HomeMy WebLinkAbout95- Joseph Sabol at R.R. Nelson Property
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BEFORE THE BOZEMAN CITY COMMISSION
CITY OF BOZEMAN, MONT ANA
IN THE MATTER OF THE APPLICATION OF FINDINGS OF FACT
JOSEPH SABOL, ATTORNEY /REPRESENT A TIVE; AND ORDER
FOR PRELIMINARY SUBDIVISION PLAT APPLICATION
AND ZONING PLANNED UNIT DEVELOPMENT
APPLICA nON FOR R.R. NELSON PROPERTY.
PURSUANT to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-
614, Montana Codes Annotated, and the Bozeman Arca Subdivision Regulations, a public hearing
was held, after notice given, before the Bozeman City-County Planning Board on March 21, 1995,
and a public meeting before the Bozeman City Commission on April 3, 1995, on the above-entitled
applications. The purpose ofthc public hearing and meeting was to review the proposed preliminary
plat and the zoning application for a planned unit development (PUD), to allow "B-1" and "B-2" uses
in a "B-P" Zoning District, 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 ofthe Bozeman Zoning Ordinance as well as the Bozeman Area
Subdivision Regulations and the Montana Subdivision and Platting Act. In addition, both bodies
listened to public testimony concerning the applications and considered written comments.
It appeared to the City Commission that an parties wishing to appear and comment 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, the Commission makes the following Findings of Fact, as
required:
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FINDINGS OF FACT
I.
The applications for preliminary plat review and zoning planned unit development approval
for the RR Nelson property located north of US Highway 191 and west of the extension of Fow1cr
Avenue; being more particularly described as a portion of 1/4 Sec. 10, T2S, R5E, PMM, City of
Bozeman, Gallatin County, Montana; were made on January 13, 1995. The preliminary plat, as
proposed, will divide 28.0 acres into 71 lots, including common open space. The zoning planned unit
development will allow the "B-P Business Park" zoned property to be developed for uses beyond
what are listed as principal and conditional uses in a "B-P" zoning district.
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Notice of a public hearing before the City-County Planning Board and of a public meeting
before the City Commission was published in the Bozeman Daily Chronicle, on March 5, 1995; and
the notice was mailed by certified mail, return receipt requested, to all adjoining property owners.
lIT.
Both the preliminary plat application and the zoning planned unit development application
were heard before the Bozeman City-County Planning Board on March 21, 1995. Four members of
the public testified at the hearing on behalf of the applications.
IV.
After finding that the Preliminary Plat was properly submitted and reviewed under the
procedures of Section 16.08 ofthe Bozeman Area Subdivision Regulations and was in accordance
with the Bozeman City Zoning Ordinance and Master Plan, the Planning Board reviewed and
considered the five criteria established in Title 76-3-608, M.C.A., 1993.
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The Planning Board found that the preparation of a Community Impact Statement and
Environmental Assessment were not necessary as most of this information can be found in the
Bozeman Area Master Plan. Therefore, the Board granted a waiver of these requirements.
The Planning Board discussed the conditions and changed Condition # 18 (concerning storm
drainage) to incorporate the option of recording covenants requiring each lot owner to obtain City
review and approval of individual lot fmal site grading prior to obtaining a building permit. In
addition, the Board also deleted Condition #2 (concerning mid-block access from Fowler A venue,
south of Fallon) and approved the proposed mid-block entries.
The Planning Board found that the subdivision would comply with the review criteria, and the
planned unit development would comply with the PUD and CUP review criteria; therefore, they
referred the applications to the Bozeman City Commission for their final decision, with a
recommendation of conditional approval in Resolution Nos. P-9504 and Z-9525.
V.
The matter pertaining to Resolution No. P-9504 was considered by the City Commission at
a public meeting at 3:00 p.m. on April 3, 1995. The applicant indicated to the Commission
concurrence with all conditions recommended by the Planning Board.
VI.
The Bozeman City Commission considered the minutes, record and recommendation of the
Planning Board and weighed the proposed subdivision against the five review criteria established by
State Statute, and found as follows:
AGRICULTURE:
The property is currently vacant and has been annexed for several years. The development
of the property would eliminate any weed concerns, and would not have a negative effect on
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agriculture.
LOCAL SERVICES:
The City of Bozeman currently provides police and fire protection to the property. Adequate
water and sewer capacity is availablc. No negative effects on local scrvices have been
identificd to date.
NATURAL ENVIRONMENT:
No negative effects on the natural environment have been identified. The existing stream/ditch
must be realigned in accordance with necessary approvals.
WILDLIFE AND WILDLIFE HABITAT:
The property lies between an established subdivision and a major state arterial highway, with
development to the west. Therefore, no significant wildlife habitat disruption is involved. No
detrimental effects on wildlife have been identified.
PUBLIC HEALTH AND SAFETY:
Subdivision-related traffic will affect the existing street system to the north and to the west.
However, it has been determined that with the addition ofthe projected traffic flow from this
subdivision, mitigations are not warranted; other than improvements to Fowler Avenue, Fallon
Street, Laramie Drive, and Laredo Drive; and waiver of Right to Protest future SID for
signalization of Fowler Avenue.
VII.
The City Commission also reviewed the criteria to be considered during review of conditional
use permits for zoning planned unit developments, and found that, with conditions, the development
would comply with these criteria. In order to assure that the uses proposed for the Nelson Property
are compatible with the surrounding area, the uses allowed on the PUD lots shall be limited to the
following "Restricted B-1 and B-2 Uses":
"B-1 Uses:
A: Principal Uses: Day care center, essential services (Type IT), personal and convenience services,
retail uses, apartment located on second floor, food store (bakery, grocery, etc.), restaurant (exelusive
of drive-in).
B. Conditional Uses: Essential services (Type I), churches, professional and business offices.
B-2 Uses:
A. Principal Uses: Antique shop and store, art gallery, audio-vidual equipment sales and rental,
banks and other financial institutions, apparel and accessory store, art supply store, auto supply store,
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barbershop, bieycle sales, service and repair shop, book and stationery store, business and offiee
machine sales, candy and ice cream store, church, cigar and tobacco store, clothing and costume
sales, dancing or theatrical studio, community center or meeting hall, delicatessen and catering
establishment, drug store, dry goods and notion store, dry cleaning and laundry establishment,
essential services (Type I), florist, furniture store, garden supply store (indoor sales only), gift shops,
grocery store (including retail markets and produce store), hardware store (no exterior storage),
health and exercise center, hobby and coin shop, hotel/motel, hunting and fishing supply store, lock
and key shop; medical, dental or health clinic; messenger or telegraph service station, musellill, music
or dance studio, newsstand, office supply and office equipment store, package liquor store, pawn
shop, pet shop, photographic equipment and supply store, picture frame shop, public buildings, radio
and television studio, restaurants, sewing machine store, sporting and athletic goods store, theater
(no drive-in),travel agency, variety store, watch repair shop, wholesale distributors.
B. Conditional Uses: Amusement and recreational activities, automobile washing establishment,
building materials sales, business, technical or vocational school, community residential facilities, day
care center, essential services (Type II), mortuaries, retail establishments, tennis and racquet club,
wholesale distributors with on-premi<;e retail outlets, provided warehousing is limited to conunodities
which are sold on premises."
VIII.
The minutes of the April 3, 1995 City Commission meeting were approved by the City
Conunission on May 1, 1995, at which time clarification changes were made to conditions, as
reviewed with the applicant, to read as fol1ows:
Condition # 15 (,preliminmy plat): "Waivers of right to protest creation of SID's for completion of
the following improvements shall be required of the owner prior to final plat approval:
A. Signalization at Fowler Avenue and US 191, for the proportionate share of the cost of
that improvement; and
B. City-standard street lighting along Fowler A venue from the existing stub-out to US
Highway 191 and along Fallon Street from Fowler Avenue to Yellowstone Avenue if it is
detennined that the decorative lighting is inadequate for public safety."
Condition # 6 (PUD CUP): "Decorative street lights, similar to those instal1cd along the Valley
Conunons Business Park frontage on Fallon Street (I.e., 20-foot tall street lights), shall be installed
along Fallon Street prior to final subdivision plat approval, and the lights shall be owned and
maintained by the property owners' association. A standard street light shall be installed at the
intersection of Fallon Street and Fowler Avenue prior to final subdivision plat approval.
The property owner shall provide and file with the final subdivision plat an executed waiver of right
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to protest creation of a special improvement lighting district. The waiver shall specifY that in the
event SID's are not utilized for the completion of these projects, the applicant shall agrce to
participate in an alternate financing method of completion of side improvements on a fair share,
proportionate basis as determined by the square footage of the property, linear front footage of the
property, taxable valuation ofthe property, or combination thereof. Said waiver shall include the
following improvements and shall be a covenant running with the land and shall not expire:
a) Special improvement lighting district for standard street lights, in a prorata share, should
it be found that the non-typical lights installed along Fallon Street do not meet lighting
standards for public safety."
ORDER
IT IS HEREBY ORDERED that the preliminary plat of the R.R. Nelson Property Subdivision
and the zoning planned unit development have been found to comply with the primary review criteria
of the Montana Subdivision and Platting Act, and the conditional use permit and planned unit
development review criteria of the Bozeman Zoning Ordinance; and are therefore approved, subject
to the conditions listed below:
PRELIMINARY PLAT CONDITIONS:
1. The Final Subdivision Plat shall conform to the Standards for Final Subdivision Plats and contain
all appropriate certificates, page titles, and be accompanied by all appropriate documents-- including
a Platting Certificate. The Final Plat must be approved within three years from the date of preliminary
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 extension. 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 file the Final Plat prior to the completion of all required subdivision
improvements; which ineludes ( but is not limited to) interior streets, curb, gutter, sidewalks, water
and sewer; and Fowler A venue paving, curb, gutter and sidewalk improvements; a Subdivision
Improvements Agreement shall be entered into with the City of Bozeman, guaranteeing the
completion of all improvements in accordance with the Preliminary Plat submittal information and
conditions of approval. Said improvements will include the US 191 Pedestrian Path and landscaping
within one year of Final Subdivision Plat recordation; and the walks, berms and landscape
improvements to the Tract "A" Open Space/Park and linear park easements, within three years of
Final Subdivision Plat recordation. Detailed cost estimates and construction plans shall be made a part
of that Agreement.
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If the Final Plat is filed prior to the installation of all improvements, the developer shall supply the
City of Bozeman with an acceptable method of security equal to 150% of the cost of the remaining
improvements.
2. Approval of the Final Subdivision Plat by the Subdivision Program of the Montana Department
of Health and Environmental Sciences Water Quality Bureau must occur prior to Final Subdivision
Plat approval, pursuant to Section 16.16.101 through 16.16.805, ARM. The appropriate review fees
for that review must be submitted directly to that office at the same time plans and specifications arc
submitted.
3. Plans and specifications for all water and sanitary sewer extensions shan be prepared by a Montana
licensed Professional Engineer (P.E.) and shall be submitted to, and approved by, both the City of
Bozeman, and the State Department of Health and Environmental Sciences. The applicant shall also
provide P.E. services for construction inspection, post-construction certification, and preparation of
mylar record drawings.
Specific comments regarding the proposed water and sewer extensions will be provided during City
of Bozeman review. Construction on public infrastructure shall not be initiated until plans and
specifications have been approved and a pre-construction conference has been held.
Any proposed phasing of water and sewer improvements must be shown on the Final Plat, and wi11
require the approval of the City of Bozeman Engineering and Water/Sewer Departments.
No building pennits for any phase of development will be issued prior to completion and acceptance
of the water and sewer improvements.
4. All water and sewer lines and sizes, both existing and proposed, shall be shown accurately on the
Final Site Plan. All water and sewer mains, service lines and easements, both existing and proposed,
shall be shown on the Final Landscape Plan.
The plans for each proposed building shall be submitted to the City of Bozeman Water/Sewer
Department for review and approval of water service line location and meter/fire line riser locations
inside of building prior to issuance of a building permit.
5. Fowler Avenue shall be improved to a full City standard minor arterial; including curb, gutter and
sidewalk on the west side of the street; from US 191 to the existing stub. If a meandering sidewalk
is proposed along Fowler Avenue, a pedestrian easement must be provided on the Final Subdivision
Plat for all portions of the sidewalk which meander out of the right-of-way.
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6. Laramie Drive, Fallon Street, and Laredo Drive shall all have stop signs installed at their respective
intersections with Fowler Avenue as approved by the Street/Sanitation Department..
7. All turn arrows, lane markings and/or crosswalks on Fowler Avenue at the intersection with US
191 shall be constructed with 3M pavement marking material or equivalent. Thermoplastic may also
be used.
8. All crosswalks shown on the Final Subdivision Plat shall be installed at the time of street
construction. Crosswalk marking material shall be 3M plastic or equivalent.
9. The design, location and construction of any street lights within the public right-of-way shall be
approved by the City Engineer prior to installation. Maintenance responsibility for said lights shall
be indicated on the Final Subdivision Plat since the City Street Department will not be responsible.
10. A 35-foot watercourse setback line for each side of the stream/ditch shall be shown on the Final
Subdivision Plat. The stream banks shall be landscaped and planted with native plants and
vegetation. A landscape plan which provides for adequate landscape maintenance shall be prepared
and submitted to the Superintendent of Parks for approval prior to Final Plat recordation.
In addition, the 100-year floodplain level shall also be indicated on the Final Plat, with a note
requiring that all finish floor elevations be established above this level.
II. A digital copy of the Final Subdivision Plat on a double-sided, high-density 3 1/2 inch floppy
computer diskette, must be submitted to the Planning Office with the Final Subdivision Plat
application.
12. The proposed signal at the intersection of Fowler A venue and US 191 shall be designed by a
Montana licensed engineer prior to Final Plat approval.
13. A final copy of the traffic analysis report shall be prepared, submitted to and approved by the
City Engineer prior to Final Plat approval.
14. City-standard sidewalks along all public streets shall be constructed concurrent with all other
street improvements. The sidewalks along Prairie A venue and Laredo Drive shall be installed
concurrent with construction of homes on the adjoining lots, or within three years, whichever is
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sooner.
15. Waivers of right-to-protest creation of special improvement districts for completion of the
following improvements shall be required of the owner prior to Final Plat approval:
A. Signalization at Fowler A venue and US 191, for the proportionate share of the cost of that
improvement; and
B. City-standard street lighting along Fowler A venue from the existing stub-out to US
Highway 191 and along Fallon Street from Fowler Avenue to Yellowstone Avenue if it is
determined that the decorative lighting is inadequate for public safety.
16. The applicant shall confirm that the Natural Resource Conservation District will not require a
310 permit for the proposed stream/ditch realignment. If a 310 permit is required, it shall be obtained
prior to any work on the realignment of the stream/ditch.
17. The Final Subdivision Plat shall contain the following notes and modifications prior to approval:
A. "Due to the relatively high groundwater table within the subdivision, it is not
recommended that structures with full or daylight basements be constructed. I f daylight
basements arc constructed, they should not have a depth greater than three feet below the top
of the curb from which the structure is served."
B. No direct access to Fowler Avenue from Lots 17B and 18A.
18. A Storm Water Master Plan must depict the retention/detention basin locations, and locate and
provide casements for adequate drainage ways within the subdivision to transport water runoff to the
stormwater receiving channel. The Plan shall include sufficient site grading and elevation information,
typical stormwater detention/retention basin and discharge structure details, adequate basin sizing
calculations, and a stormwater maintenance plan.
While the runoff from the individual lots will be dependent upon the intensity of use for each lot, the
maximum sizing of the storm retention/detention facilities for each lot will be established based upon
the maximum potential site development. Final facility sizing may be reviewed and reduced during
design review of the Final Site Plan for each lot.
In lieu of detailing final drainage for each individual lot, the applicant may choose to record covenants
which require each lot owner to obtain City review and approval of individual lot final site grading
prior to issuance of a building permit.
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The applicant's engineer must also demonstrate to the satisfaction of the City Engineer that the Valley
Unit storm drainage system (including the capacity of the runoff conduit) is adequate to handle the
additional runoff created by this subdivision.
19. If construction activities related to the project result in the disturbance of more than five acres
of natural ground, an erosion/sediment control plan may be required. The Montana Department of
Health and Environmental Sciences, Water Quality Bureau, shall be contacted by the applicant to
determine if a Storm Water Discharge Permit is necessary. If permitting requirements include
implementation of an erosion/sediment control plan, the methods of control shall be in place prior to
any infrastructure construction or site grading.
20. With respect to the proposed realignment/relocation of the existing stream/ditch, the applicant
shall obtain written permission from the watelWay owner for the proposed relocation, or provide the
City of Bozeman with an acceptable hold harmless/waiver of liability.
The applicant's Professional Engineer shall certify that the relocated ditch/stream, as constructed,
equals or exceeds the hydraulic capacity, with similar flow characteristics (such as velocity) or the
historic stream/ditch, with equal or less loss of water as the stream/ditch, prior to Final Plat approval.
The applicant shall also contact the Montana Department of Fish, Wildlife and Parks regarding the
proposed stream/ditch relocation and shall obtain any required permits (i.e. 310, 404, turbidity
exemption, etc.) prior to Final Plat approval.
21. The applicant shall obtain a written permit or other authorization from the Montana Department
of Transportation for the proposed 25 foot "beautification strip" along US 191.
22. A pedestrian easement must be provided on the Final Subdivision Plat for the pedestrian walk
within the 40 foot Cornmon Open Space adjacent US 191.
23. A Weed Control Plan should be entered into between the owner and the County Weed Control
Officer prior to Final Plat approval.
24. The Final Subdivision Plat may not be filed until the Final PUD Plan is approved.
25. An Abstractor's Certificate must be submitted with the clothbacks and mylars (two each) of the
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Final Plat.
The preliminary approval of this subdivision shall be effective for three (3) years from the date
ofpre1iminary plat approval (July 3, 1995). At the end of this period, the City Commission may, at
the request ofthe subdivider, extend its approval for not more than one (1) calendar year. However,
preliminary approval may be extended for more than one calendar year if the developer enters into,
and secures, an Improvements Agreement for the Subdivision.
CONDITIONAL USE FOR PLANNED UNIT DEVELOPMENT CONDITIONS:
26. The Preliminary PUD Plan Architectural Design Regulations shall be revised as noted (in the staff
report to the Planning Board), and submitted to staff for review and approval by the Planning
Director .
27. All site development conditions of the Development Review Committee as defined by the City
Engineer, Director of Public Service, Fire Marshall, Superintendent of Streets/Sanitation,
Superintendent of Sewer/Water shall be incorporated into the Final PUD Plan for staff review and
approval by the Planning Director prior to issuance of a building permit.
28. The Final PUD Plan shall not be approved until the Final Plat for the Nelson Property
Subdivision is approved.
29. Seven copies of the Final Site Plan for the Planned Unit Development containing all the
conditions, corrections, and modifications approved by the City Commission shall be submitted for
review and approval by the Planning Director within three years following the approval of the
Preliminary Plan by the City Commission. Upon application and for good cause, the Planning
Director may administratively extend the period for filing a Final Site Plan for two successive six-
month periods. Any additional six-month extensions must be approved, if at all, only by the Planning
Board. The Final Site Plan must be approved prior to Final Subdivision Plat approvaL Signed copies
shan be retained by the City departments represented on the Development Review Committee, and
one copy shall be retained by the applicant.
30. The Architectural Design Regulations and Bylaws for the Owners' Association shall both contain
the following, or similar, language:
"At the time of application for a City of Bozeman building permit, each lot owner shall
enter into an Improvements Agreement with the City to guarantee the installation of
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required on-site improvements as shown on the Final Site Plan.
These developer win install improvements which include the US 191 pedestrian path and
landscaping within one year of final subdivision plat recording; and the walks, berms,
and landscaping improvements to the common open space park, within three years of
final subdivision plat recording. Detailed cost estimates, construction plans, and methods
of security shall be made a part of that Agreement."
31. Decorative street lights, similar to those installed along the Valley Commons Business Park
frontage on Fallon Street (i.e., 20-foot tall street lights), shall be installed along Fallon Street prior
to fmal subdivision plat approval, and the lights shall be owned and maintained by the property
owners' association. A standard street light shall be installed at the intersection of Fallon Street and
Fowler A venue prior to final subdivision plat approval.
The property owner shall provide and file with the final subdivision plat an executed waiver of right
to protest creation of a special improvement lighting district. The waiver shall specifY that in the
event SID's are not utilized for the completion of these projects, the applicant 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 shan include the
following improvements, and shall be a covenant running with the land and shall not expire:
a) Special improvement lighting district for standard street lights, in a prorata share, should
it be found that the non-typical lights, installed along Fallon Street do not meet lighting
standards for public safety.
32. A building permit must be obtained prior to work, and must be obtained within one year of Final
Site Plan approval. Building permits will not be issued until the Final Site Plan for a lot is approved
by the Planning Director. Minor site preparation and normal maintenance shall be allowed prior to
submittal and approval of the Final PUD Plan, including excavation and footing preparation, but NO
CONCRETE MAY BE POURED UNTIL A BUILDING PERMIT IS OBTAINED.
33. If occupancy of the structure or commencement of any use is to occur prior to the installation
of all required on-site improvements, the Improvements Agreement (with each lot owner) must be
secmed by a method of security acceptable to the City of Bozeman equal to one and one-half times
the amount of the estimated cost of the scheduled improvements not yet installed. Said method of
security shan be valid for a period of not less than twelve months; however, all on-site improvements
shall be completed by the applicant within nine months of occupancy to avoid default on the method
of secmity.
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34. When the Conditional Use Permit has been approved by the City Commission, the permit shall
be issued by the Planning Director upon receipt of applicant's written consent to all of the conditions
imposed, including the CUP conditions required by Section 18.53.030.G of the Bozeman Zoning
Ordinance:
That the right to a use and occupancy permit shall be contingent upon the fulfilhnent
of all the general and special conditions imposed by the conditional use permit procedure;
That all of the special conditions shall constitute restrictions running with the land use
and shall be binding upon the owner of the land, his successors or assigns;
That all conditions specifically stated under any conditional use listed in this title shall
apply and be adhered to by the owner of the land. successors or assigns;
That all of the special conditions shall be consented to in writing by the applicant.
DATED this JJ th day of July, 1995.
BOZEMAN CITY COMMISSION
ATTEST:
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Robin L. Sullivan, Clerk of the Commission
APPROVED AS TO FORM:
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