HomeMy WebLinkAbout04- Valley West Major Subdivision PUD
IValley West, Phase II Modifications Major Subdivision PUD Findings of Fact and Order #P-03036A I
BEFORE THE BOZEMAN OTY COMMISSION
GALLATIN COUNTY, MONT ANA
IN THE MATTER OF THE APPLICATION
OF BOZEMAN LAKES, LLC & ASPEN FINDINGS OF F ACT
ENTERPRISES, LLC, REPRESENTED BY AND ORDER
MORRISON - MAIERLE, INC, FOR
PRELIMINARY APPROVAL OF VALLEY
WEST MAJOR SUBDIVISION PUD.
This matter came before the Bozeman City Conunission on August 2, 2004, for review and
decision pursuant to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-625,
Montana Codes Annotated, the Bozeman Subdivision Regulations, the Bozeman 2020 Community Plan,
and the Bozeman Zoning Ordinance. The applicant presented to the Commission a proposed
Preliminary Subdivision Plat for 64 residential lots, four open space lots, one public park, and four
remainder lots, as submitted in its original form on May 19,2004, # P-03036A The Commission held a
public meeting 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 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.
On May 19,2003, Bozeman Lakes, LLC and Aspen Enterprises, LLC, represented by Momson-
Maierle, Inc., submitted an application for approval for Phase II of Valley West POO, a major
subdivision dividing 28.63 acres into 64 residential lots; four open space lots; one public park; and four
remainder lots. The property is legally described as ponions of Tract 1 and 2, Block 1, and ponions of
Tracts 2, 3, and 4, Block 2, of the Valley West Subdivision in the northwest 1/4 of Section 10, T2S, R5E,
P:MM, City of Bozeman, Gallatin County, Montana. The subject property is zoned R-3 (Residential
Medium Density District).
II.
The comments of the Development Review Conunittee, along with those of Planning &
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IValley West, Phase II Modifications Major Subdivision PUD Findings of Fad and Order #P-03036A I
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 was posted at the site and sent to adjoining
property owners on July 8, 2004. Said notices 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 considered the application at a regular meeting on July 20,
2004. The Planning Board found that the application was properly submitted and reviewed under the
procedures of the Gty of Bozeman Subdivision Regulations and the Gty of Bozeman Zoning
Ordinance. Staff reviewed the staff report and the evidence which justified the imposition of
conditions.
The Planning Board then opened the public meeting. There were no members from the general
public that spoke regarding the proposed subdivision. Receiving no response, the Planning Board
closed the public meeting.
The Gtyof Bozeman Planning Board then discussed the application and moved to recommend
approval of the subdivision with conditions as recommended by Staff and passed on a unanimous vote
of 7 in favor and 0 in opposition.
IV.
The application was considered by the Bozeman Gty Commission at its regular meeting on
August 2, 2004, at which time the recommendation of the Planning Board and infonnation compiled by
Gty staff was reviewed.
V.
The application was considered by the Bozeman Gty Commission and weighed against the
review criteria established by Statute, and found as follows:
A) PRIMARY REVIEW CRITERIA
1. E./fects an A griadture
The property has been master planned and zoned for Residential development. The proposed
subdivision will affect 28.62 acres, which is not currently utilized for agricultural uses.
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Valle West, Phase II Modifications Moor Subdivision PUD findin s of fact and Order #P-03036A
2. Effocrs anAgriadtural Water User FadlitU3
The Maynard-Border Stream/Ditch is a perennial waterway that serves downstream irrigation
users. It flows south to north and is located within the open space in between Hanley Avenue
and Clifton Drive. The lake along the Maynard-Border Stream/Ditch would be fed by both
ground water and by water diverted from the stream/ ditch. According to the master plan, the
existing water rights will be converted to non-consumptive use water rights for the diversion.
Because of the flow through capability, the water will be returned to the channel at the north
side of the lake without any reduction in capacity or quality for downstream users. Overall, the
stream/ ditch has been and will continue to be enhanced as part of the wetlands mitigation plan
for the development and no effects on agricultural water user facilities were identified.
3. E ffocrs on L rod Senia5
Water/Sewer: The Design Reports for the water distribution system and the sanitary sewer
system are included in Sections 26 and 27 of Volume III. General capacity limitations for water
and sewer facilities are not anticipated by the Engineering Staff as a result of this major
subdivision.
Police/Fire: The property falls well within the City's emergency response boundary. During
DRC review the Fire Department expressed the common concern over the overall growth of
the city to the west and the inevitable increase in response times from the existing fire stations.
Streets: Access to the property will be provided primarily from West Babcock and Ferguson.
Local streets and alleys that connect to the existing street network established with Phase I will
provide access to individual lots.
Utilities: The appropriate utility easements will be noted on the Final Plat. 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.
4. E./Jirts an the Natural E mirunrrent
Surface run off will be directed into storm water detention facilities that will be maintained by
the property owner's association. 'lhe watercourse will be designated as common open space
and a public trail corridor will be constructed adjacent to the Maynard-Border Ditch. The
applicants have entered into an agreement for a Noxious Weed Management Plan with the
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IVolley West, Phose II Modifications Major Subdivision PUD Findings of Fact and Order #P-03036A I
Gallatin County Weed Board. Groundwater quality will be protected by the use of municipal
sewer services. The proposed Valley West Planned Unit Development involves the
enhancement to the on-site wetland areas. These enhancements are being coordinated with the
US Army Corps of Engineers and Montana Fish, Wildlife, and Parks.
5. Effects en Wtldlife and Wtldlife Habitat
Preservation of wetland areas and riparian corridors will be maintained and! or further
enhanced. The quality of the fisheries in the Maynard-Border Stream/Ditch and the
establishment of a fishery within the proposed Meyers Lake are expected to improve with the
wetlands restoration project. There will be several areas for public access to the open spaces and
the park The applicant is aware of any and all permitting required with Fish, Wildlife & Parks
and will obtain all permits necessary.
6. Effects onPublU: Health and Safety.
The threat of groundwater degradation from onsite sewage disposal will not be an issue since
municipal sewer will service the development. In addition to city review of the Plans and
Specifications, the subdivider will be required to obtain any permits required by the Montana
Department of Environmental Quality, Fish, Wildlife & Parks, Department of Natural Resource
Conservation and the Montana Department of Transportation.
B) COMPLIANCE WITH SURVEY REQUIREMENTS PROVIDED FOR IN PART 4
OF TIlE MONTANA SUBDIVISION AND PLATTING ACf.
The subdivision currently complies and will remain in compliance with survey
requirements of the Act.
0 COMPLIANCE WITH TIlE BOZEMAN SUBDIVISION REGULATIONS.
The Final Plat will comply with the Subdivision Regulations with the recommended conditions
of approval outlined in the beginning of the Staff Report.
D) COMPLIANCE WITH TIlE REQUIRED SUBDIVISION REVIEW PROCESS.
The Planning Board and Gty Commission hearings have been properly noticed, as
required in the Subdivision Regulations.
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IValley West, Phase II Modifications Major Subdivision PUD Findings of Fad and Order #P-03036A I
E) PROVISION OF EASEMENTS FOR THE LOCATION AND INSTALLATION OF
ANY PLANNED lITlLITIES.
All utilities and necessary utility easements will be provided and depicted on the Final
Plat.
F) PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH
Legal and physical access to the lots will be provided from the proposed extensions of the
existing street and alley network within the subdivision. All lots within the subdivision will have
direct access either to the dedicated public streets and private alleys maintained by the
Homeowner's Association. The lots along Ferguson will front a 20 foot linear green corridor
with vehicular access from the alley in a similar fashion the lots along West Babcock Street.
ORDER
After considering all matters of record presented at the public meeting, the Bozeman City
Commission found that the proposed subdivision would comply with the Bozeman 2020 Community
Plan and the requirements of the Bozeman Subdivision Regulations, the Montana Subdivision and
Platting Act, and the Bozeman Zoning Ordinance, if cenain 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.
THEREFORE, IT IS HEREBY ORDERED that the Preliminary Subdivision Plat of Valley
West POO, Phase II, for Bozeman Lakes, LLC and Aspen Enterprises, LLC, be approved, subject to
the following conditions:
Conditions for Approval:
1. The Final Plat shall indicate acreages for all remainder tracts.
2. Prior to Final Plat approval, the applicants shall provide additional infonnation
including a narrative and a graphic representation to demonstrate that stormwater
nmoff does not flow directly into the lake.
3. All references to setbacks shall be removed from the Final Plat.
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Valle West, Phase II Modifications Ma"or Subdivision PUD Findin s of Fact and Order #P-03036A
4. Section 16.14.11 O.A "City of Bozeman Rights-of~ Way," states that the subdivider shall
be responsible for installing sod, boulevard trees, and an irrigation system in the public
right-of-way boulevard strips along all external subdivision streets and adjacent to
subdivision parks or other open space areas.
5. The subdivider shall provide irrigation system as-builts, for all irrigation installed in
public rights~of. way and! or land used to meet parkland dedication requirements. The
as-builts shall include the exact locations and t}pe of lines, including accurate depth,
water source, heads, electric valves, quick couplers, drains and control box as outlined in
Section 16.08.090 "Irrigation System As-Boots."
6. The dedicated parkland shall be identified as "Public Park" on the final plat and the
common open space access strips and pocket parks shall be overlaid with a public
access easement. Provisions within the covenants shall provide for the care and
maintenance of these areas, which will ensure usabilityforthe homeowners and general
public.
7. The developer shall submit a fonnal 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 the Gtyof Bozeman
Recreation and Parks Advisory Board. Per Section 16.08.080 "Final Park Plan", a final
park plan shall be submitted to the Gty of Bozeman for review and approval prior to
the installation of any park improvements. The park plan shall address all of the items
listed in Section 16.08.050.P for the dedicated parkland, open space areas and trail
amenities. The implementation plan for the maintenance and upkeep of the park lands
and trails shall be noted accordingly in the protective covenants and restrictions of the
propeny owner's association documents, for review and approval prior to Final Plat
approval.
8. A declaration of the most recent covenants, with the corrections outlined by Staff, for
Valley West Planned Unit Development must be included and recorded with the Final
Plat for Phase II. The Gty of Bozeman shall be panyto any changes or modifications
made to the restrictive covenants and Architectural Guidelines as they relate to any
zoning and! or planning bylaws.
9. Water rights, or cash-in-lieu thereof, shall be provided and paid for prior to final plat
approval. If the final plat of the subdivision is filed in phases, water rights will only be
required for each phase as the final plat for that phase is filed. The amount of water
rights required will be determined by the Director of Public Service based on the
proposed final plat(s).
10. 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 Depanment.
11. The final plat shall conform to all requirements of the Bozeman Subdivision Regulations
and the Uniform Standards for Final Subdivision Plats and shall be accompanied by all
required documents, including cenification from the Gty Engineer that as-built
drawings for public improvements were received, a platting cenificate, and all required
and corrected cenificates. The final plat application shall include four (4) signed
reproducible copies on a stable base polyester film (or equivalent); two (2) digital copies
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IValley West, Phase II Modifications Major Subdivision PUD Findings of Fact and Order #P-03036A I
o~ a double-sided, high density 3 Vz-inch floppy disk or compact disk; and five (5) paper
pnnts.
12. 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.
13. If it is the subdivider's intent to file the plat prior to the completion of all required
improvements, an Improvements Agreement shall be entered into with the Gty 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 Gty of
Bozeman with an acceptable method of security equal to 150 percent of the cost of the
remammg tmprovements.
14. Any revisions to the approved Stormwater Master Plan forthe 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 shall be provided to and approved by the Gty
Engineer.
15. Stormwater generated by the proposed subdivision which discharges to any privately
owned ditch must have the written pennission of the ditch owner.
16. The final plat must account for the ditch and the utility/ drainage ditch easement along
Ferguson Avenue.
17. Anyrevisions to the approved Design Repons evaluating existing capacity of water and
sewer utilities for the entire Valley West PUD shall be provided to and approved by the
Gty Engineer.
18. 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.
19. Any revisions to the approved 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 Depanment 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 permits shall be issued prior to Gty acceptance of the required
infrastructure improvements.
20. Anyeasements needed for the water and sewer main extensions shall be a minimwn of
30 feet in width. While the final location of the water and sewer mains will be
detennined 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
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IValley West, Phase II Modifications Maior Subdivision PUD Findinqs of Fact and Order #P-03036A I
access.
21. Any street rights of way which are within the boundaries of this subdivision and for
which easements were provided with the Valley West Annexation Agreement shall be
dedicated to the City on the Final Plat for this subdivision.
22. A detailed Traffic Study Repon for the entire Valley West Development has been
provided to and reviewed by the City Engineer's office. While specific comments
regarding the analysis have been provided by the City Engineer to the developer's
engineer, City Engineering staff is comfonable that development of Phase II may take
place without adversely affecting the local street network However, considering the
degree of development currently occurring along both the Babcock Street and Durston
Road corridors and given that the City is already actively pursuing improvements to
both of those roadways, it may be necessary to update the traffic study as pan of the
preliminary plat submittal for each phase subsequent to Phase II. The need for any
traffic impact analysis updates will be identified at the time of pre-application plan
submittal for each subsequent phase.
23. Prior to filing the final plat, the applicant shall reconfirm orverifywith the CountyGIS
Department, County Road and Bridge Department, and City Engineer that all
proposed names are acceptable in order to avoid duplication of names countywide,
which may occur between preliminary approval of subdivision phase and filing of final
plat.
24. The final plat shall contain a note prohibiting direct access from single family or duplex
lots to Ferguson Avenue.
25. City standard curb, gutter and sidewalk shall be provided along all streets in the
subdivision. Per Olapter 16.14.050 of the Subdivision Regulations, sidewalks will be
installed prior to occupancy of any individual lots.
26. The applicant is advised that the installation of any traffic calming devices such as curb
bulbs and traffic circles will be considered in detail and approved if appropriate during
the infrastructure plan and specification review process.
27. All typical street sections, including sidewalk location within the right-of-way and
provisions for bicyclists shall be in confonnance with the street standards
reconunended in the Greater Bazemm A rat Transpartation Plan, 2001 Update, unless
otherwise approved by the CityConunission, or by the City Engineer through the plan
and specification review and approval process.
28. Any revisions to the approved Plans and Specifications for streets and storm drainage
facilities, prepared and signed bya Professional Engineer (PE) registered in the State of
Montana shall be provided to and approved by the City Engineer. 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 permits shall be issued prior to City acceptance of the required
infrastructure improvements.
29. The location of mailboxes shall be coordinated with the City Engineering Department
prior to their installation.
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IValley West, Phase II Modifications Major Subdivision PUD Findings of Fact and Order #P-03036A I
30. The Montana Depanment of Fish, Wildlife and Parks, SCS, Montana Depanment of
Environmental Quality and ArmyCotps 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.
31. If construction activities related to the project result in the disturbance of more than
one acre of natural ground, an erosion! sediment control plan may be required. The
Montana Depanment 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.
FYI: Any site developments greater than four units on one lot for Phase II and for future phases
will require site plan review; all future phases of Valley West will be evaluated against the
Unified Development Ordinance.
This Gty 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 GtyCommission,
by following the procedures of Section 76-3-625, MeA. The preliminary approval 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 Bozeman Subdivision Regulations.
DA1ED this 20th day of September ,2004.
BOZEMAN OTI COMMISSION
BY.~ ----=>
Andrew L. Cetraro
Mayor, Gty of Bozeman
ATTEST: APPROVED AS TO FORM:
~/ LfL~ ~(],t>~~i.
Robin L. Sullivan Timothy A Cooper
Oerk of the Commission Acting Gty Anomey
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