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HomeMy WebLinkAbout02- Lowe's Minor Subdivision . Lowe's Minor Subdivision Findin s of Fact and Order #P-02009 BEFORE THE BOZEMAN CITY COMMISSION GALLATIN COUNTY, MONTANA IN THE MATTER OF THE APPLICATION OF PHILIP FINDINGS SACCOCCIA, JR. REPRESENTED BY MORRISON OF FACT MAIERLE, INC., FOR PRELIMINARY APPRO V AL OF AND ORDER LOWE'S MINOR SUBDIVISION. This matter came before the Bozeman City Commission on April 8, 2002, 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 Bozeman Area Subdivision Regulations, Bozeman 2020 Community Plan, and Bozeman Zoning Ordinance. The applicant presented to the Commission a proposed Preliminary Subdivision Plat for a five lot subsequent minor subdivision as submitted in its original form on February 12, 2002, P-0118. 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 ofthe 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 L On February 12, 2002, Philip Saccoccia, Jr. represented by Morrison Maierle, Inc., submitted an application for approval to create Lowe's Subdivision, a subsequent minor i fLowe's Minor Subdivision Findings of Fact and Order #P-02009 1 subdivision dividing 40 acres into five (5) lots. The property is legally described as Tract lB, CO.S. l2l5A, Tract A and B of C.O.S. l2l5C, City of Bozeman, Gallatin County, Montana. The subject property is zoned B-2 (Community Business District) and M-l (Light Manufacturing District). II. The comments of the Development Review Committee, along with those of Planning & Community Development Staff, were incorporated into a S taff 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 posted at the site on March 1,2002 and a revised notice was posted March 12,2002. 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 and continued the public meeting on March 19, 2002 in order to comply with noticing requirements for a revised public notice then considered the application at its regular meeting on April 2, 2002. The Planning Board found that the application was properly submitted and reviewed under the procedures ofthe City of Bozeman Area Subdivision Regulations and the City of Bozeman 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 and agreed to the conditions presented in the staff report. -2- ; Lowe's Minor Subdivision Findin s of Fact and Order #P-02009 The Planning Board then opened the public hearing. No one from the general public spoke regarding the proposed subdivision, the Planning Board closed the public hearing. The City of Bozeman Planning Board then moved to recommend approval ofthe 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 opened and continued at the regular meeting held on March 25,2002 to be considered by the Bozeman City Commission at its regular meeting on April 8, 2002, 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) PRIMARY REVIEW CRITERIA 1. Effects on Agriculture. The property has been master planned for Regional Commercial development due to its proximity to North 19th Avenue and Interstate 90. The commercial designation does not plan for agricultural use. However, the property owner expects to allow the continued farming of the property until the development reaches full build-out. 2. Effects on Agricultural Water User Facilities. The transfer of water to downstream users of Walton's stream/ditch will remain intact. Staff has recommended the installation of an on-site well for irrigation purposes only. The property is located within the solvent plume boundary and will therefore be required to obtain a permit from the DNRC. Water diverted from storm water detention can only be released into Walton's stream/ditch with the approval and permitting by Fish, Wildlife & Parks. -3- Lowe's Minor Subdivision Findin s of Fact and Order #P-02009 3. Effects on Local Services. Water/Sewer: The applicant has indicated in the application that on-site wells would be utilized for irrigation purposes to alleviate the potential burden on city services. A 12" water main exists on the adjacent property to the west and thcre is an existing scwer line in Baxter Lane. Police/Fire: The property falls within the City's emergency response boundary. Additional concerns regarding safety will be minimized with improvements to the level of service at the intersections of Baxter Lane and Tschache Lane and 19th A venue. The developer of the property on the west side of 19th A venue has proposed the installation of a signal at the intersection of 19th A venue and Tschache Lane and possible improvements to 19th A venue including a light for westbound interchange traffic. Some of these improvements may be required to mitigate the potential impact of this development and as such will be required to participate in the necessary payback districts. Streets: The primary access for lot 1 is Baxter Lane and lots 2 and 3 will gain access from Tschache Lane. The subdivision also depicts a private street running north to south through the middle of the property that will provide access for lots 4 and 5. Utilities: Condition #17 addresses the appropriate easements that must be obtained and noted on the final plat as required under Section 16.14.050 ofthe City of Bozeman Subdivision Regulations. 4. Effects on the Natural Environment. Surface run offwill be directed into storm water detention facilities that will be maintained by the property owner's association. The stream/ditch will remain as open spaee and provide a public trail corridor. 5. Effects on Wildlife and Wildlife Habitat. There should be minimal impact to Walton's stream/ditch given the distance ofthe developed area from the stream/ditch. Discharge into the stream/ditch will require further evaluation by the appropriate authorities. 6. Effects on Public Health and Safety. The threat of groundwater degradation from onsite sewage disposal should be eliminated 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. -4- , Lowe's Minor Subdivision Findin s of Fact and Order #P-02009 B) COMPLIANCE WITH SURVEY REQUIREMENTS PROVIDED FOR IN PART 4 OF THE MONTANA SUBDNISION AND PLATTING ACT. The subdivision complies or will comply with survey requirements of the Act. C) COMPLIANCE WITH THE BOZEMAN SUBDNISION REGULA nONS. The final plat will comply with the regulations with the recommended conditions of approval outlined in the beginning of the staff report. D) COMPLIANCE WITH THE REQUIRED SUBDNISION REVIEW PROCESS. The Planning Board and City Commission hearings have been properly noticed, as required in the Subdivision Regulations. E) PROVISION OF EASEMENTS FOR THE LOCATION AND INST ALLA TION OF ANY PLANNED UTILITIES. All utilities and necessary utility easements will be provided and depicted on the final plat. F) PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEL. The new lots will gain adequate access from Baxter and Tschache Lanes. 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 Bozeman 2020 Community Plan and the requirements ofthe 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. THEREFORE, IT IS HEREBY ORDERED that the Preliminary Subdivision Plat of Lowe's Subdivision for Philip Saccoccia, Jr., be approved, subject to the following conditions: -5- ~ . ILowe's Minor Subdivision Findings of Fact and Order #P-02009 I 1. Prior to final plat approval, a Memorandum of Understanding shall be entered into by the Weed Control District and the subdivider for the control of county declared noxious weeds and a copy shall be provided to the Planning Department. 2. The Pinal Plat shall delineate the 35-foot wide stream/ditch setback and any related jurisdictional wetlands and floodplain boundaries. 3. A lO-foot wide Public Access Easement shall be provided and noted accordingly on the Pinal Plat, for the public trail that parallels the west side of Walton Stream/Ditch. 4. A 12-foot Public Access Easement shall be noted accordingly on the Pinal Plat, for the pedestrian corridor along Tschache Lane. 5. All detention pond facilities shall be identified as "Common Areas" to be owned and maintained by the Property Owner's Association. An easement for the stormwater detention pond shall be noted accordingly on the Pinal Plat and in the Covenants. 6. The covenants shall be recorded with the final plat which specifically includes the provisions from Section 16.34.030 and the following: a. The applicant shall provide seven bound copies of the Covenants and Developmental Guidelines that includes a table of contents and page numbers. b. The reference to Outparcel numbers in the Covenants and Developmental Guidelines shall be eliminated and replaced with lot numbers or building letters. c. Section 3.4 "Use Restrictions" of the Covenants shall state that the permitted uses shall be those allowed in the "B-2" Community Business and "M-1" Light Manufacturing Districts. The following uses shall be removed from the list of permitted uses for the development: truck stop, flea market and dry cleaning plant. d. Section 3.6 "Outparcel Development" shall require total screening of all ground and rooftop mechanical equipment from all sides. Rooftop mechanical equipment shall be incorporated into the roof form and ground mounted mechanical equipment shall be screened with walls or fences. e. The City of Bozeman shall be third party to any changes or modifications made to the restrictive Covenants and Developmental Guidelines as they relate to any zoning and or planning by-laws. .6. . . : . Lowe's Minor Subdivision Findin s of Fact and Order #P-02009 f. A maintenance plan shall be provided in the Covenants that addresses the maintenance, upkeep and repair of all applicable open space, landscaping within the required yard setbacks, interior street lighting, open space areas, landscaping, trail corridor, pedestrian facilities, snow removal and storm water facilities by the property owner's association. g. The applicant shall submit, to the Planning Office, revised Covenants, Restrictions and Articles of Incorporations and Developmental Guidelines at least thirty (30) days prior to submitting an application for Pinal Plat. The Covenants and Developmental Guidelines shall be recorded with the Gallatin County Clerk & Recorder's Office with the final subdivision plat. 7. One half ofthe required 90' right of way for Baxter Lane shall be dedicated on the final plat. Baxter Lane shall be improved from the eastern boundary of this subdivision to 19th A venue. The road shall be improved to a three-lane collector standard as shown in the Greater Bozeman Area Transportation Plan 2001 update. Tschache Lane shall be constructed to the eastern boundary of the subdivision. 8. This property is included in a payback for additional design work related to the signal at 19th and Baxter. The applicant shall make the required payback prior to filing the final plat. 9. The traffic impact analysis submitted for the project shall be approved by City Engineering and the Montana Department of Transportation. All improvements needed to provide adequate level of service for the analyzed intersections must be installed with the projeet. Based on the analysis improvements to the intersection ofTschache and 19th, and Baxter and 19th are required for this proj ect. 10. If the project is not approved for concurrent construction by the City Commission under ordinance 1532, no building permits shall be issued until all on site and offsite public infrastructure improvements are installed and accepted by the City of Bozeman. 11. If the project is approved for concurrent construction by the City Commission under ordinance 1532, all conditions ofthe ordinance shall be met by the applicant. No building permits will be issued in this case until plans and specifications for all on site and off site infrastructure improvements have been approved for construction by the appropriate governing body. No occupancy permit shall be issued until all said improvements have been installed and accepted. 12. The 12" ductile iron water main in Tschache Lane shall be labeled on the Final Plat. 13. Dead end water mains shall not exceed 500 feet in length. -7- . . . I Lowe's Minor Subdivision Findings of Fact and Order #P-02009 I 14. Stormwater Master Plan: 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. 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 stormwater receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin site, drainage ways and finished lot grades), typical stormwater detention/retention basin and discharge structure details, basin sizing calculations and a stormwater maintenance plan. Any stormwater 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. While the runoff from the individual lots will be dependent on the intensity of use on each lot, the maximum sizing ofthe storm retention facilities for each lot will be established based on maximum site development. Pinal facility sizing may be reviewed and reduced during design review ofthe PSP for each lot. 15. Plans and specifieations 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. 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 permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless the project is approved for concurrent construction under Ordinance 1532 by the City Commission. 16. All infrastructure improvements including 1) water and sewer main extensions, and 2) public streets, curb/gutter, sidewalks, and related storm drainage infrastructure improvements shall be financially guaranteed or constructed prior to Pinal Plat approval. 17. The location of existing water and sewer mains shall be properly depicted. Proposed main extensions shall be noted as proposed. -8- . . . .. . Lowe's Minor Subdivision Findin s of Faet and Order #P-02009 18. The Montana 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 FSP approval. 19. 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. 20. The Final Plat shall note a minimum twenty (20) foot wide utility easement on all side and rear property lines as required by the Subdivision Regulations. The requirement of utility easements in the side property lines may be waived when all local utility agencies and the Director of Public Serviee agree in writing that utilities ean be installed in the twelve (12) foot wide and ten (l0) foot wide utility easements along the front and rear of the lots or other proposed easements and the that the utility easements along the side property lines are not necessary. 21. Project phasing shall be clearly defined including installation of infrastructure. 22. The Final Plat shall contain a notation stating that the development of each phase of the subdivision will not interfere with any agricultural water user facility or irrigation ditches for downstream water user rights, and that is also be noted accordingly in the by-laws and protective covenants for the property owners association. 23. The final plat shall eon form to all requirements of the Bozeman Area Subdivision Regulations and the Uniform Standards for Final Subdivision Plats and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The final plat application shall include two (2) signed reproducible copies on a stable base polyester film (or equivalent); two (2) digital copies on a double-sided, high density 3Y:z-inch floppy disk; and five (5) paper prints. 24. 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 a one-year extension of the approval period, to the Planning Director for the City Commission's consideration. 25. If it is the developer's intent to file the plat prior to the completion of all required improvements (with the exception of water and sewer infrastructure), an Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and -9- . . . . \- ; Lowe's Minor Subdivision Findin s of Fact and Order #P-02009 conditions of approval. lfthe final plat is filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150% of the cost of the remaining improvements. 26. A written narrative explaining how each condition of approval has been met shall be provided with the Final Plat submittal. 27. A payback district may be established for the Baxter Lane Trunk Sewer Main. If the payback is established prior to connection to the existing main, the developer shall make full payment of his prorata share as defined in the payback agreement. 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 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. DATED this 15th day of April ,2002. BOZEMAN CITY COMMISSION BY:_<l'~ Steven R. Kirchhof , yar ATTEST: ~ J ~~~ Robin L. Sullivan Clerk of the Commission -10-