HomeMy WebLinkAbout98- West Kagy Developement Major Subdivision
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West Kagy Development Major Subdivision Preliminary Plat
BEFORE THE BOZEMAN CITY COMMISSION
CITY OF BOZEMAN, MONT ANA
IN THI'~ ivlA'l'Tlm OF THI~ APPLICKflON OF C.M.M.
PARlNERSHIP ~;OR THl'~ WI'5T KAGY DEVELOPMr~NT FINDINGS OF FACT
MAJOR SUBDIVISION PRI'~LIMINARY PLAT,
AND TIlE STADIUM CENTER ZONING, PLANNI(D AND ORDER
UNITS DEVELOPMENT APPLICATIONS
PURSUANT to the Montana Subdivision and Platting Act, Section 76.3.101 through 76-?'-
614, Montana Codes Annotated, and the Bozcman Area Subdivision Regulations, a public hearing
were scheduled before the Bozeman City-County Planning Board on April 7, 1998 on the above-
entitled applications. In addition, the applications were schcduled for a public meeting before the
Bozeman City Commission on April 20, 1998. The purpose of the public hearing and public
meeting was to review the proposcd Wcst Kagy Development Major Subdivision Preliminary Plat
and the Stadium Center Conditional Use Permit for a planned unit development application for a
planned unit development to divide a 14.592 acre tract into seventeen lots for commercial uses and
one lot for common use, as submitted by the applicant, together with the required supplementary
plans and information, to determine if the information submitted meets the requirements of the
Planned Unit Development Chapter of the Bozeman Zoning Ordinance as well as the requirements
of the Bozeman Area Subdivision Regulations and the Montana Subdivision and Platting Act, and
in addition, to consider the recommcndation of the Bozeman City-County Planning Board
concerning the application.
It appeared to the City Commission that all parties and the public wishing to appear and
commcnt before the Bozcman City-County 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 Pin dings of Fact, as required:
FINDINGS OF FACT
1.
The applications for the West Kagy Development Major Subdivision Preliminary Plat and
the Stadium Center Conditional Use Permit for a planned unit development were made on January
27, 1998. The applicant granted an extension of the tiO-day review period for thc Preliminary Plat
to the City Commission until April 27, 1998. The Preliminary Plat, as proposed, will divide a 14.592
acre tract into seventeen lots for commercial uses, a private street, common parking areas, and
common open space arcas. The commercial lots will range in size from 7,800 square feet to 24,452
square feet. All of the proposed lots are currently vacant. The zoning planned unit development
Findings of Fact and Order Page 1
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West Kagy Development Major Subdivision Preliminary Plat
will allow several waivers or relaxations of the requirements of the Zoning Ordinance, including: 1.
Provision of internal private streets instead of City standards strects that arc dedicated to the public;
2. Setbacks between parking areas and the internal street network; 3. Setbacks and landscaping
requirements for individual lots; 4. Provision of an internal network of pedestrian/bicycle paths in-
licu of sidewalks in the standard location; 5. Provision of parking lot landscaping, The waivcrs or
rehxations are allowed as long as general design standards, guidelines and policies arc prepared for
the PUD which implcmcnt and/ or interpret the general building and development standards of the
Zoning Ordinance. For this proposal, such standards, h'1lidelines and policies were developed, and
with conditions these standards, b'1lidelines and policies will implement and/ or interpret thc gencral
building and development guidelines of thc Zoning Ordinance.
II.
After finding the application was properly submitted and reviewed under the procedures of
the B07.eman Arca Subdivision Regulations, a public hearing was scheduled before the Bozeman
City-County Planning Board for Tuesday, April 7, 1998 and a public meeting was schedulcd before
the Bozeman City Commission for Monday, April 20, 1998. Notice of the public hearing before
thc Planning Board and the public meeting before the City Commission was published in the
Bo%eman Daily Chronicle on Sunday, March 22, 1998.
III.
Both the 7.oning planned unit dcvelopmcnt application, and the subdivision planned unit
development, were considered by the Bozeman City-County Planning Board at their regular
meeting on April 7, 1998. Staff provided an overview of the applications, and noted that the
applicant requestcd a waiver from the Environmental Assessment rcquirement. Staff then
presented the Development Review Committee's and Design Review Board's recommended
conditions of approval. One member of the public was present to voice his support of the
proposal.
The applicant, as well as two of the applicant's reprcsentatives, were present at thc meeting.
Dan Kamp, the applicant's planner/designer, provided an overvicw of the project from the
developer's pcrspective and indicated that the only recommended condition the applicant did not
agrec with was recommended condition 1.c. of the Planning Board Staff Report. This condition
read as follows: "Because the yard along the west property line is functioning as a rear yard for I.ot
17, a setback that is at least twenty (20) feet wide shall be provided between any building on Lot 17
and the west property line."
Findings of Fact and Order Page 2
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West Kagy Development Major Subdivision Preliminary Plat
IV.
The Planning Board rcviewed the subdivision per the proccdures of Section 16.08 of the
B07.eman Area Subdivision Rcgulations and found that the Preliminary Plat was in accordance with
the Bozeman Area Master Plan and Subdivision Regulations. They also reviewed and considered
the primary review criteria established in Title 73-3-608, M.C.A., 1993.
V.
The Planning Board reviewed the zoning planned unit development per thc procedures of
Chaptcrs 18.53 and 18.54 of the Bozeman Zoning Ordinance.
After considering all information, the Planning Board considered the applicant's request to
reconsider condition 1.c. and found that an eight foot setback would be acceptablc due to the
innovative design and amount of open space proposed, the fact that only two buildings would have
rear elevations facing the western property line, and the amount of landscaping proposed along the
western property boundary.
One member of the Planning Board noted a correction to recommended condition 20 in
the Staff Report, to changc thc word west to east. This correction was duly noted.
VI.
The Planning Board found that with conditions, the subdivision would comply with the
primary review criteria, and the Planned Unit Development would comply with the PUD and CUP
review criteria, and forwarded a recommendation of conditional approval to the Bozeman City
Commission in Planning Board Rcsolution No. Z-9811jP-9802. The Board also voted to waive the
Environmental Assessment requirement for the Preliminary Plat application.
VII.
The application was considered by the Bozeman City Commission at a public meeting on
April 20, 1998. The Planning Staff reviewed the project at that time and forwarded the City-County
Planning Board's recommendation to the Commission. The City Attorney noted the Final Plat for
the subdivision cannot bc filcd until Final Site Plan approval is granted to the zoning planned unit
developmen t. The City Attorney recommended that a condition bc added to the recommended
conditions of approval for the Preliminary Plat application addrcssing this issue. Because the public
hearing for the applications had been held before the Planning Board, and becausc no member of
the public was present to comment on the applications, no public testimony was taken at the City
Commission meeting.
Findings of Fact and Order Page 3
West Kagy Development Major Subdivision Preliminary Plat
VIII.
The City Commission considered the minutes, record and recommendation of the Planning
Board, all public comment, and the developer's testimony, and weighed the proposed subdivision
against the primary criteria for subdivisions established in Title 76-3-608, and found as follows:
EFFECTS ON AGRICULTURE
'l'he land to be subdivided is currently used for hay production, but it is not part of a viable farming
operation. The property to the south is also currently used for agricultural purposes, including
small grains production. It is possible that agricultural activities on the site to the south may impact,
or be impacted by, this proposed subdivision. The covcnants for this subdivision must contain the
standard statemcnt regarding agricultural uses on adjacent propcrties. While the property to the
south is currently agricultural in nature, the property itself is vulnerable to developmcnt based on
the development patterns and trends in that part of Bozeman, Therefore, this proposed
subdivision should have no negative effects on abrriculture. The subject site is unfenced on all sides,
therefore agricultural fences are not an issue.
EFFECTS ON LOCAL SERVICES
Thc City of Bozeman currently providcs police and fire protection to the property. With
conditions, adequate sewer and water scrvicc will be available. Because the internal subdivision
streets will be private, they will be maintained and plowed by the property owner's association.
Access to the site will be gained from Kagy Boulevard, South 11 tll Avenue and eventually the un-
tumed 60 foot wide right-of-way along the south property line. Kagy Boulevard is existing and is
currently maintained by the City. South 11th Avenue and the other 60 foot wide street along the
south property line will be new streets that are dedicated to the public. Therefore, the City will
need to maintain these new streets at some point in the future. This subdivision would not create
an impact on the Bozeman School District because no residential units are proposed.
EFFECTS ON NATURAL ENVIRONMENT
No negative effects on the natural environment have been identified. The site may contain high
groundwater in some areas.
EFFECTS ON WILDLIFE AND WILDLIFE HABITAT
The Preliminary Plat was sent to a Wildlife Biologist and a Regional Fisheries Biologist at the
Montana Fish, Wildlife and Parks on 2 February 1998. The Planning Office has not received any
comments from F\XTP, therefore no detrimental effects have been identified.
EFFECTS ON PUBLIC HEALTH AND SAFETY
'T'his development is expected to generate a signiticant amount of traffic. Therefore, several traHic-
and transportation- related conditions and requirements have been imposcd. I n addition, a "no
acccss" note should bc placed on the Final Plat to prevent direct access from the lots directly onto
Kagy Boulevard, South l1'b Avenue, and the un-named 60 foot widc right-of-way along the south
property line.
IX.
The City Commission also reviewed the rcview criteria to be considered during review of
Conditional Use Permits for zoning Planned Unit Developmcnts, and found that, with conditions,
the development would comply with those criteria. Ilaving found that the proposed zoning
Planned Unit Development satisfied the CUP and PUD criteria of thc Zoning Ordinance, the City
Commission voted to conditionally approve the zoning application.
Findings of Fact and Order Page 4
West Kagy Development Major Subdivision Preliminary Plat
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I laving found that the proposcd development met thc primary criteria for the Montana
Subdivision and Platting Act, the Bozeman City Commission voted to approved the preliminary
plat application for a planned unit development to divide a 14.592 acre tract into seventeen lots for
commercial uses and one lot for common use, subject to the conditions listed below:
1. The applicant shall obtain an encroachment permit from MDOT for the placement of any
utilities in thc Kagy Boulevard right-of-way prior to placement of utilities in the right of-way.
The developer shall obtain an encroachment permit for the proposed accesses onto Kagy
Boulevard and provide proof of this cncroachment permission to the City II~ngineering OHlcc
prior to installation of these acccsscs.
2. No dead-end streets shall be permitted without an approved turn around. Where it is planned
that a dead-end street will be extended in the future, a temporary cul-de-sac shall be provided.
I f any temporary cui-dc-sacs are proposed, the cui-de-sacs shall be located to ensure the most
viable usable area of the lots as possible. The final location and diameter of the cul-de-sacs shall
be approved by the City Engineer during plan and specification review, The cul-de-sac(s) shall
be signed with "No Parking" signs.
3. Prior to Final Plat approval, the developer shall select names for the proposed internal private
streets, and have the names of the proposed streets rcvicwed and approved by the City
Engineer and the County Road Office to ensure that they do not duplicate the names of other
existing streets in the area. The developer shall also determine what the future right-of-way
along the south property line will be called keeping in mind that new streets aligning with
existing streets shall have thc same name as thc existing street. The names of all public and
private streets shall be shown on the Final Plat.
4. Prior to Pinal Plat approval, street and stop signs shall be placed at all intersections with public
rights-of-way. The street signs shall conform with the standards outlined in the Bozeman Arca
Subdivision Regulations.
5. The Pinal Plat shall show a one (1) foot "No Access" strip along l<'..at,'Y Boulevard, South 11th
Avenue, and the un-named 60 foot right-of-way along the south property line to prevcnt access
from individual lots onto these streets.
6. All infrastructure improvements for each phase, including: 1) water and sewer infrastructure, 2)
private streets and curb / .b'11tter 3) stormwater drainage infrastructurc improvements, and 4)
common open space areas, open space landscaping, and bicycle/pedestrian paths must bc
installed, in accordance with the approved plans and specifications, by the subdivider and
certified by a registered engineer and accepted by the City I'~nginccring Office prior to approval
of the Final Plat for each phase, or an agreement entcrcd into with the City of Bozeman
guaranteeing the installation and performance of the improvcments. No building permits for
any phase of thc development will be issued prior to City of Bozeman acceptance of the
infrastructure improvements for that phase.
7. The Final Plat shall contain the following language: "Due to the presence of a high ground
water table within the area of the subdivision, it is not recommended that full basements be
constructed without first consulting a professional engineer."
8. The property owner's association documents and covenants shall be submitted to the City of
BOi~eman for review and approval, and shall be signed and notarized prior to Final Plat
approval. The covenants shall be revised to address the following:
a. The Covenants shall be c1arificd regarding thc provision of casements (Subsection 3.6). The
general, common easement concept should only apply to common areas such as roads,
parking areas, common open space and paths. I t shall not includc "lots". If eascments will
be provided on lots, the location and size of the easement shall be shown on the Final Plat.
b. The covenants shall contain the following statement addressing agricultural uses of
neighboring properties: "Lot owners in the subdivision are informed that adjacent uses may
Findings of Fact and Order Page 5
West Kagy Development Major Subdivision Preliminary Plat
be agricultural. Lot owners accept and arc aware that standard ahrricultural and farming
practices can result in dust, animal odors, tlies, burning, and machinery noise. Standard
agricultural practices feature the use of hcavy equipment, chemical sprays and the use of
machinery early in the morning and sometimes late into the evening."
c. A section shall be added to the covenants in Section XI regarding the addressing and/or
numbering scheme for the buildinbY5 in the subdivision. This schcme shall be reviewed and
approved by the Bozeman Firc Department. This section shall stipulate how and whcre thc
address or number for each building shall be displayed. Each building addrcss and/or
number shall be large enough so that it can be easily seen and read from thc private internal
street system.
d. I nstead of just referring to provisions in the Zoning Ordinance, the Covenants shall state
specific requirements. Subsection 9.3.a. shall state what the density of thc R-O zoning
district is. Subsection 9.3.b. shall list the pcrmitted uses in the R-O zoning district. Section
9.4 shall state what the height restrictions are for thc R-O zoning district. Pinally,
Subsection 9.5.b. shall state that thc maximum allowable building size in the R-O is
constrained by a limit of 60 percent coverage of the site.
c. The Covcnants shall require a minimum three (3) foot wide landscape strip between the
parking area sidewalks and buildings, and that at Icast ten (10) feet of separation be
maintained between buildings.
f. Scction 9.5 shall be labeled "Minimum and Maximum Building Sizes".
g. Section 10.1 shall further describe those aspccts, qualities characteristics, associated with the
housing in surrounding neighborhoods, the development is striving to emulate.
h. Additional provisions shall be added to thc Covenants to address the following: a clear
definition of public, private, and semi~public spaces; articulation of main entrances;
orientation of the buildings to the street, sidewalks, and parking areas; mass and scale of and
between buildings; and the separation of masses.
t. In Section 11.3, the Covenants shall specify the height limits for fencing. This section shall
specify acceptable materials and types for screening fencing.
), In Section 11.6, the Covenants shall provide a detail and description for acceptable building
lighting (wall-mounted), walk arca lighting, and signage lighting. The covenants shall also
specify height limits for pole-mounted lighting standards,
k. The Proposed Wording for Additional Landscape Requirements within Development
Guidclincs, that was submitted on 24 March 1998, shall be added to the coven an ts.
1. The covenants shall contain additional requirements for garbage enclosures, including height
restrictions, acceptable materials, and the need for an impervious tloor. Thc covenants shall
also include a detail for garbage enclosures. The garbage enclosures shall be satisfy the
requirements of the garbage collection vendor that will servicing the development, including
size, location, and access.
m. Section 10.5 shall include language addressing not only roof-mounted equipment, but any
equipment mounted on the exterior of a building. Non roof-mounted equipment could be
screened with landscaping or approved fencing.
n. Subsection 1O.6.b. shall include language indicating that brighter, non-earth tone colors may
be acceptablc for trim and accents. The use of brighter colors will be reviewed by the
B.L.R.C.
o. ^ provision shall be added to the covenants with the following language: "A single building
may be constructed on contiguous lots, hut may not use more than !\va (2) lots unless
approved by the City of Bozeman's Design Review Board as having adcquatc massing
delincation to addrcss the increased linearity of the building."
9. On the Pinal Plat, the entire dedication certificatc shall be shown, and the private streets shall
be labeled as such.
Findings of Fact and Order Page 6
West Kagy Development Major Subdivision Preliminary Plat
10. No parking shall bc allowed on cither Kagy Boulevard or the new private strccts, and both shall
be signed accordingly with signs approved by the City of Bozeman Strects and Sanitation
Department.
11. The applicant shall be required to provide and file with the County Clerk and Recorder's OHice
executed \Vaivers of Right to Protest Creation of S.l.D.'s for the following improvements:
a. Street improvements to West Kagy Boulevard and South 11th Avenue, including paving,
curb and gutter, sidewalk and storm drainage facilities.
b. Signalization of Kab'Y Boulevard and South 19th Avenue.
c. Signalization of Kagy Boulevard and South 11th Avenue.
The document filed shall specify that in the event S.I.D.'s are not utilized for the completion of
these improvements, the developer agrees to participate in an alternate financing method for
completion of said improvements on a fair share, proportionate basis as determined by square
footage of property, taxable valuation of the property, traHlc contribution from the
developmcnt or a combination thereof.
12. The developer's engineer shall prepare a comprehensive utilities design report evaluating
existing capacity of water and sewcr utilities and the demands of the proposed development.
This report shall accompany the plan and specification submittal for the subdivision
infrastmcture. The report must include hydraulic evaluations of each utility for both existing
and post-development demands. The report Endings must demonstrate adcquate capacity to
serve the full development. If adequate water and/or sewer capacity is not available for full
development, the report must identify necessary water system and sewer system improvements
requircd for full development.
13. Installation of the master-planned water main loop providing water service to this property or
its hydraulic equivalent must occur with this development. These consist of a 12 inch main
running east-west in Kagy boulevard which will connect with thc main in South 19th A venue,
and a 12 inch main mnning north-south either through this subdivision or in the South 11th
Avenue alignment. The proposed alignment as shown on the plan sheet prepared by Rocky
Mountain Engineers dated 1/27/98 which accompanied the preliminary plat submittal is not
hydraulically equivalent to the master-planned mains. The 12 inch main in Kagy Boulevard must
be installed prior to platting of Phase 1. It may be looped into thc City system by making a
connection to the existing main located adjacent to the privatc drive which providcs access to
University Apartments. Whether the 12 inch main running north-south in 11 th Avenuc (or it's
hydraulic equivalent) must be installed with Phase I or Phase II will depend on the final
alignment proposed by thc developcrs engineer. The proposed alignment and design of this line
shall be included with the infrastructure drawings for Phasc 1.
Any structure built before the required water supply improvements are made shall be
fully protected with approved automatic fire suppression systems.
14. All proposed water and sewer mains shall be extended to the property or phase lines to
adequately accommodate future extensions and/ or looping.
15. Any oversizing cost share agreement for that portion of the water main exceeding 8 inches in
diameter must be approved and executed by the City Commission prior to initiation of any
construction of the water main extension. The agreement shall define the terms undcr and the
extent to which the City will participate in the payback of the oversized portion of the main.
The final amount paid by the City will be based on the actual bid prices obtained and quantities
installcd by the developer.
16. Any payback agreement intended to rccovcr a portion of the cost for installing the water main
shall be cxclusivc of any amount paid for by an oversizing agreement and shall meet the
following conditions:
a. All necessary design reports and cost documentation used to establish and support the
payback arca and amount must be prepared by the developer's engineer and shall be
submitted with the plans and specifications for the infrastructure.
Findings of Fact and Order Page 7
West Kagy Development Major Subdivision Preliminary Plat
b. The documents must be reviewed and approved by thc both the City Eng-ineer and the City
Commission prior to initiation of construction.
17. ;\ Traffic Impact Analysis prepared by a Professional Civil Engineer registered in the State of
Montana, qualified in the area of TraHic Engineering must be submitted to and approved by the
City Engineer. The analysis shall address existing and projected traffic volumes on perimeter
streets and level of service evaluations at the interscctions of Kagy Boulevard and South 19th
Avenue and Kagy Boulevard and South 11th Avenue. The report shall also include evaluations
of level of service and recommendations for any necessary off-site roadway improvements.
18. The developer shall widen the existing pavement along Kagy Boulevard and add a center turn
lane adjacent to this subdivision. These improvements shall be made adjacent to each phase of
the development and shall be complete and accepted by the City or financially guaranteed prior
to issuance of any occupancy permits for that phase. Sidcwalk shall also be installed along the
Kagy Boulevard frontage with each phase. The final location of the sidewalk must be approvcd
by thc City Engineer. Installation of curb and gutter along Kagy Boulevard is not requircd as
part of the strcet widening. Thc design of these improvemcnts shall include all neccssary
transitions to existing pavement.
No occupancy permits for phase I shall be issued prior to completion and City
acceptance of the street improvements required for that phase.
19. The developer shall dedicate to the City of Bozeman onc-half of a 90 foot right of way (45 feet)
for South 11th Avenue. Prior to platting of Phasc II of the subdivision, South 11th Avenue
shall be constructed 32 feet wide with curb, gutter and sidewalk along the east side of the
development.
No building permits for Phase II shall be issued prior to completion and City
acceptance of the South 11th Avenue improvements.
20. Prior to installation of required improvements, the developer must submit plans and
specitlcations for review and approval by the Planning Director and the City Engineering
Department. After the plans and specifications are approved, but before installation of thc
improvements commcnces, a prc-construction meeting must be held between the developer,
the developer's engineer, the contractor, and the City Engineering Department.
Prior to thc initiation of construction public street improvements, plans and specifications for
the improvernents to both Kagy Boulevard and South 11 th Avenue, including sidewalk, curb
and gutter (South 11th Avenue only) and related storm drainage infrastructure improvements,
prepared by a Professional Eng-ineer (r.E.) registered in the state of Montana shall be provided
to and approved by the City Eng-ineer for each phase of the development. The extent of the
improvements required for each phase shall be clearly indicated on the preliminary plat.
In addition, plans and specitlcations for the water and sewcr main cxtcnsions preparcd by a
Professional P~ngineer (PII~) registered in the state of Montana shall be provided to and
approved by City Engineer for each phase of the development. Watcr and sewer plans shall
also be approved by the Montana Department of Environmental Quality. The applicant shall
also provide Professional engineering services for construction inspcction, post-construction
certitlcation and preparation of mylar rccord drawings. Construction shall not be initiated on
the public infrastructure for any phase until the plans and specitications for that phase have
been approved by the City Engineer and a pre-construction conference for that work has been
conducted. Water mains shall be fully looped with each phase of development.
Easemcnts for any sewer main extensions located outside of dedicated right-of-way shall be a
minimum of 30 feet in width, with thc utility located in the center of the easement. In no case
shall the utility be less than 10 feet from edge of casement. Any sewer manholes located
outside of an improved surface shall be made accessible for maintenance purposes by
constructing a 12 foot wide, all weathcr access road capable of supporting the City's
maintenance equipment.
Findings of Fact and Order Page 8
West Kagy Development Major Subdivision Preliminary Plat
The plans and specifications for infrastructure must clearly indicate the cxtent of all
improvements proposed for each phase. All infrastructure improvements required for cach
phase of the development including water and sewer main extensions, public streets, curb and
gutter, sidewalks and related storm drainage infrastructure improvements shall bc constructed or
financially guaranteed prior to final plat approval for each phase.
No building permits for any phase of development will be issued prior to City of
Bozeman acceptance of said infrastructure improvements for that phase except as
provided for items in Conditions 19 and 20 above.
21. A detailed Stormwater Management Plan 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 l'.nginecr. The plan must accurately depict
retention/ detention basin locations and locate and provide easements f()r adequate drainage
ways within the subdivision to transport runoff to the basins and/or stormwater receiving
channel(s). The plan shall include detailed site grading and elevation information for the basin
sites, drainage ways, and lot tinished grades, stormwater retention/detention basin details
including typical sections, discharge structure details, basin sizing calculations and a stormwater
maintenance plan. All stormwater improvements needed for each phase must be constructed
or financially guarantccd prior to filing the final plat for that phase. No building permits in a
given phase will be issued until the stormwater improvements are constructed and approved,
22. The proposed internal bicycle/pedestrian circulation system shall substitute for sidewalks in the
standard location (i.e. one foot off of the property line along the streets), The sidewalks shall
be equivalent to standard sidewalks in terms of surfacing materials, construction and width (five
feet) . All pedestrian/bicycle paths shall be located as far as possible from streets and parking
arc as . The number of street/ driveway crossmgs shall be reduced if possible. All
strcct/ driveway crossings shall be delineated through the use of pavers or texturing.
23. The applicant shall provide a schedule of improvement phasing, timing and completion dates;
including all public improvements and all on-sitc common area improvements, to the Planning
Department for review and approval prior to Final Plat approval. The phasing of the parking
lot improvements (paving, curbing, striping and sidewalks) shall be clearly delineated on the
Pinal Site Plan and shall be constructed for cach building accordingly.
24. The tinal subdivision plat shall conform to all requirements of the Bozeman Area Subdivision
Regulations and the Uniform Standards for Final Subdivision Plats, and be accompanicd by all
appropriate documents, including covenants, certitication by the State Dcpartment of
Environmental Quality approving the plans and specifications for water or sanitary facilities,
certification from the City's Engineer certifying that as-built drawings for public improvcments
were received, a platting certiticate, and all required and corrected certificates. Two clothback
(or equivalent) and mylar (or equivalent) copies of the tinal 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 inch
floppy disk.
The Final Subdivision Plat shall be approved within three years from the date of Preliminary
Plat approval by the Bozeman City Commission. Prior to thc expiration date, the subdividcr
may submit a letter of rcquest to the Planning Director for a one year extension. Thercafter,
the City Commission may approve an extension for not more than one additional calendar yeaL
The Pinal Subdivision Plat may not be filed until the Final Site Plan is approved. If it is the
developer's intent to file the Final Subdivision Plat prior to the completion of all required
subdivision improvements, a Subdivision Improvements Agreement shall be entered into with
the City of Bozeman b'lJaranteeing the completion of all improvements in accordance with the
Preliminary Plat submittal information and conditions of approval. I f the Final Subdivision Plat
is tiled prior to the installation of all improvements, the developcr shall supply the City of
BO/~eman with an acceptable method of security equal to 150 percent of the cost of the
rcmaining improvements.
Findings of Fact and Order Page 9
West Kagy Development Major Subdivision Preliminary Plat
25. The Conditional Use Permit for a planned unit development Final Site Plan, to allow the
subdivision of approximately 14.5 acres of land to create a two-phased, 17 lot, planned unit
development for commercial uses, shall be approved prior to Final Plat approval.
ORDER
THEREFORE, IT IS HEREBY ORDERED, on a vote of 5-0, that the subject subdivision
bc approved, subject to the conditions listed below. 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. The applicant shall obtain an encroachment permit from MDOT for the placement of any
utilities in the Kagy Boulevard right-of-way prior to placement of utilities in the right-of-way.
The developer shall obtain an cncroachment permit for the proposcd acccsscs onto Kagy
Boulevard and provide proof of this encroachmcnt permission to the City ll~ngineering Office
prior to installation of these accesses.
2. No dead-end streets shall be permitted without an approved turn around. \X1here it is planned
that a dead-end street will be extended in the future, a temporary cul-de-sac shall be provided.
If any temporary cul-de-sacs are proposed, the cul-de-sacs shall be located to ensure the most
viable usable area of the lots as possible. The final location and diameter of the cul-de-sacs shall
be approved by the City Engineer during plan and specification review. The cul-de-sac(s) shall
be signed with "No Parking" signs.
3. Prior to Final Pht approval, the developer shall select names for the proposed internal private
streets, and have the names of the proposed streets reviewed and approved by the City
Engineer and the County Road Office to ensure that they do not duplicate the names of other
existing streets in the area. The developer shall also determine what the future right-of-way
along the south property line will be called keeping in mind that new streets aligning with
existing streets shall have the same name as the existing street. The names of all public and
private streets shall be shown on the Final Plat,
4. Prior to Final Plat approval, street and stop signs shall be placcd at all intersections with public
rights-of-way. The street signs shall conform with the standards outlined in the Bozeman Area
Subdivision Regulations.
5. The Final Plat shall show a one (1) foot "No Access" strip along Kagy Boulevard, South 11 tll
Avenue, and the un-named 60 foot right-oF-way along the south property line to prevent access
from individual lots onto these streets.
6. All infrastructure improvements for each phase, including: 1) watcr and sewer infrastructure, 2)
private streets and curb/gutter 3) stormwater drainage infrastructurc improvements, and 4)
common open space areas, open space landscaping, and bicycle/pedestrian paths must be
installed, in accordancc with the approved plans and specifications, by the subdivider and
certified by a registered engineer and accepted by the City Engineering Office prior to approval
of the Final Plat for each phase, or an agreement entered into with the City of Bozeman
guaranteeing the installation and performancc of the improvements. No building permits for
any phase of the development will be issued prior to City of Bozeman acceptance of the
infrastructure improvements for that phase.
7. Thc Final Plat shall contain the following language: "Duc to the presence of a high ground
water table within the area of the subdivision, it is not recommended that full basements be
constructed without first consulting a professional engineer."
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West Kagy Development Major Subdivision Preliminary Plat
8. The property owner's association documents and covenants shall be submitted to the City of
Bozeman for review and approval, and shall be sit,>1led and notarized prior to Final Plat
approval. The covenants shall be revised to address the following:
a. The Covenants shall be clarificd rcgarding the provision of easements (Subsection 3.6). The
general, common easemcnt concept should only apply to common areas such as rends,
parking areas, common open space and paths. It shall not include "lots". If casements will
be provided on lots, the location and size of the easement shall be shown on the Final Plat.
b. 'The covenants shall contain the following statement addressing agricultural uses of
ncigh boring properties: "Lot owners in the subdivision are informed that adjacent uses may
be agricultural. Lot owners accept and are aware that standard agricultural and farming
practices can result in dust, animal odors, tlies, burning, and machinery noise. Standard
agricultural practices feature the use of heavy equipment, chemical sprays and the usc of
machinery early in the morning and sometimes late into the evening."
c. A section shall be added to the covenants in Section XI regarding the addressing and/or
numbering scheme for thc buildings in the subdivision. This schcme shall be rcvicwcd and
approved by thc Bo<~eman Firc Department. This scction shall stipulate how and whcre thc
addrcss or number for each building shall be displayed. Each building address and/or
number shall be large enough so that it can be easily seen and read from the private internal
street system.
d. Instead of just referring to provisions in the Zoning Ordinancc, the Covenants shall state
specitlc requirements. Subsection 9.3.a. shall state what the density of the R~O zoning
district is, Subsection 9.3.b. shall list the permitted uses in the R~O zoning district. Section
9.4 shall state what the height restrictions are for the R-() zoning district. Finally,
Subsection 9.S.b. shall state that the ma.ximum allowable building size in the R-O is
constrained by a limit of 60 percent coverage of the site.
e. The Covenants shall require a minimum three (3) foot wide landscape strip between the
parking area sidewalks and buildings, and that at least ten (10) fcct of separation be
maintained between buildings.
f. Section 95 shall be labeled "Minimum and Ma...ximum Building Sizes".
g. Section 10.1 shall further describe those aspects, qualities characteristics, associated with thc
housing in surrounding neighborhoods, the development is striving to emulate.
h. Additional provisions shall be added to the Covenants to address the following: a clear
definition of public, private, and semi-public spaces; articulation of main entrances;
orientation of the buildings to the street, sidewalks, and parking areas; mass and scale of and
between buildings; and the separation of masses.
1. In Section 11.3, the Covenants shall specify the hcight limits for fencing. This section shall
specify acceptable materials and types for screening fencing.
J. In Section 11.6, the Covenants shall provide a detail and description for acceptable building
lighting (wall-mounted), walk area lighting, and signage lighting. The covenants shall also
specify height limits for pole-mounted lighting standards.
k. The Proposed Wording for Additional Landscape Requirements within Development
Guidelines, that was submitted on 24 March 1998, shall be added to the covenants.
l. The covenants shall contain additional requirements for garbagc enclosures, including height
restrictions, acceptable materials, and the need for an impervious floor. The covenants shall
also include a detail for garbage enclosures. The garbage enclosures shall be satisfy thc
requirements of the garbage collection vendor that will servicing the development, including
size, location, and access,
m. Section 10.5 shall include language addressing not only roof-mounted equipment, but any
equipment mounted on the exterior of a building. Non roof-mounted equipment could be
screened with landscaping or approved fencing.
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West Kagy Development Major Subdivision Preliminary Plat
n. Subsection 10.6.b. shall includc language indicating that brighter, non-earth tone colors may
be acceptable for trim and accents. The use of brighter colors will be reviewcd by the
B.L.R.C.
o. A provision shall be added to the covcnants with the following language: "A single building
may be constructed on contiguous lots, but may not use more than two (2) lots unless
approved by the City of Bozeman's Design Rcview Board as having adequate massing
delineation to address the increased linearity of the building."
9. On the Pinal Plat, the entire dedication certificate shall be shown, and the private streets shall
be labeled as such.
10. No parking shall be allowed on either Kagy Boulevard or the new private streets, and both shall
be signed accordingly with signs approved by the City of Bozeman Streets and Sanitation
Department.
11. 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 S.1.D.'s for the following improvements:
a. Street improvements to West Kagy Boulevard and South 11th Avenue, including paving,
curb and gutter, sidewalk and storm drainage facilities.
b. Signalization of Kagy Boulevard and South 19th ;\ venue.
c. Signalization of Kagy Boulevard and South 11th Avenue.
The document filed shall specify that in the event S.1.D.'s are not utilized for the completion of
thcse improvements, the developer agrees to participatc in an alternate ttnancing method for
completion of said improvements on a fair share, proportionate basis as determincd by squarc
footage of property, taxable valuation of the property, traffic contribution from the
development or a combination thereof.
12. Thc dcvcloper's engineer shall prepare a comprehensive utilities design report evaluating
existing capacity of water and sewer utilities and thc dcmands of the proposed development.
'1'his rcport shall accompany the plan and specification submittal for the subdivision
infrastructure. The report must include hydraulic evaluations of cach 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 full
development, the report must identify necessary water systcm and sewcr system improvements
required for full development.
13. Installation of the master-planned water main loop providing water service to this property or
its hydraulic equivalent must occur with this development. These consist of a 12 inch main
nmning cast-west in Kagy boulevard which will connect with the main in South 19th Avenue,
and a 12 inch main running north-south either through this subdivision or in the South 11th
Avenue alignment. The proposed alignment as shown on the plan sheet prepared by Rocky
Mountain Engineers dated 1/27/98 which accompanied the preliminary plat submittal is not
hydraulically equivalent to the master-planned mains. The 12 inch main in Kah'Y Boulevard must
be installed prior to platting of Phase 1. It may be looped into thc City system by making a
connection to the existing main located adjaccnt to the private drive which provides access to
University Apartments. %ether the 12 inch main running north-south in 11th Avenue (or it's
hydraulic equivalent) must be installed with Phase I or Phase II will depend on the final
alignment proposed by the developers engineer. The proposed alignment and design of this line
shall be included with the infrastructure drawings for Phase 1.
Any stmcture built before the required water supply improvements are made shall be
fully protected with approved automatic fire suppression systems.
14. All proposed watcr and sewer mains shall be extended to the property or phase lines to
adequately accommodate futurc extensions and/or looping.
15. Any oversizing cost share agreement for that portion of the water main exceeding 8 inches in
diameter must be approved and executed by thc City Commission prior to initiation of any
construction of the water main extcnsion. The agreement shall define the terms under and the
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West Kagy Development Major Subdivision Preliminary Plat
extent to which the City will participate in the payback of thc oversized portion of the main.
Thc final amount paid by the City will be based on the actual bid prices obtained and quantitics
installed by the developer.
16. Any payback agreement intended to recover a portion of the cost for installing the water main
shall be exclusive of any amount paid for by an ovcrsizing agreement and shall meet the
following conditions:
a. All necessary desib'11 reports and cost documentation used to establish and support the
payback area and amount must be prepared by the dcveloper's engineer and shall be
submitted with the plans and specifications for the infrastructure.
b. Thc documents must be reviewed and approved by the both the City Enginecr and thc City
Commission prior to initiation of construction.
17. A Traffic Impact Analysis prepared by a Professional Civil Engineer registered in the State of
Montana, qualificd in thc area of' fraHic Enginecring must be submitted to and approved by the
City II~ngineer, The analysis shall address existing and projectcd traffic volumes on perimeter
streets and level of service evaluations at the intersections of Kagy Boulevard and South 19th
Avenue and Kagy Boulevard and South 11 th Avenue. The report shall also include evaluations
of level of service and recommendations for any necessary off-site roadway improvements.
18. The developer shall widen the existing pavement along Kagy Boulevard and add a center turn
lane adjacent to this subdivision. These improvements shall be made adjacent to each phase of
the development and shall be complete and accepted by the City or financially guaranteed prior
to issuance of any occupancy permits for that phase. Sidewalk shall also be installed along the
Kagy Boulevard frontage with each phase. The final location of the sidewalk must be approved
by the City Eng-ineer. Installation of curb and gutter along Kab'Y Boulevard is not required as
part of the street widening. The design of these improvements shall include all necessary
transitions to existing pavemcnt.
No occupancy permits for phase I shall be issued prior to completion and City
acceptance of the street improvements required for that phase.
19. The developer shall dedicate to the City of Bozeman one-half of a 90 foot right of way (45 feet)
for South 11th Avenue. Prior to platting of Phase IT of the subdivision, South 11th Avenue
shall be constructed 32 feet wide with curb, gutter and sidewalk along the east side of the
developmen t.
No building permits for Phase II shall be issued prior to completion and City
acceptance of the South 11th Avenue improvements.
20. Prior to installation of required improvements, the developer must submit plans and
specifications for rcview and approval by the Planning Director and the City Engineering
Department. After the plans and specifications are approved, but before installation of the
improvcments commences, a pre-construction meeting must be held between the developer,
the developer's engineer, the contractor, and the City Engineering Department.
Prior to the initiation of construction public street improvements, plans and specitications for
thc improvements to both Kagy Boulevard and South 11th Avenue, including sidewalk, curb
and gutter (South 11th Avenue only) and related storm drainage infrastructurc improvements,
prcpared by a Professional Eng-ineer (p.E.) registered in the state of Montana shall be provided
to and approved by the City Engineer for each phase of the development. The extent of the
improvements required for each phase shall be clcarly indicated on the preliminary plat.
In addition, plans and specifications for the water and sewer main extensions prepared by a
Professional Eng-ineer (PE) registered in the state of Montana shall be provided to and
approved by City Enginecr for each phase of the development. Watcr and sewcr plans shall
also bc approved by the Montana Department of Environmental Quality. The applicant shall
also provide Professional eng-ineering services for construction inspection, post-construction
certitlcation and preparation of mylar record drawings. Construction shall not be initiatcd on
the public infrastructure for any phase until the plans and specitlcations for that phase have
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West Kagy Development Major Subdivision Preliminary Plat
becn approvcd by the City Engineer and a pre-construction conference for that work has bccn
conducted. Water mains shall be fully looped with each phase of development.
Easements for any sewer main extensions located outside of dedicatcd right-of-way shall be a
minimum of 30 feet in width, with the utility located in the center of the easement. In no case
shall the utility be less than 10 feet from edge of easement. Any sewer manholes located
outside of an improved surface shall be madc accessible for maintenance purposes by
constructing a 12 foot wide, all weather access road capable of supporting the City's
maintenance equipment.
The plans and speciEcations for infrastructure must clearly indicate the exten t 0 f all
improvements proposed for each phase. All infrastructure improvements required for each
phase of the development including water and sewer main extcnsions, public streets, curb and
gutter, sidewalks and related storm drainage infrastructurc improvements shall be constructed or
Enancially guaranteed prior to final plat approval for each phase.
No building permits for any phase of development will be issued prior to City of
Bozeman acceptance of said infrastructure improvements for that phase except as
provided for items in Conditions 19 and 20 above.
21. A detailed Stormwater Management Plan 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 accurately depict
retention/ detention basin locations and locate and provide easements for adequate drainage
ways within the subdivision to transport runoff to the basins and/or stormwater receiving
channc1(s). The plan shall include detailed site grading and elevation information for the basin
sites, drainage ways, and lot finished gradcs, stormwater retention/detention basin details
including typical sections, discharge structure details, basin sizing calculations and a stormwater
maintenance plan. All stormwater improvements needed for each phase must be constructed
or financially guarantced prior to filing the final plat for that phase. No building permits in a
given phase will be issued until the stormwater improvements are constructed and approved.
22. The proposed internal bicycle/pedestrian circulation system shall substitute for sidewalks in the
standard location (i.e. one foot off of the property line along thc streets). The sidewalks shall
be equivalent to standard sidewalks in terms of surfacing materials, construction and width (Eve
feet) . All pedestrian/bicycle paths shall be located as t~lr as possible from strccts and parking
areas. The number of street/driveway crOSSIIl(!.S shall be reduced if possible. All
L' street/ driveway crossinb.-s shall be delineated through thc use of pavers or texturing.
23. The applicant shall providc a schedule of improvement phasing, timing and completion dates;
including all public improvements and all on-site common area improvements, to the Planning
Department for review and approval prior to Final Plat approval. 'fhe phasing of the parking
lot improvements (paving, curbing, striping and sidewalks) shall be clearly delineated on thc
Final Site Plan and shall be constructed for each building accordingly.
24. The Enal subdivision plat shall conform to all requirements of the Bozeman Area Subdivision
Rcgulations and the Uniform Standards for Final Subdivision Plats, and bc accompanied by all
appropriate documents, including covenants, certitication by the State Department of
Environmental Quality approving the plans and specittcations for water or sanitary facilities,
certiEcation from the City's [':ngineer certifying that as-built drawings for public improvements
were received, a platting certificate, and all required and corrected certificatcs. Two clothback
(or equivalent) and mylar (or equivalent) copies of the tlnal plat must be submitted for tin'll plat
approval, along with a digital copy of the tlnal plat, on a double sided, high-density 3-1/2 inch
Hoppy disk.
The Final Subdivision Plat shall be approved within three years from the date of Preliminary
Plat approval by the Bozeman City Commission. Prior to the expiration date, the subdivider
may submit a letter of request to the Planning Director for a one year cxtcnsion. Thereafter,
the City Commission may approve an extension for not more than one additional calendar year.
The Final Subdivision Plat may not be filed until the Final Site Plan is approved. If it is the
developer's intent to tile the Final Subdivision Plat prior to the completion of all required
Findings of Fact and Order Page 14
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West Kagy Development Major Subdivision Preliminary Plat
subdivision improvements, a Subdivision lmprovcments Agreement shall he entered into with
the City of Bozeman guaranteeing the completion of all improvements in accordance with the
Preliminary Plat submittal infbrmation and conditions of approval. If the Final Subdivision 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 pcrcent of the cost of the
remaining improvements.
25. The Conditional Use Permit for a planned unit development Pinal Site Plan, to allow thc
subdivision of approximately 14.5 acres of land to create a two-phased, 17 lot, planned unit
development for commercial uses, shall be approved prior to Final Plat approval.
Thc preliminary approval of this subdivision shall be effective for three (3) ycars from the
datc of adoption of this document by the City Commission. At the end of this period the City
Commission may, at the written request of the subdivider, extend its approval as provided for in the
Bozeman Area Subdivision Regulations.
DATED this 18th day of May , 1998.
BOZEMAN CITY COMMISSION
ATTEST: APPROYFfD AS TO FORM:
e~ ~~ ! /1
-,~
Ro bin L. Sullivan
Clerk of the Commission
Findings of Fact and Order Page 15