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BEFORE THE BOZEMAN CITY COMMISSION
IN THE MATTER OF THE APPLICATION OF
MITHCELL DEVELOPMENT GROUP, L.L.c., FOR
PRELIMINARY PLAT REVIEW OF BOZEMAN
GATEWAY SUBDIVISION P.U.D., CITY OF BOZEMAN,
GALLATIN COUNTY, MONTANA
FINDINGS OF FACT
AND ORDER
PLiRSU ANT to the Montana ~ubdIVISH ,n and Plaltmg Act, Sectlun 7(,.. )-101 th ruugh 76 3--625,
Montana Cudes ..\nlll-'lated, and the C1I.y of Bozeman L'nlflcd Development Unhnance, publ1c hcanngs
were scheduled, after notICe g.lV<;n, before the Bozeman I'lanrung Board on November 15, 200\ and
before the Boz<;man CIty Lo.mITllSSl0n on December 5, 2005, on the above-entitled apphCall<,n The
appl1cant presented to the (.Ity CommIssIon a pruposed prehmtnary slIhehvIsIon plat to dIVIde "72.22::t acres
and create 60 c(lmmerC1alluts. The purpose of the Pllbhc heanngs was to conSIder all rd<;vant eVIdence
rclatmg to pubhc health, safety, and welfare, mcludmg the relllllfcd envIronmental assessment and
recommend a tion uf th<; PlannIng Ro;u-d, to detennllle whether the plat should be appr( .ved, condltlonally
appruved, or dlsappruved.
Tt ;lppeared to the CIty ComnUSSlon that all parties and the pubbc WIsh.1l1g to appear and comment
were giVen the opporturuty to do so, and therefore, bC1l1g fully adVIsed of all matters havlllg come before It
regardmg dus applIcation, the Llty COmnl1SS1011 makes th(~ fullowrng I'indl11gs of Fact, as teqUlred.
FINDINGS OF FACT
J.
The cumplete applicatIOn for the prchnunary subdiVISIon plat reVlew of l)uzcman Gateway
SubdlVlSlOtl P U.D was suhnutted to the Bozeman Plan1l1ng Office on Stpkmber 20, 2()()5 'T11C
prcl1mlIlary subdrvIslon plat, as proposed, will subdlvld<; 72.22:t acres and cteat<; 60 cellnmeruallots. No
deel1cated p;lrklandls reljurred WIth sald conunerclal subeltvlsIon. All conunetClal lots will he served by
CIty of Bozeman water and sa111tary sewer servIces, and will be accessed by dedICated pubhc streets WIth
BO?EMAN GATEWA Y SUBDIVISION P.D.D. . FINDINGS OF FACT AND ORDER
improvements to US I Iighway 191jWest J\'lain Stred, South Fowler ;\ venue, West Garfleld Street, and the
constructioll of a network of interior local subdivision streets_
The subdivider has requested wilh the preliminary plat applicatjon relaxations to the followillg
sections of the City of Bozeman Unified Development Ordinance: Section 18.20.030.B "Lot Coverage alld
Floor Area" to eUJTjinale the 60 percent restriction on impervious surfaces ;lOd development the entire site,
exclusive of the requlled yard sej.backs; Section 18.36.060.B "Duration of Final Plan Approval" to
undertake and complete the development in ten years; Section 18.<12.040_1'1 "Block LengtH' to allow the
block lengths to exceed 400 feet; Section 18.42.040.C: "Block Width" to allow the block widths to be more
than 400 feet; Section 18.42.100.H.3.c -. "Setbacks" to encroach into the 50-foot minllnum setback
required along wateH:ourses; Section 18.42.100.B.4.b - "WMercourse Setback" to allow the reqUIred
watetcourse setback to not include adpcent wethmds; SeclJon 18.44.(130.A.l "Tntersections" to allow
streets to intersect at ;lIlg1es ]<;ss than l)O degrees; Section 18,44.090.L}? "Spacing Standards for Drive
j\ccess" to allow the average spacing of intersections on Powler A venue to be reduced from 660 feet to
420 fed; Section 18.42.150.0.1 "Parking Lot Lighting" to allow horizontal illuminnace to be less than 0_1
foot-candles as required by the U D_O.; Section 18.42.150. F "Lighting Specifications" to allow light
fixtures and standards that do not comply with the U.D.O. (i.e., distract light and glare clown and aware
from adjoinll1g streets and properties; Section 18.44.030.1\.1 "Intersections" to relax the streets to
intersectjon at angles less than 90 degrees (City Engineer decision); Section 18.44.080 "Sidewalk;;" to allow
soft trials in place of concrete boulevard sidewall{s along streets fronting open space/pedestrian corridors;
Section 18.44.090 "Acc<;ss" to relax the average spacing requirements for public streets (City Engineer
decision); Section l8.44.090.B.2 "Urive Acccss from Public Strcets" to cxclude the rcquirement of all
subdivision lots having 25 fcet of frontagc on all improved public or private street, or improvcd alley;
Section '8.46.020.D "Backing into Public Rights-of-Way" to allow diagomd parking along Technology
Boulevard and Chroniclc Lanc; Section 18.18.020 "Building Height" to increase the allowabl<; building
height in the "B~ 2 district from 44 fed to 146 feet; Section 18.18.0S0 "Yards" to encroach into the yard
ROZEMAN (;A n~WA Y SUBDIVISION P.ll.D. . FINDINGS OF FACT AND ORDER
2
setbacks with off-street parking in the ]3'2" District; S<oction18.20.060" "Building I leIght" to increase the
allowable buildlng height in the "B11" distrIct from 44 feet to H6 feet; S<oction1820.050 "Y;mls" to
encroach into the yard ~etbacks with off-.street parking in the "BP" District; Section 18.42,(J30.I
"Frontage" to not have acCl:SS for all subdivision lots from an improved puGic street:, approved private
street or alley; Section 18.18.040 "Lot i\ rea and Width" to allow newly created lots zoned "B-2" with a
minimum lot WIdth less than 100 feet; and Section 18.20.030 "Lot A rca and Width" to allmv newly created
lots zoned "BP" with a minimum lot width less than 150 feet
II.
Notice of the public hearings before the Bozeman Planning Board and Bozeman City CommiSSIOn
was published in the Bozeman Daily Chronicle on Sunday, October 30, 2005, and Suncby, November 6,
2005, and said notice was posted at the site and mailed by Certitled mail, retllrn receipT requested, to all
adjoining property owners.
In
The Planning Board heard the matter of preliminary subdivision plat review on November 15,
2005. The Planning Staff reviewed the project at that time and discussed the concept of the "life style"
m.ix<od used, commercial planned unit development, the recommended conditions of the Development
Review Committee, including the tramc analysis study and street improvement standards, open space
corridors, public trail system, limited access onto US 191/West Main Street, South Fowler Avenue, and
West Gartleld Street, and r<oco01mended grammar modifications to condition #23 and #32.
The Planning Staff outlined the twenty-two (22) relaxations to the Unified Development
Ordinance that the applicant has requesting as part of the preliminary plat application to develop a mixed
used, commercial planned unit development. I'he r<oported that no public testimony on this matter had
be<on received as of the public hearing before the PlaIlning Board.
I BOZEMAN GATEWA Y SUBDIVISION P.lJ.U. "FINDINGS OF FACT AND ORDER
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IV.
Mr. Ted 1\'IitchcU, rcpresenting the applic;lnt,Milchell Development Group, LLC, discussed the
proposal t.o dcvelop said 72.22 actcs of land as a nllxed use, commercial planned umt. development and
"life style" cent.er alollg the West I\Iain Street entryway corridor.
Mr. Creg Stratton, Morrison Maierle, Inc., described the pr<oservation of thc cxisting watcr courscs
and associated wetland corridors, relocation of South Fowler A venue, extension of West Garfield Street,
public trails to be installed as paft of the development, and clarific;ltion on discrepancics between two of
the recommended conditions rcgarding requircd trail \vidths.
Mr. MitchdI and Mr. Stratton 111en responded to questions from the Planmng Board regarding
depth to groundwater, open space corridors, street llnprovements, traffic generation, off st.reet parking
relluirements, and th<o r<oquested relaxations to Ihe Unified Developmcnt Ordinance.
v.
'The public heari.ng portIon on this matter W;IS opened, with two members of the general public
providing testimony.
Deb Stober, 395 North Valley Drive, commented on the traffic impacts t.o Iiowler Avenue north
of Huffine Lane, need for alignm.ent of public trails to the north with this development, providing
adequate off-str<od parking, conCCfrl with the proposed building heights, installation of ;1 signal at the
intersection of Huffine Lane and fowler Avenue, and relocation of the existing access to first Tnterstate
Bank on West College Street.
Mr. Tom Hinz, representing the Montana Wetlands Legacy, discussed tl1e developer's proposal in
working with the Army Corps of Engin<o<ors to pay cash l11-lieu of mitigation of wdlands and displayed
photographs of the areas neat Thrcc Forks, Montana where the cash in-lieu could be used.
j\fter calling for further public testimony three times and hearing nonc, the public hearing portion
was closed.
I BOZEMAN GA TEWA Y SUBDIVISION P.D.D. "l>INDlNGS OF FACT AND ORDER
4
VI.
J\fter finding that the Prdiminary Plat was properly ,ubrnitted and reviewed under the procedures
of tht~ City of Bozeman Unified Development Ordinance and the Bozeman 2020 Community Plan, the
Planning Board revlCwed and consider<od the [acts against the criteria estabJi,hed in Title 76-.3-608, M.C.A.
1999
The Planning Board dIscussed the request for an <oxtension of the normal two year approval of the
planned unit development, the site plan review proccss for cach building project, concern with franchIsed
architecture, traffic impacts, adeyuate off-street parking, waIVers for future improvements to the area's
transportation system, number of relaxations to the Unified Developm<ont ()rdinance being requested, and
predictability of devclopm<Otlt of the individual lots in future phases.
The Planning Board further considered the recommended cOllditions prepared by the l'bnning
Staff and Uevdoprnent Review Committee, includi.ng sald moditlcalions presented by the Planl1lng Staff
The Plan11lng Board then moved to approve dle application with amendments to condition :/-!-2:'1 (frontage
on an approved street. or access easement), condition #26 (identify all common areas to be owned and
maintained by the property owner's association), strike conchtion #33 (trail improvements), add condition
#41 to update the traffic study every thre<o years until all phases are plated, and add condition #42 to add
waivers of right-to-prokst creation of sp<ocial improvement districts and signalization at Garfield Street,
South 19'h Avenue, West College Street, and Huffin<o Lane.
VII.
The Plann111g Board then moved to conditiomtlly approve the prelirninary plat application with
conditions recommended by the Planning Staff and said modifications discussed by the Planning Board.
'TIle motion to recommend conditional approval to the City Commission failed on a vote of 3-3, with one
abstention, needing four afflImative votes to carry said motion.
I BOZEMAN GATEWAY SUBDIVISION P,ll.D. - FINDINGS OF FACT AND ORDER
5
VIII.
The matter was considered at a public heanng before the City CommIssion on Monday, December
5, 2005. The Plan11lng Staff reviewed the preliml11ary plat application at that time and notcd that dIe
Planning Board on a vote of 33, with onc abstcntion, was unable to fOlward a recommendation of
conditional approv'll to the City CO/)lIT)ission.
The Plann1l1g Staff further noted hav11lg receivcd one letter of opposition from Heather M.
Jernberg, 1013 Boylan Road, expressing concern with new commercial activity competing with the urban
core and the number of requested relaxations to the Unified Developm<ont Ordinance.
Mr_ M:nk Masek, representing Mitchell Development Group, T JI":., presented the proposal for a
mixed use commercial planned unit development and recognized the importlnce of the development
along the \X1 cst Main SUeet (:ntryway corridor and protecting the natural amenities of the site. Mr. Masek
discussed the Improvements to the transportation system, rerouting Fowler Avenue, enhallcing the stream
corridors and assOClated wetlands, installation of public trails, p<odestrian safety, and providing high quahty
in design as well as a model project for the community.
Mr. Greg Stratton, consulting engineering with Morrison Maierle, 1ne., requested clarification on
condition #6 and #15 as recomm<onded by the City Engineer's Office.
IX.
The public hearing portion on this matter was opened, with two members of the general public
providing testiJTl()ny.
Mr. Dram Caldwell voiced concern about the wetlands and open spae<o and questioncd whether the
community really needs this development. He concluded by urging the Commission to not approve the
su bdivision.
Mr. Torn Hilles, Coordinator of the Wetlands Legacy, discussed the proposal for cash in-lieu of
wedands and how a wetland areas can be rebabilitakd and sllgg<oskd such steps be taken in this instance.
I BOZEMAN GA TEW A Y Sl1llDlVISION P.U.D. - FINHlNGS OF FACT ANn ORnER
6
After calling for further public testimony three times and hearing none, and after no Comrnissioncr
ob)ectic>l1s, the public hC;lnng on this matter was closed.
x.
The City ConuDission then discussed the requested stream corridor setback relaxat.ion, time period
of the preliminary plat approval, need for a residential component, and the potential impact on the
downtown core.
XI.
The City Commission thcn C!)I1Sldered lhe rninutes, public record ;tnd recommendation of the
['Janning Board, recommendations of the Planning Staff, the devdoper's 1estirnony, and weighed the
proposed subdivision against the primary criteria for subdivisions established in Title 76-3-608, and found
as follows:
1(i~3-608(3)(a):
1) EFFECTS ON AGRICULTURE:
Ilistorically, the subject property has be<on used for agricultural purposes widl the majority of th<o
72.2-acre tract used for pasture and hay. Soil conditions confirm the sHe as being good producing
soils for agricultllral activity and a viable farm unit. However, the limited area of the subject
property is not of ;1 substantial size to accom.modate a viable farmstead. The site is situated along a
commetcial corridor into the community and at the majot intersection of the area's major
transportation ndwork (i.e_, Huffine T ,ane/Fowler Avenue.). Therefore it is considered a
reasonable area for urban growth based on its p_toximity to th<o area's major transportation network
and ability to extend municipal infrastrllcture to the site_
2) EFFECTS ON LOCAL SERVICES:
The preliminary plat application consists of a phased planned unit development cOIltaining a
preliminary master plan for accessing municipal infrastructure for the purposes of providing
sanitary sewer and domestic water service, as well as adequate transportation facilities for the
general public, and <omergency services, police ;md f1..re protection. The cost of extending
infrastructur<o to the property will be the sole responsibility of the devdop<or, unless ov<or sizing of
water and/or sanitary sewer main capacities is requested by the City. In such cases, the City of
Bozeman will participate Hl the over sizing of infrastructure_
3) EFFECTS ON NATURAL ENVIRONMENT
With exception to the four water cours<os, associated wetlands, and identified mature vegetation, no
additional significant physical or topographical features have been identified (i.e, outcroppings,
1I0ZEMAN GATEWAY SUBDIVISION P.ll.D. - FlNDINGS OF FACT AND ORDER
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geological formations, steep slopes). Any mitigation ;lnd enhancement (If wetlands will occur only
with the approval of :'\10 and/or 404 Permits from the Gallatin County Conservation District and
Army Corp of Engineers. Groundwater quality wiJl be protected by the installation of municipal
sanitary sewer services and appropnate measures are proposed by the developer with resIdential
construction. ProvIsions have been discussed in the applicant's submittal to address the control of
noxious weeds, agricultural fencing and m.aintenance of common arcas/ open space, and will be
further addressed with the protective covenants and compliance with the recommended conditions
of approvaL
4) EFFECTS ON WILDLIFE AND WILDLIFE HABIT AT
Th<o hIstorical use of the propcrty for agricultural purposcs has limitcd the potcntial for
developmcnt of SIgnificant arcas of mature vegetation. No known endangered SIXTies or critical
game ranges have been identified on the proposed subdivision. The Department of Fish, Wildlife
& Parks has not identified any imp;lCts on wildlife and wildLife game range habitat with Ihis
development proposaL Therefore, no signitIcant effects on major wildlife game and their habitat
should occur as a result of th<o proposed rnixed-use major subdiVISIOn.
5) EFFECTS ON PUBLIC HEALTH AND SAFETY
The Bozeman Development Review Committee CD.R.C.) reviewed the application [or Preliminary
Plat review of Th<o Bozeman Gateway Subdivision p.nD., and as result, has not identified any
SIgnificant impacts to the area's public health and safety that can not be mitigated with the
recommended conditions forwarded to the Planning Board and City Commission. B<oc;luse
development of the property will include municipal sanitary sewer services, the threat of
groundwater degradation from on site sewage disposal will be elimiluteJ. 'fhere are no known,
unmitigated natural or man-made hazards on this property.
6) EFFECT ON AGRICULTURAL WATER USERS FACILITIES
The applicant notes in thc Preliminary Plat application that no downstream water user facilities will
bc impacted with subdivision of the propcrty. Although the subdivider does not anticipate any
irllpacts to Jownstream water users with this subdivision, it is recommended that a written
statement be provided on the final plat and protective covt~nants stating that The Bozeman
Gateway Subdivision p.nD. will not interfere with any agricultural watcr user facility or irrigation
ditches for downstn~am water rights.
All subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, M.C.A., 1995 regardless of
compliance with master plan status. As a result, the Planning Office has revieweJ this application ag<linst
the listed criteria and further provides the following summary review:
76-3-608.3. h->-MJ:: .A.
(i) - Compliance with survey requirements provided in Part 4 of the Montana Subdivision and
Platting Act.
Prior to filing of any future plat(s) for this subllivision, said plats must comply with the survey
r<oquirements in P~lrt 4 of the Montana SubJivision and Platting Act and will be filed in the Gallatin
County Clerk & Recordcr's Office upon review and approval by City staff.
BOZEMAN GA TEW ^ Y SUBDIVISION 1'.U.O. - FINDINGS Of<' FACT AND ORDER
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(ii) . Compliance with the local subdivision regulations provided for in Part 5 of the Montana
Subdivision and Platting Act.
Thc final plat shall comply with the standards iden6ficd ;lnd referenced in the Unified Devclopmellt
Ordinance. The applicant is advised that unmet code provisions, or code provisions that arc not
specifically listed as a condition of approval, docs not, in any way, create a waiver or other relaxation of
the lawful reqUIrements of the Bozeman Municipal Code or state law. 'rhe following rcquirements are
standards of the Bozeman Unified Development Ordinance and shall be addressed on the final plal:
a. Section 18.42.040.B - That all block lengths shall not be more than 400 feet ill length nor less
than 300 feet in length, unless a relaxation to theUD.O. is granted by the City Commission.
b. SectIon 1 H.42.040.C - 'rhat all block widths shall not be less than 200 feet or more than 400 feet
in width, unless a relaxation to the u.D.O. is granted by the City Commission.
c. Section 18.42.150 - That the Lighting Plan shall reflect dIe standards outlined III the U .D.O. A
lighting plan shall be submitted for review and approval prior to the contracting, creation of an
S.I.L. D. and installation of the lights. The plan shall include a pole light detail with spacing based
on high pedestrian conflict, a local street pole light at one pcr local street intersection, and a
bollard light detail for placement at pathway/street intr.:rsections.AUlights including the bollard
light shall confonn to thc City's rcquir<oment for cut-off shields.
d. Section 18.42.000.B- Requllcs all utility eascments to be noted on the Final Plat for each typical
subdivision lot/block, exclusive of notltions on the final plat.
e. Section 18.42.000.D.4 - States that storm wakr runoff from a development shall not be
discharged dirccdy to an irrigation facility. This will furthcr require all stmm water facilities to bc
designed in a manner that addresses the criteria set forth by thc Planning Office.
f. Section 18.42.100_B,6 - All storm water facilities and facili.ty outlet structures will be properly
landscaped and a minimum distance of not less than thirty (30) from any watercourse high water
mark will be required. Placement and design of the facilities will be approved by both the City
Engineer's Office and Planning Office.
g. Section 18.48.070 - Irrigation, sod and street trees on all external streets and adjacent to public
parks or other opens spaces is required of the developer. It is recommended that internal streets
also be landscaped with boulevard trees to maintain consistency with an urban streetscape
throughout the subdivision. A landscape plan shall be submitted, identifying the location and
tree species to be installed by the developer, prior to instillation of the trees or final plat,
whidl<over comes first.
h. Section 18.50.110 - Padlways must be maintained by the developer in conformance with the
approved mallltenance plan until 50% of the lots are sold. Thereafter, the homeowner's
association is responsible for pathway maintenance. Plans and specific;ltions for the trail will
need to be reviewed by the Parks Departm<ont prior to construction. A Type II Class trail is
recommended along the watercourse corridor with the plac<oment of appropriate pedestrian
crossings at all intersectiolls with interior subdivision stre<ots. A typical cross section of the
public trail shall be included in the landscape guidelines and will include trail specifications,
!lOZEMAN GATEWAY SUBDIVISION P.ll.D. - FINDINGS OF FACT AND ORDER
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typIcal landscape guidelines, and site grading plans for revie\v and approval prior to iinal plat
approvaL.
1.. SectlOn 18.72 outhnes the rcquirelnents for Covenants. In addition, future requiremcnts relating
to the development ;ll1d maintenancc of the sitc will bc addressed with the Prcliminary P.LJ.D.
Plan review for the subject property and willllldude, but not be limilcd to: 1) pwvlSlons for
fences (i.<o., sight vision triangle, protection and tmlintcnance of adjacent agricultural fences, etc.),
2) provisions for mallltenance and upkeep of all common areas, open space, trails, storm w;lkr
runoff facilities, private streets, sidewalks, 3) Developmen t Manual that oudines archit<octural
and landscape guidelines for development of cach individual lot and/or phase of the subdivision,
including phlCemenl of landscape features and boulevard trecs ;It a regubr spacing for each lot, 4)
est;lblish requircd yard setbacks along all local and private sl reets, 5) provisIons that outline the
renewal of an annual contract: with a certified landscape nurscry pcrson for the upkeep and
maintenance of all parkhnds, cO.mmon open space, trails, etc., 6) landscape details for storm
water facilities, outlet structures, boulevard trees, parkland, irrigation, dc.,
J. Section 18.78.060.G - A professional cultural resource inventory of the site to be conducted by a
qualified archeologist is necessary. The results of said survey rnust be providcd to the Planning
Office alld the State Historic Preservation Office prior to the disturbance of any of thl~
subdivision grounds.
k. Section 18.78.070,(':: - ^ Memorandum of Understanding shall be cntered into by the Weed
Control District and the subdivider for the control of county declared noxious weeds and a copy
provided to the Planning Departmcnt prior to Final Plat approval.
I. That the firul plat contain a notation stating that all downstream water user facilities will not be
impacted by this subdivision and that it ;liso be noted accordingly in the by..laws and protective
covenants for thl~ homeowners' association.
m. That the tlnal plat shall comply with Section 16.08.070 "J-iinal Plat" and Chapter 16.32
"Certitlcates" of th<o City of Bozeman Subdivision Regulations, and shall conform to all
r<oguirements of the Uniform Standards for Final SubdivisIon Plats including provisions for all
appropriate certificates and language, certification from d1e City Enginecr that as-built drawings
for public improvements were received, and accompanied by all appropriak documcnts,
including a Platting Certificate. Four (4) mylar copies of the final plat must be submitted for
fmal plat approval, along with two (2) digital copies of the tInal plat, on ;1 double sided, high
density 31fz-inch Hoppy disk; and five (5) paper prints.
n. That the applicant obtain Montana Department of Environmental Quality approval of the
subdivision prior to Final Plat approval pursuant to Section 16.16.101 through 16.16.805 A.R.M,
o. 'J'hat the applicant execute and file with the final plat a waiver of right-to protest creation of a
city-wide p~lrk mall1tenance district for review and approval by the City of Bozeman for
maintenance and upkeep of dedicated park land and trail syskm prior to Final Plat approval
(may havc been done with the Annexation Agreement).
p. The final plat shall provide public utility cas<omcnts along side and rear lots lines as required by
the subdivision regulations. However, in thc cvcnt front yard easements are used, side and rear
yard casements must still be provided on the plat unless written confirmation is submitted to the
BOZEMAN GA TEWA Y SUBnlVISION I>.U.O. - FlNOINGS OF FACT AND OROER
10
Planning Office from all utility companies indicating that front yard <oascmcnts an~ adcquate to
service said subclivlsion lots. 'The easement notation reLjutred in Section 1 ().14.0,)O.BA of the
Bozeman Subdivision regulations shall also be provided on thc final plat.
q. The subdivider shall ensure that all construction material and other debris are rernoved from the
subdivision prior to final plat approval, or prior to release of said financial guarantec, if an
Improvements Agreement is necessary with the tinal plat.
1". That d1e developer shall enter in an Improvements Agreement with the City of Bozeman
gu;nanteeing the completion of all improvements in accordance with the Prelim1l1ary Plat
submitt;tl1l1formation ;H\d conditions of approval. If the Final PhI is filed pnor to installatJon of
all improvements, the develop<or shall supply the City of Bozeman with an acceptable method of
security equal to one hundred fifty (150) percent of the cost of the remaining improvements.
s_ That the developer shall have three (3) years from tlw date of Preliminary Plat approval to
complete the conditions of preliminary plat approval and apply for Final Plat approval. j\.t the
end of this period the City Commission may, at the writtcnITqu<~st of the subdivider, <oxlend ils
approval for a period of no more than one (1) calendar year except that the City COmnllSSlOn
may extend its approval for a period of more thall one (1) yea! if that approval period is included
as a specific condition of a writtcn subdivision improvernents agreement between the City
Commission and the subdivider, provided for in Chapter 16.22 of the Bozeman SubdivIslOn
Regulations.
L That the applicant submit with the application for Final PIat reVIew and approval of The
Bozeman C;ateway Subdivision P.U.D., a written n$!rmtjy~~ stating how each of the conditions
of Preliminary Plat approval and code provisions outlined in the staff report have been met or
satisfactorily addressed
u_ Stormwater Master Plan:
A Stormwakr Master Plan for th<o subdivision for a system designed to remove solids, silt, oils,
grease and other pollutants from the runoff from the privale 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 casements for adequarc 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, dra1l1age ways and f1l1ished lot grades), typical
stormwater detention/retention basin and disch;lrge structure details, basin sizing calculations
and a stormwater maintenance plan.
Any storl11water ponds located within a park or open space shall be designed and constmcted to
be conducive to the normal use and maintenance of the open space. Stormwafcr ponds for
runoff generated by the subdivision (e.g., general lot runoff, public or private streets, common
op<on sp;lee, parks, etc.) shall not be located on easements within privately owned lots_
While the runoff from th<o 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 b;lsed on
I BOZEMAN GAn:w A Y SUBDIVISION p.ll.n. - FINDINGS OF FACT AND ORDER
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maXmlnlT) site development l'inal facility sizing may be rcviewed and reduced during design
review of I he liS!' for each lot.
v. Plans and specitlcations ;llld a detailed desIgn report for water and sewer main extensions, storm
sewer and the pubEc street, prepared by a Professional Engineer, shall be provided to and
approved by the City ]J.ngineer and the Montana Department of Environmental Quality. The
App]jcant shall also provide ProfesslOnal Engineering services for construction inspcction, post-
construction certification, and preparation of mylar record drawings. Construction shall not bc
tnitiated on the public iIlftastructurt~ improvements until the plans and specifications have bcen
approved ;lnd a pre. construction conference has been conducted.
w, No building pcrmits shall be issued prior to substanlial completion and City acceptance of the
required infrastructutt~ ilTlprovements unless all provisions of 18.74,(J30.D of the UDO ar<o md.
x. All infrastructure improvements includillg 1) water and sewer main extensions, and 2) public
str<ods, curb/gutter, sidewalks fronting parks, open space, rear yard frontages or other non-lot
frontages, and related storm drainage infrastructurc improvements shall bc financially guaranked
or constructed prior to Final Plat approval.
City standard residential sidewalks shall be constructed on all public stred frontages of a
properly prior to occupancy uf any structure on the property. Upon the third anniversary of the
plat recordation of any phase of the subdivision, any lot owncr who has not constructnl said
sidewalk shall, without further notice, conslruct within 30 days said sidewalk for their lot(s),
regardless of whether other improvem<onts have been made upon th<o lot. This condition shall be
included on the plat and in the covenants for the subdivision.
y. Th(~ loca!Jon of existing water and sewer maInS shall be properly d<opickd. Proposed malll
extenSIons shall be noted as proposed.
z. The MontaH;1 Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and
f\nny Corps of Engineer's shall be contacted regarding the proposed project and any required
permits (i.e., 310, 404, Turbidity exemption, <Ote.) shall be obtained PI;or to FSP approval.
aa. Ditch relocation:
a. The Montana Fish, Wildlife and Parks shall be contacted by the Applicant regarding he
proposed relocation and any required permits (i.e., 310, 404, Turbidity <oxemption, etc.) shall
be obtained prior to final plat approval.
b. The Applicant shall comply with all parts of section 18.42.060.D for any diteh relocation.
bb. Easements for the water and sewer main extensions shall be a minimum of 30 feet in width, with
the utility located in the center of the <oaSCl11cnt. Tn no case shall the utility be less than 10 feet
from the edge of easement:.
cc. Project phasll1g shall be clearly defined including installation of infrastructure.
dd. The developer shall make arrangements with the City Engineer's office to provide addresses for
all individual lots in the subdivision prior to filing of the final plat.
I BOZEMAN G^TEW ^ Y SUBDIVISION I'.U.D. "FINDINGS OF FACT AND ORDER
12
ee. Thc applicant shall submit a constrllction route map dictatlllg how m;lkJ:i:lb ;lfld hC;Jvy
equipment wIll travel to and from the site in accordance with section 18.74.0::W.A.l of the
Unified Development Ordinance. This shall be submitted as p;)ft of the final sitc plan for site
developments, or \vith the infGlstructure plans for subdivisions. Tt shall be the responsibility of
th<o ;lpplicant to ensure that the constnlCtion traffic follows the approved routes.
ff. All construction activities shall comply with seclion 18.74.020,A2. of the Unifled Development
Ordinance. This shall include roUline cleaning/ sweeping of material that IS dragged to adjacent
streets. The City may re(luin: a guarantee as allowed for under thIS section at any tirne during the
construction to ensure ;lny damages or ckarung that are required are complete. The developer
shall be rcsponsible to reimburse the City for all costs assoc.iated with the woxk if .it becomes
necessary for the City to correct any problems thaI are identified.
(iii) - Compliance with the local subdivision review procedures provided in Part 6 of the
Montana Subdivision and Platting Act.
The public meeting before the Planning Boai'll and hearing before the City Commission havc bcen
properly noticed, as required by the Bozeman Unified Devclopm<ont Ordinance. The notice was
mailed to all adjoining property owners by certified mail and noticed in the Bozelnan Daily Chronicle.
Based on the recommendation of the D.R.C. and od1er applicable reviC\v agenCIes, as well as any
public testimony received on the matter, the Bozeman Planning Board shall f01Ward a
recommendation in a H.esolut.1on to the Bozeman City Commission who will make the final decision
on the appliulnt's request.
76-:l:QJ!~.,3.c. M.C.A.
(c) - Provision for easements for the location and installation of any planned utilities.
All utilities and necessaly utility easements will be provided and depicted accordingly on the tinal
plat for each phase.
76~3-608.3.d. M.C..6......
(d) ~ Provisions of legal and physical access to each parcel.
All lots within the major subdivision will have direct access onto dedicated public streets or public access
easement.
XII.
After considering all matters of record prcscnted at the public hearing and meetings, the City
Commission found that the proposed preliminary plat for Bozeman Gateway Subdivision P.U.D. to divide
72,222::t acres and create 60 commercial lots, would comply with the tl~quir<Ol11ents of the City of Bozeman
Unified Development Ordinance, Bozeman 2()20 Comm.unity Plan, and the Montana Subdivision and
Platting Act if C(~rtain conditions were imposed.
BOZEMAN GATEWAY suumvISION P.U.D. - FINDINGS OF FACT AND ORnER
13
Q.KP~R
THEREFORE, IT IS HEREBY ORDERED, on a vote of 5 to 0, that the Preliminary
Subdivision Plat to divide 72.22:t acres and create 60 cornmercial lots, has been found 1:0 meet the
primary criteria of t.he Montana Subdivision Platting Act, and is therefore approved, subject to the
conditions listed below. The evidence as statcd 11l the Findings of Fact, justifies the conditions imposed
on the subdivlslOJl to ensure that the final plat complies with all applicable regulations, and all required
critena, that appropriate and saf<o vehicular and pedestrian circulation is provided, adequak infrastructure
and public services are provided, and adequate public access, ut.ility easernents, ancl rights-of-.way arc
provided.
'fhis Ciry Commission order may be appealed by bringing an action in the Eighkenth DistHct
court of Callatin County, within 30 days after the adoPlion of this document by the City Commission, by
folloWlllg the procedures of S<oction 7(l-3-625, M.C.A.
I. The applicant must comply with all provisions of the Bozeman Municipal Code, whIch arc applicable
to tlus proJ<oct. The applicant is advised that unmet code provisions, or code provisions that are not
specifically listed, does not, in any way, create a waiver or other rebxation of the lawful requirements
of the Bozeman Municipal Code or state lHw.
2. Raised concrete medians shall be installed on Fowler Avenue with Phase I of the subdivision,
3. T'he privatc access onto Fowler between Technology Boulevard and Carfield Street shall be right in-
right out only unless a deviation is granted by the City Engin(~er. This shall be controlled by not
installing a break in dIe median on Fowler for this access.
4. 1\11 inI<ornal streets shall be privately maintained. The private streets shall be clearly delineated on dIe
final plat, amI the provisions of 18.44.020.2 shall be complied with in regard to funding the
maintenance of the streets.
5. Sev<oral parts of section 13, Completion Time for Site Development, of the preliminary plat submittal
reference "The Applicant or Site Developer". The Applicant, not the Site Devdop<or must be
responsible for an aspects of the project until such time as all of the infrastructure is in and accepted
by 111<0 City. TillS includes drawing of all building permits.
6. Where a path is being proposed in lieu of standard sidewalk, it must be a minimulTl. of 10' wide as
shown in the Greater Bozeman Area Transportation Plan, unless a relaxation is granted by the City
Commjssion.
B01;I<:(VlAN GA TEW A Y SUIlUlVISION I'.U.ll. - FINDINGS OF FACT AND ORDER
14
7. l'low monitoring ~hall be performed after construction on 50% (If Ihe lots within the subdivisions west
st(1e sewer zone as defined in dlC prditnillary plat submittal t.o determine the retn~lining downstream
sewer capacity. Any requIred improvements to the downstream ~ystem shall bc inst.alled prior to
issuance of any addit.ional building permits on the lots within the west side zone. This re(luirement
shall be null and votd if the Po wier t.runk main i~ installed from Huffine Lane to Cattail Street.
K. The covenant.s shall reLJuirc the installation of sprinkler systcms itl all buildings as called for in the
water system hydraulic analysis completed for the project. As all altematJve, additional modeling may
be performed to show that adequat<o fire flows exist without the installation of t.he sprinkler systems.
9. The water system hydraulic analysis sh;tll be reVIsed to only include eXIsting mains and those that are
proposed with the project.
10. All stormwatCI shall first be routed though an approvcd means of treallnent if the Storm tech System is
used in lieu of detention or retention ponds. All stormwater bcilities that collect runoff from public
or pnvate streets shall be installed with the infrastructure for each phase of the subdivision,
11. All improvernents necessary to provide adequate levd of service for thc analyzed intersections must be
installed with lhe project
12. A 01l<O (1) wide "No Acc<oss Strip" shall be shown on the plal along the entire lot frontage of Fowler
Avenue, and I-Iuffine T ,ane.
13. The sidewalk adjacent to ['owler Avenue shall be 6' wide.
14. All weather access roads shall be inst.alled to provide access to any s<ower manholes that are not located
within paved areas, This shall apply to temporary situ;ltions caused by project phasing as well as
permanent ones.
15. All pcdestrian/bik<o pathways (i.en, soft trials) proposed with the subdivision will be constructed to a
Type IT standard, SLX feet wide, and the US 191/Huffine Lane/West Main Street pathway constructed
to a Type T asphalt pathway, ten feet wide, unless odlerwise approved by the Recreation and Parks
Advisory Board and the Superintendent of Parks and Public Facilities, that all pedestrian/bike
pathways not located in dedicated parkland will be located in a minimum 25. foot wide public access
eas<omefH, and noted accordingly on the final plat and in the property owner's association documents.
A typical cross section of the public trails, both Type T and Type II, shall be indud<od in the landscape
guidehn<os and will include trail specificatjolls, typical landscape guiddines, and site grading plans for
review and approval prior to final plat approval.
16. That Ihe contractor physically installing said trail improvements shall be required to hold a pre-
construction rneeting with the City of Bozeman Parks Department prior to proceeding with
installat.ioll of said trail improvements and provide the Planning Office with written approval by the
Park and Recreation Superintendent to pr'oceed with construction of the trail improvements, and that
said proVIsions and trail specifications be noted accordingly in the property owner's association
documents for review and approval by the Planning Office
17. No sanit;try sewer and/or storm water mains will be installed within Open Space #2 and/or Open
Space #6 along the <ontryway corridor of US 191/West Main Street or any other open space area(s)
desi!,"lated to satisfy the required open space points for the planned unit d<ovdopment.
BOZEMAN (;ATEWA Y SlIBDlVISlON P.lLD. - FINDINGS OF FACT AND ORDER
IS
18. No underground storm water facilities will be lllsralled within Open Space #2 along the entryway
corrIdor of US 191/West Malll Street or any other open spacc arca(s) designated as such to satisfy the
required open space points for the planned unil development
19. The traffic impact analysis sulmutJcd for the project shall be approvcd by City Engineering and the
MontaIla Dcpartment of Transportation. All improvements needed to provide adequate level of
servicc for the ;lnalyzecl intersections must be lllstalled with dIe project.
20_ That the applicant provides documentation prior to final plat approval of the initi;d phase(s) for The
Bozeman Cateway SubdivisIOn P.IJ.D. of receiving the applicable access/encroachlu<ont permits for
Chronicle Lane onto \V'est College Street.
21. All ;ueas designated for use as "Common Area" owned and maintained by the property owner
association shall not be r<of<orred to as lots, but as "Common Areas" and identified according as
specific open space areas on the pial (i.e., Common Area 8, not I,ot C8). Common areas are not
subdivision lots and should not he noted as such on the final plaL
22. Lot 10, 11, 12 and 15 shall be described on the final plat as four consecutive subdivision lots with
adjoining side yard boundanes ;I1Hl the frontage of each lot extending to th<o right of-way of Fowler
Avenue. The fi.nal plat sh;lll also con tam a notatIOn on said lots that no structure shall be constructed
over the public access and utility easelnents_
2.). All subdivision lots shall have frontage onto a public street, approved public alley, or public access
c;lsement, unless a relaxation to Section 18.42.050.1 "r'rontage" of the lLD.O_ is granted by the City
C:omnussioIl_
24. That wakr rights, or cash m-lieu the.reof, shall be provided and paid for prior to final plat review and
approval for each phase_ If the final plat of the subdivision is filed in phases, water rights, or cash in-
lieu thereof will only be reqUIred for each phase of the subdivision that is being filed. The applicant
shall provide payment of the calculated cash in-heu of water rights based on an amount determined by
the Dir<octor of Public Service.
?,-"
_:::>.
'fhat the applicant modify the protective covenants of the property owner's association as outlined in
the staff report and that th<o applicant submit a revised draft of the protective covenants for review and
approval by the Planning Office at least thirty (50) days prior to submitting for final plat approval of
th<o initial phase of d1e major subdivision.
26_
A 11 areas for the purpos(~s of open space, storm water ullloff facilities, and other common areas owned
and maintained by the property owner's association (i.e., off-street parking and opell space areas) shall
b<o ident.ified on the fi.llal plat as "common area" and/ or "common open space", and noted accordingly
in the protective covenants of the property owner's association documents. The Final Plat shall note
the area designated to meet the Common Open Spac<o requirements for The Bozeman Gakway
Subdivision P.U.D. (12.222 acres).
27. (Section 18.42.040.H) j\ 11 subdivisions shall clearly delineate subdivision bloeks <oach containing jts
own grouping of lot numbers.
I BOZEMAN GATEWAY SUBDIVISION P.U.D. - FINDINGS OF FACT AND ORDER
16
2S. ("lS.42.060.i\.1) All casements shall be describt:d, dim<onslOn<od and shown on the final plat in their
true and correct. location.
29. (lS.42.060.B.l.a and 1 H.42.060.C.3) Building setbacks and permanent structures shall he coordinated
with all provided ut.ility casements. Utility easements greakr than the required building setbacks shall
be noted to that effect and placed on the final plat and/or final plan (i.e., Fowler Avenne and Carfield
Street) and noted accordingly in the protective cov<onants.
30. (I H.42.0S0. F) Storm water facilities shall not occnpy mO.t<O th:l n one..third of a required fronl yard,
including, but not limited to frontage along USI ()1 /West Main Street. J\.ll subdiVIsion exhibits that
refercnc<o surface water pondillg along the West Main entryway corndor (i.e., drainage basins, srorm
W;l!.er runoff LKilities, landsc;lpe plans, sIte plans, etc.) shall reflect the same delineation boundary for
said ponds, for review and approval by the Planning Office prior to fillal pbt and final plan ;lpprovaL
31. A reciproc;tl access and parking easement shall be provided for aU shared access<os and parking
facilities. The easem<ont shall state that the drive accesses and parking areas are pennitted reCIprocal
use by all of the lots of the subdivisIon.
32. Construction fencing shall be installed along the reyuited strcam setbacks to protect water qnaUty and
the adjacent vegetation during construction. SaId fencing shall be properly staked and field verified by
the Planning Office prior to final plat approval of the first phase and prior to proceeding with sllrfacc
preparation and/ or site ceJ(lstruction
33. The subdivision shall comply with all approved conditions of the Planned Unit Development and the
subdivision shall comply with the approved Master Plan and Development Manual Guidelines for the
Planned Unit Development.
34_ The recorded covenants shall indicate that the property owner's association is responsible for Ihe
maintenance of the common open space, wetlands, watercourse setback and trails. Noxious weeds
shall be controlled as directed by the County Weed Control District and in accordanc<o with the
Montana County Noxious Weed Control Act. The propcrty owner's association shall be responsible
for the continu<od control of the wecds and fulfillment of the revegetation plan.
35. That prior to final plat and final plan approval the applicant shall apply for, and receive approval of, a
zone map amendment for th<o east 21.8 acres from "BP" (Business Park District) to "B-2"
(Community Business District) and
36. The applicant shall obtain and provld<o the Planning Office with the applicable access permit(s) from
Ihe Montana Department of Transportation for t.he access onto US 191/W~stMain SIteet from
Harmon Strcet Boulevard and Chronicle Drive and shall comply with all requiremcnts of the perrnit.
37. The traffic Impact analysis submitted for the project shall be approved by City Engirleering and dlC
Montana Department of Transportation. All improvements n<o<oded to provide adeljUate level of
service for the analyzed intersections must be installed with the project.
38. A minimum 5-f()ot wide boulevard sidewalk with a 5 '/2 foot wide boulevard shall be constructed along
the north side of Garfield Street with a right-of-way of adequat.e width to be one (I) on the inside edge
of the boukvard sidewalk and noted accordingly on the final plat. A typical right-of-way illustrating
BOZEMAN GATEWA Y SUBDIVISION P.U.D. "FINDINGS OF FACT AND ORDER
17
thc boulevard sldnv;tlk in relationship to the right-.ofway ~h;tll b<o submitted with the final plat
application for reVIew by the I'hnmng Office.
.)9. That the applicant submit widl the application for Pinal Plat review and approval of Th<o Bozeman
C;ateway Subdivision P.U.D., a written narratiY.S; stating how each of the conditions of Preliminary Plat
approval and code provisions outlined in the staff report have b<o(:n met or s~ltisfactori.ly addressed.
.\ 'he prelinullary approval of this subdiviSIon shall be effective for thrce (J) years from thc date
of Prefulun:lryPlat approval, or Deccmher 5, 200ft /\ t dw end of this period the City Comm.issIon may,
at the rcquest of the subdivider, extend its approval for not more than the one ('I) calendar year. However,
preliminary approval may be extended for more than one (1) calendar if the developer entcrs into, and
secures, an Improvements J\grcelnent for the Subdivisioll.
DATED this I {; day of
_._,~~'.'-,~~
o c tel be/'
,2006.
BOZEMAN CITY COMlvlISSION
lLj~
APPROVED AS TO FOR1.\1:
A nEST:
~
.j':::::,;
I BOZEMAN GATEWAY SUBDIVISION p.D.n. . FINDlN(;S OF FACT AND ORDER
18
1\
Ild