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HomeMy WebLinkAbout638300222971269073) Z-9939A B'AXTER CREEK. PUD PREL.-EXTENSION. W of SiFTion'Aito P'lz, N of_ Steve Olson - U5 '191 March 22, 2002 N lD W l0 D . 7 ! Oxford NO. 7531/3 t�$ ESSE.LT k e W i 40ji&�UA B P W Q 9939 A FILE REVIEW FOR COMPLETENESS BY IF COMPLETE, GIVE TO CAROL FOR FIE F INCOMPLETE, WRITE/CONTACT APPLICANT AND EXPLAIN WHY BY: o DRC: To DRB: DRB Report due: To Planning Board: Planning Board Report due: To Zoning Commission: Zoning Commission Report due: T To City Commission: .---2 City Commission packet due: City Commission Work Session: Notice to Paper 7---- for publication Notice to Adjoiners/Post: �— FILE.REVIEW SHEET ZONING PRELIMINARY PLAN PUD File Name: tjAXTE-rZ C',R-t�Z SP POD Oqi!�OVOP3 File No.: Z- 9 4 3a A Reference Files: Z--R (3`i DATE DATE DONE DUE DONE BY DRC initial week review to, q DRC second week review DRC final week review fah DRB Staff Report due DRB Meeting Notice to paper (not <15 or >45 days prior to CC) Notice to Adjoiners (not <10 days prior to final DRC) Post notice (not <10 days prior to final DRC) Staff Report to City Commission y�2y City Commission work session City Commission hearing y/2.-9 Approval letter mailed to Applicant Improvements Agreement mailed to Applicant approved approved w/ conds denied date DRC Action 1 tar Li I CC Action DRB Action Final Site Plan due by: Improvements Agreement returned: Final Site Plan approved on: Financial Guarantee received on: Financial Guarantee released on: Date of Temporary Occupancy: Date of Final Occupancy: PROJECT ACTIVITY LOG CITY OF BOZENIAN DEPART-7-WENT OF PLANNING AND CONINIUNITY DEVELOPMENT r PROJECT NAME: LOAxT aZ CPertL RP PUD FILE NO.: Z' 'a 9 ?c?A DATE ACTIVITY STAFF STAFF CUNItiL. PERSON HOURS HOURS '416 /D z C,, � Pl L E Lute T, L- . SO . SO I i so, CITY OF BOZEMAN v 9� DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT ' * Street address: Alfred M. Stiff Professional Building Phone: (406) 582-2360 20 East Olive Street Fax: (406)582-2363 co �o?� Mailing address: P.O. Box 1230 E-mail: planning@bozeman.net Bozeman,Montana 59771-1240 World wide web: www.bozeman.net May 1, 2002 Steve Olson Landmark ERA Commercial 1811 West Dickerson#17 Bozeman, MT 59715 RE: Baxter Creek PUD Final Plat and Final Plan Extensions Dear Mr. Olson: On April 29, 2002 the Bozeman City Commission approved a one-year preliminary plat approval extension for the above referenced project. Your previous final plat submittal deadline was June 21, 2002. With the extension, you have until June 21, 2003 to provide the City with a final plat submittal that satisfies all of the requirements and conditions for this subdivision as set forth in the Findings of Fact and Order. The City Commission also approved a retroactive two-year final plan approval extension for Baxter Creek PUD. Your previous final plan submittal deadline was June 21, 2001. This extension will be applied retroactively; therefore you now have until June 21, 2003 to submit the Baxter Creek Final Plan. Planning Staff would like to inform you that you may amend an aspect of the preliminary PUD plan administratively, in accordance with the proposed zone text amendments. Contingent upon final City Commission adoption of the text amendments, 30 days after the second reading of the ordinances, the amendments would allow you to reduce yard setbacks. Attached, please find a copy of the proposed amendments that relate to the Business Park District. These proposed amendments are also available online at www.bozeman.net. If you have any questions or concerns, or if our office can be of any further assistance, please feel free to contact me. S incerely, san Kozub CC: Andy Epple, Director of Planning & Community Development Steve, As per your suggestion, we will advise the applicant that he may reduce parking and shift the buildings closer to the interior drive in accordance with the new zone text amendments. . . contingent upon their final approval (30 days after the second reading of the ordinance) . Andy would administratively approve such changes as a modification to the PUD as long as the changes do not interfere with any major issues like water / sewer lines, etc. This probably does not need to come up at Commission today, but I will advise the applicant and let you know if he chooses to make such changes. Thanks, Susan -----Original Message----- From: Steve Kirchhoff Sent: Monday, April 29, 2002 1 :49 AM To: Susan Kozub Subject: the book and stuff Ms. Kozub, Just a thought on the Baxter Creek subdivision and zoning extensions. Could we suggest to the applicant that our soon-to-be-adopted codes would likely reduce some of their parking requirements? And that they might be able to shift their buildings nearer the interior drive? Is it appropriate? Is it dumb? By the way, spent some time with The Car and the City and found some great suggestions. Thanks. Another month or so and I will have gotten through all 65 of its pages. Steve K CITY OF BZEM D PARTMEN OF PLANNING AND COMMUNITY DEVELOPMENT v � Street'address: Alfred M. Stiff Professional BuildingCl phone: (406) 5:32-2360 20 East Olive Street <<,r 8 o?tee Mailing address: P.O.Box 1230 Fax: (406)582-2363 co.� Bozeman,Montana 59771-1240 E-mail: planning@bozeman.net Worldwide web: www.bozeman.net MEMORANDUM TO: CITY COMMISSION FROM: SUSAN KOZUB,ASSISTANT PLANNER DATE: APRIL 24, 2002._ RE: ',BAXTER.CREEK ZONING EXTENSION,#Z-9939A The Planning Office has received a request for an extension to the Baxter Creek Business Park PUD final plan approval. On April 9, 2002, the DRC reviewed the request for an extension and did not identify any issues that need to be addressed. Staff suggests this project be granted a retroactive extension of two years, or until June 21, 2003. According to Condition 2 of the Findings of Fact and Order, "The final PUD plan must be submitted to and be approved by the City, and the approved Development Guidelines and Covenants filed with the final plat of the subdivision. The developer shall have two years from the date of preliminary approval to complete the conditions, conform to all regulations, and submit a complete application for Final PUD Plan approval. This approval may be extended by the City Commission upon request of the applicant for a period to not exceed a total of five years." Preliminary approval was granted on June 21, 1999 therefore the deadline of June 21, 2001 has already expired. The applicant is requesting a retroactive extension for the "maximum period allowed." Again, Staff suggests that this project be granted a retroactive extension of two years, or until June 21, 2003. Attachments: - Applicant's written request for zoning extension - Findings of Fact and Order - Baxter Creek Business Park Master Plan • Development Review Committee (DRC) Meeting Review Sheet Date: .y ` � Project Name: BV4 - CIVe& �Xt- File # Z- q 3'9 7 r Prepared By: `—tk o Q/v\. Applicants/Rep Present:_Qhep DRC M mbers Present: ❑ , Project Eng. G�a. raiv:, City Engineer Mike Certalic, Water Sup. ❑ Debbie Arkall, Public Service $ave eil Poulsen, Chief Building Official ❑ Roger Sicz, Streets Superintendent Skelton, Senior Planner r breg Megaard, Police & Fire ❑ Others SUMMARY: z— SUb�AV1�lGh Z , c , a V P YQZ Ma/'-'e Va 1 ok/" u i o'er er co y�. V, " Vp o V-a+c' ('0 m vv-Le:�, ►'qeyv)© +P fW, Gf' Gx ryu'"'se-lr0-fit C : nat rVq a,�.- cA/v amV-4 4i V], CkA C, VU of so2� CITY OF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT V 9� __ Street address: Alfred M. Stiff Professional Building phone: (406) 582-2360 =: ? 20 East Olive Street 1883 O��! Mailing address: P.O. Box 1230 Fax: (406) 582-2363 �~ CO. Bozeman,Montana 59771-1240 E-mail: planning@bozeman.net Worldwide web: www.bozeman.net MEMORANDUM TO: DEVELOPMENT REVIEW COMMITTEE FROM: SUSAN KOZUB,ASSISTANT PLANNER DATE: APRIL 3, 2002 RE: BAXTER CREEK SUBDIVISION / PUD EXTENSION The Planning Office has received a request for extensions to the Baxter Creek Business Park PUD final plat and plan approval. Staff has put this item on the DRC agenda for 4/9 and 4/16 to get input from the DRC regarding any changes that may have occurred since preliminary approval in June of 1999. This request is scheduled to go before the City Commission on 4/29. Please contact me if you would like any additional information regarding this project. Subdivision Extension: Condition 3 of the Findings of Fact and Order states: "The developer shall have three 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. According to the Subdivision Regulations, 16.10.060.J. "Preliminary Plat Approval Period," this approval shall be in force for not more than three years or less than one year. At the end of this period the city commission may, at the written request of the subdivider, extend its approval for no more than one calendar year, except that the city commission may extend its approval for a period of more than one year if that approval period is included as a specific condition of a written subdivision improvements agreement between the city commission and the subdivider,provided for in Chapter 16.22. The Preliminary Plat approval expires June 21, 2002. The developer has submitted a written request to extend the approval for the "maximum period allowed." Zoning Extension: According to Condition 2 of the Findings of Fact and Order, "The final PUD plan must be submitted to and be approved-by the City, and the approved Development Guidelines and Covenants filed vrith the final plat of the subdivision. The developer shall have two years from the date of preliminary approval to complete the conditions, conform to all regulations, and submit a complete application for Final PUD Plan approval. This approval may be extended by the City Commission upon request of the applicant for a period to not exceed a total of five years." Preliminary approval was granted on June 21, 1999 therefore the deadline of June 21, 2001 has already expired. The applicant is requesting a post-expiration extension for the "maximum period allowed." CITY BOZEMAN �Z�'!t DEPAWMENT OF PLANNING AND C`", MUNITY DEVELOPMENT - ' ' Street address: Alfred M.Stiff Professional Building Phone: (406) 582-2360 x: .. 20 East Olive Street Fax: (406) 582-236.3 co.�0 Mailing address: P.O.Box 1230 E-mail: planning@bozeman.net Bozeman,Montana 59771-1230 Worldwide web: www.bozeman.net April 8, 2002 Steve Olson, Partner Baxter Creek Business Park 1811 West Dickerson #17 Bozeman, MT 59715 Re: Baxter Creek Business Park PUD Preliminary Plan Extension Request (#Z- 9939A) Dear Mr. Olson: Your request for an extension of approval for a Zoning Planned Unit Development (PUD) for Baxter Creek Business Park PUD on property located just west of Billion Auto Plaza on Huffine Lane has been received and assigned to Assistant Planner Susan Kozub. The application has been reviewed in accordance with the submittal checklist and appears to meet the submittal requirements. However, please understand that during the course of review there may be items identified or issues, which need to be addressed. Should that occur, Planner Kozub will contact you. The Development Review Committee (DRC) will be reviewing your applications on two separate occasions. Staff recommends that you attend the second DRC meeting to be held on Tuesday, April 16`h, 2002, at 10:00 a.m. to answer any questions that may arise. The DRC meeting is held in the Conference Room at the Alfred M. Stiff Professional Building, 20 East Olive Street. An agenda will be sent to you to remind you of the date and time of the meeting. The final decision will be made by the City Commission on Monday, April 29, 2002, at 7:00 p.m. The City Commission meeting will be held at 311 East Main Street at City Hall in the Commission Meeting Room. If you have any further questions regarding the process or your project in general, please contact Planner Kozub at 582-2360. Sincerely, Carol L. Schott Administrative Secretary Enc. CLS/cls planning• zoning subdivision review annexation • historic preservation housing • grant administration • neighborhood coordination ®� Landmark A I)Nision of ERA Landmark Real Estate ERA COMMERCIAL RECEIVED 13Y 14AR 2 2 2002 CITY PLANN NG Mr. Andy Epple, Director 3/21/02 Department of Planning&Community Development PO Box 1230 Bozeman, MT 59771-1230 Re: Baxter Creek Subdivision and PUS (Z-9939 and P-9907) / Extension of Subdivision Approval Dear Andy: Please accept this letter as a request to extend the subdivision approval for the above referenced' commercial planned unit development. It is our desire to extend thelapproval for the maximum period allowed. Thank you for your assistance in this matter. If you have any questions or require more information please do not hesitate to contact me. Sincerely, Steve Olson Partner, Baxter Creek Business Park __cc:Robyn Erlenbush Dick Stefoni 1811 W. Dickerson #17 . Bozeman, MT 59715 • Office (406) 556-5005 • Fax (406) 556-5006 • Toll Free (866) 635-5005 www.eralandmark.com • Robyn Erlenbush, CRB Broker/Owner 4r>F> _ I �� -{o r EXkki f- i oh S P u b .QxpiVtd ju/m ZA , Zoo res Jt/t/-,2 2/, 20-0� hUA "Ai I'�,(.f 6� k,-tod Rt4,lf �j —5 ,,,w- 2eo3 � T wwc. �03 - f vo I 1/ 5vboln"vis-j041e grar\A- .Qx �o� �n,�e 21 , 7,00 � o-� -4tn -�h.e. � I' ra�i�, r�"a ice- 3� TI — ig �I Qu�h-or�Q.P-�i'J aw;�- was 111 ro c. 4�i res�cluv�e ZI_,2o oz �� i „ _ • � 1. i ,. ' I • � n r � , • ,� • i , ;. e , S .. 1 y _. � � j, a. .. .• + .6 . 1_.. 9 ... ! �1 •� � _. t Y r �_ t 1 d .., ., �� .1 ... � � l�� . _ ! � _ � 1 r �� 1 r ' '4 BEFORE THE BOZEMAN CITY COMMISSION CITY OF BOZEMAN, MONTANA 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°o 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 of the Bozeman City-County Planning Board concerning the application. It appeared to the City Commission that all parties and the public wishing to appear and comment 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 . 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- tQKiiNDiNGS, OF.. FACT.AND ORIaIER. . PAGE; sl' 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 Durston 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. �A#. �;,�t�P,L7L,.�;SUBDIVISION.:F�'NDINGS,,}OF. :'FACT:w�AND�"OVER v :'°�':P GE f;;2•. The application was considered by the Bozeman City Commission at their re jular meeting on June 21, 1999. At the meeting,the subdividers' representative informed the Commission of the 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 a 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 Agricultural 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 o f required permits should ensure there will be no negative effects on agricultural water user facilities. Stormwater 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 gash 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"b". 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. NJllt 'ER f,. . ti,p,Ulf V$TJ$DIVISION=FINDINGS:::OF FACT.'AND:ORI,tER,':'': c '1 i—k E. J. The subdivider must provide a warrant analysis for the intersection of Cottonwood Road and Huffine Lane. If 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 of 9:00 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. - TE'�Z'CRE ,'K�,Pj7D�'SU$DIVISION`F,INDINGS OF. FACT.' AND'?'ORDER Dr 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 (1) 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 150-foot street frontage. f. . 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 �XTFR=CREEK'PUD;:;SUBDLVISION`,FINDINGS 'OF FACT: AND:.ORDER `;. :PAGE,-.5 i 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-of SIDs 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 of the property, linear front footage of the property,taxable valuation of the property,or combination thereof. Said Waiver shall be a covenant running with the land and shall not expire. 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 of the signed document shall be submitted to the planning office with the final plat application. A Covenants shall be placed on the final plat requiring the property owner(s) and/or Property Owner's Association to be responsible for the control of County declared inoxious 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.C. 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. Bl�X,TER ;�REFC<;P.LlD 'Si7BDLVISIQNr:FINDINGS'":OF :ZACT'AND.'ORDER" I 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 project,and any required permits(i.e., 310, 404,Turbidity exemption,etc.) shall be obtained for the subdivision work as well as for the creek 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 30-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 shall be located in the center of the easement, and in no case shall the utility be less than 10 feet from the edge of an easement. PUDtiSU,B.DIp.:TSIO T s'FINDINGS:rOT%TACT...-•i AND:rt'ORD=.' I 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 Section I6.18.050.D.7.d.3. of the 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"D". 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 of the 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 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. If financially 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. DATED this 7th day of September , 1999. BOZEMAN CITY COMMISSION By: Marcia YoungmaYi, Mayor ATTEST: i APPROVED AS TO FORM: Robin L. Sullivan Paul J. Luw Clerk of the Commission City Atto ey SAX "+"CREEKF.PUD 'SE0 VISION_.FINDINGS, OF .FACT .AND?°:ORDER:::'': so2� CITY OF BOZEMAN C~ 9� DEPp 'MENT OF PLANNING AND CO" ZUNITY DEVELOPMENT a Street address: Alfred M. Stiff Professional Building phone: (406) 582-2360 20 East Olive Street Fax: (406)582=2363 car 1883 0� Mailing address: P.O. Box 1230 co. Bozeman, Montana 59771-1230 E-mail: planning@bozeman.net World wide web. www.bozeman.net 8 May 2001 Dan Kamp D.J. Kamp and Associates 171.1 West College Street Bozeman, MT 59715 RE: Kamp Minor Subdivision Preliminary Plat Approval Extension Dear Dan: On May 7, 2001 the Bozeman City Commission voted to grant a one-year preliminary plat approval extension for the above-referenced project. Your previous final plat submittal deadline was April 6, 2001. This extension will be applied retroactively. Therefore, you have until April 6, 2002 to provide the City with a final plat submittal that satisfies all of the requirements and conditions for this subdivision as set forth in the Findings of Fact and Order. If you have any questions or concerns, or if our office can be of any further assistance, please feel free to contact me. Sincerely, I Jody J Olsen Associate Planner S planning • zoning subdivision review annexation historic preservation housing grant administration neighborhood coordination CITY OF BOZEMAN �04 BOZ�n'rt DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT V 9'2 Street address: Alfred M. Stiff Professional Building phone: (406) 582-2360 8 20 East Olive Street .Fax: (406) 582-2363 co 'tgo Mailing address: P.O. Box 1230 E-mail: planning@bozeman.net Bozeman,Montana 59771-1230 Worldwide web: www.bozeman.net MEMORANDUM TO: Bozeman City Commission FROM: Jody Olsen, Associate Planner RE: Kamp MiSub Preliminary Plat Approval Extension Request (#P-9708) DATE: 2 May 2001 Staff has considered a request for an extension of the Kamp Minor Subdivision preliminary plat approval. The lot is located in the Northeast Quarter of Section 8, Township 2 South, Range 6 East, P.M.M., Gallatin County, Montana. The property is the western-most lot in the Burrup Annexation, and is in the southeast corner of the intersection of Interstate 90 and Highway 10. i The matter was considered by the Development Review Committee at its regular meeting on May 1, 2001, and found no changes in circumstances in the area that would preclude the granting of this extension. As a result, Staff recommends approval of a one-year extension for this project, subject . to all of the conditions of preliminary plat approval previously imposed by the Commission. i Staff will be present at your meeting on May 7, 2001 to answer any questions you might have. Attachment I. planning • zoning • subdivision review • annexation • historic preservation • housing • grant administration 9 neighborhood coordination CITY O ZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT 9x ' * Street address: Alfred M. Stiff Professional Building Phone: (406)582-2360 20 East Olive Street e e Fax: (406)582-2363 co.� Mailing address: P.O.Box 1230 E-mail: planning@bozeman.net Bozeman,Montana 59771-1230 Worldwide web: nww.bozeman.net MEMORANDUM TO: Development Review Committee FROM: Jody Olsen,Associate Planner 1�f - RE: Kamp Minor Subdivision (#P-9708) Preliminary Plat Approval Extension DATE: 19 April 2001 Dan Kamp has requested a preliminary plat approval extension for the above-referenced project. Mr. Kamp did not request that the approval be extended for any specified time frame, but one-year extensions are allowed according to the Bozeman Area Subdivision Regulations and are the standard time frame for these extensions. Therefore, a one-year extension is recommended. The subject property is located in the Northeast Quarter of Section 8, Township 2 'South, Range 6 East, P.M.M., Gallatin County, Montana. The property is located in the western-most part of the Burrup Annexation, and is in the southeast corner of the intersection of Interstate 90 and Highway 10. The Planning Department received the Preliminary Plat application on February 10, 1997. The DRC reviewed the proposal on February 17th and 24th, and March 3, 1997. The Planning Board considered the subdivision application on March 3, 1997, and the City Commission voted to approve this Preliminary Plat application at their meeting on March 16, 1997. The Findings of Fact and Order, containing 6 conditions were signed on April 6, 1997. The list of conditions is included in this memo. The applicant had three years from the date the Findings of Fact and Order were signed to submit a Final Plat application. That three-year deadline, of April 6, 2001, has now come and gone. This extension can be applied retroactively, with the one-year extension commencing on April 6, 2001. In.his extension request letter, the applicant indicated that they are very close to completing the required elements for final approval. However, they needed a little more time to complete some items, including some minor modifications to accommodate work at a sewer lift station that serves the area. The City Commission must make the final decision regarding this request, and the Commission will consider the request on May 7, 2001 at 6:00 pm. While the City Commission will make the final decision, I would like the DRC to provide the Commission with an informal recommendation regarding this request. Please be prepared to voice any comments, questions or concerns regarding this request at the May 1, 2001 DRC meeting. Planning staff will incorporate any DRC comments and feedback into a memo to the Commission. planning • zoning • subdivision review annexation • historic preservation • housing • grant administration neighborhood coordination CONDITIONS OF PRELIONARY PLAT APPROVAL FRO( AE SIGNED FINDINGS OF FACT AND ORDER) 1. The final subdivision plat .shall conform to all requirements of the Bozeman Area Subdivision Regulations and the Uniform Standards for Final Subdivision Plats, and be accompanied by all appropriate documents, including covenants, certification by the State Department of Environmental Quality approving the plans and specifications for water or sanitary facilities, certification from the City's Engineer certifying that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. Two clothback (or equivalent) and mylar (or equivalent) copies of the final plat must be submitted for final plat approval, along with a digital copy of the final plat, on a double sided,high-density 3-1/2 inch floppy disk. 2. The final plat shall reflect the correct zoning designation of the subdivision. 3. The Area Tabulation on the Final Plat shall read as "Lot 5" instead of "Lot 3", as shown on the Preliminary Plat. 4. The cul-de-sac shall be located within an easement on Lots 3, 4 and 5, and should be located to ensure the most viable usable area of the lots as possible. The final location of the cul-de-sac shall be approved by the City Engineer during plan and specification review. The right-of-way necessary for the cul-de-sac shall be dedicated with the Final Plat and shall be 100 feet in diameter. The cul-de-sac itself shall be paved to 70 feet in diameter. The cul-de-sac shall be signed with "No Parking" signs. 5. Hospitality Way shall be constructed to a full City standard, i.e., 37 feet from back of curb to back of curb with standard boulevard and sidewalk on both sides. Plans and specifications for the public street including curb,gutter and sidewalk and related storm drainage infrastructure improvements, prepared by a Professional Engineer (P.E.) registered in the state of Montana shall be provided to and approved by City Engineer. The applicant shall also provide Professional engineering services for construction inspection, post-construction certification and preparation of mylar record drawings. Construction shall not be initiated on the public street until the plans and specifications have been approved by the City Engineer and a pre-construction conference has been conducted. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements. 6. The proper dedication certificate shall be included on the Final Plat. 7. The developer shall obtain a permit for the proposed access onto Highway 10, and a copy of the permit shall be provided to the City Engineer's Office. If this access has been already been approved by MDOT, the developer shall provide proof of this encroachment permission to the City. Engineer's Office prior to installation of the new street. 8. The Final Plat, shall provide 20 foot wide public utility easements (P.U.E) located along side and/or rear lot lines. PUEs located along dedicated rights-of-way shall be 12 feet wide. Before the Final Plat is approved, the developer shall obtain written approval from all utility companies stating that the locations, and the size, of all PUEs is acceptable if the PUEs are not in the standard location or are not the standard size. 9. The developer shall obtain an encroachment permit from MDOT for the placement of any utilities or infrastructure in the Highway 10 right-of-way prior to placement of these in the right-of-way. 10. Prior to Final Plat approval, street and stop signs shall be placed at all intersections as part of the required improvements. The street signs shall conform with the standards outlined in the Bozeman Area Subdivision Regulations. Page 2 0 11. Prior to commencement of a*ork on the site, the developer shall provide the Planning Office with a copy of a Section 404 permit, or written notification that a 404 permit is not needed, from the U.S. Army Corps of Engineers. 12. A Geotechnical Investigation Report shall be prepared and submitted to the City Engineer with the infrastructure plans and specifications documents. The Report shall include an analysis of the on-site public right-of-way soil conditions, special grading recommendations, roadway bearing capacities, the impacts of groundwater on the street and sewer and water infrastructure designs, projected traffic loadings and street section(s) design. The design must incorporate the findings of an independent on- site soils investigation and groundwater investigation. 13. The Final Plat shall contain the following language: "Due to relatively high ground water table within the area of the subdivision, it is not recommended that full basements be constructed without first consulting a professional engineer." 14. The location of and distinction between existing and proposed sewer and water mains and easements shall be clearly depicted on the infrastructure plans, as well as nearby fire hydrants and proposed fire hydrants. An additional fire hydrant will be required near the northeast corner of Lot 1. Plans and specifications for the sewer and water improvements shall be approved by the Department of Environmental Quality and the City Engineer prior to construction. 15. An easement shall be provided for the new sewer main proposed between Lots 3 and 4, and the easement shall be accurately shown. Easement located outside of dedicated rights-of-way shall be a minimum of 30 feet in width,with the utility located in the center of the easement. 16. On the Final Plat, a one-foot wide "No Access" strip shall be provided between Lot 1 and Highway 10, and between Lot 5 and Highway 10. Page 3 �04 BOZO, CITY OF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Street address: Alfred M. Stiff Professional Building Phone: (406)582-2360 20 East Olive Street Fax: (406)582-2363 o��e Mailing address: P.O.Box 1230 E-mail: planning@boz.,man.net CO. Bozeman,Montana 59771-1230 Worldwide web: www.bozeman.net MEMORANDUM TO: Bozeman City Commission FROM: Jody Sanford, Associate Planner RE: Kamp MiSub Preliminary Plat Approval Extension Request (#P-9708) DATE: 2 April 2001 The Planning Department has received a request for an extension of the Kamp Minor Subdivision preliminary plat approval. The lot is located in the Northeast Quarter of Section 8, Township 2 South, Range 6 East, P.M.M., Gallatin County, Montana. The property is the western-most lot in the Burrup Annexation, and is in the southeast corner of the intersection of Interstate 90 and Highway 10. On May 8, 2001 the City Commission voted to grant the applicant a one-year preliminary plat approval extension until April 6, 2002. The applicant is now requesting an additional 60-day extension. The applicant submitted a final plat application on March 26, 2002. However, the Bozeman subdivision regulations require that the final plat and all supplementary dozuments be submitted to the Planning Department at least 30 days prior to the expiration of the preliminary plat approval or any extension thereto (Section 16. 10.070.A) which would have been March 6, 2001. The 60-day preliminary plat approval extension would provide staff with ample time to review the final plat application, and sufficient time for the City Commission to consider the application. Staff recommends that you grant a 60-day extension from the date of Commission action. Attachment i, planning zoning • subdivision review annexation historic preservation housing • grant administration neighborho9d coordination