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HomeMy WebLinkAbout00- Lewis and Clark Commercial Subdivison . ~~.t:cl~kC@lliii~S111:li1iYi~rittEij@'~ijfF@ttlliddf&j,,#pM)933 BEFORE THE BOZEMAN CITY COMMISSION GALLATIN COUNTY, MONTANA IN THE MATTER OF THE APPLICATION OF GASTON FINDINGS ENGINEERING & SURVEYING FOR PRELIMINARY OF FACT PLAT APPROVAL OF LEWIS & CLARK COMMERCIAL AND ORDER SUBDIVISION, ON BEHALF OF THE STATE OF MONTANA DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION. This matter came before the Bozeman City Commission on December 6, 1999, and was continued until December 13, 1999, 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 Area Master Plan, and Bozeman Zoning Ordinance. The applicant presented to the Commission a proposed Preliminary Subdivision Plat for an eight lot major subdivision as submitted in its original form on September 9, 1999, along with the required supplementary plans and information provided on November 1, 1999, #P-9933. 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 . environmental assessment and 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 November 1, 1999, Gaston Engineering & Surveying submitted an application for approval to create Lewis and Clark Commercial Subdivision, a major subdivision dividing 33.415 acres into eight lots on property owned by State of Montana, Department of Natural Resources and Conservation, located in the SW1J. and the NW1J. of Section 35, 1.1 S, R.5E, PMM, Gallatin County, Montana. The subject property has been preliminarily approved for annexation into the corporate city limits and "M_1" (Light Manufacturing) zoning. All lots in the subdivision are for commercial purposes and other uses as allowed by the applicable zoning regulations. The applicant did not request waivers from the Environmental Assessment and Community Impact Statement requirements nor variances from the regulations. The applicant did, however, request changes to recommended conditions of approval. . ~~.tcllll"kp_cl.tiMs~b(fj~isi6nFilidfu~~fFJatillciQtd&t> . ...........".....",.. ,..."......................... ,.,.,.'.,.,.""" ",., """",,,, '"""""""""",.: ...,:.:>itP...99jj):: 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. The Bozeman Planning Board considered the application at its regular meeting on November 15, 1999. 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, noting especially conditions # 9 and #20 which address improvements necessary to bring traffic movements at intersections selVing the subdivision to at least a Level of SelVice "C". During the review by the City Engineering Department it was detennined that Levels of SelVice'on the intersections of North 19th/Baxter and North 7th/Baxter are not adequate. Therefore, conditions of approval for the subdivision are that a fully operational traffic signal must be installed at North. 19th/Baxter and specific improvements completed at North rh/Baxter prior to the issuance of building permits. The applicants made a presentation in favor of the requested subdivision, and presented six proposed changes to conditions presented in the Staff Report. The applicant asked for changes to: 1) condition #10 to allow a building pennit for one lot at the letting of the construction contract for the installation of the North 19th/Baxter signal; 2) condition #11 to allow stonn water ponds to be located on private lots with easements; 3) condition #17 to include language providing credit for costs of installing improvements at the intersection of North rh Ave. and Baxter Lane; 4) condition #20, paragraph 3, to allow a sidewalk along Baxter Lane to be financially guaranteed rather than installed prior to final plat approval; and 5) to condition #20, paragraph 4, to clarify specific street signage requirements. The applicant also asked the Planning Board to delete condition #19 as it repeats items provided in condition #10. The Planning Board then opened the public hearing. One member of the public offered comment on the history of the subject property, the conceptual development plans for the entire state-owned properties in the vicinity, and the need for the North 19th/Baxter signal. Following call for additional public input and receiving no response the Planning Board closed the public hearing. -2- . .............." ",'".,',...................".,',.."."......................., ",' ',',.................... ,., ........................... . ,..",..",....""..... ."',',"',.,,.....,""",.,""'" ~1l&ClllJ"kC_~dlll$ltW1~l~JilliamllMFi:tllhd6f$.. Ww9933 ........""........ The Planning Board considered the request by the applicant for changes to conditions #10, #11. #17, #19, and #20, and found proposed changes to conditions #11. #17, and #20 to be reasonable, and generally found proposed changes to conditions #10 and #19 did not meet the subdivision review criteria for public health, safety, and welfare. The Planning Board then voted on a motion regarding the subdivision. The motion, to recommend approval ofthe subdivision with conditions as recommended by Staff and changes to #11. #17, #20 as proposed by the applicant, passed on a unanimous vote of 6 in favor and o in opposition. The Planning Board further directed staff to: 1) forward the developer's proposed modifications to conditions #10 and #19 to Engineering staff for consideration and comment prior to the City Commission hearing; 2) ask legal staff to comment on the proposed modifications to conditions #10, #17, and #19; and 3) obtain an update on the timing of the installation of the North 19th/Baxter Lane traffic signal. IV. The application was considered by the Bozeman City Commission at its regular meeting on December 6, 1999. at which time the recommendation of the Planning Board and information requested by the Planning Board and compiled by City staff was reviewed by the Planning & Community Development Department Staff. The Commission considered the applicant's request for changes to: 1) condition #10 to allow a building permit for one lot at the award of the contract for and the initiation of construction of the North 19th/Baxter signal; 2) condition #11 to allow storm water ponds to be located on private lots with easements; 3) condition #17 to include language providing credit for costs of installing improvements at the intersection of North -rh Ave. and Baxter Lane and 4) condition #20, paragraph 3. to allow all sidewalks fronting on individual lots to be installed at the time those lots are developed, and financially guaranteed rather than installed prior to final plat approval. The Bozeman City Commission considered other changes recommended by City staff including the deletion of condition #6 as water rights were paid in full and condition #19 as it reiterated language provided in condition #10. V. The application was considered by the Bozeman City Commission and weighed against the review criteria established by Statute, and found as follows: -3- . U!Wi$&CiWkcl:itiUriMciMsll&mmmitEiMitt~titl"&ttMd6fdci'>#PW9?3i ............ . ",......".............., . ........""."""""", ........... .........." ".",,,,,,,,.... .......... .... ,. , ... A. PRIMARY REVIEW CRITERIA 1. Effects on Agriculture. The development of this subdivision will remove from use land that has been used for grain crops, and more recently for hay. There are no structures on the site. The property as been preliminarily~approved for annexation to the City and has been master planned for industrial uses. The community adopted master plan determined that the most appropriate use for the property, once infrastructure is available, is for business park and industrial uses. 2. Effects on Agricultrual Water User Facilities. There are no surficial bodies of water on the property. The SOO-year flood plain for the East Gallatin River is more than 1/3 mile from the site and located on the north side of 1~90. Water rights were addressed during review of the annexation of the property, and found to have been paid in full. 3. Effects on Local SefVices. Water/Sewer: An existing 12" water main is located in Simmental Way and 24" sewer trunks are located within Simmental Way and Baxter Lane. Water and sewer services can be provided by connection to existing main lines, and general capacity limitations for water and sewer facilities are not anticipated by the Engineering Department staff as a result of the project. The information in the submittal was not detailed enough for a thorough review. Subsequently, the design and approval of water and sewer facilities is addressed in conditions. No building permits will be approved prior to substantial completion and City acceptance of said improvements. Police/Fire: With annexation, police and fire protection are available to the site. The development of the property will increase the likelihood of emergency services being required. The Assistant Chief of Police has expressed concern over the Police Department's ability to serve the increasing City limits with limited resources. Streets: The Institute of Traffic Engineers, Trip Generation Manual, 5th edition estimates 38.88 vehicle trips per day per acre for light manufacturing development, or a total of 1107 vehicle trips per day. Vehicle trips per day at the intersection of Baxter/North 7th are provided in Section D of the Environmental Assessment & Community Impact Report, and show around 20,000 vehicle trips per day annually. Because the uses permitted in the "M~1" distriCt are so broad, the actual vehicle ~rips per day resulting from the full development of the subdivision could be substantially greater and depend largely on the nature of businesses which locate in the subdivision. Chapter 16.18.050.0.7 establishes a minimum Level of Service (LOS) "C" necessary for arterial intersections. The original traffic analysis identified in the Community Impact Report indicates a LOS "F" for the east and northbound movements from Baxter onto North 7th during a peak hour. The supplemental traffic analysis dated 11/01/99 suggests that restricting Baxter Lane east bound traffic to right turns only would maintain a LOS "B" at that intersection. With improvements completed which bring Baxter/North 7th to at least a LOS "C" for all movements and a fully operational traffic signal installed at Baxter/North 19th prior to the issuance of building permits, safety concerns should be addressed. The dedication of additional right~of~way for Simmental Way and Baxter Lane, and waivers for future improvements should provide for the future expansion and development of those streets. Utilities: Appropriate easements will be obtained. Montana Power Company and US West requested no additional specific conditions be imposed upon the project at this time. ~4~ . . . . iiWiiJ&C1atkc&ilil'M&ilifsltwMiJfurtFilidiliiJ6ilMftlUidOtdt1'..., .............. . "',..................., ,,',',',.,.................... . . .................................... ........#P..9933 .. ...."""....",. " ................""", . ............... . .............""", '" , ... .",......."..... 4. Effects on the Natural Environment. Natural Resource Conserv;3tion Service (NRCS) maps suggest the presence of "hydric soil" conditions on portions of the property and potential groundwater levels within 3 to 6 feet of the ground surface. As such, adequate construction measures should be taken on individual lots to address the potential upward or lateral expansion of the soil caused by frost heave. A wetlands delineation, performed by the applicant's engineer, found that none of the property within the proposed subdivision met criteria for a wetlands environment. No critical plant communities were identified. Stormwater and drainage, and appropriate agency approval relating to erosion control and soils, will be addressed through conditions. ,Covenan~s will address maintenance of storm water facilities and noxious weeds. Weeds will be controlled in accordance with an approved Weed Control Plan. 5. Effects on Wildlife and Wildlife Habitat. Due to 'its historically agricultural use, its lack of any surficial bodies of water, the development of adjacent properties, and its proximity to 1-90, no significant adverse effects on wildlife or their habitat have been identified on the property. 6. Effects on Public Health and Safety. Because the development will be serviced by municipal sewer, the threat of groundwater degradation from onsite sewage disposal will be eliminated. Trafficsafety concerns should be ameliorated through mitigating conditions placed on the subdivision. 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. C) COMPLIANCE WITH THE BOZEMAN AREA SUBDIVISION REGULATIONS. With conditions, the final plat will comply with the regulations. D) COMPLIANCE WITH THE REQUIRED SUBDIVISION REVIEW PROCESS. The meeting before the Planni'1g 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, and the notice was published in the Bozeman Daily Chronicle on October 31, 1999. E) PROVISION OF EASEMENTS 'FOR THE LOCATION AND INTALLATION OF ANY PLANNED UTILITIES. All utili~ies and necessary utility easements will be provided. F) PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEL. Legal and physical access to each parcel will be provided, and limited by appropriate no access strips, from existing streets, and from a dedicated City standard street proposed through the subdivision. VI. Following discussion by the City Commission, the City Commission found that the proposed subdivision would comply with the Bozeman Area Master Plan, Bozeman Area Subdivision Regulations, and the Bozeman Zoning Ordinance, if certain conditions were imposed. ORDER IT IS HEREBY ORDERED that the Preliminary Subdivision Plat of Lewis and Clark - 5- . . . lUWi$.t.cl~kc_~iWsu&ijVi$Mll-FMdM$~fF~tllhd~> . ................,"""',' ."".,""................,. ~~9933 . ................. Commercial Subdivision for State of Montana Department of Natural Resources and Conservation be therefore approved, subject to the following conditions: GENERAL: 1. Annexation to the City of Bozeman and adoption 'by ordinance of the City Commission of the preliminarily-approved M-1 zoning must be completed prior to the commencement of the development of th~ property. Annexation must occur prior to extension of any City water or sewer service to the property or connection to such ~ervices already available to the site. 2. The Final Plat shall be adequately and clearly dimensioned, and submitted at a scale no smaller than one hundred (100) feet to the inch. It shall be submitted on one or more sheets of 18" x 24" or 24".x 36" paper with a 1,.112" margin on the binding side. All certifications shall be shown or referenced on one sheet. If more than one sheet must be used to accurately portray the land subdivided and necessary certificates, each sheet must show the number of that sheet, the total number of sheets included, and contain the appropriate title information. Corrections and additions to the Certificates shall be provided on the Final Plat as provided in Section 16.32 for subdivisions within the Bozeman City limits, and sl'lall: a) include a corrected Certificate of Dedication and Certificate of Surveyor; b) refe"rence the correct year during which signed; c) include a Certificate of Completion of Improvements, a Certificate of Director of Public Service, and Release of Sanitary Restrictions; and d) omit the Certificate of County Commissioners. 3. Covenants shall be recorded with the Final Plat which shall specifically include the following provisions: a) That all county declared noxious weeds will be controlled; and b) An Owners Association or other mechanism established to maintain all applicable open space and storm water facilities. Covenants should also address snow removallroad maintenance, restrictions imposed on swales and retention/detention facilities, and buildingllandscaping design guidelines as portions of the proposed subdivision lie within the Entryway Corridor Overlay. 4. 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 provided to the Planning Office. 5. As recommended by the State Historical Preservation Office and provided in Section F. of the Environmental Assessment for Lewis & Clark Commercial Subdivision, a cultural inventory ofthe site must be conducted and submitted to the Montana Historical Society Historic Preservation' Office for review prior to the issuance of any building permits. . . 6. 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 cloth back (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 3-112" floppy disk; and five (5) paper prints.. 8. 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 requesting an extension of the period to the Planning Director for the City.Commission's consideration. 9. All required on-site and off-"site infrastructure improvements including 1) water and sewer main extensions and 2) public streets including curb and gutter, sidewalk and related storm drainage infrastructure, and required transportation and signalization improvements shall be constructed and accepted by the City or financially guaranteed -6- . . . teWi$&(m;tkc_@&oos~b4iVi~iiliiFMdi ~rifF&:tllhd~> .,',............... -,,",',',',',.,.................. #P~9933 ... ....... ... .. """.",. prior to Final Plat approval. No building .permits shall be issued until the traffic signal at the Intersection of Baxter Lane and 19th Avenue Is fully operational. 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 remaining improvements. . STORMWA TER/DRAINAGE: 10. Storm Water Management Plan: A detailed Stormwater Management 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 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 sizing calculations, and a stormwater maintenance plan. Any stormwater ponds located within park or open space shall be designed and constructed so as to be conducive to the normal use and maintenance of the park or open space. Storm water ponds shall not be located on private lots. Detailed review of the final grading and drainage plan and approval by the City Engineer will be required as part of the infr~structure plan and specification review process. 11. All drainage swales and retention/detention pond facilities proposed for storm water runoff of streets located in the required front yard setbacks and the 1-90 Entryway Corridor 50-foot setback, shall be limited to a .maximum depth not to exceed one and one-half feet and a slope of 1 :4. Furthermore, all on-site retention/detention ponds proposed for each individual lot that is proposed to be located in the required yard setbacks shall be limited to one-third of the length of the lot frontage, or one-third of the designed area of the ponds, whichever is less. WATER AND SEWER: 12. The location of and size and distinction between existing and proposed sewer and water mains and all easements shall be clearly and accurately depicted, as well as all nearby fire hydrants and proposed fire hydrants on the improvement drawings. 13. The water main extension for the subdivision shall be fully looped. Water mains shall be extended to the subdivision property line(s) to adequately accommodate future extensions and/or looping. Any required State or County occupancy permits required for water or sewer main extensions shall be obtained and provided to the City Engineer. 14. Plans, Specifications and a comprehensive utilities design report for water and sewer main extensions, prepared and signed by a Professional Engineer (PE) registered in the State of Montana shall be provided to and approved by the City Engineer. Water and sewer plans shall also be approved by 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 preconstruction conference has been condJ,lcted. No building permits shall be Issued prior to substantial cO!T'pletion and City acceptance of the required water - 7- A - . j%Wi$.i.cl~kC_~itt1sGt:l(!Hti$i&lFffi4;$6fF~fltJtij~<<#P~9933 and sewer infrastructure improvements. 15. Any 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 easement. In no case shall the utility be located less than 10 feet from the edge of the easement. Al'l necessary easements shall be provided prior to Final plat approval and shall be shown on the plat. STREETS, CURB & GUTTER AND SIDEWALKS: 16. Unless already filed with the property, the applicant shall provide and file with the. County'Clerk and Recorder's office an executed Waiver of Right to Protest Creation of s.1.0.'s for the following: . a. Street improvements to Baxter Lane a'nd Simmental Way, including paving, curb and gutter, sidewalk and storm drainage facilities. The document filed shall specify that in the~vent an S.I.D. 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. 17. A 1-foot "no access" strip shall be p~ovided along Baxter Lane for Lot 3, Block 1 to prohibit direct access from" that lot to Baxter Lane. Lot 5, Block 2 will be alfowed only one approach. No access shall be allowed from Lot 5, Block 2 onto Baxter Lane within 200 feet of Boot Hill Court. Further, a 1-foot "no access" strip shall be provided along simmental Way for Lots 1, 2, and 3 of Block 1. The applicant shall obtain and provide the City a copy of any necessary permits from the County Road Office-for aiL accesses onto County roads prior to initiation of construction of accesses. 18. Boot Hill Court shall be constructed to a full City standard, i. e., 37 feet from back of curb to back of curb with standard boulevaro and sidewalk on both sides. Plans and specifications for the public street including curb, gutter and sidewalk and related storm drainage infrastructure improvements, prepared by a Professional Engineer (P.E.) registered in the state of Montana shall be provided to and approved by City Engineer. Pursuaot to Section 16.14.040 of the subqivision code sidewalks along ~oot Hill Court shall be installed at the time ot.the, installation of the street improvements~: Construction of City standard sidewalk one foot from the property line adjacent to Baxter Road shall be required prior to final plat approval; however, no building permits shall be issued prior to substantial completion and City .acceptance of the required street, curb and gutter, and storm drain~ge infrastructure. The developer will be allowed to financially guarantee sidewalks I;Ilong Boot Hill Court and Baxter Lane, provided that all sidewalks fronting on individual lots are installed aUhe time those lots are developed. Stop signs and street name signs will be required at the intersections of Boot Hill Court with Simmental Way and Baxter Lane. 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 street until the plans and specifications have been approved by theCity Engineer and a pre-construction confer~nce has been conducted. 19. The applicant shall dedicate to the City one-half of a 60 foot right-of-way (30 feet) located on the subject property for Simmental Way. The applicant shall also dedicate one-half of a 100 foot right-of-way (50 feet) for Baxter Lane adjacent to this development. 20. The improvements to the inte'rsection of Baxter Lane and North 7th Avenue which the Montana Department of Transportation recommended be installed (see Sandra - 8- , . , ~ . I~Wi$.&.Cjlltk.(;~iills~i:l(JiVJiioo.Effi$;$.~t'f'~tiIM~\......................................................././........<..............................UUUU.............................#Ii~99j3......1 Straehl's letter to Therese Berger dated October 15, 1999) shall be in place or financially guaranteed prior to final plat approval. If the plat is filed with a financial guarantee for the improvements, the improvements must be fully installed and accepted prior to Issuance of any building permits in the subdivision. MISCELLANEOUS: 21. If construction activities related to the project result in the disturbance of more that 5 acres of natural ground, an erosion/sediment control plan may be required. The Montana Department of Environmental Quality may need to be contacted by the Applicant to determine if a Stonnwater Discharge Permit is necessary. If a permit is required by the State, the Developer shall demonstrate to the City full permit compliance. 22. Any permits required by other age!lcies having jurisdiction (Le. 310, 404, Turbidity exemption, etc.) shall be obtained by the applicant and copies provided to the Planning Office prior to approval of the related plans and specific 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 this document by the City Commission, by following the procedures of Section 76-3-625, M.C.A. DATED this 17th day of April, 2000. BOZEMAN CITY COMMISSION By: .~ (Jh~ Marcia B. Youngman, Mayor ATTEST: . e~.I~ Robin L. Sullivan Clerk of the Commission APPROVED AS TO FORM: - 9 -"