HomeMy WebLinkAbout02- Stoneridge PUD Subdivision Phase 2B
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BEFORE THE BOZEMAN CITY COMMISSION
GALLATIN COUNTY, MONTANA
IN THE MATTER OF THE APPLICATION OF CAPE- FINDINGS
FRANCE, INe. REPRESENTED BY MORRISON - OF FACT
MAIERLE, INe. FOR PRELIMINARY AND ORDER
APPRO V AL OF STONERIDGE PUD SUBDIVISION,
PHASE 2B
This matter came before the Bozeman City Commission on June 17,2002, 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 2020
Community Plan, and Bozeman Zoning Ordinance. The applicant presented to the Commission a
proposed Preliminary Subdivision Plat for a major subdivision consisting of 16 lots as submitted in its
original form on April 23, 2002, P-02017. 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 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 April 23, 2002, Cape-France, Inc., represented by Morrison - Maierle, Inc., submitted an
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application for approval to create the Stoneridge PUD Subdivision, Phase 2B, a major subdivision
dividing 15.20 acres into 16 lots zoned R-O (Residential Office District). The property is situated in
the SE 1;4 of Section 2, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana.
II.
The comments of the Development Review Committee, along with those of Planning &
Community Development Staff, were ineorporated into a Staff Report with suggested conditions of
approval, whieh was provided to the Bozeman Planning Board.
III.
Notice of the time and date of the public meeting and public hearing was posted at the site and
also published in the Bozeman Daily Chronicle on May 19,2002. Said notice also served to inform
interested persons that materials were available for review at the Bozeman Planning & Community
Development Department.
The Bozeman Planning Board considered the application at its regular meeting on June 11,
2002. 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.
Staff reviewed the staff report and the evidence, which justified the imposition of conditions.
The applicant made a formal presentation in favor of the requested subdivision and agreed to
the conditions presented in the Staff Report with minor modification to condition #1.
The Planning Board then opened the pub lie hearing. There were no comments from the
general public regarding the proposed subdivision. Receiving no further response, the Planning Board
closed the public hearing.
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The Planning Board agreed that the conditions outlined in the staff report were necessary with
the proposed modification of condition #1 and the inclusion of two new conditions.
The Planning Board then voted on a motion regarding the subdivision. The motion, to
recommend approval ofthe subdivision with conditions as recommended by Staff with the following
modifications, changes, and/or inclusions: Modity condition #1 to read, "Per the Stoneridge PUD
development guidelines, all significant intersections between pedestrian traffic and vehieular traffic
within the subdivision will be provided with stamped asphalt pedestrian crossings"; add condition
#25: "Applicant shall install two (2) signs on both the north and south sides of Stoneridge Drive
where the pedestrian path intersects the street at both locations. The sign shall note "Pedestrian/Trail
Crossing" or approved equal. The applicant shall contact the City's Sign Department to determine
type and placement of said signs"; and add condition #26: "Applicant shall install a stamped asphalt
pedestrian crossing, with further development, across Stoneridge Drive in the vicinity of proposed
Lots 26 and 27 and Lots 18 and 19 to provide safer pedestrian movement across the straight section
of Stoneridge Drive", passed on a unanimous vote of 6 in favor and 0 in opposition.
IV.
The application was considered by the Bozeman City Commission at its regular meeting on
June 17, 2002, at which time the recommendation of the Planning Board and information compiled by
City staff was reviewed.
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.
There are no agricultural operations adjacent to this proposed subdivision.
2. Effects on Agricultural Water User Facilities.
There is an existing ditch, Catron stream/ditch, which parallels the proposed subdivision along
the west side. The conveyance is owned and maintained by the Gallatin County Farmers Ditch
Company and serves agricultural users to the north ofthe proposed subdivision. This watercourse has
also been classified by the Department ofFish, Wildlife and Parks as a combination stream/ditch. A
stream/diteh classification adds an additional review step by the Gallatin Conservation Board for any
discharges, culvert additions, etc. 310 permits would be obtained for any construction activity planned
in or around the watercourse (condition # 19).
3. Effects on Local Services.
Water/Sewer: Water/Sewer services can be provided by connection to existing main lines
located to the south in North 220d Avenue (conditions #16 and #20) and looped with lines located in
Windsor Street. General capacity limitations for water and sewer facilities are not anticipated by the
Engineering Department staffas a result of this major subdivision. The design and approval of water
and sewer facilities is addressed in recommended conditions # 16 and #23.
Streets: Street improvements, including city standard sidewalks are addressed in
recommended conditions #1 and #16.
4. Effects on the Natural Environment.
Stormwater and drainage will be addressed through conditions # 11 and # 15. Effects upon the
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natural environment as a result of the proposed subdivision are expected to be minimal.
5. Effects on Wildlife and Wildlife Habitat.
Due to its historically agricultural use and the future development of surrounding lands, no
significant adverse effects on wildlife or their habitat have been identified on the property. A 35-foot
watercourse setback will be maintained along Catron stream/ditch (condition #2).
6. Effects on Public Health and Safety.
Because development in the subdivision will be serviced by municipal sewer, the threat of
groundwater degradation from onsite sewage disposal will be eliminated (conditions #16 and #23).
ill COMPLIANCE WITH SURVEY REOUIREMENTS PROVIDED FOR IN PART 4 OF
THE MONT ANA SUBDIVISION AND PLATTING ACT. The subdivision complies or will
comply with survey requirements of the Act.
9 COMPLIANCE WITH THE BOZEMAN SUBDIVISION REGULATIONS.
With conditions, the final plat will comply with the regulations.
ill COMPLIANCE WITH THE REQUIRED SUBDIVISION REVIEW PROCESS.
The meeting before the Planning 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 on May 13, 2002, and the notice was published in the Bozeman
Daily Chronicle on May 19, 2002.
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E) PROVISION OF EASEMENTS FOR THE LOCATION AND INST ALL A nON OF ANY
PLANNED UTILITIES.
All utilities and necessary utility easements will be provided.
E) PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEL.
Legal and physical access to each parcel is provided from existing streets through the
subdivision.
ORDER
After considering all matters of record presented at the public hearing, the City Commission
found that the proposed subdivision would comply with the Bozeman 2020 Community Plan and the
requirements of the Bozeman Area Subdivision Regulations, the Montana Subdivision and Platting
Act, and the Bozeman Zoning Ordinance, 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 eomplies with all applicable regulations and all required criteria.
THEREFORE, IT IS HEREBY ORDERED that the Preliminary Subdivision Plat
of the Stoneridge pun Major Subdivision, Phase 2B for Cape-France, Inc., be approved, subject
to the following conditions:
Planning Subdivision Specific Conditions:
1. Per the Stoneridge PUD development guidelines, all significant intersections between
pedestrian traffic and vehicular traffic within the subdivision will be provided with
stamped asphalt pedestrian crossings. These crossings shall be of a different color and
texture than that of the rest of the parking area similar in style as to those previously
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installed within Phase 2A ofthe Stoneridge PUD. Specifically, pedestrian crossings will be
loeated at the intersections: 1) Stevens Street and North 19th Avenue; 2) Stevens Street
and Stoneridge Drive; 3) Stoneridge Drive and Maplewood Street; and 4) Stoneridge
Drive and Oak Street.
2. The physical location of Catron Creek shall be delineated on the final plat and a 35-foot
stream setback from the high water mark noted accordingly on the plat. Applicant should
be aware that any future site plan review may be required to follow the new watereourse
setback requirements (50 foot corridor) unless the City Commission grants this variance
under proposed PUD amendments.
3. Similar to Stoneridge POD Minor Subdivision # 1, the Catron Creek corridor landscape
improvements and public trail system shall be installed by the developer within one (1)
year of the final plat being filed.
4. Street lighting is currently being required with residential subdivisions to ensure adequate
street lighting throughout subdivisions. Lighting will be required of this subdivision as
well and will be required to be installed during any future site plan reviews in the same
manner and fashion as previously installed within Phase 2A.
5. Water rights, or cash-in-lieu thereof, shall be provided and paid for prior to filing the Final
Plat. The amount of water rights required will be determined by the Director of Public
Service based on the proposed Final Plat.
6. Applicant must complete any outstanding improvements required with previous Major
Subdivision, Phase 2A development prior to filing the final plat for Phase 2B.
7. The plat shall show a "no access" note prohibiting access from lots to North 19th Avenue.
8. Applicant should be made aware that future subdivision regulations shall require a
minimum distance of 315 feet between the intersection of Stoneridge Drive/Oak Street
and Oak Street/North 19111 Avenue. Should Phase 2B of the Stoneridge pun be further
divided into phases, future phases may involve requirements under new subdivision
regulations.
9. Applicant should be made aware that access onto Stoneridge Drive from Lots 22 and 23
may be restricted based on allowable distances for driveways in relationship to nearest
intersecting street.
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Engineering Subdivision Specific Conditions:
1 O. A variance from the street cut moratorium provision in the code will have to be requested
and granted for the installation of the Oak Street culvert.
11. Easements shall be provided for the proposed storm drainage ponds.
Planning Code Provisions:
12. 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-
1/2" floppy disk; and five (5) paper prints.
13. 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 of request for the extension of the period to the Planning Director for
the City Commission's consideration.
14. 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 completion of all improvements in accordance with the
Preliminary Plat submittal information 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
remaining improvements.
Engineering General Conditions:
15. 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 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 stormwater reeeiving 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.
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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.
Easements must be provided for the stormwater ponds for runoff generated by the
subdivision (e.g., general lot runoff, public or private streets, common open space, parks,
etc.).
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 Final Site Plan for each lot.
16. Plans and specifieations and a detailed design report for water and sewer main extensions,
storm sewer and the public street, prepared by a Professional Engineer, shall be provided
to and approved by the City 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 infrastructure improvements.
17. All infrastructure improvements including 1) water and sewer main extensions, and 2)
public streets, curb/gutter, sidewalks, and related storm drainage infrastructure
improvements shall be financially guaranteed or constructed prior to Final Plat approval.
18. The location of existing water and sewer mains shall be properly depicted. Proposed main
extensions shall be noted as proposed.
19. 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 Site Plan approval.
Water/Sewer Conditions:
20. The water main in Windsor has been extended and tied into the water main in Stoneridge.
To connect to this main will require a hot tap on the newly installed 8" main.
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21. The preliminary plat depicting water main extension will require some modification, i. e.
alignment and valve placement.
22. The existing sanitary sewer main available to serve those lots will be televised by this
department prior to and following installation of all proposed service connections.
23. This Department will review infrastructure improvements to service to this phase designed
by a professional engineer when they are provided.
Montana Department of Transportation eondition:
24. MDT will only permit right ingress/egress movements at West Stevens Street. The
approach shall be designed to prohibit left turn ingress/egress. The design may be modeled
after other right turn only approaches only North 19111 A venue and must be submitted,
along with any proposed modifications to the pavement markings, to MDT for review and
approval. Once approved, the applicant must submit a traffic control plan to the MDT's
Bozeman District Office prior to taking any action with MDT right-of-way.
Planning Board Conditions of Approval approved by City Commission:
25. Applicant shall install two (2) signs on both the north and south sides of Stone ridge Drive
where the pedestrian path intersects the street at both locations. The sign shall note
"Pedestrian/Trail Crossing" or approved equal. The applicant shall contact the City's Sign
Department to determine type and placement of said signs.
26. Applicant shall install a stamped asphalt pedestrian crossing, with further development,
across Stoneridge Drive in the vicinity of proposed Lots 26 and 27 and Lots 18 and 19 to
provide safer pedestrian movement across the straight section of Stoneridge Drive.
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 these Findings by the City
Commission, by following the procedures of Section 76-3-625, M.C.A. The preliminary approval of
this subdivision shall be effective for three years from the date of adoption of these Findings by the
City Commission. At the end of this period the City Commission may, at the written request of the
subdivider, extend its approval as provided for in the Bozeman Subdivision Regulations.
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DATED this 8th day of July ,2002.
BOZEMAN CITY COMMISSION
Byh~p -
Andrew L. Cetraro, Mayor Pro Tempore
ATTEST: APPROVED AS TO FORM:
r;J:-oi~
Robin L. Sullivan
Clerk of the Commission
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