HomeMy WebLinkAbout99- Baxter Creek Business Park PUD Subdivison
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BEFORE THE BOZEMAN CITY COMMISSION
CITY OF BOZEMAN, MONT ANA
IN THE MATTER OF THE APPLICATION OF
MONTANA RANCH PROPERTIES; INC.; TRIPLE FINDINGS OF FACT
TREE, LLC; AND GARDINER GREEN, JR. FOR AND
PRELIMINARY PLAT APPROVAL OF THE ORDER
BAXTER CREEK BUSINESS PARK PUD SUBDIVISION
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, the Bozeman City
Commission reviewed the proposed Preliminary Subdivision Plat with Variances from the Bozeman
Area Subdivision Regulations for the Baxter Creek Business Park PUD Subdivision to subdivide
17.56 acres into eight (8) tracts for commercial development in conjunction with a zoning Planned
Unit Development, as submitted by the applicants, Montana Ranch Properties, Inc., 8.333% interest;
Triple Tree, LLC, 8.333% interest; and Gardiner Green, Jr., 83.334% interest, 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. The Commission also considered the recommendation ofthe 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 at the public hearing 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 Commission makes the following findings of Fact, as required:
FINDINGS OF FACT
I.
The application for the subdivision was made on March 30, 1999. Supplemental
information to make a complete submittal was received on April 30, 1999. The application will
subdivide 17.56 acres into eight (8) tracts for commercial development in conjunction with a zoning
Planned Unit Development. The application included the request to relax various regulations in the
Bozeman Area Subdivision Regulations, through the Planned Unit Development process.
II.
After finding the application was properly submitted and reviewed under the procedures of
the Bozeman Area Subdivision Regulations, the application was considered by the Bozeman City-
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County Planning Board at their public hearing on June 2, 1999. No members of the public were
present to testifY for or against the subdivision, and no letters of testimony regarding the subdivision
were received.
The Board found that the application had been properly noticed, as all adjacent property
owners were notified of the hearing via certified mail, and the notice was published in the Bozeman
Daily Chronicle. Upon three calls for public testimony, and hearing none, the public comment
portion of the hearing was closed. As noticed in the public notice, no additional public testimony
would be accepted by the City Commission.
The Board discussed the results of the traffic study prepared for the subdivision which
indicated that left turn movements onto Huffine Lane from Competition Drive and Cottonwood
Road will operate at a level of service "F", and heard testimony from the applicants' engineer on
recent new traffic counts. The Board concluded that proposed conditions numbers 15 and 16
adequately address the concerns raised in the traffic study.
The Board reviewed the relaxation of various regulations, and supported the relaxation of the
interior street right-of-way widths from 60-feet to 50-feet, as long as the streets are a public access
easement, owned and maintained by the property owners association, and not a dedicated right-of-
way. The Board also supported the reduction of the constructed width of interior streets from 37- feet
to 30-feet; and further, supported the allowance of sidewalks adjacent to open space to be
constructed within one (1) year of final plat filing, and sidewalks adjacent to lots to be constructed
at the time the lots are constructed on, or within three years of final plat filing.
The applicants' engineer advised the Board that proposed condition 20 will not allow gravel
trucks to use Durston Road from the existing Valley West gravel pit to access Cottonwood Road and
this subdivision. The Board agreed that the condition should be amended to allow the use of Durst on
Road for gravel trucks from the gravel pit to the subdivision.
After finding the application in general compliance with the required criteria established in
Title 76-3-608, M.C.A. for the review of preliminary subdivision plats, and considering the public
comments, both oral and written, and the requests of the subdivider, the Board, on a vote of 6-0,
forwarded the application to the Bozeman City Commission with a recommendation of conditional
approval.
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III.
The application was considered by the Bozeman City Commission at their regular meeting
on June 21, 1999. At the meeting, the subdividers' representative informed the Commission ofthe
subdividers' agreement with the conditions recommended by the Planning Board.
The Commission considered the relaxation of subdivision regulations, and found that private
streets owned and maintained by the property owners association could be built to a less than a city
standard without negatively affecting the public's health, safety, and welfare. The Commission
further found that allowing the sidewalks to be installed as proposed would not negatively affect the
public's health, safety and welfare, as this is a commercial subdivision and the immediate need for
sidewalks is less critical than in a residential subdivision.
IV.
The subdivision was weighed against the review criteria established by state statute, and the
following was found:
A. PRIMARY REVIEW CRITERIA.
1. Effects on Agriculture. Approximately 12 acres of the site are planted in grain crops,
and 1.1 acres are used for pasture. The remainder of the site is vacant. The land is
on the very west edge of the City of Bozeman, has been annexed, and planned for
business park development in the Bozeman Area Master Plan, which determined that
the most appropriate use for this property is for business park and industrial uses.
Existing fencing along the development's west and north boundaries must be
maintained to protect the adjacent agricultural uses.
2. Effects on Aljricultural Water User Facilities. Baxter Creek, a combination
stream/ditch which carries irrigation water to down stream users, bisects the property,
and will be relocated to its original location as part of the project. The approval 0 f
required permits should ensure there will be no negative effects on agricultural water
user facilities. Storm water treatment structures will be used to mitigate sediment
contribution into Baxter Creek.
3. Effects on Local Services. No detrimental effects on local services were identified.
However, buildings may be required to be fire sprinklered due to the delayed
response time from the fire station to the property. Water rights or cash in-lieu
thereof must be submitted prior to final plat approval to address the projected water
use of the subdivision. Street lights must be installed to discourage criminal activity,
as the subdivision is isolated from the remainder of the city.
The traffic study for the subdivision shows that left turn movements onto Huffine
Lane from Competition Drive and Cottonwood Road will operate at a level of service
"F" with long delays occurring. Prior to final plat approval, the subdivider must
provide plans that will bring the level of service of the Cottonwood Road/Huffine
Lane and Competition Drive/Huffine Lane intersections up to a minimum level of
service "D". No construction on the subdivision can begin until the plans for these
upgrades are approved, and no building permits will be approved until the upgrades
have been implemented.
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The subdivider must provide a warrant analysis for the intersection of Cottonwood
Road and Huffine Lane. If a signal is warranted, it must be in place prior to final plat
approval, or financially guaranteed. If the signalization is warranted and financially
guaranteed, no buildings permits will be issued until the signal is in place, to ensure
the public's safety. If a signal is not warranted, the subdivision must file a Waiver
of Right to Protest Creation of Special Improvement Districts for the signalization,
and financially guarantee 20% of the estimated cost of the signal. This financial
guarantee will be held until litigation on impact fees is resolved, and if the currently
scheduled value of impact fees are determined to be enforceable, the financial
guarantee will be released.
4. Effects on the Natural Environment. Effects of the subdivision on the natural
environment are minimal due to the proposed drainage control system and flat grades
on site. Weeds will be controlled in accordance with the Weed Control Plan
approved by the County Week Control District.
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. The final plat cannot be filed until
improvements are made to address the level of service at the intersections of Huffine
Lane/Cottonwood Road and Huffine Lane/Competition Drive. Sidewalks should be
installed in the open space areas within one year of final plat approval, and on each
lot at the time the lot is constructed, or within three years of final plat approval,
whichever first occurs. Mechanical or electrical devices used during dewatering
which create loud noise cannot be operated between the hours of9:00 p.m. and 7:00
a.m., if the noise unreasonably interferes with the health, comfort, safety or welfare
of any inhabited dwelling unit in the surrounding area. Construction related traffic
associated with the development of and within the subdivision must be routed to and
from the site using major roads, and may not use residential streets.
B. COMPLIANCE WITH SURVEY REQUIREMENTS PROVIDED FOR IN
PART 4 OF THE MONTANA SUBDIVISION AND PLATTING ACT.
The subdivision complies with the survey requirements of the Act, and the survey
requirements will be complied with when the final plat is filed.
c. COMPLIANCE WITH BOZEMAN AREA SUBDIVISION REGULATIONS.
With conditions and relaxations through the PUD process, the subdivision will
comply with the requirements of the Bozeman Area Subdivision 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 Daily Chronicle.
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 will be provided to each parcel from existing streets. The
level of service on Huffine Lane must be adequately addressed prior to final plat
approval.
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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 Baxter Creek Business Park PUD
Subdivision will comply with the requirements of the Bozeman Area Subdivision Regulations and
the Montana Subdivision and Platting Act if certain conditions are imposed, and with the relaxation
of regulations through the PUD process. The findings justify that conditions be imposed on the
subdivision to ensure that the subdivision's effects on the primary review criteria are mitigated by
requiring the final plat to comply with all regulations, and that appropriate and safe vehicular and
pedestrian circulation, public access, and utility easements 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 of the date
of this document by following the procedures of Section 76-3-625, M.C.A.
This preliminary plat approval shall be effective for a period of three (3) years. Extensions
may be requested by the subdivider, as provided in the Bozeman Area Subdivision Regulations.
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 March 30,
1999, and as amended/supplemented on April 30, 1999. This approval includes the
relaxation of the following regulations. All provisions of the Subdivision and Zoning
regulations which are not specifically waived under this condition shall be complied
with.
a. Reduction of the minimum lot size of BP, Business Park Zoning District
from one (I) acre to approximately three-quarters of an acre.
b. Reduction of the 35-foot front yards on interior streets for parking and
buildings to 25 feet for buildings and 10 feet for parking, and 25-foot rear and
side yards to 15 feet for parking.
c. Reduction of the interior street right-of-way widths from 60-feet to 50-feet,
as conditioned to require the streets to not be dedicated right-of-way, but to
be a public access easement, owned and maintained by the property owners
association.
d. Reduction of the constructed width of interior streets from 37-feet to 30 feet.
e. To allow Lots 5 and 6 to have less than the required ISO-foot street frontage.
r. To allow sidewalks adjacent to open space to be constructed within one (1)
year of final plat filing, and sidewalks adjacent to lots to be constructed at the
time the lots are constructed on, or within three years of final plat filing
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2. The final subdivision plat shall conform to all requirements of the applicable
Subdivision Regulations and the Uniform Standards for Final Subdivision Plats,
show all existing and new easements, and be accompanied by all appropriate
documents, certification by the State Department of Environmental Quality
Subdivision Program, a final platting certificate which is issued not less than 30 days
prior to the date the final plat application is submitted, all required certificates, and
utility statement. The Certificate of Treasurer must be amended to use the correct
certificate, and the Certificates of Planning Director and Director of Administrative
Services deleted. The appropriate number of 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 3-1/2" 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 the subdivision. This approval period may be
extended by the City Commission upon request of the applicant as permitted in the
subdivision regulations.
4. The final PUD plan must be submitted to and approved by the City prior to final plat
approval, and the approved Development Guidelines and Covenants filed with the
final plat of the subdivision.
5. The property owners shall provide and file with the final subdivision plat a Waiver
of Right to Protest Creation ofSIDs for Fallon Street, including paving, curb/gutter,
sidewalk, and storm drainage. The Waiver shall specify that in the event SIDs 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 ofthe 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.
6. 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 ofthe 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.
7. All streets within the proposed subdivision shall be private, and the final plat shall
provide 50-foot wide Public Access Easements for the streets rather than dedicated
rights-of-way. All private streets shall be posted "No Parking", and Montana Power
Company standard street lights shall be installed on all private streets at the time the
streets are constructed.
8. This subdivision shall be served by city water. If this involves connection of the J.e.
Billion water system to the City of Bozeman water system, the Billion system must
first be accepted by the City. If the requirements for acceptance of the system cannot
be met, other means of connection to the city water system as approved by the City
Engineer shall be implemented. If the Billion system is accepted by the city, the
transfer of the system shall be formally completed by means of a dedication, and such
dedication shall include an indemnification clause as approved by the City Attorney.
9. All infrastructure improvements including a) water and sewer main extensions and
b) streets, sidewalks, and related storm drainage infrastructure improvements, shall
be financially guaranteed or constructed prior to final plat approval. No building
permits will be issued for the subdivision until all required on-site and off~site
water, sewer, street and transportation improvements are completed and
accepted by the City of Bozeman.
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Plans and specifications and a detailed design report for water and sewer main
extensions, storm sewer and public and/or private streets, and culvert sizing design
calculations for the stream crossing, prepared by a Professional Engineer, shall be
provided to and approved by the City Engineer and the Montana Department of
Environmental Quality. The subdivider 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.
10. City standard sidewalks shall be constructed on all street frontages one foot off the
property line, or as otherwise approved by the City Engineer, at the time the lots are
constructed on, or within three years of final plat filing, whichever occurs first. The
sidewalks adjacent to open space and the sidewalk within the US 191 corridor shall
be constructed by the developer within one year of final plat filing. City sidewalk
permits must be obtained, if applicable, prior to installation of the sidewalks.
11. 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.
The Master Plan must depict the maximum sized retention basin location, show
location of and provide easements for adequate drainage ways within the subdivision
to transport runoff to the storm water 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 storm water
maintenance plan.
Any storm water ponds located within a park or open space area shall be designed
and constructed to be conducive to the normal use and maintenance of the open
space. Ponds which serve the common infrastructure in the subdivision shall
not be installed on private lots.
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 on the final site plan for each lot.
The final plan shall provide a storm drainage easement for the drainage swale
serving Lots 2 through 6 along the west property lines.
12. The 100 year flood plain boundary and flood elevations shall be shown on the final
plat. 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 proj ect, and any
required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained for the
subdivision work as well as for the creek relocation and crossing(s). 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 the stream must be shown on the final plat.
13. Written easements, a minimum of 3D-feet wide, for the water and sewer main
extensions not located within public right-of-way shall be provided to and accepted
by the City Engineer prior to installation of the utility. The utility sinll be located in
the center of the easement, and in no case shall t 11':' utility be less than 10 feet from
the edge of an easement.
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14. Water rights or cash in-lieu thereof shall be provided when the application for the
final plat is submitted, as agreed to in the Annexation Agreement filed in the office
of the Gallatin County Clerk and Recorder.
15. Pursuant to Section 18.54.060.B.3.v.C. of the Bozeman Zoning Ordinance and
SectionI6.18.050.D.7.d.3. ofthe Bozeman Area Subdivision Regulations, under no
conditions will less than level of service "D" be acceptable for left turn movements
onto Huffine Lane from Competition Drive and Cottonwood Road. The applicant
shall provide plans, acceptable to the Director of Public Service and the Montana
Department of Transportation, that will bring the level of service of the Cottonwood
Road/Huffine Lane and the Competition Drive/Huffine Lane intersections up to a
minimum level of service of liD". The level of service with the mitigating measures
in place will be certified by the applicant's engineer to the city. No construction
shall begin until such time as the plans for these upgrades are approved and
further, no building permits will be approved until the upgrades have been
implemented.
16. The applicant shall complete a warrant analysis for the intersection of Cottonwood
Road and Huffine Lane. If a signal is warranted, the signal shall be in place prior
Final Plat approval. As an alternative, the Final Plat may be approved if the
signal is financially guaranteed in an amount of 150% of the estimated cost of
the entire signalization, but under no circumstance will building permits be
issued until the signal is in place.
If a signal is not warranted at the time of application for final plat approval, the
applicant shall file with the Clerk and Recorders office an executed Waiver of Right
to Protest Creation of an SID for the signalization. The documents filed shall specify
that in the event an SID is not utilized for the completion of these improvements, the
applicant agrees to participate in an alternate financing method selected by the City
for the completion of said improvements on a fair share, proportionate basis as
determined by square footage of property, taxable valuation ofthe property, traffic
contribution from the development or a combination thereof. Such SID or such
alternative financing method as may be utilized, may be implemented in conjunction
with the expenditure of development impact fees. If at the time of application for
final plat approval development impact fees are limited or unavailable for any
reason, the applicant will provide cash or a negotiable instrument to the City in the
amount of one and one-half times the property owner's proportionate share,
stipulated by the parties to be twenty percent (20%), of the estimated cost of a signal.
Such negotiable instrument shall be separate and distinct from any financial
guarantee provided as security for any improvements agreement executed pursuant
to Condition number 9 above. Such negotiable instrument must be payable on
demand, and unconditional. If, prior to construction of the signal, the scheduled
value of impact fees are determined to be enforceable, the cash or negotiable
instrument securing the applicant's proportionate share of the cost of the signal shall
be released.
17. The applicant shall obtain an access permit from the Montana Department of
Transportation for Competition Drive and comply with all requirements of the permit
in addition to the other conditions of preliminary plat approval. A copy of the access
permit shall be submitted to the City Engineer prior to construction of Competition
Drive.
18. A note shall be added to the final plat that references the presence of high
groundwater in the area, and that structures with basements are not recommended.
19. A 25-foot wide public trail easement shall be shown on the final plat, with the
easement being located on one side of the Baxter Creek corridor open space. The
developer shall construct a five-foot wide trail surfaced with natural fines within the
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easement, and the trail shall align to connect with the trail originating at Huffine Lane
and continuing north along the west side of the trail to be constructed in the Billion
Auto Plaza subdivision. If the trail corridor and trail cross the creek, a foot bridge
shall be installed by the developer, after appropriate permits are obtained (310, 404,
etc.). The design of the bridge shall be approved by the Recreation and Parks
Advisory Board prior to construction. The trail shall either be constructed or
financially guaranteed prior to final plat approval. Iffinancially guaranteed, the trail
shall be installed within nine (9) months of final plat approval.
20. All contractors shall be advised by the subdivider that all construction related traffic
associated with the development of and within the Baxter Creek Business Park shall
be routed to and from the site via Huffine Lane, and that West Babcock Street east
of Ferguson Road, and none of Durston Road be shall be utilized for construction
traffic, with the exception of construction traffic from the Valley West Gravel Pit to
the site.
21. The proposed 25-foot wide right-of-way at the east side of Lot 7 shall be increased
to a 50-foot wide public access easement to provide adequate access to the property
to the north, unless a 25-foot wide public access easement is obtained from the
property owner to the north. A copy of the recorded easement shall be submitted
with the final plat application. This street shall be named and constructed to the same
standard as Norton Street and Competition Drive.
22. During construction of the infrastructure for the subdivision, mechanical or electrical
devices which create a loud, raucous or pulsating sound shall not be operated
between the hours of 9:00 p.m. and 7:00 a.m. of the following day if the noise
emanating from the device(s) unreasonably interferes with the health, comfort, safety
or welfare of any inhabited dwelling unit in the surrounding area. Vehicles and
equipment utilized to clear snow are exempted from this condition.
DA TED this 7th day of September ,1999.
BOZEMAN CITY COMMISSION
By: ~ ~~
Marcia Y oungma1{, Mayor
ATTEST: APPROVED AS TO FORM:
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Robin L. Sullivan
Clerk of the Commission
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