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HomeMy WebLinkAbout99- Advance Technology Park Subdivision, Phase III 12-20-99 . ' . BEFORE THE BOZEMAN CITY COMMISSIONER CITY OF BOZEMAN, MONTANA IN THE MATTER OF THE APPLICATION OF ADVANCE FINDINGS OF FACT TECHNOLOGY, INC., FOR PRELIMINARY SUBDIVISION AND ORDER PLA T REVIEW OF A ONE-LOT MINOR SUBDIVISION AND A REMAINING PARCEL OF LAND LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 14, TOWNSHIP 2 SOUTH, RANGE 5 EAST, M..P.M., CITY OF BOZEMAN, GALLA TIN COUNTY, MONTANA PURSUANT to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3- 614, Montana Codes Annotated, and FURTHER PURSUANT to Chapter 16 of the Bozeman Area Subdivision Regulations, the Bozeman City Commission reviewed the proposed Preliminary Subdivision Plat for a one-lot minor subdivision of Advance Technology Park Subdivision, Phase III, to create a 3. 19-acre business park/commercial lot and a remaining parcel of land for further subdivision as submitted by the applicant, 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. It appeared to the City Commission that all parties wishing to appear and comment were given the opportunity to do so, and as the City Commission was fully advised of all matters having come before it regarding this application, makes the following Findings of Fact, as required: FINDINGS OF FACT I. The application for preliminary plat review to create a one-lot 3. 19-acre parcel on land located in the northeast one-quarter of Section 14, T2S, RSE, M.P.M., City of Bozeman, Gallatin County, Montana, was made on July 30, 1999. An extension to the 3S-day review period was requested by the applicant's representative, Morrison-Maierle, Inc., in order to schedule the Preliminary Plat application before the City Commission at the earliest time possible. II. The subdivision, as proposed, will create one 3. 19-acre business park/commercial lot and a remaining 57. 71-acre parcel ofland for further development. City standard streets with curb, gutter and sidewalk will be constructed within sixty (60) foot wide dedicated public right-of-way currently iij~.i~~'f<<bfud6ipidKlij]fuM#)..Mijiij~M:JI'i~t~nijQHjtt 1 . exist along the east boundary of said one-lot minor subdivision. The proposed minor subdivision will have future frontage on West Garfield Street and Technology Boulevard South with the next phase of the subdivision. There are no significant physical or topographical features, water courses or mature vegetation existing on the property with exception of the watercourse that bisects the remaining 57. 71-acre parcel ofland to the west of the one-lot minor subdivision. No floodplain boundaries have been identified on the subdivision. No dedication of park land is required with this minor subdivision. 111. Finding that the subdivision was a second or subsequent minor subdivision created from a tract of record as outlined in Section 16.12.030.C of the Bozeman Area Subdivision Regulations, an informational meeting was scheduled before the City of Bozeman Planning Board and a public hearing scheduled before the Bozeman City Commission. The City of Bozeman Planning Office caused the subdivision submittal to be reviewed by the Development Review Committee, and other applicable agencies and departments for review and comment, per Section 16.12.040.B of the Subdivision Regulations. Those comments, along with those of the City of Bozeman Planning Staff, were then incorporated into a preliminary Staff Report which was forwarded to the City of Bozeman Planning Board for their consideration at their August 17, 1999 regular meeting. IV. The matter was considered by the City of Bozeman Planning Board at an informational meeting on August 17, 1999. No members of the public spoke at the meeting and no written comment was received. The Planning Board found that the application was properly submitted and reviewed under the procedures of the Bozeman Area Subdivision Regulations and the Bozeman Area Zoning Ordinance. The Planning Staff reviewed the report and discussed the master plan for future development in phase three of the technology park, and the need to extend West Garfield Street and Technology Boulevard South. The applicant's representative, Tom Henesh, Morrison- Maierle, Inc., commented that review by the Development Review Committee went well and was available to answer questions from the Planning Board. As there was no questions of the applicant's representative, the Planning Board then asked for public comment. Following three calls for public testimony and receiving no response the &dt.ii~~,,:liiiijijWgy'.Jiitk~..M'ijij~:#j..*..I.ijijiij~.i.Jtakt..ijiji..Otdij.. z . . Planning Board closed the public portion of the informational meeting. After considering the Planning Staff's staff report and reviewing the application against the applicable review criteria established by Statute, the Planning Board voted on a motion regarding the subdivision. The motion, to recommend approval of this subdivision as shown on the submitted Preliminary Plat, and with the conditions recommended by Staff, passed on a unanimous vote of 4 for and 0 in opposition. V. The preliminary plat application was considered by the Bozeman City Commission at their regular scheduled meeting on September 7, 1999, at which time the recommendation ofthe Planning Board was considered. The Planning Staff discussed the need for a public hearing for the second or subsequent minor subdivision of a tract of record and reviewed the six public interested criteria set forth by state statute. The applicant's representative, Lowell Springer, Springer Group Architects, made a presentation in favor of the requested one-lot minor subdivision, stating that they have reviewed the recommended conditions of approval and concur with the conditions. The City Commission then opened the hearing to the general public for testimony. Following three calls for public testimony and receiving no response the City Commission closed the public hearing. VI. The application was considered by the Bozeman City Commission and weighed against the review criteria established by Statute, and found as follows: 1) EFFECTS ON AGRICULTURE: The proposed business park/professional office lot is located in the Advanced Technology Park Subdivision and is situated in phase three of the five-phased master plan for the business park development. Although zoned and master planned for business park/high tech development, the subject property has remained in agricultural activity until the market justifies the installation and construction of infrastructure and transportation facilities for the area. During the 1989 preliminary plat review of the Advanced Technology Park Subdivision, Phase 1- Y, the City Commission determined that the subdivision's proximity to existing urban development and non-agricultural land use designation in the Comprehensive Plan would not ear-mark the property as an ideal location for agricultural activity. As a result, the governing body determined that no adverse effects on agriculture would result from development of the Advanced Technology Park Subdivision. This determination should also apply to the one-lot minor subdivision. i.itiiti'.l'ib~mgyp._~lilt#)2Eiiiji~i$M'itiijdOtdit ) 2) EFFECTS ON AGRICULTURAL WATER USER FACILITIES: A designated stream/ditch bisects the remaining parcel ofland running south to north, but is not effected by the proposed one-lot minor. The applicant does not propose any relocation, alterations or construction in the area of the watercourse, and should not interfere with downstream water user facilities. (3) EFFECTS ON LOCAL SERVICES: Emereency Services As the property located in the corporate limits of the City of Bozeman, police and fire protection will be available to this site. The Bozeman Fire Department has commented that the department is capable of adequately protecting the one-lot minor subdivision, assuming the proper roadways and water supply are installed and maintained. Both the police department and ambulance service commented during preliminary plat review of the Advanced Technology Park Subdivision that they would be capable of providing emergency services to the site. WaterlSewer Access to municipal infrastructure is currently available as water and sewer mains, and service stubs, exist in the adjoining public right-of-way for Research Drive. The D.R.C. reported that extension of infrastructure is not necessary with development of the proposed one-lot subdivision. However, further subdivision and development of phase three will require installation of municipal infrastructure and construction of public streets. An on-site fire hydrant may be necessary with development of the subject property and will be determined by the Fire Marshall during site plan review for any specific development proposal for the site. Streets The proposed one-lot minor subdivision currently has street frontage along the existing public street, Research Drive. As a result, the D.R.C. determined that the need for additional construction of public streets is not necessary with this subdivision. However, future subdivision and development of the tech park's phase three will require the extension of Technology Boulevard and West Garfield Street, and may require the construction of Professional Drive to complete an interior looped vehicular system within the subdivision. Only the north half of the right-of-way, or 32.5 feet, for West Garfield Street will be dedicated with this subdivision. As a result, no direct access to the one-lot minor from West Garfield Street will be allowed until such time that the full 65-foot right-of-way adjacent to the lot is dedicated and the street is fully constructed to a City standard street. The City Engineer's Office also commented that Technology Boulevard South is not currently dedicated to the west of Research Drive and should not be depicted as shown on the final plat. Storm Water As there are no storm water runoff facilities in the area of the proposed subdivision, a storm water master plan for the Advanced Technology Park Subdivision was been designed by the applicant's consultant that involves the placement of on-site detention ponds on each individual lot. The storm water plan is designed to remove solids, silt, oils, grease and other pollutants from the runoff from of private and public streets, as well as all subdivision lots. The plan also involves storm water discharge from the detention ponds into the stream/ditch located to the west of the one-lot minor subdivision via a swale along the future extension of Technology Boulevard. This will require the need for a drainage easement on the final plat, as well as approval from M.D.E.Q. to discharge the runoff into $itjijti'fib~i~l,ijtiMdiijt'J~Eii4jijiMjfidijijiitdit 4. . . the stream/ditch. 4) EFFECTS ON NATURAL ENVIRONMENT The proposed subdivision consists of relatively flat pasture lands with no significant out croppings, topographical or physical features. Thus, the historical use of the property for agricultural activity has limited the potential for mature vegetation, bushes, or trees on the site. 5) EFFECTS ON WILDLIFE AND WILDLIFE HABITAT Because the area in question has historically been used for the cultivating of agricultural crops and pasture prior to the tech park proposal, and no substantial amounts of mature vegetation, bushes or trees exist on the property in question, no evidence of wildlife or wildlife habitant have been identified. Therefore, no effects on wildlife and their habitat should occur as a result of the proposed subdivision. 6) EFFECTS ON PUBLIC HEALTH AND SAFETY The Bozeman Development Review Committee and other applicable review agencies evaluated the preliminary plat application to create the business park lot, and as result did not identify any significant impacts to the area's public health and safety. The conditions of Preliminary Plat approval recommended by the Development Review Committee are provided in this staff report for consideration by the Planning Board and City Commission, as a means to mitigate any potential impacts to the community that may have been identified with this minor subdivision and ensure that no effects on public health and safety will result from development of said property. 76-3-608.3.b.M.C.A. All subdivision proposals must also be reviewed for 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 reviewed this application against the listed criteria and further provides the following summary review: (i) - Compliance with survey requirements provided in Part 4 of the Montana Subdivision and Platting Act. The proposed minor subdivision appears to have complied with the survey requirements in Part 4 of the Montana Subdivision and Platting Act and will be filed in the Gallatin County Clerk & Recorder's Office with Final Plat review and approval. (ii) - Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act. The proposed minor subdivision is in general compliance with the Bozeman Area Subdivision Regulations based on the recommended conditions provided by the Bozeman Development Review Committee. (iii) - Compliance with the local subdivision review procedures. The application is in general compliance with the subdivision review procedures for a minor subdivision established in the Bozeman Subdivision Regulations for a second or subsequent minor subdivision created from a tract of record. Based on the recommendation of the D.R.C. and other applicable review agencies, the Bozeman Planning Board reviewed the proposed minor subdivision on August 17, 1999, and has forwarded a recommendation of conditional approval to the Bozeman City Commission. Adjiit~'t~b~Wliitk~lm~~#~%jt~iijbii$ij(i~tijijdnta~j. {; . . 76-3-608.3.c. M.C.A. (c) ~ Provision for easements for the location and installation of any planned utilities. All easements shall be delineated and noted accordingly on the Final Plat and the appropriate certificate on the plat granting the use of the easements to the necessary entities. The Development Review Committee recommended a condition of Preliminary Plat approval that requires the applicant to clearly identify all applicable easements on the Final Plat. All new utilities (i.e., electricity, gas, telephone, cable) will be installed underground. 76-3-608.3.d. M.C.A. (d) - Provisions of legal and physical access to each parcel. Legal and physical access to this application for Preliminary Plat review will occur from Research Drive, a City standard public street. The City Engineer's Office has stipulated that no direct access onto West Garfield Street will occur until a full 65- foot right-of-way is dedicated and West Garfield Street is constructed to a full City standard street. ORDER The City Commission found that the proposed subdivision complies with the Bozeman Area Master Plan, Bozeman Area Subdivision Regulations, and the Bozeman Zoning Ordinance, if certain conditions were imposed. IT IS HEREBY ORDERED that the Preliminary Plat of StoneRidge Planned Unit Development, Minor Subdivision #2 for Cape/France Enterprises be therefore approved, subject to the following conditions: 1. That no access to this lot from the partially dedicated (32.5') Garfield Street will be allowed until the full 65' right-of-way adjacent to this lot is dedicated and the street is fully constructed. The fu1l6S' right-of-way and construction of Garfield will be required with any future phases of the Advanced Technology Park. Similarly, no access will be allowed to this lot from Technology Boulevard South until the right-of-way adjacent to this lot is dedicated and the street is fully constructed. It is recommended that a statement to this effect be required on the final plat. 2. Technology Boulevard South is not currently dedicated to the west of Research Drive and should not be shown as such on the final plat. 3. The location of existing water and sewer mains shall be properly depicted on a supplemental document attached to plat, not on the Final Plat, for review and approval by the City Engineer's Office. The plat submitted does not accurately depict the existing mains. 4. The Montana Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineer's shall be contacted regarding the proposed project and any required permits (i. e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to Final Plat approval. 5. Easements shall be provided on the lot in accordance with section 16.14.050B. of the Bozeman Area Subdivision Regulations. Utility easements, a minimum of twenty (20) feet wide, situated on side and rear property lines for all subdivision lots, shall be depicted on the &ij~.ijt~.'J'ihfu)i~l:jil~M~ijijt,j+Emdirii,M..~l1iijidJitdit ~ . . . Final Plat for review and approval by the Planning Office prior to Final Plat approval, unless all utility agencies provide written documentation that said utility easements are not necessary . 6. The drainage master plan for the original Advanced Technology Park called for the discharge from the storm water detention pond for this lot be directed to the west through an easement to the ditch. This easement shall be provided with the final plat for this subdivision, and any subsequent development on the lot will be required to construct a swale to direct the storm water from the lot to the ditch. Final siting and sizing for the storm drain pond for this lot will occur with the final site plan for any development on this lot. 7. That the Final Plat shall comply with Section 16.10.030 of the Bozeman Area Subdivision Regulations, and shall include all appropriate documents, certificates, and be accompanied by all appropriate documents, including a Platting Certificate. Two mylar and two clothback 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. 8. That the applicant obtain Montana Department of Health and Environmental Sciences approval ofthe subdivision prior to Final Plat approval pursuant to Section 16.16. 101 through 16.16.805. A.R.M. 9. That all wetlands located within the boundaries of said property be identified on the Final Plat for review and approval by the City Engineer's Office and Army Corps of Engineers prior to Final Plat approval. 10. That the applicant provide a written narrative stating that the proposed subdivision will not interfere with any agricultural water user facilities and that no irrigation ditches for downstream water rights currently exist on said property for review and approval by the Planning Office prior to Final Plat approval. 11. That the developer shall enter into an Improvements Agreement with the City of Bozeman guaranteeing the completion of all improvements in accordance with the Preliminary Plat submittal information and conditions of approval. If the Final Plat is filed prior to installation of all improvements, the developer 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. 12. That the developer shall have three (3) years from the date of preliminary plat approval to complete the conditions of Preliminary Plat approval and apply for Final Plat approval. 13. That the applicant submit with the application for Final Plat review a written narrative stating how each of the above conditions of preliminary plat approval have been satisfactorily addressed. DATED this 20th day of December ,1999. BOZEMAN CITY COMMISSION By ~;;:)~ Marcia Youngman, Mayor &ifiittdWi~bi~lly,~ijtk~lmij..#;j+iiidiii$,m,::ii~iid6rtml' ., .. ..-.---- . ...--...-.----- . . . . ATTEST: (J~;/ ~ Robin Sullivan Clerk ofthe Commission Ad~~~~~di~~Mim;Yiitk~iffiij~f~~~,~P,jidiiji$iiitjiUpfdif , ~ _._____n _..___..._n -.... --..--.---.....-.-...