HomeMy WebLinkAbout98- Gallatin Center Limited Partnership
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BEFORE THE BOZEMAN CITY COMMISSION
CITY OF BOZEMAN, MONTANA
IN THE MATTER OF THE APPLICATION OF
GALLATIN CENTER LIMITED PARTNERSHIP
FOR THE PRELIMINARY SUBDIVISION PLAT FINDINGS OF FACT
APPROVAL OF A SUBDIVISION P.U.D. TO AND
DIVIDE 142 + /- ACRES INTO 27 LOTS FOR ORDER
COMMERCIAl/INDUSTRIAl/BUSINESS PARK
USES.
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, the Bozeman City Commission reviewed the proposed Preliminary
Subdivision Plat for the further division of Lot 3, Minor Subdivision #210, and Tract
0-2, C.O.S. 1827, being 142 + /- acres located west of North 19th Avenue, north and
south of Valley Center Road, and north of Baxter Lane, to create 27 lots for
commercial/industrial/business uses, 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, and in addition, to consider the recommendation 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 comment before the Bozeman City-County Planning Board were given the
opportunity to do so, and therefore, being fully advised of all matters having come
before it regarding this application, the City Commission makes the following Findings
of Fact, as required:
FINDINGS OF FACT
I.
The application for the subject subdivision was made in conjunction with a
zoning Planned Unit Development application on June 29, 1998. The application will
create 27 lots for commercial/ industrial/business development in conjunction with a
zoning Planned Unit Development.
II.
After finding the application was properly submitted and reviewed under the
procedures of the Bozeman Area Subdivision Regulations, the application was
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FINDINGS OF FACT AND ORDER PA GE 1
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considered by the Bozeman City-County Planning Board at a public hearing on August
18, 1998. Two members of the public spoke at the hearing, the first a representative
of the residents of Thomas Drive who expressed concern regarding wildlife in the area
and the proposal to turn Thomas Drive into the southbound lane of North 27th Avenue.
The representative indicated the adjacent property owners will resist any attempts to
annex their properties and to utilize Thomas Drive as right-of-way for North 27th
Avenue. It was made clear that only a portion of Thomas Drive is dedicated right-of-
way, and that the majority is in private access easements. The second person, also an
adjoining property owner, requested she have input regarding the future alignment of
North 27th Avenue and Deadman's Gulch, as that alignment will affect how her
property can be developed.
The Board considered the public's comments and found that the proposed
alignment of North 27th Avenue and its construction as a collector, as anticipated in the
transportation plan, was in the best interest of the community. They indicated property
owners along Thomas Drive should be permitted access to North 27th Avenue once it
is constructed, but that Thomas Drive should not be abandoned. The Board indicated
the alignment of North 27th and Deadman's Gulch will be important to adjacent property
owners, and those adjoiners should be consulted during the design of the intersection.
After finding that the application complied with the required criteria established
in Section 76-3-608, M.C.A. for the review of preliminary subdivision plats, the Board,
on a vote of 9-0, forwarded the application to the Bozeman City Commission with a
recommendation of conditional approval.
III.
The application was considered by the Bozeman City Commission at their regular
meeting on September 8, 1998. Staff advised the Commission of an additional
condition that was proposed by the City Engineering Department, based on the Planning
Board's request that the intersection of North 27th and Deadman's Gulch be carefully
planned. This condition will require the applicant, during review of Phases II and III, to
provide a geometric design of the intersection that will take into account the need to
provide a safe "cross" intersection of these two collector streets, and that will also
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consider the impacts of the intersection alignment with the proposed development west
of the subdivision, and with the existing power lines.
The applicant's representative advised the Commission that they agreed with the
conditions recommended by the Planning Board as well as the new condition
recommended by the Engineering Department. The subdivision was weighed against
the review criteria established by Statute, and the following was found:
A. PRIMARY REVIEW CRITERIA
1 . Effects on Agriculture. The development of this subdivision will remove
142 acres, less the wetland area, from hay production. This property has
been annexed to the city, and it lies within the urban growth and sewer
service boundaries of the City. Further it is designated to develop as
commercial and industrial on the land use element of the 1990 Bozeman
Area Master Plan Update. This community adopted plan determined that
the most appropriate use for this property, once infrastructure is available,
is for commercial and industrial use. Existing fencing along the develop's
boundaries will be maintained as construction of the project proceeds, to
protect adjacent agricultural uses.
2. Effects on Aqricultural Water User Facilities. The proposed relocation of
East and West Catron Creeks must ensure that there are no effects on
downstream water users.
3. Effects on Local Services. Conditions should be added to the approval of
the subdivision to ensure appropriate easements, stormwater, water,
sewer and street improvements are provided by the developer. The
extension of North 27th Avenue, on the half section line, as a collector
street is in compliance with the Transportation Plan, and will ensure
appropriate future traffic circulation. The design of the intersection of
North 27th and Deadman's Gulch must be carefully reviewed to ensure
adequate access is provided to adjoining property.
As evidenced by the findings of the traffic study, prior to filing the plat for
Phases III and IV, intersection improvements and signalization of the
intersection of North 19th Avenue and Baxter Lane must be completed in
order to raise the level of service to a level of "C" for the designated
design year. No building permits will be issued for Phases III and IV until
the signal and intersection improvements are operational.
This subdivision was reviewed concurrently with a zoning planned unit
development for the same property. That review included the
construction of a large retail store on Lot 8, and traffic studies indicated
that it may be necessary for a traffic signal to be installed at the
intersection of Catron Street and Valley Center Road prior to opening of
the store. If the studies do not find that a light is needed at that time,
prior to filing the plat for Phase I and/or Phase II, intersection
improvements and signalization of the intersection of Catron Street and
Valley Center Road must be completed, or financially guaranteed, in order
to raise the level of service to "C" for the designated design year.
4. Effects on Natural Environment. Effects on the natural environment will
be minimal due to the proposed drainage control system and flat grades
on the site. The native grasses located near East and West Catron Creeks
and in the common open space lots will be maintained with drainage
easements. As the development will be served with municipal sewer, the
threat of groundwater degradation from onsite sewage disposal will be
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eliminated. Weeds will be controlled in accordance with the Weed
Control Plan approved by the County Weed Control District. The
relocation of the creeks can only be accomplished through the appropriate
permitting processes.
5. Effects on Wildlife and Wildlife Habitat. There are no critical wildlife or
wildlife habitat on the subdivision site or in the vicinity.
6. Effects on Public Health and Safety. Natural hazards particular to this site
include the potential for minor flooding from the creeks. Mitigation will
be attained primarily through setbacks from the streams. Man-made
hazards include existing utility poles along the right-of-way of Thomas
Drive. The construction of North 27th Avenue in this area will provide a
median along the utility poles. The proposed subdivision lies along the
western edge of the groundwater plume showing elevated levels of
tetrachloromethane (PCEI and other associated contaminants within the
Bozeman Solvent Site. Plume monitoring wells have been installed to
track this plume, and the most current data on the wells indicate that PCE
concentrations are all below the acceptable maximum contaminant level.
Treatment of processed water from construction dewatering may be
required by appropriate agencies. Municipal water lines will be protected
from contact with groundwater, will be disinfected prior to use, and will
meet the minimum leakage requirements of the City and Department of
Environmental Quality.
The subdivision will provide adequate pedestrian transportation routes
through designated open space areas.
B. COMPLIANCE WITH SURVEY REQUIREMENTS PROVIDED FOR IN PART
4 OF THE MONT ANA SUBDIVISION AND PLATTING ACT.
The subdivision complies with the survey requirements of the Act, and
the survey requirements will be further provided for will be complied with
when the final plat is filed.
C. COMPLIANCE WITH BOZEMAN AREA SUBDIVISION REGULATIONS.
With conditions, the final plat will comply with the Regulations.
D. COMPLIANCE WITH THE REQUIRED SUBDIVISION REVIEW
PROCEDURES.
The public hearing before the Planning Board was properly noticed, as
required in the Subdivision Regulations. The notice was mailed to all
adjoining property owners by Certified Mail, and the notice was published
in the Bozeman Dailv Chronicle on August 2, 1998. All other process
requirements have been followed.
E. PROVISION OF EASEMENTS FOR THE LOCATION AND INSTALLATION
OF ANY PLANNED UTILITIES.
All utilities and necessary utility easements will be provided.
F. PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEl.
Legal and physical access to each parcel will be provided, either from
existing limited access roads, or from new subdivision streets. All
accesses to North 19th and Valley Center must be permitted from
appropriate agencies.
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ORDER
After considering all matters of record presented at the public hearing and
meeting, the Commission found that the proposed preliminary plat for the Gallatin
Center Planned Unit Development will comply with the requirements of the Bozeman
Area Subdivision Regulations and the Montana Subdivision and Platting Act subject to
conditions. The evidence as stated in the Findings of Fact, justifies the conditions
imposed on the subdivision to ensure that the final plat complies with all regulations,
that appropriate and safe vehicular and pedestrian circulation is provided, and adequate
public access, utility easements, and rights-of-way are provided.
THEREFORE, IT IS HEREBY ORDERED, on a vote of 5-0, that the subject
subdivision be 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 approval of this subdivision/zoning PUD is based on the proposal
contained in the submittal application received by the City-County
Planning Office on June 29, 1998. This approval includes the relaxation
of the following regulations:
a. Up to a zero side yard setback, to give flexibility for the
location of future structures and encourage clustering of
buildings
b. Increase in size and number of freestanding signs proposed
at the entry locations to the development. Individual
lots/buildings would be restricted to the square footage of
signs permitted in the Sign Code
c. Allow the temporary cul-de-sac on Deadman's Gulch to
exceed 500-feet
d. Allow a building permit for the Target store on Lot 8, Block
1 without the completion of site sewer and water
improvements and prior to filing of the final plat for the
subdivision only if adequate fire protection is provided, as
required by the Fire Marshal for the Target Store. The
Target store may not open to the public until adequate
municipal water and sewer infrastructure and appropriate
access is provided to the site.
e. Allow a reasonable installation sequence of sidewalks, due
to the long term nature of the project
f. Use alternate paved road standards, with no curb or gutter
All provisions of the Subdivision and Zoning regulations which are not
specifically waived under this condition shall be complied with.
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2. The final subdivision plat shall conform to all requirements of the Bozeman
Area Subdivision Regulations (August 1997 version) and the Uniform
Standards for Final Subdivision Plats, show all existing and new
easements, all existing applicable restrictions as shown on Minor
Subdivision No. 210, and be accompanied by all appropriate documents,
certification by the State Department of Environmental Quality Subdivision
Program, a final platting certificate, all required certificates, and utility
statement. The Certificate of Dedication must indicate that the
roadways dedicated to the public are accepted for public use, but the City
accepts no responsibility for maintaining the same, and that the owners
agree that the City has no obligation to maintain the roads hereby
dedicated to public use. Appropriate Certificates of Mortgagees must be
signed by all lien holders on the property. Two c10thback (or equivalent)
and mylar (or equivalent) 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 % -inch floppy disk.
3. The developer shall have three (3) years from the date of preliminary plat
approval to complete the conditions, conform to all regulations, and
submit a complete application for Final Plat approval for ALL PHASES of
the subdivision. This approval period may be extended by the City
Commission upon request of the applicant as permitted in the subdivision
regulations.
4. Prior to or concurrent with the filing of a plat for any phase of the
subdivision, the final PUD plan must be submitted to and approved by the
City, and the approved Development Guidelines and Covenants must also
be filed.
5. The final plat of each phase shall eliminate the proposed use of blocks, as
the block layout is associated with phases and not with the true alignment
of blocks. The use of continuous lot numbers with no block numbers is
acceptable in this instance.
6. Stop and street marker signs shall be installed at the intersections of
subdivision streets with Valley Center, North 19th Avenue, Baxter Lane,
and North 27th Avenue, as required during plan and specification review
by the City Engineer. No building permits, with the exception of the
Target Store, will be issued until street marker signs are installed for the
street on which the building permit is located.
7. The property owner shall provide and file with the final subdivision plat of
Phase I a Waiver of Right to Protest Creation of SIDs that is applicable to
the entire subdivision for the improvements specified herein. The Waiver
shall specify that in the event SlOs are not utilized for the completion of
these projects, the property owner(s) shall agree to participate in an
alternate financing method for completion of said improvements on a fair
share, proportionate basis as determined by the square footage of the
property, linear front footage of the property, taxable valuation of the
property, or combination thereof. Said Waiver shall be a covenant running
with the land and shall not expire.
a. Signalization of the Valley Center Road/North 19th Avenue
intersection
b. Signalization of the Catron Street/Valley Center Road
intersection
c. Street improvements to North 19th Avenue and Valley
Center Road
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d. Improvement of interior streets to city standards, if
necessary/desired
e. Creation of a city-wide park maintenance district
f. Intersection/signalization improvements to Deadman's Gulch
and North 19th Avenue, and
g. Installation of additional south bound lanes on North 19th
A venue
8. Prior to application for final plat approval, the subdivider shall enter into
a Memorandum of Understanding with the Gallatin County Weed Control
District, and a copy of the signed document shall be submitted to the
planning office with the final plat application. A Covenants shall be
placed on the final plat requiring the property owner(s) and/or Property
Owner's Association to be responsible for the control of County declared
noxious weeds.
9. A Storm water 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 prior to final plat approval of Phase I. This
plan must address the issues identified by the Montana Department of
Transportation in an August 4, 1998 letter to the Planning Office, and the
plan may be submitted by the City Engineer, at his discretion, to MDT for
their approval.
The master pian must depict the maximum sized retention basin location,
show location of an 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 storm water detention/retention basin and discharge structure
details, basin sizing calculations and a stormwater maintenance plan.
Any storm water ponds located within park or open space shall be
designed and constructed to be conducive to the normal use and
maintenance of the open space. While the runoff from the individual lots
will be dependent on the intensity of use on each lot, the maximum sizing
of the storm retention facilities for each lot will be established based on
maximum site development. Final facility sizing may be reviewed and
reduced during design review of the final site plan for each lot.
The applicant shall provide a phasing schedule for the installation of the
storm water improvements with the infrastructure plans.
10. Plans and specifications and a detailed design report for water and sewer
main extensions, storm sewer and the public/private streets, prepared by
a Professional Engineer, shall be provided to and approved by the City
Engineer and the Montana Department of Environmental Quality. The
applicant shall also provide Professional Engineering services for
construction inspection, post-construction certification, and preparation
of mylar record drawings. Construction shall not be initiated on the public
infrastructure improvements until the plans and specifications have been
approved and a pre-construction conference has been conducted.
With the exception of the Target store, no building permits shall be issued
prior to substantial completion and City acceptance of the required
infrastructure improvements. Prior to issuance of a building permit for the
Target store, "approvable" infrastructure plans for all infrastructure
associated with the Target Store shall be submitted to the City Engineer.
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11 . All infrastructure improvements including a) water and sewer main
extensions (with the exception of those proposed to be installed by SID
665), and b) public streets, sidewalks, and related storm drainage
i nfrastru ctu re improvements, shall be financially guaranteed or
constructed prior to final plat approval for each phase.
City standard sidewalks shall be constructed on all street frontages one
foot off the property line, or otherwise as approved by the City Engineer,
with the exception of the North 19th Avenue walk where the proposed
trail will be utilized, at the time of development of each lot. The
developer shall install, or financially guarantee, all sidewalks/trails prior to
filing of the final plat for each phase. City sidewalk permits must be
obtained, if applicable, prior to installation of the sidewalks.
12. The Montana Fish, Wildlife, and Parks, Natural Resource Conservation
Service, Montana Department of Environmental Quality and Army Corps
of Engineers shall be contacted by the applicant regarding the proposed
project, and any required permits (i.e., 310, 404, Turbidity exemption,
etc.) shall be obtained for the subdivision work as well as for the creek
relocations. Copies of the permits, or letters indicating permits are not
required, must be submitted to the Planning and/or Engineering Offices
prior to commencement of infrastructure construction or creek relocation.
A 35-foot setback from the mean high water mark of all streams must be
shown on all final plats.
13. Easements, a minimum of 30-feet wide, for the water and sewer main
extensions not located within public right-of-way shall be provided to the
City Engineer prior to installation of the utility. The utility shall be located
in the center of the easement, and in no case shall the utility be less than
10 feet from the edge of an easement.
14. All streets in the subdivision shall be privately maintained by the property
owners association, and the property owner documents must include a
mechanism to finance the maintenance.
15. As required by the Montana Department of Transportation, a combined
traffic impact statement that collectively reviews all impacts and provides
alternatives which will protect the integrity and safety of the North 19th
corridor shall be prepared and presented to them. Any mitigation required
in that study must be completed by the developers, as required by the
Department. This study must be completed prior to the filing of the final
plat for Phase I, and the findings and requirements of the Department
complied with prior to filing of the phase(s) said improvements are
required.
16. Prior to filing the plat for Phases III and IV, intersection improvements and
signalization of the intersection of North 19th Avenue and Baxter Lane
shall be completed in order to raise the level of service to a level of "C"
for the design year which shall be 1 5 years following construction of the
improvements. If at the time of platting Phases II and IV a signal is in
place, the applicant shall submit a traffic study that evaluates the level of
service and if the level of service is below a level of "0" the plat shall not
be filed until intersection and/or signal improvements are completed, or
financially guaranteed, to raise the level of service to level "C" for the 15
year design year. No building permits will be issued for Phases III and IV
until the signal and intersection improvements are operational.
17. Unless previously completed for the Target store, prior to filing the plat for
Phase I and/or Phase II, intersection improvements and signalization of the
intersection of Catron Street and Valley Center Road shall be completed,
or financially guaranteed, in order to raise the level of service to a level of
"C" for the design year which shall be 15 years following construction,
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unless Montana Department of Transportation and the City Engineer
determine that improvements are not required based on a warrant study
submitted by the applicant's engineer.
18. In conjunction with the construction of private/public street approaches
to North 19th Avenue, the applicant shall be responsible for modifications
of the striping of North 19th Avenue to accommodate left hand turn bays.
Intersection lighting at all private/public road intersections with North 19th
Avenue and Baxter Lane shall be provided. The applicant and property
owners association shall be responsible for the installation, maintenance
and operation of the lighting, and the Covenants shall be amended to
reflect that responsibility.
19. Water rights or cash in-lieu thereof shall be provided as each phase of the
subdivision if filed, as agreed to in the Annexation Agreement filed in the
office of the Gallatin County Clerk and Recorder.
20. At the time of plan and specification review of Phase II and Phase III, the
applicant's engineer shall provide a geometric design, in accordance with
acceptable standards, for the intersection of North 27th Avenue and
Deadman's Gulch Drive subject to the approval of the City Engineer. The
design shall take into account the need to provide a safe "cross"
intersection of these two collector streets and consider the impacts of the
intersection alignment with the proposed development to the west of the
subdivision and take into account the location of the existing power line.
The final plat shall dedicate all right of way required to provide for the
implementation of the approved design.
DA TED this 19th day of October , 1998.
CITY OF BOZEMAN
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ATTEST:
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ROBIN L. SULLIVAN
Clerk of the Commission
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