HomeMy WebLinkAbout00- Bon Ton Inc. at Allison Subdivision, Phase 2
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BEFORE THE BOZEMAN CITY COMMISSION
IN THE MATTER OF THE APPLICATION OF FINDINGS OF FACT
BON TON INC., FOR PRELIMINARY PLAT REVIEW AND ORDER
OF ALLISON SUBDIVISION, PHASE II, CITY OF
BOZEMAN, GALLATIN COUNTY, MONTANA
PURSUANT to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-
614, Montana Codes Annotated, and the Bozeman Area Subdivision Regulations, a public meeting
and public hearing were scheduled, after notice given, before the City of Bozeman Planning Board
on October 19, 1999, and before the Bozeman City Commission on November 1, 1999, on the above-
entitled application. The purpose of the public meeting and public hearing was to review the
preliminary subdivision plat application of Allison Subdivision, Phase II, as submitted by the
applicant, together with the required supplementary plans and information, to determine if the
information submitted meets the requirements of the Bozeman Area Subdivision Regulations and the
Montana Subdivision and Platting Act.
It appeared to the City Commission that all parties and the public wishing to appear and
comment before the City of Bozeman Planning Board were given the opportunity to do so, and as
the City Commission was fully advised of all matters having come before it regarding this application,
makes the following Findings of Fact, as required:
FINDINGS OF FACT
I.
The complete application for the preliminary subdivision plat review of Allison
Subdivision, Phase II, was submitted to the City of Bozeman Department of Planning and
Community Development on September 2, 1999. The preliminary subdivision plat, as proposed,
will subdivide 61.492 acres ofland to create twenty-four (24) single family residential lots. The
residential lots will be served by City of Bozeman water and sanitary sewer services, and will be
accessed by the extension of Graf Street. Approximately 2.7 acres of dedicated park land is
proposed with this preliminary plat application.
II.
Notice of the public meeting before the City of Bozeman Planning Board and public hearing
before the Bozeman City Commission was published in the Bozeman Daily Chronicle on October 3,
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1999, and the notice was mailed by Certified mail, return receipt requested, to all adjoining property
owners.
III
The matter of preliminary subdivision plat review was heard before the City of Bozeman
Planning Board on October 19, 1999, The Planning Staff reviewed the project at that time and
discussed the status of high ground water in the area, annexation of the adjoining abandoned railroad
bed, park land and trails system, and request for a partial waiver on the environmental assessment.
The Planning Staff further commented that as of the public meeting before the Planning Board on this
matter that no public testimony had been received by the staff
David Jarrett, applicant representing the property owner, Bon Ton Inc. of Billings, discussed
the developers proposal, as well as background on the annexation and previous phase of the
subdivision. Mr. Jarrett stated that they have reviewed the staff report and recommended conditions
of Preliminary Plat approval, and are in agreement with the recommended conditions with exception
to condition ten (10) regarding the presence of high ground water in the area. Based on new
supplemental information presented to the Planning Staff, Mr. Jarrett believes that condition ten (10)
requiring a notation on the plat regarding the presence of high ground water is no longer necessary.
Mr. Jarrett further commented that the proposed dedication of park land exceeds what is required for
this major subdivision with the intent to offset park land requirements for future phases, as well as
address dedication of the wetlands with Phase One as requested by the Recreation and Parks
Advisory Board.
IV.
The public meeting portion on this matter was opened, and after three calls for public
testimony, and hearing none, the public meeting portion on the Preliminary Plat application was
closed.
V.
After finding that the Preliminary Plat was properly submitted and reviewed under the
procedures of Section 16.08 of the Bozeman Area Subdivision Regulations and was in accordance
with the Bozeman City Zoning Regulations and Bozeman Area Master Plan, the Planning Board
reviewed and considered the review criteria established in Title 73-3-608, M.C.A, 1995.
The Planning Board considered the recommended conditions prepared by the Planning Staff
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and Development Review Committee, and discussed the irregular shape of Lot #5, Block #1, traffic
generation, and the status of high groundwater in the area.
VI.
The Planning Board found that with the attached conditions, the subdivision would comply
with the primary review criteria, and therefore voted 4-0 to forward a recommendation of conditional
approval to the Bozeman City Commission in Planning Resolution No. P-9932.
VII.
The matter was considered at a public hearing before the City Commission on Monday,
November 1, 1999, The Planning Staff reviewed the project at that time and forwarded the Planning
Board's recommendation to the City Commission.
Mr. Dave Jarrett, applicants' representative, discussed the subdivider's willingness to provide
a 75-foot wide right-of-way for GrafStreet, annexation of the adjoining old railroad right-of-way,
and the park land dedication recommendations of the Recreation and Parks Advisory Board. Mr.
Jarrett further commented on the design and future extension of interior streets and requested that
the City Commission consider an east-west street connector approximately mid-point between South
Third Avenue and South 11th Avenue, rather than with this phase of the subdivision.
VIII.
The City Commission discussed with the Planning Staff revisions to staff's recommended
condition concerning the requirement for a north/south connector street to the adjoining south
property with this subdivision, if the Commission chooses to accept that option.
IX.
The public meeting portion on this matter was opened, and after three calls for public
testimony, and hearing none, the public meeting portion on the Preliminary Plat application was
closed.
X.
The City Commission considered the recommended conditions forwarded by the Planing
Board, and discussed the irregular shape of Lot #5, Block #1, traffic generation, and the status of
high groundwater in the area, The City Commission considered the minutes, public record and
recommendation of the Planning Board, the developer's testimony, and weighed the proposed
subdivision against the primary criteria for subdivisions established in Title 76-3-608, and found as
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follows:
76-3~608(3)(a):
1) EFFECTS ON AGRICULTURE:
Historically, the subject property has been used for agricultural purposes with the majority
of the 120+ acre parcel used for cultivating crops or pasture. Soil conditions confirm the site
as being good producing soils for agricultural activity and a viable farm unit. As a result,
61.4+ acres of good producing agricultural land will be eliminated from agricultural activity
with Phase II. This is partially the result of the land owner recognizing the logical urban
growth of the community in the southwest quadrant of the community and the wish to market
the property for residential development. The applicants' wish to develop the subject
property is evident by the growing urban development in the area and recent construction of
both the Morning Star and Sacajawea schools.
2) EFFECTS ON LOCAL SERVICES:
The subject property was annexed in the mid-80's to the corporate limits of the City of
Bozeman such that the property could ultimately develop at urban densities and access
municipal infrastructure for sanitary sewer and domestic water, as well as emergency services.
Police and Fire protection will be available to this site. Access to municipal infrastructure is
available as noted previously in the staff report. However, the cost of extending infrastructure
to the property will be the sole responsibility of the developer, unless over sizing of water
and/or sanitary sewer main capacities is requested by the City. In such cases, the City of
Bozeman will participate in the over sizing of infrastructure.
A 24-inch water main in Graf Street will be extended to Phase II, as well as construction of
a 12-inch sanitary sewer trunk line in Graf Street. Prior to installation of municipal
infrastructure plans and specifications for the main extensions must be provided for review
and approval by the City Engineer's Office and Montana Department of Environmental
Quality. No building permits shall be issued prior to substantial completion and City
acceptance of the required infrastructure improvements.
Based on eight (8) average daily trips (A.D.T.) per day per dwelling unit, the estimated traffic
generated by phase two of this development will generate 192 vehicle trips per day. With full
build out of the entire subdivision (assuming 120 acres, minus 9.7 acres for Morning Star
school and 8.7 acres of park land, x 3.5 dwelling units per acre x 8 A. D. T. per dwelling unit)
approximately 2,845 vehicle trips per day will be generated. The existing roads and
intersections in the area of this subdivision are not currently capable of carrying the additional
traffic generated by build out of the entire Allison Subdivision. However, with the 2000
Transportation Plan Update, and future extensions of South 11 th A venue, Arnold Street and
GrafStreet, the area's transportation network system should mitigate the anticipated traffic
impacts generated from development of Allison Subdivision.
The City Engineer's Office has determined that the current Level of Service "B" at the
intersections of Graf Street will not be affected by development of Phase II, but will still
require geometric improvements at Graf Street and South 3rd Avenue. However, in order
to allow for the safe movement of traffic in this area with future phases of the subdivision it
will be necessary for the applicant to more accurately define the proposed urban residential
density and probable impacts on the transportation system and municipal infrastructure prior
to the development offuture phases.
3) EFFECTS ON NATURAL ENVIRONMENT
No significant physical or topographical features, including water courses, wetlands or
floodplain boundaries exist on Phase II of Allison Subdivision. However, an intermittent
stream referred to as the Middle Creek Ditch is located further west of phase two. The
watercourse has been "tagged" by the Recreation and Parks Advisory Board as a linear open
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space corridor through the development of Allison Subdivision. Detention/retention ponds
to receive storm water runoff from the local streets have been designed to be located in the
stream corridor and will be established as part of storm water runoff maintenance plan. No
provisions have been included in the applicant's submittal to address the control of noxious
weeds, agricultural fencing or maintenance of park land/open space.
4) EFFECTS ON WILDLIFE AND WILDLIFE HABITAT
Because the area in question was historically used for cultivating agricultural crops prior to
this development proposal, and no substantial amounts of mature vegetation, bushes or trees
exist on the property in question, no evidence of wildlife or wildlife habitant have been
identified. Therefore, no effects on wildlife and their habitat should occur as a result of the
proposed subdivision.
5) EFFECTS ON PUBLIC HEALTH AND SAFETY
The Bozeman Development Review Committee (D.R. C.) reviewed the application for
Preliminary Plat review of Allison Subdivision, Phase II, to create 24 single family residential
lots, and as result have determined that said impacts to the area's public health and safety
identified with this subdivision proposal and outlined in the staff report, have the ability to be
mitigated based on the recommended conditions of approval prepared by the D. R. C.
6) EFFECT ON AGRICULTURAL WATER USERS FACILITIES
The Boylan Ditch and tributaries traverse the property of Allison Subdivision along the
approximate centerline of South 11th Street (extended) in a north/south direction. The ditch
transfers water from the Middle Creek Ditch to lands to the north, Richard Boylan and
Montana State University, known water right holders of record. The master plan for Allison
Subdivision calls for the relocation of the stream/ditch with future phases of the development.
However, no impacts to downstream users are anticipated with the future relocation. The
relocation will not be effected by Phase II. None the less, the applicant will still need to
provide a written narrative stating that the development of Phase II will not interfere with any
agricultural water user facility and that no irrigation ditches from downstream water rights
currently exist on said property containing Phase II.
76-3-608.3. b.M.C.A.
(i) ~ Compliance with survey requirements provided in Part 4 of the Montana
Subdivision and Platting Act.
The proposed major subdivision appears to have complied with the survey
requirements in Part 4 of the Montana Subdivision and Platting Act and will be filed
in the Gallatin County Clerk & Recorder's Office with Final Plat review and approval.
(ii) - Compliance with the local subdivision regulations provided for in Part 5 of the
Montana Subdivision and Platting Act.
The proposed major subdivision is in general eompliance with the Bozeman Area
Subdivision Regulations based on the recommended conditions provided by the
Bozeman Development Review Committee and other applicable review agencies.
(iii) - Compliance with the local subdivision review procedures.
The application generally complies with the subdivision review procedures for a major
subdivision established in the Bozeman Area Subdivision Regulations. Based on the
recommendation of the D.R.C. and other applicable review agencies, as well as any
public testimony received. The Bozeman Planning Board shall forward al
recommendation in a Resolution to the Bozeman City Commission who will make the
final decision on the proposed major subdivision.
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76-3-608.3.c. M.C.A.
(c) - Provision for easements for the location and installation of any planned utilities.
All new facilities (i.e., electricity, gas, telephone, cable) will be installed underground.
Appropriate easements shall be indicated on the Final Plat and the appropriate
certificate on the plat granting the use of the easements to the necessary entities. The
Development Review Committee recommended a condition of Preliminary Plat
approval that required the applicant to clearly identify the thirty (30) foot wide utility
easement on the Final Plat for sewer and water mains that are located outside of
dedicated public right-of-ways.
76-3-608.3.d. M.C.A.
(d) - Provisions of legal and physical access to each parcel.
Legal and physical access to this application for Preliminary Plat review will occur
from the collector road, Graf Street. Direct access to each individual lot will occur
from interior local subdivision streets built to City standards and located within 60-
foot wide dedicated rights-of-way. No direct access to Graf Street or South Third
Street will be permitted and shall be noted accordingly on the Final Plat for this
subdivision.
ORDER
IT IS HEREBY ORDERED that the Preliminary Subdivision Plat to create twenty-four (24)
single family residential lots known as Allison Subdivision, Phase II, has been found to meet the
primary criteria of the Montana Subdivision and Platting Act, and is therefore approved, subject to
the conditions listed below. The evidence that justifies the conditions is to ensure that the Final Plat
complies with all regulations, that all review criteria are positively addressed, adequate infrastructure
and public services are provided, and adequate transportation facilities are available.
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.
1. 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.
Stormwater easements shall be provided for the pond and area to convey the flow from the
subdivision to the pond. The pond shall be located in an area that will be common space or
park in future phases of the subdivision. Under no circumstance shall stormwater ponds be
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located on a private lot. Stormwater easements may be used to conduct storm drainage
across private lots only if a pipe is installed to convey the flow. Open channel flow across
private lots will not be allowed.
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. Ponds can only be
located within a park if the area for the pond is above and beyond what is required as
dedicated park land.
2. Plans and specifications 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 ofEnvirorunental 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.
3. All infrastructure improvements including but not limited to 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 shall be issued prior to substantial completion and City acceptance
of the required on site and ofT site infrastructure improvements.
4. All sidewalks that front common open space, park land, and all ADA facilities must be
installed prior to the issuance of any building permits. All sidewalks that front private lots,
may be financially guaranteed pursuant to section 16.22,040 of the Bozeman Area
Subdivision Regulations. Regardless of the financial guarantee sidewalks must be installed
on each lot prior to occupancy of any structure on that lot.
5. The location of existing water and sewer mains shall be properly depicted. Proposed main
extensions shall be noted as proposed.
6. Flood plain:
a) A Flood Plain Development Permit must be obtained from the City Engineer for any
construction within the 100 year flood plain.
b) The 100 year flood plain boundary and flood elevations must be depicted on the on
the final plat.
7. Easements for the water and sewer main extensions or storm sewer improvements shall be
a minimum of30 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 The center 15 feet of
the easement between lots 4 and 5 of Block 1 shall have a "No building" restriction
placed on it in a manner that is acceptable to the City Attorneys office. A 12' wide all
weather access road centered in this easement shall be constructed for access to the
existing manhole at the school property line.
8. Unless the City of Bozeman finds the annexation is not desirable, the property between this
subdivision and the Figgins Subdivision shall be annexed and included in this subdivision's
final plat. If it is desirable, the annexation shall be complete prior to final plat approval. The
west 50 feet of Lot 1 Block 7 of Figgins Addition 4th Phase may be excluded from this
subdivision. The 50 feet west of the 1/1 6th line between GrafStreet and the south boundary
of this subdivision shall be dedicated to the public as Right of Way for South 3rd Avenue on
the final plat.
9. There shall be a 1 foot wide "No Access" strip along South 3rd Avenue noted on the final
plat.
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10. The "60' MUTUAL RIGHT-OF-WAY WITH A. P. HARRIS FILM 32, PAGE 1304" shown
on the preliminary plat must be vacated.
II. That the Final Plat shall comply with Section 16.10.030 of the Bozeman Area
Subdivision Regulations, and shall include all appropriate documents, certificates, and be
accompanied by all appropriate documents, including a Platting Certificate. Two mylar and
two clothback copies of the Final Plat must be submitted for Final Plat approval, along with
a digital copy of the Final Plat, on a double sided, high density 3 1/2" floppy disk;
12. That the applicant obtain Montana Department of Environmental Quality approval of the
subdivision prior to Final Plat approval pursuant to Section 16.16.101 through 16.16.805
A.R.M. ;
13. That the applicant obtain written approval from the Bozeman Recreation and Parks Advisory
Board regarding the design, location, and dedication of park land for said Allison Subdivision,
that includes an implementation plan for park land within master plan for development of
Allison Subdivision, prior to Final Plat approval.
14. That the applicant dedicate to the general public, at a minimum, the required calculated 0.72
acres of park land for Allison Subdivision, Phase II, with the final plat approval. All park land
dedicated with the final plat for Phase II shall be executed properly with Phase II of Allison
Subdivision, as determined by the Gallatin County Clerk and Recorder's Office.
15. That portions of the unannexed property to be annexed shall be added to the adjoining
residential lots proposed within the major subdivision and shall be noted accordingly on the
plat for review and approval prior to Final Plat approval.
16. That the applicant provide with the application for Final Plat review and approval a copy of
a signed Memorandum of Understanding with the Gallatin County Weed Control District.
17. That the applicant execute and file with the final plat a waiver of right-to-protest creation of
a city-wide park maintenance district for review and approval by the City of Bozeman for
maintenance and upkeep of dedicated park land and trail system prior to Final Plat approval.
18. The final plat shall provide public utility easements along side and rear lots lines as required
by the subdivision regulations. However, in the event front yard easements are used, rear
yard easements must still be provided on the plat unless written confirmation is submitted to
the Planning Office from all utility companies indicating that front yard easements are
adequate. The easement note required in Section 16.14.050 of the subdivision regulations
shall be provided on the final plat.
19. Prior to the applicant submitting a preliminary plat application for the next phase of Allison
Subdivision, the applicant shall provide the Planning Office with a conceptual master plan of
the subdivision outlining the entire phasing of the subdivision, a network of local interior
subdivision streets for each phase, and the lot configuration of the individual lots for each
phase of the subdivision. Said conceptual master plan shall include a local street connection
from GrafStreet to the south property line of the Allison Subdivision approximately midway
between South 3rd Avenue and South 11th Avenue.
20. That the right-of-way for Graf Street, extended through said subdivision to the west end of
this phase, be seventy-five (75) feet wide and noted accordingly on the plat, prior to Final Plat
approval.
21. The subdivider shall ensure that all construction material and other debris is removed from
the subdivision prior to final plat approval, or prior to release of said financial guarantee, if
an Improvements Agreement is necessary with the final plat.
22. That the developer shall enter in an Improvements Agreement with the City of Bozeman
guaranteeing the completion of all improvements in accordance with the Preliminary Plat
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submittal information and conditions of approval. If the Final Plat is filed prior to installation
of all improvements, the developer shall supply the City of Bozeman with an acceptable
method of security equal to one hundred fifty (150) percent of the cost of the remaining
improvements.
23. That the developer shall have three (3) years from the date of Preliminary Plat approval to
complete the conditions of preliminary plat approval and apply for Final Plat approval for
Phase II.
24. That the applicant submit with the application for Final Plat review and approval of Allison
Subdivision, Phase II, a written narrative stating how each of the conditions of Preliminary
Plat approval has been satisfactorily addressed.
The preliminary approval of this subdivision shall be effective for three (3) years from the date
of Preliminary Plat approval, November 1, 2002. At the end of this period the City Commission may,
at the request of the subdivider, extend its approval for not more than one (1) calendar year.
However, preliminary approval may be extended for more than one (1) calendar year if the developer
enters into, and secures, an Improvements Agreement for the Subdivision.
DATED this 17th day of Apri 1 ,2000.
BOZEMAN CITY COMMISSION
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Marcia B. Youngman, Mayor
ATTEST: APPROVED AS TO FORM:
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Robin Sullivan, Clerk of the Commission
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