HomeMy WebLinkAbout06- Freight & Loft Minor Subdivision -- 02-06-2006
Freight & Loft MinorSGlihhsiQ~lm~gsofFttct and Order #P-OS037
BEFORE THE BOZEMAN CITY COMMISSION
GALLATIN COUNTY, MONTANA
IN THE MATTER OF THE APPLICATION OF MILL FINDINGS
DISTRICT PARTNERS, LLC, 2001 STADIUM DRIVE, SUITE OF FACT
A, BOZEMAN MT 59715 REPRESENTED BY THINKT ANK AND ORDER
DESIGN GROUP, INC, 600 NORTH WALLACE AVE, LOFT 3,
BOZEMAN, MT 59715 FOR PRELIMINARY PLAT AFPROV AL
OF NORTHSIDE MINOR SUBDIVISION
This matter came before the Bozeman City Commission on Monday, September 12,2005, for
review and decision pursuant to the Montana Subdivision and Platting Act, Section 76-3-101 through
76-3-625, Montana Codes Annotated (MCA), the City of Bozeman Unified Development Ordinance,
and the City of Bozeman 2020 Community Plan. The applicant's representative presented to the
Commission a proposed Preliminary Subdivision Plat for a two (2) lot minor subdivision as submitted in
its original form on June 27, 2005. 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 June 27, 2005, Mill District Partners, LLC, 2001 Stadium Drive, Suite A, Bozeman MT
59715, represented by ThinkTank Design Group, Inc., 600 North Wallace, Loft 3, Bozeman MT 59715
submitted a preliminary plat application for a two (2) lot minor subdivision. The property is legally
described Lots 6-14, Block 106, Northern Pacific Addition, in Section 6, T2S, R6E, City of Bozeman,
Gallatin County, Montana. The zoning designation for said property is NEHMU (Northeast Historic
Mixed Use District) and falls within the Neighborhood Conservation Overlay District.
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F~~gg~tk Loft Minol;o'l.l,pdivi;;ion Findings of Fact and Order #I'-OS037
II.
The comments of the Development Review Committee, along with those of Department of
Planning & Community Development Staff, were inco1porated into a staff report 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 mailed to adjoining
property owners and posted at the site on August 12, 2005. Said notice was also printed in the
newspaper on August 21 and August 28, 2005. Said notices served to inform interested persons that
materials were available for review at the Bozeman Department of Planning & Community
Development.
The City of Bozeman Planning Board opened the public meeting on August 16,2005. 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 report and the
evidence which justified the imposition of conditions.
The applicant's representatives made a formal presentation in favor of the requested subdivision.
The Planning Board then opened the public meeting. No one made public comment. The
Planning Board then closed the public meeting.
The City of Bozeman Planning Board then moved to recommend approval of the subdivision
with conditions as recommended by Staff, on a vote of 5 in favor and 0 in opposition.
IV.
The application was considered by the Bozeman City Commission at its regular meeting on
September 12, 2005, at which time the recommendation of the Planning Board and information
compiled by City staff was reviewed.
V.
The application was considered by the Bozeman City Commission and weighed against the
review criteria established by Statute, and found as follows:
A. Effects on agriculture, agricultural water user facilities, local setVices, the natural
environment, wildlife and the wildlife habitat, and public health and safety.
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The property is currently occupied by a vacant industrial building and gravel parking area. This
subdivision and subsequent development would potentially allow two new mixed-use buildings
to be constructed on the site with appropriate City Commission approval. Municipal water,
sewer, roads and emergency services will be provided to the property. The subdivision must be
designed to ensure adequate water, sewer, and street capacity exist to support the proposed
subdivision.
B. Compliance with the following:
1. The survey requirements provided for in Part 4 of the Montana Subdivision and
Platting Act.
The subdivision currendy 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 fmal 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 fmal plat:
1. Conditional approval of the preliminary plat shall be in force for not more than one (1)
calendar year, as stated in Section 18.06.040.D.6. 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.
2. East Cottonwood Street is subject to the provisions of Section 18.44.020 "Street and
Road Dedication."
3. The final plat submittal shall be in conformance with Section 18.06.060 "Final Plat
Application" and Section 18.78.070 "Final Plat" and shall include four (4) signedmylars
(or equivalent); two (2) digital copies on a double-sided, high density 3%-inch floppy
disk or compact disk; and five (5) paper prints.
4. All easements are subject to the provisions of Section 18.42.060 "Easements."
5. All improvements shall be subject to Chapter 18.74, "Improvements and Guarantees."
6. The applicant shall submit a construction route map dictating how materials and heavy
equipment will travel to and from the site in accordance with Section 18.74.020.A.1 of
the Unified Development Ordinance. This shall be submitted as part of the final site
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plan for site developments, or with the infrastructure plans for subdivisions. It shall be
the responsibility of the applicant to ensure that the construction traffic follows the
approved routes.
7. All construction activities shall comply with Section 18.74.020.A.2 of the Unified
Development Ordinance. This shall include routine cleaning/ sweeping of material that
is dragged to adjacent streets. The City may require a guarantee as allowed for under this
section at any time during the construction to ensure any damages or cleaning that are
required are complete. The developer shall be responsible to reimburse the City for all
costs associated with the work if it becomes necessary for the City to correct any
problems that are identified.
3. The local subdivision review procedure provided for in Part 6 of the Montana
Subdivision and Platting Act.
The Planning Board meeting and the City Commission hearing has been properly noticed,
as required in the Unified Development Ordinance.
C. The provision of easements for the 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 parcel within the subdivision and the
required notation of that access on the applicable plat and any instrument of transfer
concerning the parcel.
Both proposed lots would have frontage along East Cottonwood Street. A shared access and
parking agreement is required with the Final Plat.
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 adopted Growth Policy, 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.
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FCQ\lllt &:LoftM!in()!'$y;bdivi~il1!~::!l'idiIigs of Fact and Order #Pc05037
THEREFORE, IT IS HEREBY ORDERED that the Preliminary Subdivision Plat for Freight
and Loft Minor Subdivision, owned by Mill District Partners, LLC, 2001 Stadium Drive, Suite A,
Bozeman MT 59715, represented by ThinkTank Design Group, Inc., 600 North Wallace, Loft 3,
Bozeman MT 59715 to allow a two (2) lot minor subdivision with one common area, be approved,
subject to the code provisions and the following twenty (20) conditions:
Conditions of Approval:
1. The Final Plat must include a shared access and parking easement.
2. All references to Cottonwood Street as a "collector street" shall be changed to a "local street."
3. The final version of the Declaration of Covenants and Restrictions will be subject to review and
approval by the Planning Department. Regarding the draft covenants and Restrictions, the
following changes shall be made:
a. The listed uses under Article 1 and throughout the document shall be updated to match the
those shown on the proposed floor plans;
b. References to the basements shall be clarified as only accessory storage for the residential
uses;
c. The following language shall be added to the covenants: "In the case of a discrepancy
between these covenants and the adopted City land usc regulations, the more restrictive
shall apply except where deviations have been specifically granted."
d. The covenants shall address maintenance of open space in more detail;
e. All typos, grammatical errors, etc. shall be corrected.
4. 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. 1ne 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. A
storm water easement must be established on the adjacent property and filed with the County
Clerk and Recorder's Office for the retention pond and discharge course if located off the
subject property. Detailed rcvicw 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.
5. 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 fmdings must demonstrate adequate capacity to
serve the full development. The report must also idcntify the proposed phasing of water and
sewer construction. If adequate water and/or sewer capacity is not available for full
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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. Plans and specifications for any water,
sewer and/ or storm sewer main extensions, and Public or Private Streets (including curb, gutter
and sidewalks) prepared by a Professional Engineer (PE) 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. Specific comments regarding the existing regarding the existing and proposed
infrastructure shall be provided at that time. Construction shall not be initiated on the public
infrastructure improvements until the plans and specifications have been approved and a pre-
construction conference has been conducted. No building permits will be issued prior to
City acceptance of the infrastructure improvements.
6. 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 specifications, as well as all
nearby fire hydrants and proposed fIre hydrants. Any existing service lines that will not be
utilized by this development must be properly abandoned according to city standards.
7. At a minimum, City standard sidewalk shall be installed and properly depicted at the standard
location (i.e., 1-foot off property line) along the street(s) frontage that docs not already have
sidewalk. A public access easement shall be provided for any sidewalk that is not located within
the right-of-way.
S. The entire alley south of the subdivision shall be paved.
9. Provide an easement for an additional 4 feet along the alley unless otherwise approved by the
Assistant Director of Public Safety.
10. Curb and gutter will be required on the north side of Cottonwood Street at the time of the street
construction.
11. A detailed traffic study will be required for this minor subdivision.
12. Please provide details/typical sections for curb and gutter, sidewalk, drive approaches, and road
sections.
13. The parking area labeled "Mill Street" shall be removed. At this time this is only a parking lot
and not a dedicated public street.
14. 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 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
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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.
15. Project phasing shall be clearly defined on the infrastructure plans and specifications including
installation of infrastructure.
16. The location of mailboxes shall be coordinated with the City Engineering Department prior to
their installation.
17. The developer shall make arrangements with the City Engineer's office to provide addresses for
all individual lots in the subdivision prior to filing of the fmal plat.
18. 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.
19. If construction activities related to the project result in the disturbance 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 Pennit is necessary. If a permit is required by the State, the
Developer shall demonstrate to the City full pennit compliance.
20. Applicant shall provide and flie with the County Clerk and Recorder's office executed Waivers
of Right to Protest Creation of Special Improvements Districts (SIDs) for the following:
a. Street improvements to Rouse Avenue including paving, curb/gutter, sidewalk, and
storm drainage (unless currently filed with the property).
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, MCA. The pre1iminary approval of this subdivision
shall be effective for one year 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 Bozeman Unified Development Ordinance.
th day Of~, 2006.
DATED this (p-
BOZEMAN CITY COMMISSION
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J1~ceight~Lofti\fiQl1il.t Subdiw~j~~J1i!llmgs. of Fal':t3Qi;l Qrcter #P-05037
Bi!Jtt-'l K-~
ATTEST: e auss, Mayor
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Robin 1,. Sullivan
Clerk of the Commission
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