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HomeMy WebLinkAbout99- Bridger Peaks Town Center .. . . , , BRIDGER PEAKS TOWN CENTER MODIFICA TlON TO CONDITIONS FINDINGS OF FACT AND ORDER BEFORE THE BOZEMAN CITY COMMISSION GALLATIN COUNTY, MONT ANA IN THE MATTER OF THE APPLICATION OF BRIDGER FINDINGS OF FACT PEAKS LLC FOR AMENDMENT OF CONDITIONS AND ORDER OF APPROVAL FOR BRIDGER PEAKS TOWN CENTER PURSUANT to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-625, Montana Codes Annotated, and the Bozeman Area Subdivision Regulations, Bozeman Area Master Plan, and Bozeman Zoning Ordinance, the Bozeman City Commission reviewed the request to modifY the conditions of approval for a filed plat for an 11 lot, two phase, major subdivision. The application for modification of conditions was submitted in its original form by the applicant on June 29, 1999, P-9918A. The subdivision has been developed in conjunction with a Zoning Planned Unit Development, Z-98113, which application and materials were submitted simultaneously with the original subdivision application, P-9833. It appeared to the City Commission that all parties wishing to appear and connnent were given the opportunity to do so at a public hearing, and as the City Commission was fully advised of all matters having come before it regarding this application, makes the following Findings of Fact, as required: FINDINGS OF FACT 1. The application submitted by Bridger Peaks LLC for approval to modifY the conditions of approval on a subdivision of21.43 acres, owned by Bridger Peaks LLC, comprising eleven lots in two phases on property located in the NW ~ of Section 1, T.2S, R.5E, PMM, Gallatin County, Montana, was made on June 29, 1999. All lots in the subdivision are for commercial purposes and uses as allowed by the applicable zoning regulations. The land has been previously reviewed and approved for subdivision. The final plat has been filed and such conditions as were deemed necessary to mitigate negative impacts were imposed at the time of preliminary plat. The application is for the purpose of modifYing three ofthe original conditions of approval to allow the applicant to begin the construction of buildings prior to the completion ofthe off-site street and traffic signalization improvements necessary to serve the subdivision. 1 -- ---------.----..-- . . . . . . BRIDGER PEAKS TOWN CENTER MODIFICA TlON TO CONDITIONS FINDINGS OF FACT AND ORDER II. The connnents of the Development Review Committee, along with those of the City-County Planning Staff, were incorporated into a Staff Report, including suggested wording for the modified conditions of approval, which was provided to the Bozeman City Commission for consideration at their August 16, 1999 regular evening meeting. III. The Bozeman City Planning Board did not review this application as the subdivision had previously been found in compliance with the master plan and the modifications requested would not impact its master plan compliance. IV. The application was considered by the Bozeman City Commission at their regular meeting on August 16, 1999, at which time the recommendation of the Development Review Committee was reviewed by the City of Bozeman Office of Planning and Community Development Staff. V. The application was considered by the Bozeman City Commission and weighed against the review criteria established by Statute, and found as follows: A PRIMARY REVIEW CRITERIA AGRICULTURE: This project has been previously subdivided for commercial uses. The property has been master planned for urban development since at least 1990 and was changed in 1997 to a Corrnnercial master plan designation. No impact is anticipated from the development. AGRICULTURAL WATER USER FACILITIES The necessary conditions to protect the existing facilities were imposed with the original subdivision No changes are being made which will impact the facilities, no impact is anticipated from the development. LOCAL SERVICES No additional impacts are anticipated from the modified conditions. Health and safety must be addressed as detailed in that section. EFFECT ON THE NATURAL ENVIRONMENT No adverse effects are expected from the requested change in conditions. All concerns were addressed in the review of the original subdivision. WILDLIFE AND WILDLIFE HABIT AT No adverse effects are expected from the requested change in conditions. AU concerns were addressed in the review of the original subdivision. 2 . . . . . BRIDGER PEAKS TOWN CENTER MODIFICA nON TO CONDITIONS FINDINGS OF FACT AND ORDER PUBLIC HEALTH AND SAFETY Police and Fire protection are currently available to this site. The Police stated in their original comments on this subdivision that they are concerned with the traffic patterns in and around the subdivision. They noted that without signalization of the Oak Street and N. 19th intersection and other improvements to N. 19th Ave. the likelihood of serious accidents is increased. They also noted that improvements should be made in conjunction with the development of the project. Over 8,000 additional vehicle trips per day are estimated to be generated by the development of this subdivision at full buildout according to the materials submitted with the original subdivision application. The existing roads and intersections in the area are not capable of carrying the additional traffic load. Improvements to the N. 19th Ave. and Oak Street intersection and other areas must be completed in order to allow the safe movement of traffic in this area. Section 16.18.050.D.7 establishes a minimum function level of level of service "C" for arterial intersections. The applicant was given the option of financially guaranteeing the required improvements or waiting until they were installed before filing the final plat. The necessary improvements were financially guaranteed prior to the filing of the final plat. The applicants requested with the original PUD to be allowed to proceed with the construction of buildings prior to the final acceptance of all of the various project related on and off-site improvements. The commencement of construction on four lots prior to the installation of off-site transportation improvements was allowed if said improvements were properly financially guaranteed. Adequate provisions for emergency vehicular access had to be made and no combustible building materials could be utilized until the water improvements were installed, accepted, and are functional. These requirements have all been met. The issuance of full building pennits will create a situation similar to that of the Chamber of Commerce site where occupancy is not allowable since off-site improvements are not completed after substantial investment in the building has been made. A compromise appears to be available. The release of foundation only permits on all lots prior to the completion of off-site improvements will allow the applicants to complete the most weather sensitive portion of construction prior to winter. If foundations are installed the establishment of finish grade and the completion of site grading and asphalt site work may also be done this year. This will allow a much more rapid completion time next spring with a correspondingly earlier opening of the businesses. The issuance of full building pennits for completion of the buildings may not proceed until the traffic signal has been installed, accepted by the Montana Department of Transportation and is operational. This will avoid a circmnstance where completed buildings must sit idle. The completed and operation traffic signal will provide for public safety when the completed buildings are granted occupancy. 8. COMPLIANCE WITH SURVEY REQUIREMENTS PROVIDED FOR IN PART 4 OF THE MONT ANA SUBDIVISION AND PLATTING ACT. The survey requirements have been complied with. e. COMPLIANCE WITH THE BOZEMAN SUBDIVISION REGULATIONS Final plat has been filed to create the lots. The modifications are being processed in compliance with the regulations. D. COMPLIANCE WITH THE REQUIRED SUBDIVISION REVIEW PROCEDURES. The application complies with the subdivision review procedures. E. PROVISION OF EASEMENTS FOR THE LOCATION AND INSTALLATION OF ANY PLANNED UTILITIES. The necessary provision of utilities has been provided with the original plat. F. PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEL Legal and physical access has been provided to each lot through the original platting process. VI. 3 . . . . ". BRIDGER PEAKS TOWN CENTER MODIFICA TlON TO CONDITIONS FINDINGS OF FACT AND ORDER Following discussion by the City Commission, the City Commission found that the proposed subdivision complies with the Bozeman Area Master Plan, Bozeman Area Subdivision Regulations, and the Bozeman Zoning Ordinance, if certain conditions were imposed. The evidence that justifies the conditions is that the development will cause deleterious effects on the transportation system which must be offset; transportation improvements must be designed and constructed to City and State standards; all off-site improvements required must be constructed prior to the completion of buildings to ensure the protection of the public health and safety. ORDER IT IS HEREBY ORDERED that the modifications of conditions for the Bridger Peaks Town Center subdivision be therefore approved allowing construction of certain building elements prior to completion of all off-site work, and the original conditions of approval to be modified to read as follows: 13. Prior to filing of any plat, the intersection improvements and signalization of the intersection of North 19th and Oak Street to bring the level of service of the intersection to a level "C" considering a 15 year design time frame, shall be financially guaranteed or constructed. Prior to issuance of temporary or permanent occupancy of any buildings the improvements and signal shall be in place and operational. Building permits for lots 2, 5, 8, and 11 may be issued if the intersection geometric improvements and signalization are financially guaranteed. Building permits,Jor foundations only, for all other lots may be issued when the intersection geometric improvements and signalization are financially guaranteed and the contracts for construction of the geometric improvements have been signed by all parties. Full building permits for all other lots may be issued when the intersection geometric improvements and signalization are completed, accepted, and the traffic signal is operational. 14. Oak Street shall be widened to include a second west bound lane and curb and gutter in accordance with plans available from the office of the City Engineer for the full length of the property prior to filing ofthe final plat for Phase I. The developer's engineer shall provide for the design ofthe storm drainage facilities for the widening. The applicant may choose to financially guarantee these improvements. Buildings shall not receive temporary or permanent occupancy until such time as the improvements are completed and accepted by the City and the Montana Department of Transportation. 20. Prior to the issuance oftemporary or permanent occupancy of any building all improvements required for Phase I and Phase II of the subdivision shall be constructed and operational including 1) water and sewer main extensions, 2) public/private streets, curb/gutter, sidewalks and related storm drainage infrastructure and 3) intersection and signalization improvements to the intersection of Oak Street and North 19th Avenue. 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. 4 .. . - ~ . . BRIDGER PEAKS TOWN CENTER MODIFICA TlON TO CONDITIONS FINDINGS OF FACT AND ORDER DATED this 7th day of September .1999. BOZEMAN CITY COMMISSION By: ~ 8Jcr-" Marcia B. Youngman, Mayor (92:./ ~ Robin L. Sullivan Clerk of the Commission 5