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HomeMy WebLinkAbout02- R&D Holding Subdivision ;.=- .. ; 1.....R&n.Boll1irigMiriti...Subdivisi6riEiridirigsof Factlltld.Ofi.Ie[ #1''-01007 I BEFORE THE BOZEMAN CITY COMMISSION GALLATIN COUNTY, MONTANA IN THE MATTER OF THE APPLICATION OF 360 RANCH FINDINGS CORPORA TION AND R&D HOLDING REPRESENTED BY OF FACT TOM HENESH FOR MORRISON - MAIERLE, INC. AND ORDER FOR PRELIMINARY APPRO V AL OF R&D HOLDING 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 minor subdivision consisting of 5 lots as submitted in its original form on February 5, 2002, P-02007. 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 February 5,2002,360 Ranch Corporation and R&D Holding, represented by Tom Henesh of Morrison - Maierle, Inc., submitted an application for approval to create the R&D Holding Subdivision, a minor subdivision dividing 19.6 acres into 5 lots zoned BP (Business Park), R-O (Residential Office) and B-1 (Neighborhood Service). The property is located in the SWl/4 of Section 10, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana. 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 1......R&D.H()ldiIl.g.Mil1()f.$~MiyisioIl..FiI1diI1F\s. ofFtllitllod.()rQer...... #:p;.(}2Q01 I 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 March 10, 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 March 19, 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 its 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 most conditions presented in the Staff Report with the exception of recommended condition of approval #10. The Planning Board then opened the public hearing. There were no comments from the general public regarding the proposed subdivision. Receiving no further comment, the Planning Board closed the public hearing. The Planning Board agreed that the conditions outlined in the staff report were necessary with the exception of condition # 10. The Planning Board then voted on a motion to recommend approval of the subdivision, with conditions as recommended by Staff, with the added change to condition #] 0 that the applicant shall provide and file with the County Clerk and Recorder's Office and executed Waiver of Right to Protest Creation of SID for street improvements to the east half of Cottonwood Road, extending from Huffine Lane to West Babcock Street. The motion passed on a unanimous vote of 5 in favor and 0 in opposition. IV. The application was 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 staffwas reviewed. v. The application was weighed against the review criteria established by Statute, and the City Commission found as follows: - 2 - #P"02007 A) PRIMARY REVIEW CRITERIA 1. Effects on Agriculture. The subdivision of this property shall remove approximately 19.6 acres in agricultural production. The area directly to the east of the subject property is part of the Spring Creek Village Subdivision, which shares the Business Park and Residential Office zoning districts. 2. Effects on Agricultural Water User Facilities. There is an existing ditch, Baxter Ditch, which flows north through subject property. Engineering condition #10 addresses the need to relocate Baxter Ditch, located within the right-of-way of Cottonwood Road, onto the lots and with the appropriate easements shown on the Final Plat. 3. Effects on Local Services. Water/Sewer: Water/Sewer services can be provided by connection to existing main lines located to the west in Cottonwood Road (condition #18). General capacity limitations for water and sewer facilities are not anticipated by the Engineering Department staff as a result of this minor subdivision. The design and approval of water and sewer facilities is addressed in recommended condition #20. Streets: Street improvements, including city standard sidewalks are addressed in recommended conditions #9, #10, and #20. 4. Effects on the Natural Environment. Stormwater and drainage will be addressed through condition # 19. Applicant has entered into an agreement for a Noxious Weed Management Plan with the Gallatin County Weed Board. 5. Effects on Wildlife and Wildlife Habitat. Due to its historically agricultural use and the future development of surrounding lands, no significant adverse effects on wildlife or their habitat have been identified on the property. 6. Effects on Public Health and Safety. Because development in the subdivision will be serviced by municipal sewer, the threat of groundwater degradation from onsite sewage disposal will be eliminated (condition #18). 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. - 3 - -...------------ ---- ------ --- - ---- #P~02007 C) COMPLIANCE WITH THE BOZEMAN SUBDIVISION REGULATIONS. With conditions, the final plat will comply with the regulations. D) COMPLIANCE WITH THE REQUIRED 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. The notice was mailed to all adjoining property owners by certified mail on March 1, 2002, and the notice was published in the Bozeman Daily Chronicle on March 10, 2002. E) PROVISION OF EASEMENTS FOR THE LOCATION AND INSTALLATION OF ANY PLANNED UTILITIES. All utilities and necessary utility easements will be provided. F) PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEL. Legal and physical access to each parcel is provided from existing streets through the subdivision. VI On May 29,2002,360 Ranch Corporation and R&D Holding, represented by Tom Henesh of Morrison - Maierle, Inc., submitted a second preliminary plat application to request modifications to conditions of preliminary plat approval to the R&D Holding Minor Subdivision, a minor subdivision dividing 19.6 acres into 5 lots zoned BP (Business Park), R-O (Residential Office) and B-1 (Neighborhood Service). The property is located in the SWI;4 of Section 10, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana. VII 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. VIII 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 June 2, 2002. Said notice also served to inform interested persons that materials were available for review at the Bozeman Planning & Community Development Department. - 4 - . I... R&O.H61d1llg MiIlPf.Sobdi\iislol1..Firidill!!s ofFacl..llridbi def.. ........#P.01bb1<1 The Bozeman Planning Board considered the application at its regular meeting on June 18, 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 its report and the evidence. The applicant made a formal presentation in favor of the requested modifications to conditions of preliminary plat approval. The Planning Board then opened the public hearing. There were no comments from the general public regarding the proposed modifications. Receiving no comment, the Planning Board closed the public hearing. The Planning Board asked for clarification on street designations, partial vs. full access, and future development plans for Cottonwood Road. The Planning Board then voted on a motion regarding the requested modifications. The motion, to recommend approval of the requested modifications to conditions of preliminary plat approval as recommended by Staff, passed on a vote of 5 in favor and I in opposition. IX The application was considered by the Bozeman City Commission at its regular meeting on July 8,2002, at which time the recommendation of the Planning Board and information compiled by City staff was reviewed. ORDER After considering all matters of record presented at the public hearing, the City Commission found that the proposed subdivision and requested modifications to conditions of preliminary plat approval 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 the R&D Holding Subdivision for 360 Ranch Corporation and R&D Holding, be approved, subject to the following conditions: Planning Subdivision Specific Conditions: 1. The Final Plat shall contain a note prohibiting direct access onto Huffine Lane from proposed Lot #5. - 5 - #pc02007 2. As required with the Valley West Planned Unit Development, there shall be a 35-foot watercourse setback from Baxter Ditch, which shall be delineated on the final plat. Baxter Ditch shall be located within a 3D-foot ditch maintenance easement. 3. If, in the course of the proposed development any historical sites, bones, artifacts, etc., are uncovered, the City's Historic Preservation Planner shall be notified immediately. A reconnaissance survey shall be conducted and results submitted to the Planning Department with Final Plat submittal. 4. All future commercial development structures shall be sprinklered. 5. Water rights, or cash-in-lieu thereof, shall be provided and paid for prior to final plat approval. If the final plat of the subdivision is filed in phases, water rights will only be required for each phase as the Final Plat for that phase is filed. The amount of water rights required will be determined by the Director of Public Service based on the proposed Final Plates). Engineering Subdivision Specific Conditions: 6. Lots 1 and 2, Lots 3 and 4, and Lots 4 & 5 shall utilize a shared access centered on the common lot line. These will be the only accesses allowed to Cottonwood Road for these lots. Easements for the shared access shall be dedicated on the face of the Final Plat. 7. A one foot no access strip shall be shown on the Final Plat along the entire Cottonwood Road frontage for Lot 3, except for the shared access between Lots 3 and 4. 8. The required right of way dedication for Cottonwood Road is 60' and shall be shown correctly on the Final Plat. 9. The applicant shall provide and file with the County Clerk and Recorder's office an executed Waiver of Right to Protest Creation of SID for street improvements to the east half of Cottonwood Road, extending from Huffine Lane to West Babcock Street. 10. Sewer and water services or mains, sized appropriately for the lots, and fire hydrants in locations approved by the Fire Department, shall be installed prior to the constructing .. the street. 11. The portion of Baxter ditch within the Right of Way shall be relocated onto the lots with the appropriate easements shown on the Final Plat. 12. Pursuant to Section 18.54.060.B.3.v.C. of the Bozeman Zoning Ordinance and SectionI6.18.050.D.7.d.3. of the Bozeman Area Subdivision Regulations, under no conditions will less than level of service "0" be acceptable. The applicant shall provide plans, acceptable to the Director of Public Service and the Montana Department of Transportation, that will bring the level of service of the Cottonwood Road/Huffine Lane intersection up to a minimum level of service of "0". The level of service with the mitigating measures in place will be certified by the applicants engineer to the city. - 6 - . #1'4)2007 No construction shall begin until such time as the plans for these upgrades are approved and further, no building permits will be approved until the upgrades have been completed. 13. A warrant analysis was completed for the Baxter Creek Subdivision for the intersection of Cottonwood Road and Huffine Lane. MOOT has determined that although warrants are met, the signal may not be justified. The applicant shall update the warrant analysis to include the impacts generated by future development within this subdivision. If MOOT determines a signal is warranted and justified, the signal shall be completed and operational prior to Final Plat approval. As an alternative, the Final Plat may be approved if the signal is financially guaranteed in an amount of 150% of the estimated cost of the entire signalization, but under no circumstance will building permits be issued until the signal is in place. If a signal is not warranted or justified at this time, the applicant shall file with the Clerk and Recorders office an executed Waiver of Right to Protest Creation of an SID for the signalization. The documents filed shall specifY that in the event an SID is not utilized 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. Additionally, if the signal is not warranted, 20% of one and a halftimes the estimated cost of a signal shall be financially guaranteed by the developer until such time as the lawsuit on impact fees is resolved. If the currently scheduled value of impact fees are determined to be enforceable, the financial guarantee shall be released. Planning Code Provisions: 14. The Final Plat shall conform 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 clothback (or equivalent) copies; two (2) signed reproducible copies on a stable base polyester film (or equivalent); two (2) digital copies on a double-sided, high density 3-1/2" floppy disk; and five (5) paper prints. 15. 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 City Commission's consideration. 16. 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 City of Bozeman guaranteeing the completion of all improvements in accordance with the Preliminary Plat submittal information and conditions of approval. If the 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 - 7 - , . remaining improvements. EnlZineering Conditions: 17. Connection to the Valley West 8" sanitary sewer and 12" water main extension in Cottonwood Road to provide service to these proposed lots will be reviewed by the Water/Sewer Department. 18. 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. Stormwater ponds for runoff generated by the subdivision (e.g., general lot runoff, public or private streets, common open space, parks, etc.) 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 maximum site development. Final facility sizing may be reviewed and reduced during design review of the Final Site Plan for each lot. 19. 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 Final Plat approval. No building permits will be issued until completion and acceptance of all infrastructure improvements. 20. The location of existing water and sewer mains shall be properly depicted. Proposed main extensions shall be noted as proposed. 21. The Montana Fish, Wildlife and Parks, Soil Conservation Service (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. 22. Regarding ditch relocation, Montana Fish, Wildlife and Parks shall be contacted by the applicant regarding the proposed relocation and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to Final Plat approval. The applicant shall obtain written permission from the Ditch owner for the proposed relocation. - 8 - . . . ~ #P.02007 23. In addition to current city standards, all outdoor lighting, residential, commercial or otherwise, shall be free of glare, and shall be fully shielded or shall be indirect lighting. No direct lighting shall be emitted beyond a property's lot line. No ranch lights or unshielded lights shall be permitted. No mercury vapor lights shall be permitted. Alley lights shall be fully shielded lights and controlled by motion detectors. Covenants of the development shall reflect these restrictions. For purposes of this paragraph, the following definitions shall apply: a) Fully shielded lights: Outdoor light fixtures shielded or constructed so that no light rays are emitted by the installed fixture at angles above the horizontal plane as certified by a photometric test expert; b) Indirect light: Direct light that has been reflected or has scattered off of other surfaces; c) Glare: Light emitting from a luminaire with an intensity great enough to reduce a viewer's ability to see, and in extreme cases, causing momentary blindness; and d) Outdoor lighting: The nighttime illumination of an outside area or object by any man-made device located outdoors that produces light by any means. 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 ofthe subdivider, extend its approval as provided for in the Bozeman Subdivision Regulations. DATED this 12th day of August, 2002. BOZEMAN CITY COMMISSION :4~~ By:" ~ Stev n R. Kirc off, Mayor ATTEST: ~../~ Robin L. Sullivan Clerk of the Commission - 9 -