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HomeMy WebLinkAbout04- Red Mountain Plaza . . ~ .......----...--.""... .--------.-......... -.,.-----.--------.--.".-...--.--------.......-..--........-...... P-03046 I I Hastings Minor Subdivision Findings of Fact and Order 1.....--.-.--....... ..- ....--.-..---------.- ...-."...--..--.--------......'''..-......- BEFORE THE BOZEMAN CITY COMMISSION GALLATIN COUNTY, MONT ANA IN THE MATTER OF THE APPLICATION OF RMRG FINDINGS PORTFOLIO, L.L.c., CORONA MCKINLEY, L.L.c., AND OF FACT RED MOUNTAIN PLAZA, L.L.c. REPRESENTED BY AND ORDER GASTON ENGINEERING & SURVEYING., FOR PRELIMINARY APPROVAL OF HASTINGS SUBDIVISION. TIlls matter came before the Bozeman Gty Commission on January 12, 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 Gty of Bozeman Subdivision Regulations, Gty of Bozeman Growth Policy, and Gty of Bozeman Zoning Ordinance. The applicant presented to the Commission a proposed Preliminary Subdivision Plat for a 4-10t minor subdivision as submitted in its original form on November 19, 2003, P-03046. 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 opponunity 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 1. On November 19, 2003, RMRG Ponfolio, L.L.C, Corona McKinley, L.L.C, and Red Mountain Plaza, L.L.C, represented by Gaston Engineering & Surveying, submitted an application for approval to create a Minor Subdivision of 12.06 acres into 4 commercial lots. The propeny is . n .__._.__m_.._.._._.._..____.._______n_.__...._..______... .... _.. ._..... ....___.._.......n__.. Hastings Minor Subdivision Findings of Fact and Order P-03046 .----..---..-.-..-.""... ....._.._._..._.._...__.._.....__.__.____..__.._.._....._...__. __n_n ..n...._......__..."... legally described as CO.S. 345, located in the Wh, NWlA, Section 12, TIS, RSE, P.MM, City of Bozeman, Gallatin County, Montana. The subject property is zoned "B-2" (Community Business 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 City of Bozeman Planning Board. III. Notice of the time and date of the public meetings was posted at the site on December 5, 2003. Said notice also selVed to inform interested persons that materials were available for review at the Bozeman Planning & Community Development Department. The City of Bozeman Planning Board opened the public meeting on January 6, 2004. The Planning Board found that the application was properly submitted and reviewed under the procedures of the City of Bozeman Subdivision Regulations and the City 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. No one from the general public spoke regarding the proposed subdivision, and the public meeting was closed. The City of Bozeman Planning Board then moved to recommend approval of the subdivision with conditions as recommended by Staff and passed on a unanimous vote of 6 in favor and 0 in opposition. - 2 - , ~-~~~~i-~~S Minor SUbdiViSi?~..._~i~~i.n-~i~~~~_~~._.~~~_~~~~~~~-~-_-~---------------------------------------_._.- P-03046 IV. The application was considered by the Bozeman City Omunission at its regular meeting on January 12, 2004, at which time the recommendation of the Planning Board and information compiled by City staff was reviewed. V. A PRIMARYREVIEWCRlTERIA 1. E ffeas onAgriadture The property has already been developed and is wholly surrounded by urban uses and should therefore have no effect on agricultural uses. 2. E/fects onAgriadtural Water User Facilities Walton's Ditch follows the west and north property line before crossing 15th Avenue towards the High School. The subdivision of the property will not affect downstream water users. The plume that originated on the property has contaminated the groundwater from Main Street to Springhill Road but has not and will not affect surlace water. The contaminants detected in private wells lead to the City of Bozeman connecting the affected downstream water users to the City's domestic water system. 3. E /fects on L cxal S en.ia.s Water/Sewer: There is an existing 8" water and sewer main running along the west and north property lines. The Water & Sewer Department has conditioned the existing service and meter system. Currently, each tenant has a separate meter for domestic water. The City of Bozeman does not allow multiple meters on one building. The condition of approval will require the property owner to install one new meter with a backflow protection device so that only one meter must be maintained by the City of Bozeman. Additional private meters can be installed after the city meter in order to regulate individual tenant consumption. Police/Fire: The property falls within the City's emergency response boundary. Streets: The property gains access from Main Street which is designated as a principal arterial street and 15th Avenue which is a collector street. Utilities: The final plat will need to note the standard utility easements of 12 feet in the front yard and 10 feet in the rear yard. The rear yard easement can only be reduce or removed if written confirmation from all of the utility companies is provided to the Planning - 3 - . . --.."..--.---------..-....-----.-.".-....-......-.. ----..--.........,.--.----......-.. ". j Hastings Minor Subdivision Findings of Fact and Order P-03046 I -.. ---.-.--.---".---- I Department. Aside from the standard utility easements the final plat will need to provide easements for shared access and parking, ditch maintenance and water and sewer utilities as identified in the conditions of approval. 4. E ffias on the Natural E mironrrmt The subject property is the source of the plume which led to the contamination of downstream water wells. In order to mitigate possible health risks, the City was required to provide domestic water services to property owners north of the property, along 19th Avenue, towards the Gallatin River. The DNRC continually monitors wells in the area to track the spread of the plume. However, no additional measures have been identified that would prohibit the subdivision of the property and the construction of on-site storm water retention! detention facilities should reduce possible impacts to surface water. 5. E ffias on WUdlife and WUdlife Habitat The property is located in the center of town in an area that has been developed for years. The property support'> no known wildlife or wildlife habitat. 6. Effias on Public Health and Safety The Development Review Committee reviewed the Preliminary Plat application and based on their assessment have provided recommended conditions of approval for infrastructure improvements and the installation of on-site storm water ponds to ensure public health and safety. There are no findings that would indicate that the subdivision will be detrimental to the public health and safety. B. CoMPLIANCE WITH SURVEY REQUIREMENTS PROVIDED FOR IN PART 4 OF THE MONT ANA SUBDIVISION AND PLATTING Acr The subdivision complies or will comply with survey requirements of the Act. e. CoMPLIANCE WITH THE BOZEMAN SUBDIVISION REGULATIONS The final plat, with the recommended conditions of approval outlined in the beginning of the staff report, will comply with the regulations. D. COMPLIANCE WITH THE REQUIRED SUBDIVISION REVIEW PROCESS The Planning Board meeting and the City Commission meeting have been properly noticed, as required in the Subdivision Regulations. E. PROVISION OF EASEMENTS FOR THE LOCATION AND INSTALLATION OF ANY PLANNED UTILITIES Utility easements are required for the existing and newly proposed utilities. - 4- . ............____._.._..__..u....... ....... . _.._ __."._.....u.."..._.u_...."'...._n_.._... Hastings Minor Subdivision Findings of Fact and Order P-03046 - . ...-.---.-...--.--.---.-..........----..-...-- ......- . ---...-........--.....-...... F. PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEL Access for the lots will be provided from :Main Street and 15th Avenue. A condition of approval will require a shared access and parking easement to allow for shared use of the parking facility. 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 adopted Growth Policy and the requirements of the Gty of Bozeman Subdivision Regulations, the Montana Subdivision and Platting Act, and the Bozeman Zoning Ordinance, 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 cntena. TI-IEREFORE, IT IS HEREBY ORDERED that the Preliminary Subdivision Plat of the Hastings Minor Subdivision for the property owners RMRG Portfolio, L.L.C, Corona McKinley, L.L.C, and Red Mountain Plaza, L.L.C, be approved, subject to the following conditions: Conditions of Approval: 1. A reciprocal access and parking easement shall be provided for all shared accesses and parking facilities. The easement shall state that the drive accesses and parking areas are permitted reciprocal use by all of the lots of the subdivision. 2. Per Section 16.14.060.B "Utility Easements", the rear and side yard utility easements shall be 20 feet wide, centered on the lot lines and the front yard utility easements shall be 12 feet wide. In the event front yard easements are used, rear yard easements must still be provided unless written confirmation is submitted to the Planning Department from ALL utility companies indicating that "front yard easements only' are adequate. The utility easement may be combined with the sewer or water line easement if the plat identifies the easement as a "Sewer/Water/Utility Easement". - 5 - . Hastings Minor Subdivision Findings of Fact and Order P-03046 ........--.-..-........-......-.......".---.... 3. The applicant shall determine if there is an existing irrigation easement for the ditch running along the north and west property line. If no easement is currently on file then the subdivider shall establish a minimwn 20 foot wide irrigation easement with 15 feet on one side and 5 feet on the other side of the facility to allow for construction, repair, maintenance and inspection as outlined in Section 16.14.060.C "Irrigation Facility Easements". 4. Section 16.14.090 "Mail Delivery" states that if mail delivery will not be to each individual lot within the subdivision, the subdivider shall provide an off-street area for mail delivery within the subdivision in cooperation with the United States Postal Service. 5. 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 docwnents, a platting certificate and a separate exhibit describing all of the subdivision easements. 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. 6. 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 Gty Commission's consideration. 7. 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 Gty of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal infonnation 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% of the cost of the remaining improvements. 8. All domestic and fire service lines shall have the appropriate backflow protection and any necessary plwnbing upgrades to facilitate the backflow protection that is required by the Gty of Bozeman Water and Sewer Department and the Unified Plwnbing Code. This cost will be borne by the owners. 9. The water service supplying water through the Hide- A- Way bar to a majority of the businesses on the west side of the shopping center shall be restricted to only one meter. The Water and Sewer Department will abandon the additional water meters that are currently serving each business. This is in keeping with the present departmental policy of one water line and one water meter. 10. Storm water Master Plan: A Storm water 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. - 6- . . . ....- -----........----...----....-.---........... Hastings Minor Subdivision Findings of Fact and Order P-03046 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 storm water receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin site, drainage ways and finished lot grades), typical storm water detention! retention basin and discharge structure details, basin sizing calculations and a storm water maintenance plan. Any storm water 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. Storm water ponds for runoff generated by the subdivision (e.g., general lot runoff, public or private streets, common open space, parks, ete.) 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 maximmn site development. Final facility sizing may be reviewed and reduced during design review of the FSP for each lot. A storm water pond shall be constructed on common open space unless calculations are submitted and approved which show that the existing storm sewer main in 15th is adequately sized to convey the runoff without first being detained. 11. Plans and specifications and a detailed design report for water and sewer main extensions, storm sewer and the public street, prepared by a Professional Engineer, shall be provided to and approved by the City Engineer and the Montana Department of Environmental Quality. 12. 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 pre-construction conference has been conducted. No building permi~ shall be issued prior to substantial completion and City acceptance of the required infrastmcture improvemen~. 13. All infrastructure improvements including 1) water and sewer main extensions, and 2) public streets, curb/gutter, sidewalks fronting parks, open space, rear yard frontages or other non- lot frontages, and related storm drainage infrastructure improvements shall be financially guaranteed or constructed prior to Final Plat approval. 14. The location of existing water and sewer mains shall be properly depicted. Proposed main extensions shall be noted as proposed. 15. The drive approach shall be constructed in accordance with the City's standard approach (i.e., concrete apron, sidewalk section and drop-curb) and shown as such on the FSP. A City Curb Cut and Sidewalk Permit shall be obtained prior to FSP approval. - 7 - . . . . ..... ..__.._..___..._____m____..___......_ 1~~stin~~__~~~~~__~~~~i~i_~i~~~j_~dingS of Fact and Order P-03046 16. Ditch relocation: a. The Montana Fish, Wildlife and Parks shall be contacted by the Applicant regarding the proposed relocation and any required pennits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to FSP approval. b. The Applicant shall obtain written permission from the Ditch owner for the proposed relocation. 17. 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. 18. Easements shall be granted for the existing water and sewer mains on the north and west side of the existing building. On the west side, the easement shall encompass the area from 10' east of the water main to the property line. 19. Project phasing shall be clearly defined including installation of infrastructure. 20. 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 final plat. 21. The proposed street cut on Main Street for the installation of services to lot 4 shall be completed prior to the Main Street overlay project which is projected to occur in 2006. If the services are not installed prior to the overlay being complete, a main extension off of 15th or the main west of the building will be required to provide service to this lot. 22. Any cracked or broken portions of sidewalk along any of the street frontages shall be replaced. 23. The developers shall contact DEQ before anyon-site ground disturbance. A copy of DEQ's response must be forwarded to the City Engineering Department for consideration prior to any eanh movement (i.e., installation of infrastructure, utilities or any other on-site improvements) . This City Commission order may be appealed by bringing an action in the Eighteenth District Coun 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 preliminary approval of this subdivision shall be effective for three 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 Bozeman Subdivision Regulations. - 8 - ~ . ~ . -- . ...----...-......-----......----........-.. I < Hastings Minor Subdivision Findings of Fact and Order P-03046 I I 1....__.-----.....--.----...-.-..---... . .. .........-..".....- . ..........--......----.-------.----......----..... I DA1ED this 5th day of April, 2004. COMMISSION By: Andre ATTEST: ~s~~ Oerk of the Commission - 9 - -------