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HomeMy WebLinkAbout02- Northern Rockies Major Subdivision . . BEFORE THE BOZEMAN CITY COMMISSION GALLATIN COUNTY, MONTANA IN THE MATTER OF THE APPLICATION OF FINDINGS CAMPBELL, LLC AND GARY F. LUSIN, LLC, OF FACT REPRESENTED BY BAYLISS ARCHITECTS, P.Co AND ORDER FOR PRELIMINARY PLAT AMENDMENT APPROVAL OF NORTHERN ROCKIES MAJOR SUBDIVISION PUD. This matter came before the Bozeman City Commission on February 19, 2002, for review and decision pursuant to the Montana Subdivision and Platting Act, Section 76-3 -1 0 1 through 76-3 -625, Montana Codes Annotated, and the Bozeman Area Subdivision Regulations, Bozeman Area Master Plan, and Bozeman Zoning Ordinance. The applicant presented to the Commission a Preliminary Subdivision Plat Amendment to an approved seven-lot major subdivision as submitted in its original form on December 27,2001, P-0047. The Commission held a public hearing on the preliminary plat amendment and considered all relevant evidence relating to the public health, safety, and welfare, and the recommendation of the planning board, to determine whether the plat amendment 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 December 27,2001, Campbell, LLC and Gary F. Lusin, LLC, represented by Bayliss Architects, P. C., submitted an application for amendment to the conditions of approval for Northern Rockies Subdivision, a Planned Unit Development, a major subdivision dividing 7.7 acres into seven -1- . (7) commercial lots. The property is located inthe SEv.. ofthe SWv.. of Section 8, T.2S, R.6E, PMM, City of Bozeman, Gallatin County, Montana. The subject property is zoned R-O (Residential Office 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 Bozeman Planning Board. III. Notice of the time and date of the public meeting and public hearing was posted at the site and also published in the Bozeman Daily Chronicle on January 13,2002. Said notice also served to inform interested persons that materials were available for review at the Bozeman Planning & Community Development Department. The Bozeman Planning Board considered the application at its regular meeting on February 5,2002. The Planning Board found that the application was properly submitted and reviewed under the procedures of the Bozeman Area Subdivision Regulations and the Bozeman Area Zoning Ordinance. Staff reviewed the staff report and the evidence which justified the imposition of conditions. The applicant made a formal presentation in favor of the requested subdivision amendment and agreed to all conditions presented in the Staff Report. The Planning Board then opened the public hearing. There were no comments from the general public in favor of or in opposition to the proposed subdivision amendment. Receiving no response, the Planning Board closed the public hearing. The Planning Board then voted on a motion regarding the subdivision amendment. The motion, to recommend approval of the subdivision with eonditions as recommended by Staff, passed on a vote of 6 in favor and 0 in opposition. -2- IV. The application was considered by the Bozeman City Commission at its regular meeting on February 19, 2002, at which time the recommendation of the Planning Board and information compiled by City staffwas 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) PRIMARY REVIEW CRITERIA 1. Effects on Agriculture. The property and adjacent properties are within an urban planning area thus agricultural uses are limited. Therefore, the development of this property as permitted under the zoning and the master plan designation will not impact agriculture. The requested amendments to the plat will not have an adverse impact on agriculture. 2. Effects on Agricultural Water User Facilities. There are no agricultural water uses on site or adjacent from the property. 3. Effects on Local Services. Water/Sewer: Water and sewer have already been installed to the property. Since the paving was not completed this year, the city was only able to inspect the installation. City acceptance of the infrastructure will oecur once the paving of Ellis has been completed. The property owners will be required to sign a Hold Harmless Agreement and should the subdivision be inaccessible due to construction activity, the City will not be held liable. PolieelFire: The property falls within the City's emergency response boundary. Streets: The issuance of building permits will still limit the vehicular access of the site to construction equipment working on completion of the roadways and the construction of buildings within the subdivision. Based on the rewording of conditions #9 and #18, the improvements to Highland Boulevard and Ellis Street must be completed prior to issuance of a Certificate of Occupancy. Utilities: The utilities were installed Fall 200 1 but was not certified by the City. Buildings will not be occupied until the City has accepted all improvements. 4. Effects on the Natural Environment. All of the necessary permitting required by the Montana Department of Fish, Wildlife and Parks, Soil Conservation Service, MDEQ, and Army Corps of Engineer's was addressed prior to final plat approval. -3- . 5. Effects on Wildlife and Wildlife Habitat. There are no foreseeable impacts on wildlife and wildlife habitat associated with allowing concurrent construction. 6. Effects on Public Health and Safety. The public safety shall be served as per conditions, occupancy will not be permitted until all remaining infrastructure improvements have been completed and accepted. B) COMPLIANCE WITH SURVEY REQUIREMENTS PROVIDED FOR IN PART 4 OF THE MONT ANA SUBDIVISION AND PLATTING ACT. The subdivision complies with survey requirements of the Act. C) COMPLIANCE WITH THE BOZEMAN SUBDIVISION REGULATIONS. The proposal, with the recommended conditions, is in compliance with the amendment to the Bozeman Municipal Code as outlined under Section 16.16.070.A and shall address all of the criteria outlined in Ordinance 1533. D) COMPLIANCE WITH THE REOUIRED SUBDIVISION REVIEW PROCESS. The meeting before the Planning Board and hearing before the City Commission have been properly noticed, as required in the Subdivision Regulations. E) PROVISION OF EASEMENTS FOR THE LOCATION AND INSTALLATION OF ANY PLANNED UTILITIES. All utilities and necessary utility easements were provided and depicted on the final plat. F) PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEL. All lots within the subdivision will have legal and physical access. Occupancy will not be granted for any of the lots until all subdivision improvements are completed in order to insure that all lots within the subdivision have physical access to Ellis Street. G) COMPLETION OF IMPROVEMENTS. The issuance of a building permit may be allowed prior to completion ofthe public infrastructure, provided the following criteria are met: 1. The su~ject property shall be developed under the provisions of Chapter 16.24 Planned Unit Development or under provisions established for Traditional Neighborhood Development. 2. The property owners involved must enter into an Improvements Agreement, to be secured by afinancial guarantee in an amount to be determined by the City, with said guarantee to be in the name of the City of Bozeman. 3. Approval of the final engineering design, including location and grade, for the infrastructure project must be obtainedfrom the City Engineering Department, and the Montana Department of Health and Environmental Sciences when applicable, prior to issuance of any building permit for the development. 4. Building Permits may be issued incrementally, dependant upon the status of installation of the infrastructure improvements. All building construction within the PUD or TND shall cease until required phases of infrastructure improvements as -4. , described in the PUD or TND have been completed, and inspected and accepted by the City of Bozeman. 5. The property owner shall provide and maintain fire hazard and liability insurance which shall name the City as an additional insured and such issuance shall not be cancelled without at least 45 days prior notice to the City. The property Owner shall furnish evidence, satisfactory to the City, of all such policies and the effective dates thereof 6. The property owner recognizes, acknowledges, and assumes the increased risk of loss because certain public services do not exist at the site. 7. The property owner shall enter into an Agreement with the City which providesfor predetermined infrastructure funding options. 8. No occupancy of any structures or commencement of any use constructed or proposed within the boundaries of the PUD ofTND will be allowed until required infrastructure improvements have been completed, and inspected and accepted by the City of Bozeman, and a Certificate of Occupancy has been issued. 9. The property owner shall enter into Agreement with the City to address the provision of any services on an interim basis during construction, if deemed appropriate. 10. The property owner shall execute a Hold Harmless and indemnification Agreement indemnifying, defending and holding harmless the City, its employees, agents and assigns from and against any and all liabilities, loss, claims, causes of action, judgments and damages resulting from or arising out of the issuance of a building permit under this section. 11. The property owner shall pay for any extraordinary costs associated with the project which the City may identify, including but not limited to, additional staff hours to oversee the planning, engineering and construction of the project and infrastructure improvements, inspection of the infrastructure improvements and any extraordinary administrative costs. ORDER After considering all matters of record presented at the public hearing, the City Commission found that the proposed subdivision amendment would comply with the Bozeman Area Master Plan and the requirements of the Bozeman Area 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 criteria. -5- . . THEREFORE, IT IS HEREBY ORDERED that the Preliminary Subdivision Plat Amendment of Northern Rockies Subdivision for Campbell, LLC and Gary F. Lusin, LLC, be approved, subject to the following conditions: Amended Findings of Fact #9: The developer's engineer shall submit plans and specifications to the City Engineering Office outlining the improvements necessary on Highland Boulevard to accommodate southbound left-hand turning movements from Highland Boulevard onto Ellis Street. The design shall account for existing improvements and right-of-way, and meet the minimum American Association of State Highway and Transportation Officials (AASHTO) geometric design requirements. The Plans and Specifications will be subject to review and approval by the City Engineering Office, and they must be approved prior to construction of the improvements. The required improvements shall be completed or financially guaranteed prior to final plat approval. No building PGllll~ts A Certificate of Occupancy will not be issued prior to City of Bozeman acceptance of said infrastructure improvements. Amended Findings of Fact #18: The plans and specifications for the project infrastructure must be adequately dimensioned and clearly indicate the extent of all improvements proposed for each phase. The plans must clearly show the location of and distinction between existing and proposed sewer/water mains and easements, as well as nearby and proposed fire hydrants. All infrastructure improvements required for the development including water and sewer main extensions, public streets, curb and gutter, sidewalks and related storm drainage infrastructure improvements shall be construeted or financially guaranteed prior to final plat approval. No buildins PGllllits A Certificate ofOccupancv. within any phase of development, will not be issued prior to completion and City of Bozeman acceptance of said infrastructure improvements for that phase. 1. The property owner shall provide and maintain fire hazard and liability insurance which shall name the City as an additional insured and such issuance shall not be cancelled without at least 45 days prior notice to the City. The property owner shall furnish evidence, satisfactory to the City, of all such policies and the effective dates thereof prior to issuance of any building permits. 2. Prior to issuance of any building pennits, the property owner shall execute a Hold Harmless and indemnification Agreement indemnifYing, defending and holding harmless the City, its employees, agents and assigns from and against any and all liabilities, loss, claims, causes of action, judgments and damages resulting from or arising out of the issuance of a building permit under this section. 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, M.C.A. -6- . . . DATED this 15th day of April, 2002. BOZEMAN CITY COMMISSION ~~ By'" ~ ev R. K: rc 0, Mayor ATTEST: O~J~ Robin L. Sullivan Clerk of the Commission -7.