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ISton,,,,~igg~M~jbt Subdivision,PUD,:Flm#e IlA Findings of Fact and Order #P-OI20 I
BEFORE THE BOZEMAN CITY COMMISSION
GALLATIN COUNTY, MONTANA
IN THE MATTER OF THE APPLICATION OF CAPE- FINDINGS
FRANCE, INC., REPRESENTED BY MORRISON - OF FACT
MAIERLE, INC. AND SPRINGER GROUP, P.c. FOR AND ORDER
PRELIMINARY APPROVAL 0." STONERIDGE MAJOR
SUBDIVISION PLANNED UNIT DEVELOPMENT, PHASE II
This matter came before the Bozeman City Commission on August 20, 2001, 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
Planned Unit Development Preliminary Subdivision Plat for a subdivision consisting of nine
commercial as submitted in its original form on June 21. 2001, #P-0120. 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:
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ISloneridgeMaiorSupgiyi~ion PUD, Phase llA I1iIidings of Fact and Order #P-0120 I
FINDINGS OF FACT
I.
On June 21, 2001, Cape-France, Inc., represented by Morrison - Maierele, Inc., and
Springer Group, P.C., submitted an application for approval to create Stoneridge Subdivision
Planned Unit Development, Phase IIA, a major subdivision dividing 8.37 acres into nine (9)
commercial lots. The property is located in the SEl.t of Section 2, T2S, R5E, PMM, City of
Bozeman, Gallatin County, Montana. The subject property is zoned R-O (Residential Office
District) and B-1 (Neighborhood Service District). The applicant did request a relaxation on
front yard setbacks fronting private drives/streets as previously approved with the Planned Unit
Development.
n.
The comments of the 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.
Ill.
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 July 22, 2001. 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 August 7,
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1$,tQJ1clidge Major SubdiviSi~!1\~UP.Phasc IlA Findings offact and Ordcr #P~0120 I
2001. 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 req uested subdi vision and agreed to
most conditions presented in the Staff Report.
The Planning Board then opened the public hearing. There were no comments from the
general public. Receiving no further response, the Planning Board closed the public hearing.
The Planning Board agreed that the conditions outlined in the staff report were necessary;
though the Planning Board did forward a recommendation to the City Commission to include an
additional condition that the applicant provide a pedestrian safety device such as painting and/or
signage at the intersection of North 22nd A venue and the trail crossing.
The Planning Board then voted on a motion regarding the subdivision. The motion, to
recommend approval of the subdivision with conditions as recommended by Staff, 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
August 20, 2001, at which time the recommendation of the Planning Board and information
compiled by City staff were reviewed.
V.
The application was considered by the Bozeman City Commission and weighed against the
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ISt911(';ridg('; M~jorSQP.clivision'fil.in;:::lRi\lS('; lIA Findings of Fact and Order .#P..0120 I
review criteria established by Statute, and found as follows:
A) PRIMAR Y REVIEW CRITERIA
1. Effects on Agriculture.
The subdivision of this property shall not have any adverse impact on agriculture due to its
current use as a vacant parcel of land.
2. Effects on Agricultural Water User Facilities.
There are no agricultural water uses on the proposed subdivision. There is one detention area
proposed with the major subdivision. Design and specifications of this area will be reviewed with
final plat submittal.
3. Effects on Local Services.
Water/Sewer: Water/Sewer services can be provided by connection to existing main lines
located in Stoneridge Dri ve and North 22nd A venue. General capacity limitations for water and sewer
facilities are not anticipated by the Engineering Department staff as a result of this major
subdivision. The design and approval of water and sewer facilities is addressed in recommended
conditions #13.
Streets: Street improvements for North 22nd A venue and Stoneridge Drive have been installed
with the Stoneridge Minor Subdivision Planned Unit Development.
4. Effects on the Natural Environment.
Stonnwater and drainage will be addressed through condition #13. Applicant has entered
into an agreement for a Noxious Weed Management Plan with the Gallatin County Weed Board.
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IStoneridge M1l,IOI"I>\jpili",i$ionPUD, Phase IIA findip:i~Of Fact and Order #p.0l20 I
5. Effects on Wildlife and Wildl(fe Habitat.
Due to its historically vacant use and the development of surrounding subdivision, no
significant adverse effects on wildlife or their habitat have been identified on the propelty. Montana
Fish, Wildlife, and Parks has been contacted throughout the improvements to Catron Creek and 70-
foot stream corridor and will continue to be contacted with further development.
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 (condition #13).
ill COMPUANCE 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.
g COMPUANCE WITH THE BOZEMAN SUBDIVISION REGULA nONS.
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 July 17, 2001, and the notice was published in the Bozeman
Daily Chronicle on July 22,2001.
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I$~oneridge M1l.iQf:$ubdivisiont:lU'P>,l'hase IIA:J'i'inmltgsof Fact and Order #pc012(i) I
E) PROVISION OF EASEMENTS FOR THE LOCATION AND INST ALLA TION OF ANY
PLANNED UTILITIES.
All utilities and necessary utility easements will be provided.
B PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEL.
Legal and physical access to each parcel is provided from existing streets through the
subdi vision.
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 Area Master 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 complies with all applicable regulations and all required criteria.
THEREFORE, IT IS HEREBY ORDERED that the Preliminary Subdivision Plat of
Stoneridge Major Subdivision, Phase IIA Planned Unit Development for Cape-France, Inc., be
approved, subject to the following conditions:
Proiect Specific Conditions
Planning:
1. Stormwater detention ponds will not be permitted along the Catron Creek stream
corridor. This prohibition shall be noted in the protective covenants and by-laws.
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2. Stoneridge Drive shall terminate at North 22nd Avenue, the 40-foot private access
easement shall be removed from the final plat, and the public utility easement
shall be 30 feet and noted on the final plat.
3. 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.
4. The stormwater runoff swale proposed in the greenway corridor along North 19th
Avenue is not preferred by the Planning Staff. Unless it can be demonstrated that
the drainage swale can be a contributing landscape feature to the North 19th
Avenue greenway corridor, staff will recommend removal of this feature with
further site development. Details and specifications for the final plat shall be
included with the final plat submittal and subject to review and approval by the
Planning and Engineering Departments.
5. Similar to Stoneridge PUD 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.
6. The applicant shall provide permanent pedestrian crossings across all private
street intersections by either the installation of a 5-foot stamped concrete crossing
or installation of an alternative bituminous ovedayment material over the existing
street material
7. An interior street lighting system, utilizing cut-off shields, shall be installed which
meet the requirements of Montana Power Company and the City of Bozeman.
8. Applicant must provide water rights or cash-in-lieu prior to final plat for entire
subdivision.
9. Applicant must complete improvements required with previous Minor
Subdivision development or if substantial completion has occurred, financially
guarantee the remaining improvements.
10. The plat shall show a "no access" note prohibiting access from lots to North 19th
A venue.
11. Note on Sheet 1 of 2 contradicts Sheet 2 of 2 regarding 12' public utility
easements along street frontage vs. IS-foot easement shown. The final plat shall
show these corrections.
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IStCln~~lig~Major Stlbdi;"~$~Cln PUD,Pn:~~eIIA FinwngsQfFact and Order #P-OI20 I
12. Certificate of Dedication should be amended slightly so to say, private streets with
public easements.
Engineering Conditions:
13. Plans and specifications 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 had
been conducted.
No building permits shall be issued prior to substantial completion and City
acceptance of the required infrastructure improvements.
14. The water main extension shall be financially guaranteed or constructed prior to
final plat approval.
Planning Code Provisions:
15. The Pinal Plat shall conform to all requirements of the Bozeman Area Subdivision
Regulations and the Uniform Standards for Pinal 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 Pinal 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.
16. 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.
17. If it is the developer's intent to file the plat prior to the completion of all required
improvements, an Improvements Agreemerit 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 Pinal
Plat is filed prior to the installation of all improvements, the developer shall
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I StoriePQg~'Major Subdlvisll:ihJ'~lJD, PhasetlAFiIldings of Fact and Order #P-O 12(} I
supply the City of Bozeman with an acceptable method of security equal to 150%
of the cost of the remaining improvements.
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.
DATED this 4th September
day of AUgtl.8t, 2001.
BOZEMAN CITY COMMISSION
By: ~ (]/hr---
Marcia B. Youngman, Mayor
@./~
Robin L. Sullivan
Clerk of the Commission
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