary sewer system cannot be utilized. At the time the existing on-site sewer system is disconnected, the on-site system must be properly vacated and removed, which at a minimum entails the septic to be pumped and filled in with gravel/dirt, or the tank totally removed, as required by the Gallatin County Health Department.” 17. The applicant shall provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) for the following: a. Street improvements to Durston Road including paving, curb/gutter, sidewalk, and storm drainage (unless currently filed with the property). b. Signalization of the intersection of Ferguson Avenue and Durston Road. The document filed shall specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. 18. The location of mailboxes shall be coordinated with the City Engineering Department prior to their installation. 19. Street names must be approved by the City Engineer and Gallatin County road office prior to final plat approval. 20. All streets contained within the subdivision shall be within dedicated public right of way and built to city standard. 21. Project phasing shall be clearly defined on the infrastructure plans and specifications including installation of infrastructure. 22. A one foot no access strip shall be recorded on the final plat restricting access for any lots fronting onto Durston Road. 23. Secondary accesses will be required with each individual phase of this development as the project proceeds from one phase to the next. 30 Partridge Downs Major Subdivision – Findings of Fact and Order 16 24. The sidewalks on Durston must be 6’ wide and 6” thick. 25. Road geometry should meet the criteria in the City of Bozeman design standards unless a deviation can be justified. 26. Upon availability of service, any existing residence/business on the property must be connected to City water and sewer utilities. The existing on-site treatment systems must be properly abandoned and certification provided the abandonment occurred. Any wells presently used for domestic purpose can be retained for irrigation only with no physical connection to domestic water piping. 27. Any proposed public street lighting shall be LED. 28. The proposed subdivision is located within the Far West Sewer and the Meadow Creek Sewer Payback districts. These payback districts must be paid before final plat. 29. The necessary right of way shall be dedicated with the final plat for the following streets: a. Hanson Street (local street) – 60 feet. b. Rose Street (local street) – 60 feet. c. Sheridan Avenue (local street) – 60 feet. d. Durston Road (Minor Arterial) – 45 feet. Durston Road’s current classification requires 100 feet of right of way (or 50 feet on each side of center line). In previous transportation plans minor arterials only required 90 feet of dedicated right of way (or 45 feet on each side of center line). During the Pre-App phase of the subdivision the applicant requested that the subdivision only dedicate 45 feet in order to match the dedication of the surrounding development. The City Engineer reviewed this request, and per BMC section 38.34.010.D allowed 45 feet of dedicated right of way for Durston Road. 31 Partridge Downs Major Subdivision – Findings of Fact and Order 17 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 , 2014. BOZEMAN CITY COMMISSION _________________________________ JEFFREY K. KRAUSS Mayor ATTEST: _______________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 32 33