HomeMy WebLinkAbout04- CFT Limited Minor Subdivision
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I eFT Minor Subdivision Findings of Fact and Order #P-04039
BEFORE THE BOZEMAN CITY COMMISSION
GALLATIN COUNTY, MONTANA
IN THE MATTER OF THE APPLICATION OF CFT FINDINGS
LIMITED REPRESENTED BY MORRISON- OF FACT
MAIERLIE, INC FOR PRELIMINARY APPROVAL OF AND ORDER
CFT LIMITED MINOR SUBDIVISION.
This matter came before the Bozeman City Commission on September 20, 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 Unified Development Ordinance and City of
Bozcman Growth Policy. Thc applicant presented to the Commission a proposed Preliminary
Subdivision Plat for a 2-10t minor subdivision as submitted in its original form on August 2, 2004, P-
04039. The Commission held a public meeting on thc preliminary plat and considercd all relcvant
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
1.
On August 2, 2004, CPT Limited, represented by Morrison-Maierlc, Ine., submitted an
application for approval to create a First Minor Subdivision of 15.46 acres into 2 Business Park lots. The
property is legally described as Tracts i-A and 1-B of Certificate of Survcy 1393-A, City of Bozeman,
Gallatin County, Montana. The subject property is zoned "BP" (Business Park District).
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I eFT Minor Subdivision Findings of Fact and Order #P-04039 I
II.
The comments of the Development Review Committee, along with those of Planning &
Community Development Staff, werc 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 August 20, 2004.
Said notice also served 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 September 8, 2004. Thc
Planning Board found that the application was properly submitted and reviewed under the procedurcs
of the City of Bozeman Unified Development Ordinance. Staff reviewed the staff report, submittal
materials, and the evidence, which justified the imposition of conditions.
The Planning Board then opened the public meeting. Two persons from the general public
spoke regarding the proposed subdivision. Concerns were expressed regarding preservation of existing
open space adjacent to existing dcvcIopmcnt and the location of proposed public streets along the
southern cdge of the minor subdivision. All intercsted persons having had the right to present
testimony the Planning Board closed the public meeting.
The City of Bozeman Planning Board discussed the public comment, the recommendations of
the Development Review Committee and requirements of the Unified Development Ordinance. The
motion was made to recommend approval of the subdivision with conditions as rccommended by Staff.
The voting was 4 in favor, 1 in opposition, and 1 abstention. Since the motion did not pass by a quorum
of the membership of the board no favorablc recommendation was givcn to the project.
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fCFT Minor Subdivision Findings of Fact andOrder #P-04039 I
IV.
The application was considered by the B()7:cman City Commission at its regular meeting on
September 20, 2004, at which time the recommendation and minutes of the Planning Board and
information compiled by City staff was reviewed.
V.
A. PRIMARY REVIEW CRITERIA
f. Eij"edJ on Agriculture
The subject site is prcsently dominated by the applicant's existing manufacturing building. The
remaining area of the site is covered with various grasscs which havc not been used for
agricultural purposes. There are adjacent small grain and alfalfa farming operations to the south
and west. Development of the site will not negatively impact the operation of the farms. The
commercial nature of the use minimizes concerns on late hours of farm operations, domestic
animal conflicts with livestock, and similar possible conflicts. The area of the project site to be
developed is not currently used for a6J1:icu1ture. The site to be subdivided currcntly has many
areas of noxious weeds as shown in the required weed control plan. Development of the site
will require rcmovaI and termination of the weeds which will reduce a seed source for noxious
weed encroachment on the adjaccnt farms. Thereforc, development of the site will have a
favorable impact on adjacent agriculture.
2. EjjectJ on Agricultural Water UJer racilirieJ
The existing ditch on the west of the property will be relocated to parallel S. 11 th Avenue. The
ditch feeds adjacent farm area as well as the MSU irrigation system. There appears to be no
opportunity for the ditch to be abandoned as the use of the water will be required for the
foreseeable future. The applicant utilized information provided by the ditch owner in cvaluating
the relocation and as required, the easements for maintenance of the ditch have been provided.
No detrimental effect on agricultural water user facilities has been identified.
3. EjjectJ- on Local Jet7Jice.r
The review of the preliminary plat application and City operational information indicates that
adequate pubic services are available in the area to service the proposed minor subdivision and
that with the recommended conditions of approval included with these findings, any and all
impacts that have been identified will have been mitigated. The incremental growth of the city in
immediate proximity to cxisting dcvclopment will minimi7;e additional responsc times for
emergency services. The installation of the infrastructure depicted on the preliminary plat will
facilitate dclivery of necessary utilities as well as their logical expansion to fuhuc adjacent
development.
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I eFT Minor Subdivision Findings of Fact and Order #P-04039 I
4. EtfectJ- on the Natural Finmronment
No threatened or endangered species is known to utilize this area. The physical features arc
unremarkable and show significant past human manipulation. The most noteworthy natural
presence is the significant infestation of noxious weeds, and the applicant has entered into an
agreement for a Noxious Weed Management Plan with the Gallatin County Weed Board to
control and remove such. The eastern edge of the property lies within the floodplain of Figgins
Creek. No new development is proposed within the floodplain.
5. Effects on Wi!d/~fe and Wildlife Habitat
There is no evidence of significant wildlife and wildlife habitat due to the long historical urban
development and agricultural uses of the area.
6. l~tJed.f on Public Health and Jqfery
Sanitary sewer and water services are available to the proposed subdivision. Extensions needed to
provide service to individual lots can be made. However, in order to have a sccure water supply the
water main must be looped back through S 11 th Ave. Impacts to the area's public health and safety
identified with this subdivision have been addressed with the conditions of approval.
In order to achieve legal and physical access to the subdivision additional streets must be installed.
An easement for the extension ofS 11 th Ave has previously been granted by MSlJ. This subdivision
will provide additional right-of-way as necded for the street to extend to the southern boundary of
the subdivision where future development to the south may continue the extension of S 11 th ^ vc.
Development of the minor subdivision has the ability to be serviced by municipal infrastructure,
including sanitary sewer that will eliminate the potential of groundwater degradation.
The development of the created lots will generate substantial additional traffic through the
intersection of S 11 th Ave and Kagy Boulevard as shown in the applicant's traffic study. The
mitigation of thosc impacts needs to occur both through initial construction of City standard strcet
connections to address immediate traffic demand and revisions to certain intersection components;
as well as through waivcrs of SIDs to provide an equitable funding mechanism for participation in
the eventual signalization of the intersection.
Requirement for second access, Section 18.44.01 O.H, BMC was waived recognizing the existing and
proposed infrastructure will allow for full looping of the water and other necessary utility
installations and the presence of the private extension of S 7th A venue which can provide a second
access point for emergency vehicles. Future development to the south will provide additional points
of access in the future.
The use of the cul-de-sac, as allowed in Section 18.44.010.1, BMC, provides a means of direct access
to the adjacent parcels while leaving the principal street frontage clear of intersections, thereby
supporting access control and further that there was no ability to extend the street to the north.
Additional development will complete the half-street and make connection to the extension ofS 9th
Ave, therefore the cul-de~sac is not material in the sense of preventing second or subsequent points
of access to the area. Further, as the area to thc cast is not available for future development there is
not a need to extend the street completely to the east. The full extension of University Way to the
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eastern property boundary would also create conflicts with the existing development on Lot 2.
The half streets for S. 11 rh Ave and University Way, are allowed as provided for in Section
18.44.01 O.G BMC as the extension of thesc streets will facilitate future development in the area and
the remaining portions can reasonably be provided by adjacent future development. Should the
additional right-of-way become immediately available then development of the full street section
should be provided.
The subject property intersects the Gallagator Trail on its eastern sidc. The Gallagator is a
substantial publicly traveled pedestrian and bicycle facility which extends through a large portion of
town and connects several significant destination points including Morning Star School, Museum of
the Rockies, and the new public library site. The application materials contain an offer to provide
easemcnts for trails along the cast and southern side of the property as well as for an informal trail
which connects the Westridge area with the extension of S 7th Ave. The applicant also will agree to
the provision of such trails through the annexation agreement for the eastern portion of the
property. The City has accepted this offer as the easements will provide for significant pedestrian
travel opportunities to important areas of the community. Standards for such transportation
pathways have been adopted by the City through the Unified Development Ordinance and Parks
department. Developmcnt of the easements should comply with those standards.
B. COMPLIANCE WITH SURVEY REQUIREMENTS PROVIDED FOR IN PART 4 OF THE
MONTANA SUBDIVISION AND PLATTING ACT
The subdivision complies or will comply with survey requirements of the Act.
e. COMPLIANCE WITH THE BOZEMAN SUBDIVISION REGULATIONS
The final plat will comply with the rcguIations with the recommended conditions of approval and
corrections of code requirements outlined in the beginning of the staff report. In addition, a ditch
maintenance easement needs to be provided along the northern boundary of the site to protect thc
blow-off ditch.
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. Application matcrials have been reviewed by the applicable public
agencies, and compliance with required conditions will be verified through the fma1 platting process.
E. PROVISION OF EASEMENTS FOR THE LOCATION AND INSTALLATION OF ANY
PLANNED UTILITIES
All utilities and necessary utility casements will be provided and depicted on the final plat.
F. PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEL
Access for both lots will bc provided from S. 11 rh Avenue and University Way.
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ORDER
Aftcr considering all matters of record presented at the public hearing, the Bozeman City Commission
found that the proposed subdivision would comply with thc adopted 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.
THEREFORE, IT IS HEREBY ORDERED that the Preliminary Subdivision Plat of the CFT Limited
First Minor Subdivision for the property owners CFT Limited, be approved, subject to the following conditions:
Conditions of Approval:
1) 'rhe annexation of the eastern edge of the property shall be completed prior to or concurrent with
application for a Final Plat of the subdivision.
2) Transportation pathways shall be provided as described in Section 18.44.110, BMC and as described in the
application materials response to Additional Subdivision Preliminary Plat Supplements, Item S; and as more
particularly required below.
a) There shall be a transportation pathway easement provided for the existing Gallagator Trail. The total
width of the easement between the CFT subdivision and adjacent development shall not be less than 25
feet. This condition may be met by demonstrating the existence of a prior easement meeting the same
standard.
b) There shall be a transportation pathway connection provided between the existing Gallagator Trail and
the extension of S 11 th Avenue. The connection may include sidewalks within public rights-of-way.
i) A pedestrian easement that is not less than 25 feet in width shall be provided along the southern
edge of Lot 2, excepting that area where the existing building is placed such that 25 feet can not be
provided where a lesser width is acceptable.
ii) A Class I meandering natural fines trail shall be constructed within the easement along the southern
edge of Lot 2 and connect the Gallagator Trail to public right-of-way to the west.
ill) The trail and any sidewalks making up the transportation pathway shall be alib>1led so that their
point of connection provides a safe and functional transition of surfaces and safely crosses any
motor vehicle area.
iv) The trail shall be configured so that the trail is adjacent to any water valves or sewer manholes
within the easement to facilitate dual use of the trail by the City of Bozeman for water and sewer
line maintenance.
c) There shall be a transportation easement provided for the existing informal trail connecting the
Westridge spur trail adjacent to the Overbrook development and the alignment of S 7th Avenuc.
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3) Th<: delineated floodplain of Figgins Creek shall be shown on the final plat.
4) I~asements for maintenance of the ditches must be provided in locations that do not interfere with street
function and allow for effective maintenance of the ditch.
5) Any stormwater facilities which service more than a single lot must have the necessary easements provided
for transmission, treatment, and discharge of water; and must be properly designed and sized to meet the
full expected development of the lots benefiting from the easements.
6) The cul-de-sac street light shall be removed and the light located on Scientific Boulevard shall be relocated
to the intersection of Scientific Boulevard and South 9th A venue.
7) The final plat shall not portray building locations on Lot 1 that are not physically constructed at this time. A
notation regarding future development of Lot 1 with condominiums may be included.
8) Unless currently flied with the property, executed Waivers of Right to Protest Creation ofS.I.D.'s shall be
provided and flied with the County Clerk and Recorder's office for the following:
a. Street improvements to S 11 th A venuc including, but not limited to, paving, curb/gutter,
sidewalk, and storm drainage.
b. Signalization improvements at the intersection ofW. Kagy Boulevard and S 11 th Avenue.
c. Street improvements to W. Kagy Boulevard including, but not limited to, paving, curb/gutter,
sidewalk, and storm drainage.
The document filed shall specify that in the event an S.LD. is not utiIi;o;ed for the completion of these
improvements, the developer agrees to participate in an alternate financing method for the completion of
said improvements on a fair share, proportionate basis as determined by square footage of property, taxable
valuation of the property, traffic contribution from the development or a combination thereof.
9) 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.
10) The 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 si;o;ing calculations, and a stormwater maintenance plan.
11) Detailed review of the final grading and drainage plan and approval by the City Enginecr will be
required as part of the infrastructure plan and specification review process.
12) 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.
13) Stormwater gencrated by the proposed subdivision which discharges to any privately owned
ditch must have the written permission of the ditch owner.
14) The location of and distinction between existing and proposed sewer and water mains and all
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casements shall be clearly and accurately depicted, as well as all nearby fIre hydrants and proposed
fIre hydrants.
15) A comprehensive design report evaluating existing capacity of water and sewer utilities has been
provided to thc City Engineer. Detailed review and approval of the Design Report will be required
as part of the infrastructure plan and specification review and approval process. The report must
include hydraulic evaluations of each utility for both cxisting and post-development demands. The
report fIndings must demonstrate adequate capacity to serve the full development. The report must
also identify the proposed phasing of water and sewer construction.
16) If adequatc water and/or sewer capacity is not available for full 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 systcm improvements to serve the full
development.
17) The applicant is advised that the water main in S 11th A venue shall be extended to the southern
property line as part of this development.
18) The sewer main shall be extended to the western property line to adequately accommodate
future extension to the west.
19) Plans and SpecifIcations for watcr and sewer main extensions, prepared and signed by a
Professional Engineer (FE) registered in the State of Montana has bcen provided to by the City
Engincer for review and approval. Water and sewer plans shall also be approved by the Montana
Departmcnt of Environmental Quality. The applicant shall also providc ProfcssionaI Enginecring
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.
20) No building permits shall be issued prior to City acceptance of the required infrastructure
improvements unless approved for concurrent construction.
21) Easements needed 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 easemcnt. 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 bc 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.
22) Proposed street widths shall be indicated on the submittal. City Standard curb, gutter and
sidewalk shall be provided along all streets in the subdivision. Public streets within the subdivision
will be City standard width. Detailed review of the street and intersection design and approval by the
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City Engineer will be required as part of the infrastructure plan and specification review process.
23) 'l'he east half (45 feet) of the public street right of way for S 11 th A venue shall be dedicated to
the City on the Final Plat for this subdivision.
24) The applicant is advised that S 11 th Avenue, from W Kagy Boulevard to the southern boundary,
shall be improved, as part of this dcvelopment, to one half of a collector standard as shown in the
Greater Bozeman Area Transportation Plan 2001 Update. 12 feet of pavement for the opposing
lane of travel shall be provided. City standard sidewalk, curb and gutter will be required in the
standard location on the east side of the street. Detailed revicw of the street and intersection design,
and approval by the City Engineer will be required as part of the infrastructure plan and
specification review process.
25) A detailed Traffic Impact Analysis prepared by a qualified Traffic Engineer registered in the
State of Montana has been provided to the City Engineer for review and approval. The Report shall
address existing and projected traffic volumes on all intcrnal and perimeter streets and level of
service evaluations at the intersection ofW. Kagy Boulevard and S 11 th Avenue. The Report shall
include recommendations for any necessary off-site roadway improvements.
26) Plans and Specifications for streets and storm drainage facilities, prepared and signed by a
Professional Engineer (PE) registered in the State of Montana has been provided to the City
Engineer for review and approval. 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.
27) No building permits shall be issued prior to City acceptance of the required infrastructure
improvements unless approved for concurrent construction.
28) Street names must be approved by the City Engineer and county Geographic Information
Systems office.
29) If construction activities related to the project result in the disturbance of morc than 1 acre of
natural ground, an erosion/sediment control plan may be required. Thc 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 thc State, the Developer shall demonstrate
to the City full permit compliance.
30) The Montana Department of Fish, Wildlife and Parks, SCS, Montana Department of
Environmental Quality and Army Corps of Engineer's shall be contactcd regarding the proposed
project and any required permits (i.e., 310,404, Turbidity exemption, etc.) shall be obtained prior to
Final Site Plan approval.
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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 thc City Commission,
by following the procedurcs of Section 76-3-625, M.C.A. The preliminary approval of this subdivision
shall be effective for three years from the date of adoption of these Pindings by the City Commission.
At the cnd of this period the City Commission may, at the written request of the subdivider, extcnd its
approval as provided for in the Bozeman Subdivision Regulations.
DA TED this 20th day of December ,2004.
SSION
A TrEST: APPROVED AS TO FORM:
~JLt!L~J ~ 1'-={]eP<<
Robin L. Sullivan Timothy A. Cooper '
Clerk of the Commission Acting City Attorney
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