HomeMy WebLinkAbout05- Stoneridge Square
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BEFORE THE BOZEMAN CITY COMMISSION
GALLATIN COUNTY, MONT ANA
IN THE MATTER OF THE APPLICATION OF FINDINGS
STONERIDGE PARTNERS LLC REPRESENTED BY OF FACT
THE APPLICANT KERIN & ASSOCIATES PC AND AND ORDER
SPRINGER GROUP ARCHITECTS Pc, FOR
PRELIMINARY APPROVAL OF THE SUBDIVISION
OF 33.97 ACRES INTO 8 COMMERQAL LOTS AND 1
REMAINING LOT FOR COMMON OPEN SPACE AND
FUTURE RESIDENTIAL.
This matter came before the Bozeman Gty Commission on October 17, 2005 for review and
decision, pursuant to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-625,
Montana Codes Annotated, Gty of Bozeman Growth Policy, and Gty of Bozeman Unified
Development Ordinance. The applicant presented to the Commission a Preliminary Subdivision Plat
for a Major Subdivision of 33.97 acres into 8 commercial lots and 1 remaining lot for common open
space and future residential as submitted on July 12, 2005, # P-05038. 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 recommendation of the planning board, to determine whether the plat should
be approved, conditionally approved, or disapproved.
It appeared to the O:>mmission 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 July 12, 2005, Stone ridge Partners LLC represented by Kerin & Associates PC and Springer
Group Architects PC submitted an application for Preliminary Subdivision Plat for a Major Subdivision
of 33.97 acres into 8 commercial lots and 1 remaining lot for common open space and future residential.
The property is legally described as Lot 4, Minor Subdivision # 319 and situated within the E ~, Section
2, T2S, RSE, P.M.M., Gtyof Bozeman, Gallatin County, Montana. The subject property is zoned B-2
Community Business District, B-1 Neighborhood Business District and Rw3 Residential Medium
Density District.
II.
The comments of the Development Review Committee, along with those of Planning &
Community Development Staff, were inco1porated into a staff report with suggested conditions of
approval, which was provided to the Gty of Bozeman Planning Board.
III.
Notice of the time and date of the public meeting and public hearing was posted at the site on
September 22,2005. Said notice also served to inform interested persons that materials were available
for review at the Bozeman Planning & Community Development Department.
The Gtyof Bozeman Planning Board opened the public meeting on September 20,2005. The
Planning Board found that the application was properly submitted and reviewed under the procedures
of the Gty of Bozeman Unified Development Ordinance. Staff reviewed the staff report and the
evidence, which justified the imposition of conditions.
The Planning Board then opened the public meeting. There was no public testimony. The
Planning Board closed the public meeting.
The Gty of Bozeman Planning Board then moved to recommend approval of the subdivision
with conditions as recommended by Staff. However, on a vote of 4 to 0 and 1 member abstaining the
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Planning Board lacked a formal quorum (5 members). Therefore, based on state statute requirements
for a quorum the Planning Board was unable to forward a favorable recommendation.
IV.
The application was considered by the Bozeman Gty Commission at its regular meeting on
October 17,2005, at which time the recommendation of the Planning Board and information compiled
by Gty staff was reviewed.
V.
PRIMARY REVIEW CRITERIA
A Effects on agriculture, agricultural water user facilities, local services, the natural
environment, wildlife and the wildlife habitat, and public health and safety.
The propertywas originally master planned for Residential development and recently amended
to Regional O:>mmercial, o:>mmunity O:>mmercial and Neighborhood Commercial. The urban
density development will replace the existing agricultural uses. The subdivider must provide
assurance that no agricultural water user facilities or neighboring agricultural uses will be
impacted by this development.
B. Compliance with the following:
t. The survey requirements provided for in Part 4 of the Montana Subdivision and
Platting Act.
The subdivision currently complies and will remain in compliance with survey requirements
of the Act.
2. The local subdivision regulations provided for in Part 5 of the Montana Subdivision
and Platting Act.
The final plat shall comply with the standards identified and referenced in the Unified
Development Ordinance. The applicant is advised that unmet code provisions, or code
provisions that are not specifically listed as conditions of approval, does not, in any way,
create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal
Code or state law. The following requirements are standards of the Unified Development
Ordinance and shall be addressed on the final plat:
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a. Section 18.42.060.B requires all utility easements to be noted on the Final Plat.
b. Section 18.42.030 states that lot designs with irregular shapes, narrow necks, points and
flag shapes shall be permitted only when the developer demonstrates that the proposed
lot designs are necessary due to topography or other physical constraints (specifically
Parcel 8).
c. The Lighting Plan shall reflect the standards outlined in Section 18.42.150. Acorrected
plan shall be submitted for review and approval prior to the contracting, creation of an
SILD and installation of the lights. All of the lights including the bollard light shall
conform to Gty's requirements for cut~off shields. (Lip are nd n:quired adjacent to
Tsd:Jadx LarE and 35 fed talllifPts on 1 fI' A Wltfe and Otk Street are aa:eptable)
d. Section 18.48.070 requires the subdivider to install irrigation, sod and street trees on all
external streets and adjacent to public parks or other open spaces. A landscape plan
shall be submitted, identifying the location and tree species to be installed by the
developer, prior to installation of the trees or by final plat, whichever comes first.
e. Section 18.50.110 requires pathways to be maintained by the developer in conformance
with the approved maintenance plan until 50% of the lots are sold. Thereafter the
Home Owners Association is responsible for pathway maintenance. Plans and
Specifications for the trail will need to be reviewed by the Parks Department prior to
construction.
f. Section 18.72.020 states that if common property is to be deeded to the property
owners association or similar organization, or if the property owners association will be
responsible for the maintenance of the development's streets, centers, landscaping in
street boulevards, parkland or pathways, property owners association bylaws or the
declaration of covenants, conditions and restrictions shall be prepared and recorded
with the final plat.
g. Section 18.7 4.030.B.3 states that prior to final plat approval, subdivision lighting shall be
installed, financially guaranteed or a SlID shall be created and the bonds sold. If the
subdivision lighting is financially guaranteed they shall be considered as part of the
required street improvements and building permits shall not be issued until the
improvements are installed unless otherwise permitted under concurrent construction.
h. Section 18.78.070.C states that a Memorandum of Understanding shall be entered into
by the Weed O:>ntrol District and the subdivider for the control of county declared
noxious weeds and a copy provided to the Planning Department prior to Final Plat
approval.
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1. Section 18.06.040 states that approval shall be in force for not more than three years for
major subdivisions.
J. Stormwater Master Plan:
A Stormwater 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 Gty 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 stormwater receiving channel. The plan shall include sufficient site
grading and elevation information (particularly for the basin site, drainage ways and
finished lot grades), typical stormwater detention! retention basin and discharge
structure details, basin sizing calculations and a stormwater maintenance plan.
Any stormwater ponds located within a park or open space shall be designed and
constructed to be conducive to the normal use and maintenance of the open space.
Stormwater ponds for runoff generated by the subdivision (e.g., general lot runoff,
public or private streets, common open space, parks, etc.) shall not be located on
easements within privately owned 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 of the FSP for each lot.
k Plans and specifications and a detailed design report for water and sewer main
extensions, storm sewer and the public street, prepared bya Professional Engineer, shall
be provided to and approved by the Gty Engineer and the Montana Department of
Environmental Quality. 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 infrastructure
improvements until the plans and specifications have been approved and a pre.
construction conference has been conducted.
No building permits shall be issued prior to substantial completion and City
acceptance of the required infrastrocture improvements unless all of the
requirements of section 18.74.030.D are met to allow for c one UITent construction.
1. All infrastructure improvements including 1) water and sewer main extensions, and 2)
public streets, curb/ gutter, sidewalks fronting parks, open space, rear yard frontages or
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other nonw lot frontages, and related storm drainage infrastructure improvements shall be
financially guaranteed or constructed prior to Final Plat approval.
Gty standard residential sidewalks shall be constructed on all public street frontages of a
property prior to occupancy of any structure on the property. Upon the third
anniversary of the plat recordation of any phase of the subdivision, any lot owner who
has not constructed said sidewalk shall, without further notice, construct within 30 days
said sidewalk for their lot(s), regardless of whether other improvements have been made
upon the lot. This condition shall be included on the plat and in the covenants for the
subdivision.
m. The location of existing water and sewer mains shall be properly depicted. Proposed
main extensions shall be noted as proposed.
n. The drive approaches shall be constructed in accordance with the Gty's standard
approach (i.e., concrete apron, sidewalk section and drop-curb) and shown as such on
the FSP. A Gty01rb O1t and SidewalkPerrnit shall be obtained priorto FSP approval.
o. The Montana Fish, WIldlife and Parks, SCS, Montana Department of Environmental
Quality and Army Co1ps 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 FSP approval.
p. Easements for the water and sewer main extensions shall be a minimum of 30 feet in
width, with the utility located in the center of the easement. In no case shall the utility
be less than 10 feet from the edge of easement.
q. Project phasing shall be clearly defined including installation of infrastructure.
r. The developer shall make arrangements with the Gty Engineer's office to provide
addresses for all individual lots in the subdivision prior to filing of the final plat.
s. If construction activities related to the project result in the disturbance of more that 1
acre of natural ground, an erosion! sediment control plan may be required. The
Montana Department of Environmental Quality, Water Quality Bureau, shall be
contacted by the Applicant to determine if a Storm Water Discharge Permit is necessary.
If required by the WQB, an erosion! sediment control plan shall be prepared for
disturbed areas of 1 acre or less if the point of discharge is less than 100' from State
Waters.
t. The applicant shall submit a construction route map dictating how materials and heavy
equipment will travel to and from the site in accordance with section 18.74.020.A1 of
the Unified Development Ordinance. This shall be submitted as part of the final site
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plan for site developments, or with the infrastructure plans for subdivisions. It shall be
the responsibility of the applicant to ensure that the construction traffic follows the
approved routes.
u. All construction activities shall comply with section 18.74.020.A2. of the Unified
Development Ordinance. This shall include routine cleaning! sweeping of material that
is dragged to adjacent streets. The Gty may require a guarantee as allowed for under
this section at any time during the construction to ensure any damages or cleaning that
are required are complete. The developer shall be responsible to reimburse the Gtyfor
all costs associated with the work if it becomes necessary for the Gty to correct any
problems that are identified.
v. A 10' minimum separation shall be maintained between any proposed trees and the
utilities on site.
3. The local subdivision review procedure provided for in Part 6 of the Montana
Subdivision and Platting Act.
The Planning Board meeting and the Gty Commission hearing has been properly noticed,
as required in the Unified Development Ordinance.
C. The provision of easements for the location and installation of any planned utilities.
All utilities and necessary utility easements will be provided and depicted on the final plat.
D. The provision oflegal and physical access to each parcel within the subdivision and the
required notation of that access on the applicable plat and any instroment of transfer
concerning the parcel
All lots within the subdivision will have direct access to the dedicated public streets. A
reciprocal access and parking easement shall be provided for all shared accesses and parking
facilities. The easement shall state that the drive accesses and parking areas are permitted
reciprocal use by all of the lots of the subdivision.
ORDER
After considering all matters of record presented at the public hearing, the Bozeman Gty
O:>mmission found that the proposed subdivision would comply with the Gty of Bozeman Growth
Policy and the requirements of the Gtyof Bozeman Unified Development Ordinance and the Montana
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Subdivision and Platting Act, if certain conditions were imposed. The evidence, as stated or referenced
in the Findings of Fact, justifies the imposition of the conditions ordered herein to ensure that the final
plat complies with all applicable regulations and all required criteria.
THEREFORE, IT IS HEREBY ORDERED that the Preliminary Subdivision Plat of
Stone ridge Square for the property owner, Stone ridge Partners LLC, be approved, subject to the
following conditions:
1. The applicant shall comply with all provisions of the Bozeman Municipal Code, which are
applicable to this project. The applicant is advised that unmet code provisions, or code provisions
that are not specifically listed, does not, in anyway, create a waiver or other relaxation of the lawful
requirements of the Bozeman Municipal Code or state law.
2. A reciprocal access and parking easement shall be provided for all shared accesses and parking
facilities. The easement shall state that the drive accesses and parking areas are permitted reciprocal
use by all of the lots of the subdivision.
3. Construction fencing shall be installed along the 35 foot stream setback to protect water quality and
the adjacent vegetation during construction.
4. The trail identified in the Transportation Plan adjacent to Tschache Lane shall be constructed in
addition to the sidewalk to provide a future connection to Rose Park and the Regional Park. A 10
foot wide asphalt trail shall be constructed within a 25 foot public trail easement, in the front yard
setback adjacent to Tschache Lane, from the intersection of North 19th Avenue to the western edge
of the property (western edge of Parcel 9).
5. The Final Plat shall note the area designated to meet the O:>mmon Open Space requirements for the
Stone ridge PUD (lOA acres). A public access easement shall be provided over the area exclusive of
the area set aside for future development.
6. Cash-in-lieu of Water Rights, as calculated by the Director of Public SeIVice, shall be paid at the
time the Final Plat or Final PUD Plan is submitted, whichever occurs first.
7. The subdivision shall comply with all approved conditions of the Planned Unit Development and
the subdivision shall comply with the approved Master Plan and Development Guidelines for the
Planned Unit Development.
8. The 0.015 acre isolated wetland (WL-2) in the middle of the subdivision may be filled in exchange
for the existing vegetation being harvested from appropriate locations and transplanted, as
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reasonably feasible, from the filled wetland to the stream! ditch and! or Catron Creek wetlands.
Only native species, free of weeds and nonw native species, shall be harvested as directed under the
supervision of the subdivider's wetland consultant.
9. The recorded covenants shall indicate that the property owner's association is responsible for the
maintenance of the common open space, wetlands, watercourse setback and trails. Noxious weeds
shall be controlled as directed by the O:>unty Weed O:>ntrol District and in accordance with the
Montana County Noxious Weed O:>ntrolAct. The property owner's association shall be responsible
for the continued control of the weeds and fulfillment of the revegetation plan.
10. The applicant shall obtain an access permit from the Montana Department of Transportation for
the access onto North 19th Avenue and shall comply with all requirements of the permit.
11. The traffic impact analysis submitted for the project shall be approved by Gty Engineering and the
Montana Department of Transportation. All improvements needed to provide adequate level of
service for the analyzed intersections must be installed with the project.
12. Tschache Lane shall be constructed to match the existing typical section from its current end to the
western boundary of the subdivision. This shall include curb and gutter on both sides, sidewalk on
the south side only, and the necessaryutilityextensions. If an easement cannot be obtained for the
portion of the street without existing easements on both sides of the property line; curb, gutter,
standard boulevard, and sidewalk on the south side, along with a minimum pavement width of 24'
shall be installed.
13. The existing public street and utility easement and any existing utility easements no longer needed
shall be vacated.
This Gty O:>mmission order may be appealed by bringing an action in the Eighteenth District
Court of Gallatin O:>unty, within 30 days after the adoption of these Findings by the GtyCommission,
by following the procedures of Section 76-3-625, M.CA The preliminary approval of this subdivision
shall be effective for three years from the date of adoption of these Findings by the GtyCommission.
At the end of this period the Gty O:>mmission may, at the written request of the subdivider, extend its
approval as provided for in the Gty of Bozeman Unified Development Ordinance.
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I, ':'.St~i~'~iliiii~liiiiii~,~.~~i~~;'FiFij!llg~.ipf:~att and. .E:>rder #P-05038 I
DATED thisJLdayof ~tQ. "('0 't)9.J'..,.200S.
:~~~CD~~
Andrew L. Cetraro, Mayor
ATTEST:
~YL~
Ro L. Sullivan
derk of the Commission
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