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HomeMy WebLinkAbout04- West Meadows Subdivision -.. .. ....---- _. __n_. _____ I West Meadows Major Subdivision Findings of Fact and Order #P-04032 I BEFORE THE BOZEMAN aTY COMMISSION GALLATIN COUNTY, MONT ANA IN THE MATTER OF THE APPLICATION OF FINDINGS YVONNE JARRETT AND EUGENE GRAF III, OF FACf ET. AL. REPRESENTED BY THE APPLICANT AND ORDER PC DEVELOPMENT AND ROCKY MOUNTAIN ENGINEERS, FOR PRELIMINARY APPROVAL OF WEST MEADOWS SUBDIVISION. This matter came before the Bozeman Gty Commission on August 23, 2004 for review and September 7,2004 decision, pursuant to the Montana Subdivision and Platting Act, Section 76-3-101 through 76- 3-625, Montana Codes Annotated, and the Gty of Bozeman Subdivision Regulations, Gty of Bozeman Growth Policy, and Gty of Bozeman Unified Development Ordinance. The applicant presented to the Commission a proposed Preliminary Subdivision Plat for a Major Subdivision of 23.93 acres into 60 single-household lots as submitted in its original form onJlUle 25, 2004, # P-04032. 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 detennine whether the plat should be approved, conditionally approved, or disapproved. It appeared to the Commission that all panies wishing to appear and comment were given the OPPOnurlltyto 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. OnJlUle 25, 2004, Yvonne Jarrett and Eugene Graf III, et. al. represented by the applicant PC Development and Rocky MOlUltain Engineers, submitted an application for approval to create a Major Subdivision of 23.95 acres into 60 single~household lots. The propeny is legally described Lot 2, South I West Meadows Major Subdivision Findings of Fact and Order #P-04032 I Meadow Minor Subdivision No. 294, Gty of Bozeman, Gallatin O:>unty, Montana. The subject property is zoned "R-1" (Residential Single Household Low Density District). II. The comments of the Development Review Committee, along with those of Planning & Community Development Staff, were incorporated into a staff report with suggested conditions of approval, which was provided to the Gty of Bozeman Planning Board. III. Notice of the time and date of the public meeting and public hearing was posted at the site on August 3, 2004. Said notice also served to inform interested persons that materials were available for review at the Bozeman Planning & Community Development Department. The Gty of Bozeman Planning Board opened the public meeting on August 17, 2004. The Planning Board found that the application was properly submitted and reviewed under the procedures of the Gty of Bozeman Unified Development Ordinance. Staff reviewed the staff report and the evidence, which justified the imposition of conditions. The Planning Board then opened the public meeting. There was no public testimony. The Planning Board closed the public meeting. The Gty of Bozeman Planning Board then moved to recommend approval of the subdivision with conditions as recommended by Staff and passed on a vote of 6 in favor and 0 in opposition. IV. The application was considered by the Bozeman Gty Commission at its regular meeting on August 23, 2004, at which time the recommendation of the Planning Board and information compiled by Gty staff was reviewed. The GtyCommission voted to defer their decision to September 7, 2004. -2- I West Meadows Major Subdivision Findings of Fact and Order #P-04032 I V. PRIMARY REVIE W CRITERIA A Effects on agriculture, agricultural water user facilities, local services, the natural environment, wildlife and the wildlife habitat, and public health and safety. The property was previously used for hay production. However, the property has been master planned for Residential development. The uman density development will replace the existing agricultural uses. Municipal water, sewer, roads and emergency services will be provided to the property. Sufficient water, sewer and street capacity exist to support the additional 10 residences and will not impact the Level of Service of the Graf Street and yd Avenue intersection. B. Compliance with the following: 1. The sUlvey 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 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 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: . Conditional approval of the preliminary plat shall be in force for not more than three calendar years, as provided by state statute. Prior to 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 fue 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 -3~ .-.-..-----.........-- I West Meadows Major Subdivision Findings of Fact and Order #P-04032 I Boze~n :vith an acceptable method of security equal to 150% of the cost of the remammg Improvements. . 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 cenification from the City Engineer that as-built drawings for public improvements were received, a platting cenificate, and all required cenificates. 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 3V2-inch floppy disk or compact disk; and five (5) paper prints. . A watercourse setback planting plan shall be prepared by a qualified landscape professional and shall be reviewed and approved by the Planning Department priono the commencement of development or site preparation. The plan, to be submitted in conjunction with the final plat, shall include a schedule for planting and landscaping as outlined for Zone 1 and Zone 2 outlined in 18.42.100. . Pathway intersection lighting shall be installed at all intersections of pathways and streets, located within the subdivision and along existing streets abutting the development. All pathway lighting shall comply with the City of Bozeman specifications. . Section 18.48.070 requires the subdivider to install irrigation, sod and street trees on all external streets and adjacent to public parks or other open spaces. The final plat submittal shall include a separate landscape plan identifying the location and species of the street trees. . Lots adjacent to the trail corridors will have a 15 foot side yard setback so some consideration should be given to the size of the those lots. The fd.1ouing original ronditions if appraml Wll still rwl to Ix: addressed uith the final pUtt. . Project phasing shall be clearly defined including installation of infrastructure. . 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 for erosion control along the stream channel for two growing seasons after relocation of the stream channel. A copy of this Understanding must be provided to the Planning Department. . All street names for interior streets must be approved by the County Road & Bridge Department and City Engineer to eliminate duplication of names countywide. -4- I West Meadows Major Subdivision Findings of Fact and Order #P-04032 I . The common lot line between Lots 97 and 98 shall be realigned to better match the alignment of the proposed sewer main. The realignment shall be subject to review and approval by the Water and Sewer Superintendent. . The Final Plat shall show the front, side, rear, and comer side yard setbacks for all residential lots subject to setback requirements effective at time of lot development. . Within the Protective Covenants, architecturaV development guidelines for the comer side lots fronting Graf Street shall be addressed. . Within the Protective Covenants, there shall be noted that the rear alley areas (30' right- of-way) shall be maintained free of parked cars, debris, tool sheds, etc. . The Final Plat shall indicate rear yard setback lines for Lots 84 and 85 to avoid any structures, including fences being built near the stand of mature trees or within the wetland area. Within the covenants, it shall be stated for Lots 84 and 85 that any proposed fence shall be constructed along the rear property setback lines (not property line) to ensure protection of mature trees and wetland areas. . Applicant shall provide a soils report, recommending types of fooodations. If development shall occur in phases, the soils report may address those lots within the proposed phase. This repon shall be subject to review and approval from the Building Depanment prior to filing the final plat. . The proposed trail areas shall be overlaid with a 20' wide public access easement and shown on the final plat. . Within the proposed trail areas, there shall be a Oass II trail constructed (3/8 minus gravel with a clay binder rolled). Trail layout and design must take into accooot the detention pond locations and safe passage through the wetland areas. Provisions within the covenants shall provide for the care and maintenance of. these areas, which will ensure usability for the homeowners and general public. . Applicant shall contact Montana Fish, Wildlife and Parks for their review and approval, regarding proposed trail layout and design, including any walkways needed through wetland areas. . Street lighting shall be incorporated into the subdivision by one of the following: a) applicant shall install adequate street lighting throughout the subdivision. Lighting shall -5- I West Meadows Major Subdivision Findings of Fact and Order #p.04032 I be maintained by means of the Homeowners Association through Protective Covenants; or b) applicant shall participate in a Street Lighting District. Street lighting will provide the necessary lighting in accordance with applicable national safety standards consistent with the preservation of dark skies. All subdivision lighting provided shall conform to Section 18.50.035 of the Bozeman Zoning Ordinance and! or standards previously approved by the GtyCommission. Details and specifications (cut sheets), including bulb type and size, and locations shall be provided with the final plat and subject to review and approval by the Planning and Engineering Departments. . A declaration of covenants for West Meadows Subdivision must be included and recorded with the Final Plat which specifically includes the provisions from Section 16.34.030, as well as provisions for owners association maintenance of all applicable homeowners' association open space, pedestrian facilities, and storm water facilities. . 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 Gty 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 Final Plat for each phase. . Plans and specifications and a detailed design report for water and sewer main extensions, storm sewer and the public street, prepared bya Professional Engineer, shall be provided to and approved by the uty 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 -6- [ West Meadows Major Subdivision Findings of Fact and Order #P-Q4Q32 I improvements until the plans and specifications have been approved and a pre- construction conference has been conducted. No building permits shall be issued prior !o substantial completion and City acceptance of the required infrastructure tmprovements. . All infrastructure improvements including 1) water and sewer main extensions, and 2) public streets, cum/ gutter, sidewalks, and related storm drainage infrastructure improvements shall be financially guaranteed or constructed prior to Final Plat approval. City standard residential sidewalks shall be constructed on all public street frontages of a property at the time the street is constructed unless a variance is requested and granted by the City Commission. . The location of existing water and sewer mains shall be properly depicted on the infrastructure plans. Proposed main extensions shall be noted as proposed. . A Flood Plain Development Permit must be obtained from the City Engineer prior to any construction activity within the delineated 100- year floodplain. . The Montana Fish, Wildlife and Parks, sa;, Montana Department of Environmental Quality and Anny Corps of Engineer's shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Tumidity exemption, etc.) shall be obtained. . The Montana Fish, Wildlife and Parks shall be contacted by the Applicant regarding the proposed relocation and any required permits (i.e., 310, 404, Tumidity exemption, etc.) shall be obtained prior to Final Plat approval. The Applicant shall obtain written permission from the Ditch owner for the proposed relocation. . 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. . Parkland dedication deficiency of 0.8 acres shall be made by additional land dedication along Sourdough Trail and shown on the Final Plat. . Additional natural landscaping, consistent with that of the surrounding environment, shall be planted along the west side of Sourdough Trail from a point north of Lot 12, near Creekmore Circle, south approximately 300 feet including the entire lot length of Lot 11. -7- I West Meadows Major Subdivision Findings of Fact and Order #P-04032 I 3. The local subdivision review procedure provided for in Part 6 of the Montana Subdivision and Platting Act. The Planning Board and City Commission hearings have been properly noticed, as required in the Unified Development Ordinance. C. The provision of easements for the location and installation of any plalUled 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 parcel within the subdivision and the required notation of that access on the applicable plat and any instnunent of tr.lnsfer concerning the parcel All lots within the subdivision will have direct access to the dedicated public and private streets. ORDER After considering all matters of record presented at the public hearing, the Bozeman City Commission found that the proposed subdivision would comply with the City of Bozeman Growth Policy and the requirements of the City of 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, ITIS HEREBY ORDERED that the Preliminary Subdivision Plat of the West Meadows Subdivision for the property owner, Yvonne Jarrett and Eugene Graf III, et. aI., be approved, subject to the following conditions: 1. No existing mature vegetation within the watercourse setback and wetlands shall be removed from the site unless approved by the City of Bozeman Planning Office. 2. Buildings proposed for construction with crawl spaces or basements shall include Engineer Certification regarding depth of ground water and soil conditions and proposed mitigation -8- -.....---..-.--..---- I West Meadows Major Subdivision Findings of Fad and Order #P-04032 I methods to be submitted with each Building Permit. The final plat shall include a notation that due to high groood water conditions full or partial basements are not recommended. This Gty Commission order may be appealed by bringing an action in the Eighteenth District Court of Gallatin Coooty, within 30 days after the adoption of these Findings by the Gty Commission, by following the procedures of Section 76-3-625, MeA The preliminatyapproval of this subdivision shall be effective for three years from the date of adoption of these Findings by the GtyCommission. At the end of this period the Gty Commission may, at the written request of the subdivider, extend its approval as provided for in the Gty of Bozeman Unified Development Ordinance. DATED this 20th dayof September ,2004. BO~ON By: Andrew U. Cetraro, yor ?;L: ~ APPROVED AS TO FORM: ----{; --{I~VL oJ 0 Robin L. Sullivan Timothy A Cooper Oerk of the Commission Acting Gty Attorney -9-