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HomeMy WebLinkAbout04- West Winds Subdivision West Winds Major Subdivision Findings of Fact and Order #P-04002 BEFORE THE BOZEMAN CITY COMMISSION GALLATIN COUNTY, MONT ANA IN THE MATTER OF THE APPLICATION OF FINDINGS QUEST WEST, LLC REPRESENTED BY OF FACT HKM ENGINEERING, FOR PRELIMINARY AND ORDER APPROVAL OF WEST WINDS SUBDIVISION. This matter came before the Bozeman City Conunission on May 24,2004, for review and decision pursuant to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-625, Montana Codes Annotated, and the City of Bozeman Subdivision Regulations, City of Bozeman Growth Policy, and City of Bozeman Unified Development Ordinance. The applicant presented to the Commission a proposed Preliminary Subdivision Plat for a Major Subdivision of 31.05 acres, as Phase lA and 1B of the 160.30 acre parcel, into 46 single- household, 40 townhouse and 2 multi- household lots and a 129.25 acre remainder as submitted in its original form on March 5, 2004, # P-04009. The Commission held a public hearing on the preliminary plat and considered all relevant evidence relating to the public health, safety, and welfare, including the recommendation of the planning board, to determine whether the plat should be approved, conditionally approved, or disapproved. It appeared to the Commission that all parties 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 Commission makes the following Findings of Fact, as required: FINDINGS OF FACT I. On March 4, 2004, Quest West, LLC, represented by HKM Engineering, submitted an application for approval to create a Major Subdivision of 31.05 acres, as Phase lA and 1B of the 160.30 acre parcel, into 46 single-household, 40 townhouse and 2 multi-household lots and a 129.25 acre I West Winds Major Subdivision Findings of Fact and Order #P-04009 remainder. The propeny is legally described as NW%, Section 2, T2S, RSE, City of Bozeman, Gallatin County, Montana. The subject property is zoned "R-3" (Residential Medium Density District). II. The comments of the Development Review Committee, along with those of Planning & Community Development Staff, were incorporated into a staff repott with suggested conditions of approval, which was provided to the City of Bozeman Planning Board.. III. Notice of the time and date of the public meeting and public hearing was posted at the site on April 16, 2004. Said notice also served to inform interested persons that materials were available for review at the Bozeman Planning & Community Development Depattment. The City of Bozeman Planning Board opened the public meeting on April 20, 2004. The Planning Board found that the application was properly submitted and reviewed under the procedures of the City of Bozeman Unified Development Ordinance. Staff reviewed the staff repon and the evidence, which justified the imposition of conditions. The Planning Board then opened the public meeting. One developer working with the property owner spoke in favor of the proposed subdivision. The Planning Board closed the public meeting. The City of Bozeman Planning Board then moved to recommend approval of the subdivision with conditions as recommended by Staff and passed on a vote of 7 in favor and 0 in opposition. IV. The application was considered by the Bozeman City Commission at its regular meeting on May 10,2004, at which time the recommendation of the Planning Board and information compiled by City staff was reviewed. The City Commission voted to defertheir decision to May 24,2004. -2- I West Winds Major Subdivision Findings of Fact and Order #P-04009 I V. PRIMARY REVIE W CRITERIA A Effects on agriculture, agricultural water user facilities, local sernces, the natural environment, wildlife and the wildlife habitat, and public health and safety. The property is currently a "highly productive" agricultural field used for hay production. However, the propeny has been master planned for Residential development. The wban density development will replace the existing agricultural uses. The subdivider must provide assurance that no agricultural water user facilities will be impacted by the abandonment of the ditch. The annexation agreement reserved capacity for 960 dwelling units. Municipal water, sewer, roads and emergency services will be provided to the propeny. Sufficient sewer capacity and traffic impacts will be reviewed further with each phase of the subdivision. The Level of Service will need to be addressed with each Preliminary Plat submittal. The applicant has requested a relaxation to the watercourse setback.. Approval of the setback relaxation could significantly impact the existing wildlife and wildlife habitat associated with Cattail Creek.. The 50 foot buffer required with a watercourse is essential for continued support the usual small mammals found in riparian areas. The applicant is aware of the permitting required for discharging storm water into a stream and will be required to obtain the necessary pemnts. B. Compliance with the following: 1. The survey requirements provided for in Part 4 of the Montana Subdivision and Platting Act. The subdivision currently complies and will remain in compliance with survey requirements of the Act. 2. The local subdivision regulations provided forin 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 unless granted a relaxation through the Planned Unit Development process. 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. The following requirements are standards of the Unified Development Ordinance and shall be addressed on the final plat: -3- I West Winds Major Subdivision Findings of Fact and Order #P-04009 I . The Restricted Size Lots shall be noted on the Final Plat. . As recommended by the State Historical Preservation Office (SHPO), a professional cultural resource inventory of the site shall be conducted by a qualified archeologist. The results of said survey must be provided to the Planning Department prior to the submittal of any infrastructure plans and specifications. . Prior to final plat approval, a Memorandum of Understanding shall be entered into by the Weed Control District and the subdividerforthe control of county declared noxious weeds and a copy provided to the Planning Department. . If approved for Concurrent Construction the property owner shall comply with items 1- 12 of Section 18.7 4.030.D. . Conditional approval of the preliminary plat shall be in force for not more than three calendar years, as provided by state statute. Priorto that expiration date, the developer may submit a letter of request for the extension of the period to the Planning Director for the City Commission's consideration. . If it is the developer's intent to me 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 priorto the installation of all improvements, the developer shall supply the Cityof Bozeman with an acceptable method of security equal to 150% of the cost of the remammg 1Illprovements. . The final plat shall conform to all requirements of the Unified Development Ordinance and the Uniform Standards for Final Subdivision Plats and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required certificates. The final plat application shall include four (4) signed reproducible copies on a stable base polyester film (or equivalent); two (2) digital copies on a double-sided, high density 3 %-inch floppy disk or compact disk; and five (5) paper prints. . Storm Water :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 has been provided to the City Engineer. The applicant is advised that although the general storm drainage and grading concept has -4- I West Winds Major Subdivision Findings of Fact and Order #P-04009 I been reviewed, the submitted data will be subject to further review as part of the infrastructure plan and specification review process. . Stormwater generated by the proposed subdivision which discharges to any privately owned ditch must have the written pennission of the ditch owner. . The Developer's engineer has provided a comprehensive Design Report evaluating existing capacity of water and sewer utilities forthe entire West Wmds P.UD... Detailed review and approval of the Design Report will be required as part of the infrastructure plan and specification review and approval process. . 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. . 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. . Plans and Specifications for water and sewer main extensions, prepared and signed bya Professional Engineer (PE) registered in the State of Montana shall be provided to and approved by the Gty 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. No building pennits shall be issued prior to City acceptance of the required infrastructure improvements unless approved for concurrent construction. . Any street rights of way which are within the boundaries of this subdivision and for which easements were provided with the XL Limited Partnership Armexation Agreement shall be dedicated to the Gty on the Final Plat for this subdivision. . A detailed Traffic Study Report for the entire West Wmds Development has been provided to and reviewed by the City Engineer's office. Additional information is needed prior to approval of the Phase I improvements. The Traffic Study Report shall include an analysis of possible warrants at all the proposed intersections with Oak -5- I West Winds Major Subdivision Findings of Fact and Order #P-04009 Street. The Traffic Study Repon shall also address pedestrian crossing issues at the intersection of Oak Street and N 27th Avenue and make recommendations for approval. The need for any traffic impact analysis updates will be identified at the time of Pre- Application submittal for each subsequent phase. . Street names must be approved by the Gty Engineer and county road office. . Gty standard curb, gutter and sidewalk shall be provided along all streets in the subdivision. Per O1apter 18.44.080 of the Unified Development Ordinance, sidewalks will be installed prior to occupancy of any individual lots. . The applicant is advised that the installation of any traffic cahning devices will be considered in detail and approved if appropriate during the infrastructure plan and specification review process. . All typical street sections, including sidewalk location within the right-of-way and provisions for bicyclists shall be in conformance with the street standards recommended in the Grrater Bazemm A rea Transportation Plan, 2001 Update, unless otherwise approved by the Gty Commission, or by the Gty Engineer through the plan and specification review and approval process. . Plans and Specifications for streets and storm drainage facilities, prepared and signed by a Professional Engineer (PE) registered in the State of Montana shall be provided to and approved by the Gty Engineer. The applicant shall also provide Professional Engineering services for Construction Inspection, Post-Construction Cenification, 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. No building pennits shall be issued prior to City acceptance of the required infrastructure improvements unless approved for concurrent construction. . Project phasing shall be clearly defined on the infrastructure plans and specifications including installation of infrastructure. . The location of mailboxes shall be coordinated with the Gty Engineering Depanment prior to their installation. . The Montana Depanment of Fish, Wildlife and Parks, sa;, Montana Depanment of Environmental Quality and Army Corps of Engineer's shall be contacted regarding the proposed project and any required pennits (i.e., 310, 404, Turbidity exemption, ete.) shall be obtained prior to plan and specification approval. -6- I West Winds Major Subdivision Findings of Fact and Order #P-04009 . If construction activities related to the project result in the distwbance of more than 1 acre of natural ground, an erosion! sediment control plan may be required. The Montana Department of Environmental Quality may need to be contacted by the Applicant to determine if a Stormwater Discharge Permit is necessary. If a permit is required by the State, the Developer shall demonstrate to the Gty full permit compliance. 3. The local subdivision review procedure provided for in Part 6 of the Montana Subdivision and Platting Act. The Planning Board and Gty Commission hearings have been properlynouced, as required in the Unified Development Ordinance. C. The provision of easements forthe location and installation of any planned utilities. All utilities and necessary utility easements will be provided and depicted on the final plat. D. The provision oflegal and physical access to each pan:el within the subdivision and the required notation of that access on the applicable plat and any instrument of t:r.1nsfer concerning the pan:el A11lots within the subdivision will have direct access to the dedicated public streets. ORDER After considering all matters of record presented at the public hearing, the Bozeman Gty Commission found that the proposed subdivision would comply with the Gty of Bozeman Growth Policy and the requirements of the Gtyof Bozeman Unified Development Ordinance and the Montana Subdivision and Platting Act, if certain conditions were imposed. The evidence, as stated or referenced in the 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. TI-IEREFORE, IT IS HEREBY ORDERED that the Preliminary Subdivision Plat of the West Wmds Subdivision for the property owner, Quest West LLC, be approved, subject to the following conditions: -7- I West Winds Major Subdivision Findings of Fad and Order #P-04009 I 1. Phase 1A and 1B of the West Wmds Subdivision shall comply with the approved Planned Unit Development. 2. The final plat shall include a notation that due to high ground water conditions full or partial basements are not recommended. 3. Cash-in-lieu of Water Rights, as calculated by the Director of Public Service, shall be paid at the time the Final Plat is submitted. 4. The propeny owner has proposed that Lot 7 of Phase 1A will be developed with an affordable housing project in order to meet the Perfonnance Points for a Planned Unit Development. The final plat shall note that Lot 7 is reserved for affordable housing. The plat shall also note that in the event the lot does not get developed with affordable housing that the propeny owner shall provide an alternative means to meet the Planned Unit Perfonnance standards. 5. The final plat shall contain a note prohibiting direct access from single family or duplex lots to Oak Street and N. 27th Avenue. 6. The west half of N 27th Avenue, from Oak Street to Breeze Lane, and the nonh half of Oak Street, from N 27th Avenue to Hunters Way must be constructed and accepted by the Cityprior to filing the Final Plat for Phase lA The west half of N 27th Avenue, from Tschache Lane to Breeze Lane must be constructed and accepted by the City prior to filing the Final Plat for Phase lB. The overall design of Oak Street shall include a detailed assessment of traffic needs and design solutions for the phasing. The timing of the development of Harvest Oeek shall be taken into account as well. The Phase 1A infrastructure improvements shall include improvements to the intersection of Oak Street and N 27th Avenue to provide a transition between the existing and the future roadway. Design of the intersection is also to accommodate the existing overhead power lines. The intersection design will be reviewed and approved by the City Engineering Office as a part of the infrastructure improvements review process. 7. There is a discrepancy between Traffic Impact Studies provided for the North 19th Avenue and Durston Road intersection regarding the Level of Service. If it is confirmed the intersection operates below Level of Service D, then the Final Plat for Phase 1 may not be filed until the improvements necessary to raise the Level of Service at the intersection of North 19th Avenue and Durston Road to Level of Service C are installed and accepted by the City of Bozeman. 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 these Findings by the City Commission, by following the procedures of Section 76-3-625, MeA The preliminary approval of this subdivision -8- I West Winds Major Subdivision Findings of Fact and Order #P-04009 I shall be effective forthree years from the date of adoption of these Findings by the City Commission. At the end of this period the City Commission may, at the written request of the subdivider, extend its approval as provided for in the City of Bozeman Unified Development Ordinance. DATED this 9th day of August ,2004. COMMISSION By: Andre ATTEST: ~L.L~ derk of the Commission APPROVED AS TO FORM I #..' ~ COf't..<( Timothy A Cooper Acting City Attorney -9-