HomeMy WebLinkAbout00- Lewis & Clark Commercial Subdivision 04-17-00
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BEFORE THE BOZEMAN CITY COMMISSION
GALLATIN COUNTY, MONTANA
IN THE MATTER OF THE APPLICATION OF GASTON FINDINGS
ENGINEERING & SURVEYING FOR PRELIMINARY OF FACT
PLAT APPROVAL OF LEWIS & CLARK COMMERCIAL AND ORDER
SUBDIVISION, ON BEHALF OF THE STATE OF MONTANA
DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION.
This matter came before the Bozeman City Commission on December6, 1999, and was
continued until December 13, 1999, for review and decision pursuant to the Montana
Subdivision and Platting Act, Section 76-3-101 through 76-3-625, Montana Codes Annotated,
and the Bozeman Area Subdivision Regulations, Bozeman Area Master Plan, and Bozeman
Zoning Ordinance. The applicant presented to the Commission a proposed Preliminary
Subdivision Plat for an eight lot major subdivision as submitted in its original form on
September 9, 1999, along with the required supplementary plans and information provided on
November 1, 1999, #P-9933. The Commission held a public hearing on the preliminary plat and
considered all relevant evidence relating to the public health, safety, and welfare, including the
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environmental assessment and the recommendation of the planning board, to determine
whether the plat should be approved, conditionally approved, or disapproved.
It appeared to the Commission that all parties wishing to appear and comment 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
I.
On November 1, 1999, Gaston Engineering & Surveying submitted an application for
approval to create Lewis and Clark Commercial Subdivision, a major subdivision dividing
33.415 acres into eight lots on property owned by State of Montana, Department of Natural
Resources and Conservation, located in the SW% and the NW% of Section 35, T.1 5, R.5E,
PMM, Gallatin County, Montana. The subject property has been preliminarily approved for
annexation into the corporate city limits and "M-1" (Light Manufacturing) zoning. All lots in the
subdivision are for commercial purposes and other uses as allowed by the applicable zoning
regulations. The applicant did not request waivers from the Environmental Assessment and
Community Impact Statement requirements nor variances from the regulations. The applicant
did, however, request changes to recommended conditions of approval.
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II.
The comments ofthe Development Review Committee, along with those of Planning &
Community Development Staff, were incorporated into a Staff Report with suggested conditions
of approval, which was provided to the Bozeman Planning Board.
III.
The Bozeman Planning Board considered the application at its regular meeting on
November 15, 1999. The Planning Board found that the application was property submitted
and reviewed under the procedures of the Bozeman Area Subdivision Regulations and the
Bozeman Area Zoning Ordinance. Staff reviewed the staff report and the evidence which
justified the imposition of conditions, noting especially conditions # 9 and #20 which address
improvements necessary to bring traffic movements at intersections serving the subdivision to
at least a Level of Service "C". During the review by the City Engineering Department it was
determined that Levels of Service'on the intersections of North 19th/Baxter and North 7th/Baxter
are not adequate. Therefore, conditions of approval for the subdivision are that a fully
operational traffic signal must be installed at North. 19th/Baxter and specific improvements
completed at North ?'h/Baxter prior to the issuance of building permits.
The applicants made a presentation in favor of the requested subdivision, and
presented six proposed changes to conditions presented in the Staff Report. The applicant
asked for changes to: 1) condition #10 to allow a building permit for one lot at the letting of the
construction contract for the installation of the North 19th/Baxter signal; 2) condition #11 to
allow storm water ponds to be located on private lots with easements; 3) condition #17 to
include language providing credit for costs of installing improvements at the intersection of
North?'h Ave. and Baxter Lane; 4) condition #20, paragraph 3, to allow a sidewalk along Baxter
Lane to be financially guaranteed rather than installed prior to final plat approval; and 5) to
condition #20, paragraph 4, to clarify specific street signage requirements. The applicant also
asked the Planning Board to delete condition #19 as it repeats items provided in condition #10.
The Planning Board then opened the public hearing. One member of the public offered
comment on the history of the subject property, the conceptual development plans for the entire
state-owned properties in the vicinity, and the need for the North 19th/Baxter signal. Following
call for additional public input and receiving no response the Planning Board closed the public
hearing.
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The Planning Board considered the request by the applicant for changes to conditions
#10, #11, #17, #19, and #20, and found proposed changes to conditions #11, #17, and #20
to be reasonable, and generally found proposed changes to conditions #10 and #19 did not
meet the subdivision review criteria for public health, safety, and welfare.
The Planning Board then voted on a motion regarding the subdivision. The motion, to
recommend approval ofthe subdivision with conditions as recommended by Staff and changes
to #11 , #17, #20 as proposed by the applicant, passed on a unanimous vote of 6 in favor and
o in opposition. The Planning Board further directed staff to: 1) forward the developer's
proposed modifications to conditions #10 and #19 to Engineering staff for consideration and
comment prior to the City Commission hearing; 2) ask legal staff to comment on the proposed
modifications to conditions #10, #17, and #19; and 3) obtain an update on the timing of the
installation of the North 19th/Baxter Lane traffic signal.
IV.
The application was considered by the Bozeman City Commission at its regular meeting
on December 6, 1999, at which time the recommendation of the Planning Board and
information requested by the Planning Board and compiled by City staff was reviewed by the
Planning & Community Development Department Staff. The Commission considered the
applicant's request for changes to: 1) condition #10 to allow a building permit for one lot at the
award of the contract for and the initiation of construction of the North 19th/Baxter signal; 2)
condition #11 to allow storm water ponds to be located on private lots with easements; 3)
condition #17 to include language providing credit for costs of installing improvements at the
intersection of North T" Ave. and Baxter Lane and 4) condition #20, paragraph 3, to allow all
sidewalks fronting on individual lots to be installed at the time those lots are developed, and
financially guaranteed rather than installed prior to final plat approval. The Bozeman City
Commission considered other changes recommended by City staff including the deletion of
condition #6 as water rights were paid in full and condition #19 as it reiterated language
provided in condition #10.
V.
The application was considered by the Bozeman City Commission and weighed against
the review criteria established by Statute, and found as follows:
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A. PRIMARY REVIEW CRITERIA
1. Effects on Agriculture.
The development of this subdivision wilt remove from use land that has been used for
grain crops, and more recently for hay. There are no structures on the site. The
property as been preliminarily-approved for annexation to the City and has been master
planned for industrial uses. The community adopted master plan determined that the
most appropriate use for the property, once infrastructure is available, is for business
park and industrial uses.
2. Effects on Agricultrual Water User Facilities.
There are no surficial bodies of water on the property. The 500-year flood plain for the
East Gallatin River is more than 1/3 mile from the site and located on the north side of
1-90. Water rights were addressed during review of the annexation of the property. and
found to have been paid in full.
3. Effects on Local Services.
Water/Sewer: An existing 12" water main is located in Simmental Way and 24" sewer
trunks are located within Simmental Way and Baxter Lane. Water and sewer services
can be provided by connection to existing main lines, and general capacity limitations
for water and sewer facilities are not anticipated by the Engineering Department staff
as a result of the project. The information in the submittal was not detailed enough for
a thorough review. Subsequently, the design and approval of water and sewer facilities
is addressed in conditions. No building permits wilt be approved prior to substantial
completion and City acceptance of said improvements.
Police/Fire: With annexation, police and fire protection are available to the site. The
development of the property wilt increase the likelihood of emergency services being
required. The Assistant Chief of Police has expressed concern over the Police
Department's ability to serve the increasing City limits with limited resources.
Streets: The Institute of Traffic Engineers, Trip Generation Manual, 5th edition
estimates 38.88 vehicle trips per day per acre for light manufacturing development, or
a total of 1107 vehicle trips per day. Vehicle trips per day at the intersection of
Baxter/North 7th are provided in Section D of the Environmental Assessment &
Community Impact Report, and show around 20,000 vehicle trips per day annually.
Because the uses permitted in the "M-1" distriCt are so broad, the actual vehicle ~rips
per day resulting from the full development of the subdivision could be substantially
greater and depend largely on the nature of businesses which locate in the subdivision.
Chapter 16.18.050.D.7 establishes a minimum Level of Service (LOS) "C" necessary
for arterial intersections. The original traffic analysis identified in the Community Impact
Report indicates a LOS "F" for the east and northbound movements from Baxter onto
North 7th during a peak hour. The supplemental traffic analysis dated 11/01/99
suggests that restricting Baxter Lane east bound traffic to right turns only would maintain
a LOS "B" at that intersection.
With improvements completed which bring Baxter/North 7th to at least a LOS "C" for all
movements and a fully operational traffic signal installed at Baxter/North 19th prior to
the issuance of building permits, safety concerns should be addressed. The dedication
of additional right-of-way for Simmental Way and Baxter Lane, and waivers for future
improvements should provide for the future expansion and development of those
streets.
Utilities: Appropriate easements will be obtained. Montana Power Company and US
West requested no additional specific conditions be imposed upon the project at this
time.
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4. Effects on the Natural Environment.
Natural Resource Conservation Service (NRCS) maps suggestthe presence of "hydric
soil" conditions on portions of the property and potential groundwater levels within 3 to
6 feet of the ground surface. As Such, adequate construction measures should be
taken on individual lots to address the potential upward or lateral expansion of the soil
caused by frost heave. A wetlands delineation, performed by the applicant's engineer,
found that none of the property within the proposed subdivision met criteria for a
wetlands environment. No critical plant communities were identified. Stormwater and
drainage, and appropriate agency approval relating to erosion control and soils, will be
addressed through conditions. ,Covenan~s will address maintenance of storm water
facilities and noxious weeds. Weeds will be controlled in accordance with an approved
Weed Control Plan.
5. Effects on Wildlife and Wildlife Habitat.
Due to its historically agricultural use, its lack of any surficial bodies of water, the
development of adjacent properties, and its prQximity to 1-90, no significant adverse
effects on wildlife or their habitat have been identified on the property.
6. Effects on Public Health and Safety.
Because the development will be serviced by municipal sewer, the threat of
groundwater degradation from onsite sewage disposal will be eliminated. Trafficsafety
concerns should be ameliorated through mitigating conditions placed on, the
subdivision.
B) COMPLIANCE WITH SURVEY REQUIREMENTS PROVIDED FOR IN PART 4 OF THE
MONTANA SUBDIVISION AND PLATTING ACT. The subdivision complies or will
comply with survey requirements of the Act.
C) COMPLIANCE WITH THE BOZEMAN AREA SUBDIVISION REGULATIONS.
With conditions, the final plat will comply with the regulations.
D) COMPLIANCE WITH THE REQUIRED SUBDIVISION REVIEW PROCESS.
The meeting before the Plannil19 Board and hearing before the City Commission have
been 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 on October 31, 1999.
E) PROVISION OF EASEMENTS 'FOR THE LOCATION AND INTALLATION OF ANY
PLANNED UTILITIES. All utili~ies and necessary utility easements will be provided.
F) PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEl.
Legal and physical access to each parcel will be provided, and limited by appropriate
no access strips, from existing streets, and from a dedicated City standard street
proposed through the subdivision.
VI.
Following discussion by the City Commission, the City Commission found that the
proposed subdivision would comply with the Bozeman Area Master Plan, Bozeman Area
Subdivision Regulations, and the Bozeman Zoning Ordinance, if certain conditions were
imposed.
ORDER
IT IS HEREBY ORDERED that the Preliminary Subdivision Plat of Lewis and Clark
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Commercial Subdivision for State of Montana Department of Natural Resources and
Conservation be therefore approved, subject to the following conditions:
GENERAL:
1. Annexation to the City of Bozeman and adoption 'by ordinance of the City Commission
of the preliminarily-approved M-1 zoning must be completed prior to the
commencement of the development of th~ property. Annexation must occur prior to
extension of any City water or sewer service to the property or connection to such
~ervices already available to the site.
2. The Final Plat shall be adequately and clear1y dimensioned, and submitted at a scale
no smaller than one hundred (100) feet to the inch. It shall be submitted on one or more
sheets of 18" x 24" or 24".x 36" paper with a 1-112" margin on the binding side. All
certifications shall be shown or referenced on one sheet. If more than one sheet must
be used to accurately portray the land subdivided and necessary certificates, each
sheet must show the number of that sheet, the total number of sheets included, and
contain the appropriate title information. Corrections and additions to the Certificates
shall be provided on the Final Plat as provided in Section 16.32 for subdivisions within
the Bozeman City limits, and sl'1all: a) include a corrected Certificate of Dedication and
Certificate of Surveyor; b) refe"rence the correct year during which signed; c) include a
Certificate of Completion of Improvements, a Certificate of Director of Public Service,
and Release of Sanitary Restrictions; and d) omit the Certif!cate of County
Commissioners.
3. Covenants shall be recorded with the Final Plat which shall specifically include the
following provisions: a) That all county declared noxious weeds will be controlled; and
b) An Owners Association or other mechanism established to maintain all applicable
open space ~nd storm water facilities. Covenants should also address snow
removal/road maintenance, restrictions imposed on swales and retention/detention
facilities, and buildingllandscaping design guidelines as portions of the proposed
subdivision lie within the Entryway Corridor Over1ay.
4. Prior to final plat approval, a Memorandum of Understanding shall be entered into by
the Weed Control District and the subdivider for the control of county declared noxious
weeds and a copy provided to the Planning Office.
5. As recommended by the State Historical Preservation Office and provided in Section
F. of the Environmental Assessment for Lewis & Clark Commercial Subdivision, a
cultural inventory of the site must be conducted and submitted to the Montana Historical
Society Historic Preservation' Office for review prior to the issuance of any building
permits. . .
6. The Final Plat shall conform to all requirements of the Bozeman Area Subdivision
Regulations and the Uniform Standards for Final Subdivision Plats, and shall be
accompanied by all required documents: including certification from the City Engineer
that as.built drawings for public improvements were received, a platting certificate, and
all required and corrected certificates. The Final Plat application shall include two (2)
signed clothback (or equivalent) copies; two (2) signed reproducible copies on a stable
base polyester film (or equivalent); two (2) digital copies on a double-sided, high density
3.112" floppy disk; and five (5) paper prints:
8. Conditional approval of the Preliminary Plat shall be in force for not more .than three
calendar years, as provided by State statute. Prior to that expiration date, the developer
may submit a letter requesting an extension of the period to the Planning Director for
the City.Commission's consideration.
9. All required on-site and off.:.site infrastructure improvements including 1) water and
sewer main extensions and 2) public streets including curb and gutter, sidewalk and
related storm drainage infrastructure, and required transportation and signalization
improvements shall be constructed and accepted by the City or financially guaranteed
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prior to Final Plat approval. No building 'permits shall be Issued until the traffic
signal at the Intersection of Baxter Lane and 19th Avenue Is fully operational.
If it is the developer's intent to file the plat prior to the completion of all required
improvements, an Improvements Agreement shall be entered into with the City of
Bozeman guaranteeing the compl'etion of all improvements in accordance with the
Preliminary Plat submittal info~ation and conditions of approval. If the Final Plat is filed
prior to the installation of all improvements, the developer shall supply the City of
Bozeman with an acceptable method of security equal to 150% of the cost of the
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remaining improvements. .
STORMWA TER/DRAINAGE:
10.
Storm Water Management Plan:
A detailed Stormwater Management 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 plan must depict the maximum sized retention/detention basin location, and locate
and provide easements fOf adequate 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 sites, drainage ways, and lot finished
grades), typical stormwater retention/detention basin and discharge structure details,
basin sizing calculations, and a stormwater maintenance plan.
Any stormwater ponds located within park or open space shall be designed and
constructed so as to be conducive to the normal use and maintenance of the park or
open space. Storm water ponds shall not be located on private lots.
Detailed review of the final grading and drainage plan and approval by the City Engineer
will be required as part of the infr~structure plan and specification review process.
11. All drainage swales and retention/detention pond facilities proposed for storm water
runoff of streets located in the required front yard setbacks and the 1-90 Entryway
Corridor 50-foot setback, shall be limited to a.maximum depth not to exceed one and
one-half feet and a slope of 1 :4. Furthermore, all on-site retention/detention ponds
proposed for each individual lot that is proposed to be located in the required yard
setbacks shall be limited to one-third of the length of the lot frontage, or one-third of the
designed area of the ponds, whichever is less.
WATER AND SEWER:
12. The location of and size and distinction between existing and proposed sewer and water
mains and all easements shall be clearly and accurately depicted, as well as all nearby
fire hydrants and proposed fire hydrants on the improvement drawings.
13. The water main extension for the subdivision shall be fully looped. Water mains shall
be extended to the subdivision property line(s) to adequately accommodate future
extensions and/or looping. Any required State or County occupancy permits required
for water or sewer main extensions shall be obtained and provided to the City Engineer.
14. Plans, Specifications and a comprehensive utilities design report for water and sewer
main extensions, prepared and signed by a Professional Engineer (PE) registered in
the State of Montana shall be provided to and approved by the City Engineer. Water
and sewer plans shall also be approved by the Montana Department of Environmental
Quality. The applicant sh~1I 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 spec~flcations have been approved and a
preconstructlon conference has been condl-lcted. No building permits shall be
Issued prior to substantial co~pletion and City acceptance of the required water
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and sewer Infrastructure Improvements.
15. Any easements needed 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 easement. In no case shall
the utility be located less than 10 feet trom the edge of the easement. AI\ necessary
easements shall be provided prior to Final plat approval and shall be shown on the plat.
STREETS, CURB & GUTTER AND SIDEWALKS:
16. Unless already filed with the property, the applicant shall provide and file with the.
County-Clerk and Recorder's of!ice an executed Waiver of Right to Protest Creation of
S.I.D.'s for the following:
a. Street improvements to Baxter Lane and Simmental Way, including paving, curb
and gutter, sidewalk and storm drainage facilities.
The document filed shall specify that in the~vent an S.I.D. is not utilized for the
completion of these improvements, the developer agrees to participate in an alternate
financing method 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.
17. A 1-foot "no access" strip shall be provided along Baxter Lane for Lot 3. Block 1 to
prohibit direct access from that lot to 'Baxter Lane. Lot 5. Block 2 will be allowed only
one approach. No access shall be allowed from Lot 5, Block 2 onto Baxter Lane within
200 feet of Boot Hill Court. Further, a 1-foot "no access" strip shall be provided along
Simmental Way for Lots 1, 2, and 3 of Block 1. The applicant shall obtain and provide
the City a copy of any necessary permits from the County Road Office-for all.accesses
onto County roads prior to initiation of construction of accesses.
18. Boot Hill Court shall be constructed to a full City standard, Le., 37 feet from back of curb
to back of curb with standard boulevar~ 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.
Pursuaot to Section 16.14.040 of the subqivision code sidewalks along E,3oot Hill Court
shall be installed at the time of.the, installation of the street improvements;: Construction
of City standard sidewalk one foot from the property line adjacent to Baxter Road shall
be required prior to final plat apprbval; however, no building permits shall be Issued
prior to substantial completion and City ~cceptance of the required street, curb
and gutter, and storm drain~ge Infrastructure. The developer will be allowed to
financially guarantee sidewalks along Boot Hill Court and Baxter Lane. provided that all
sidewalks fronting on individual lots are installed atthe time those lots are developed.
Stop signs and street name signs will be required at the intersections of Boot Hill Court
with Simmental Way and Baxter Lane.
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 confer~nce has been
conducted.
19. The applicant shall dedicate to the City one-half of a 60 foot right-of-way (30 feet)
located on the subject property for Simmental Way. The applicant shall also dedicate
one-half of a 100 foot right-of-way (50 feet) for Baxter Lane adjacent to this
development.
20. The improvements to the intersection of Baxter Lane and North 7th Avenue which the
Montana Department of Transportation recommended be installed (see Sandra
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Straehl's letter to Therese Berger dated October 15, 1999) shall be in place or
financially guaranteed prior to final plat approval. If the plat is filed with a financial
guarante~ for the improvements, the improvements must be fully installed and accepted
prior to Issuance of any building permits in the subdivision.
MISCELLANEOUS:
21. If construction activities related to the project result in the disturbance of more that 5
acres of natural ground, an erosion/sediment control plan may be required. The
Montana Department of Environmental Quality may need to be contacted by the
Applicant to determine if a Stoimwater Discharge Permit is necessary. If a permit is
required by the State, the Developer shall demonstrate to the City full permit
compliance.
22. Any permits required by other agencias having jurisdiction (Le. 310, 404, Turbidity
exemption, etc.) shall be obtained by the applicant and copies provided to the Planning
Office prior to approval of the related plans and specific
This City Commission order may be appealed by bringing an action in the Eighteenth
District Court of Gallatin County, within 30 days after the adoption of this document by the City
Commission, by following the procedures of Section 76-3-625, M.C.A.
DATED this 17th day of April, 2000.
BOZEMAN CITY COMMISSION
By: '~(Jh~
Marcia B. Youngman, Mayor
ATTEST:
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Robin L. Sullivan
Clerk of the Commission
APPROVED AS TO FORM:
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