HomeMy WebLinkAbout01- Campbell/Lusin, LLC for Northern Rockies Major Subdivison
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BEFORE THE BOZEMAN CITY COMMISSION
GALLA TIN COUNTY, MONTANA
IN THE MATTER OF THE APPLICATION OF FINDINGS
CAMPBELLILUSIN, LLC, REPRESENTED BY OF FACT
C&H ENGINEERING AND SURVEYING, INC. AND ORDER
FOR PRELIMINARY PLAT APPROVAL OF
NORTHERN ROCKIES MAJOR SUBDIVISION PUD.
This matter came before the Bozeman City Commission on March 19, 2001, 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 a seven lot major subdivision as submitted in its original form on
December 19, 2000, P-0047. The Commission held a public hearing on the preliminary plat and
considered all relevaQ.t 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:
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FINDINGS OF FACT
I.
On March 19, 2001, Campbell/Lusin, LLC, represented by C&H Engineering and
Surveying, Inc., submitted an application for approval to create Northern Rockies Subdivision, a
Planned Unit Development, a major subdivision dividing 7.7 acres into seven (7) commercial lots.
The property is located in the SE~ of the SW~ of Section 8, T.2S, R.6E, PMM, City of
Bozeman, Gallatin County, Montana. The subject property is zoned R-O (Residential Office
District).
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The comments of the Development Review Committee, along with those of Planning &
Community Development Staff, were incorporated into a Staff Report with suggested conditions of
approval, which was provided to the Bozeman Planning Board.
III.
Notice of the time and date of the public meeting and public hearing was posted at the site
and also published in the Bozeman Daily Chronicle on March 4, 2001. Said notice also served to
inform interested persons that materials were available for review at the Bozeman Planning &
Community Development Department.
The Bozeman Planning Board considered the application at its regular meeting on February
21, 2001. 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
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Ordinance. Staff reviewed the staff report and the evidence which justified the imposition of
conditions.
The applicant made a formal presentation in favor ofthe requested subdivision and agreed to
all conditions presented in the Staff Report.
The Planning Board then opened the public hearing. There were no comments from the
general public in favor of or in opposition to the proposed subdivision. Receiving no response, the
Planning Board closed the public hearing.
The Planning Board then voted on a motion regarding the subdivision. The motion, to
recommend approval ofthe subdivision with conditions as recommended by Staff, passed on a vote
of 7 in favor and 1 in opposition.
IV.
The application was considered by the Bozeman City Commission at its regular meeting on
March 19, 2001, at which time the recommendation ofthe Planning Board and information compiled
by City staffwas reviewed.
V.
The application was considered by the Bozeman City Commission and weighed against the
review criteria established by Statute, and found as follows:
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A. PRIMARY REVIEW CRITERIA
1. Effects on Agriculture.
The Master Plan has classified this property as Business Park/Industrial and the development
is consistent with the City's land use plan. The property is currently vacant with hay fields
to the south and west. Stormwater runoff should not effect adjacent agriculture due to the
buffering of detention ponds and perimeter landscaping.
2. Effects on Agricultural Water User Facilities.
There are no agricultural water uses on site or downhill from the property. Recommended
conditions by Engineering Staff will further ensure the treatment plan for stormwater runoff.
3. Effects on Local Services.
Water/Sewer: Water and sewer services can be provided by extensions of and connections
to existing main lines in Haggerty Lane and Highland Boulevard. Capacity limitations for
sewer facilities has been addressed in condition #23. The design and approval of water and
sewer facilities is addressed in recommended conditions #24 through #27. No building permits
will be approved prior to completion and City acceptance of said improvements. As stated
in the recommended conditions, the Water Facilities Master Plan calls for 10" water line
extensions along Ellis Street. The applicant has noted 8" extensions. According to the
Director of Public Services, the City would be unable to participate in a cost share for the
upgrade but the applicant may wish to pursue the creation of a payback district.
PolicelFire: Given the rate of development the Assistant Chief of Police has expressed some
concern in regards to response time. This he believes can be alleviated somewhat by
providing adequate street lighting and the possibility of creating citizen involvement group
as well as installing a burglar alarm system. In addition, the Fire Marshal requested that fire
sprinklers be installed only if drive accesses were less than a 20 foot width.
Streets: The property will gain access from the private street to Ellis Street at three locations.
The property can then access either Highland Boulevard or Haggerty Lane. The applicant
has requested a relaxation of the City's requirement for paved secondary access. Therefore,
the property owner will not be required to pave Ellis Street past the property line. The
applicant has submitted a traffic analysis with the preliminary plat on December 2000. The
traffic study indicated a need for a left turn lane on Highland Boulevard and Ellis Street. The
subdivider will also be required to dedicate 30 feet of right-of-way for Ellis Street and install
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stop signs at the drive approaches onto Ellis Street. All other future improvements to
Highland Boulevard and Ellis Street have been identified under required SID waivers.
Utilities: Appropriate easements will be obtained and noted on the final plat as required under
Section 16.14.050 of the City of Bozeman Subdivision Regulations.
4. Effects on the Natural Environment.
The Gallatin County Weed Control Board approved the Subdivision Noxious Weed
Management Plan with the condition that the subdivider initiate weed control on the portion
of the property not under disturbance during Spring 2001. In addition, 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 Department,
as stated in the listed conditions. Furthermore, the City's standard requirement is such that
the subdivider shall obtain any permits required by the Montana Department ofFish, Wildlife
and Parks, Soil Conservation Service, MDEQ, and Army Corps of Engineer's.
5. Effects on Wildlife and Wildlife Habitat.
According to Fish, Wildlife and Parks, a spring tributary of Rocky Creek lies to the west of
the site. In order to avoid potential impacts to the stream, the FWP recommends
"maintenance of a natural vegetative buffer" between the development and any potential
npanan areas.
6. Effects on Public Health and Safety.
Since the development will be serviced by municipal sewer, the threat of groundwater
degradation from onsite sewage disposal should be eliminated. Vicinity traffic safety concerns
should be mitigated upon completion of a left turn lane on Highland Boulevard onto Ellis
Street. The public safety shall be served as per conditions, no building permits will be issued
until infrastructure (water, sewer, streets, sidewalk) improvements have been completed and
accepted.
B) COMPLIANCE WITH SURVEY REOUIREMENTS PROVIDED FOR IN PART 4 OF
THE MONT ANA SUBDIVISION AND PLATTING ACT. The subdivision complies or will
comply with survey requirements of the Act.
C) COMPLIANCE WITH THE BOZEMAN SUBDIVISION REGULATIONS.
With conditions, the final plat will comply with the regulations.
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D) COMPLIANCE WITH THE REOUIRED SUBDIVISION REVIEW PROCESS.
The meeting before the Planning Board and hearing before the City Commission have been
properly noticed, as required in the Subdivision Regulations. The notice was mailed to all
adjoining property owners by certified mail on January 26,200], and the notice was published
in the Bozeman Daily Chronicle on March 4, 2001 for March 19, 2001 City Commission
hearing.
E) PROVISION OF EASEMENTS FOR THE LOCA nON AND INST ALLA nON OF ANY
PLANNED UTILITIES. All utilities and necessary utility easements will be provided and
depicted on the plat. In addition, the applicant will be required to note all utility easements
on the final plat.
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 dedicated City standard streets proposed through
the subdivision.
ORDER
After considering all matters of record presented at the public hearing, the City Commission
found that the proposed subdivision would comply with the Bozeman Area Master Plan and the
requirements of the Bozeman Area Subdivision Regulations, the Montana Subdivision and Platting
Act, and the Bozeman Zoning Ordinance, if certain conditions were imposed. The evidence, as stated
or referenced in the Findings of Fact, justifies the imposition of the conditions ordered herein to
ensure that the final plat complies with all applicable regulations and all required criteria.
THEREFORE, IT IS HEREB Y ORDERED that the Preliminary Subdivision Plat ofN orthern
Rockies Subdivision for Campbell/Lusin, LLC, be approved, subject to the following conditions:
1. Corrections and/or explanations shall be provided for the following sections oftext within the
Architectural Guidelines: a) the architectural guidelines refer to lot coverage not exceeding
60% and the site plan clearly depicts the building envelope of each site exceeding 60%, page
17; b) the architectural guidelines shall note that all signs are subject to the Bozeman Zoning
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Ordinance, page 17; c) total signage permitted per building and the maximum size of each
sign shall be in compliance with Section 18.65 of the City of Bozeman Zoning Ordinance,
page 18; and d) the only uses identified under the Pun have been general offices, medical
offices and daycare facilities, any other uses shall be identified prior to final plat (page 25
addresses overnight parking for residential uses).
2. Street lights shall be provided along Ellis Street and shall comply with the City of Bozeman
Zoning Ordinance.
3. The City of Bozeman shall be third party to any changes or modifications made to the
restrictive covenants and Architectural Guidelines as they relate to any zoning and/or planning
bylaws.
4. The applicant shall be required to provide and file with the County Clerk and Recorder's
office executed Waivers of Right to Protest Creation of Special Improvement Districts (Sills)
for the following:
a. Signalization improvements to the intersection of Ellis Street and Highland Boulevard.
b. Highland Boulevard improvements.
c. A city-wide Parks Maintenance District.
The document 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
5. The following specific items should be taken into account in development of a stormwater
master plan:
a. A significant grade differential should be avoided between the proposed structures,
stormwater retention/detention ponds, and sidewalk adjacent to Ellis Street.
b. Ifretention facilities are not a viable option, detention facilities should be considered
as an alternative.
c. Ellis Street gutter capacities and ultimate stormwater drainage destinations should be
included in development of the master plan.
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d. Stormwater drainage facility locations should be coordinated with landscape planning
so that trees and shrubs which do not proliferate in standing water are located outside
of designated retention ponds.
6. To avoid future street cuts, a 12-in diameter (min) RCP stub shall be provided across Ellis
Street (approx. station 3+00) from the proposed catch basin inlet for connection to a future
catch basin inlet.
7. Based on the City of Bozeman Water Facilities Master Plan, proposed water line extensions
along Ellis Street shalt be a minimum diameter of 10-in. Proposed water line extensions
within the development shall be a minimum diameter of 8-in.
8. The developer will be required to dedicate to the City of Bozeman one-half of a 60-foot right-
of-way (30-feet) for Ellis Street. At a minimum, Ellis Street shall be designed to a full local
street standard and constructed to a 32-feet width with curb, gutter, and sidewalk on the
south side extending from the intersection with Highland Boulevard to the east property line
of the proposed development.
9. The developer's engineer shall submit plans and specifications to the City Engineering Office
outlining the improvements necessary on Highland Boulevard to accommodate southbound
left-hand turning movements from Highland Boulevard onto Ellis Street. The design shall
account for existing improvements and right-of-way, and meet the minimum American
Association of State Highway and Transportation Officials (AASHTO) geometric design
requirements. The Plans and Specifications will be subject to review and approval by the City
Engineering Office, and they must be approved prior to construction of the improvements.
The required improvements shall be completed or financially guaranteed prior to final plat
approval. No building permits will be issued prior to City of Bozeman acceptance of said
infrastructure improvements.
10. Stop signs shall be provided at the intersections of the private drives with Ellis Street.
11. As recommended by the State Historical Preservation Office (SHPO), a professional cultural
resource inventory of the site shall be conducted by a qualified archeologist. The results of
said survey must be provided to the Planning Department prior to the submittal of any
infrastructure plans and specifications.
12. The final plat and the bylaws shall contain a note stating that the streets within the subdivision
are private and the lot owners are responsible for all maintenance, upkeep and repair.
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13. 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 Department.
14. The covenants shall be recorded with the final plat which specifically includes the provisions
from Section 16.34.030, as well as provisions for property owner's association maintenance,
upkeep and repair of all applicable open space, landscaping within the required yard setbacks,
interior street lighting, parks areas, park area landscaping, pedestrian facilities, snow removal
and storm water facilities.
15. 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 reproducible copies on a
stable base polyester film (or equivalent); two (2) digital copies on a double-sided, high
density 31h-inch floppy disk; and five (5) paper prints.
16. 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. At the
end of this period the governing body may, at the written request of the subdivider, extend
its approval for no more than one (1) calendar year, as outlined in Section 16.10.050.1 of the
Subdivision Regulations.
17. 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.
18. The plans and specifications for the project infrastructure must be adequately dimensioned
and clearly indicate the extent of all improvements proposed for each phase. The plans must
clearly show the location of and distinction between existing and proposed sewer/water mains
and easements, as well as nearby and proposed fire hydrants. All infrastructure improvements
required for the development including water and sewer main extensions, public streets, curb
and gutter, sidewalks and related storm drainage infrastructure improvements shall be
constructed or financially guaranteed prior to final plat approval. No building permits
within any phase of development will be issued prior to completion and City of Bozeman
acceptance of said infrastructure improvements for that phase.
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19. All submittals must be adequately dimensioned. A legend of all pertinent line types and
symbols used shall also be provided.
20. 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/detention basin location(s), and
show location of and provide easements for adequate drainage ways within the subdivision
to transport runoff to the stormwater receiving channel(s). The plan shall include sufficient
site grading and elevation information (particularly for the basin site(s), drainage ways, and
finished lot grades), typical stormwater retention/detention 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 park or open space. Stormwater
ponds for runofffrom subdivision improvements (i.e., public or private streets, common open
space, parks, etc.) shall not be located on easements upon privately owned lots, unless
approved by the Governing Body under the project review and approval process.
While the runoff from the individual lots will be dependent on the intensity of use on each lot,
the maximum sizing ofthe storm retention/detention facilities for each lot will be established
based on maximum site development. Final facility sizing may be reviewed and reduced
during design review ofthe Final Site Plan for each lot.
21. Stormwater retention and detention improvements shall be included on the landscaping plan.
22. Easements for the water, storm sewer, and sanitary sewer main extensions shall be a minimum
of 3 0 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 edge of easement.
23. The Developer's engineer shall be required to prepare a comprehensive Design Report
addressing existing capacity of sewer and water utilities and the demands of the proposed
development. The report must include hydraulic evaluations of each utility for both existing
and post-development demands. The report findings must demonstrate adequate capacity to
serve the full development. If adequate water and/or sewer capacity is not available for
development, the report must identifY necessary water system and/or sewer system
improvements required for full development.
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Capacity limitations exist in sewer mains downstream from the proposed development. The
Design Report must specifically address the hydraulic capacity of the existing downstream
City sewer mains with respect to the anticipated loading from the proposed development.
24. Plans and specifications for the sewer and water main extensions, prepared by a Professional
Engirieer (PE) licensed in the State of Montana, shall be provided to and approved by the City
Engineer. Sewer and water main plans shall also be approved by the Montana Department
of Environmental Quality (MDEQ). 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, specifications, and shop drawings have been approved by the
City and a pre-construction conference has been conducted.
25. Sewer and water services shall be approved by the Water/Sewer Superintendent. City of
Bozeman applications for service shall be completed by the Applicant. Where services cross
under retention ponds and/or culverts, adequate cover shall be maintained.
26. Plans and Specifications for any required fire service lines must be prepared in accordance
with the City's Fire Service Line Policy by a PE, and be provided to and approved by the City
Engineer prior to initiation of construction of the fire service or fire protection system. The
applicant shall also provide Professional Engineering services for construction inspection,
post-construction certification, and preparation of mylar record drawings.
27. Prior to issuance of building permits for each lot, Pretreatment Program Sanitary Sewer
Surveys shall be submitted to the Engineering Department and, if required under the City's
Pretreatment Program, the developer shall install individual sewer service sampling manholes.
28. Plans and specifications for the Ellis Street improvements, prepared by a PE licensed in the
State of Montana, shall be provided to and approved by the City Engineer.
29. The drive approaches shall be constructed in accordance with the City's standard non-
residential driveway approach (City of Bozeman Standard Drawing No. 02529-11).
30. The Montana Department ofFish, Wildlife and Parks, Soil Conservation Service, MDEQ, and
Army Corps of Engineer's shall be contacted regarding the proposed project and any required
perinits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained by the Applicant and
copies provided to the City Engineering Department prior to approval ofthe related plans and
specifications or construction of the intended work.
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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 2nd day of April, 2001.
BOZEMAN CITY COMMISSION
By: ~I]~
Marcia B. Youngman, Mayor
ATTEST:
C!lI:-./ dgj~
Robin L. Sullivan
Clerk of the Commission
APPROVED AS TO FORM:
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City Atto~
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