HomeMy WebLinkAbout99- Cape-France Enterprises for preliminary subdivision plat review of a five lot minor subdivision findings of fact and order
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BEFORE THE BOZEMAN CITY COMMISSIONER
CITY OF BOZEMAN, MONTANA
IN THE MATTER OF THE APPLICATION OF CAPE- FINDINGS OF FACT
FRANCE ENTERPRISES FOR PRELIMINARY AND ORDER
SUBDIVISION PLAT REVIEW OF A FIVE LOT MINOR
SUBDIVISION LOCATED IN THE SOUTHEAST
ONE-QUARTER OF SECTION 2, TOWNSHIP 2 SOUTH,
RANGE 5 EAST, M.P.M., GALLATIN COUNTY, MONTANA
PURSUANT to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-
625, Montana Codes Annotated, and
FURTHER PURSUANT to the Bozeman Area Subdivision Regulations, the Bozeman City
Commission reviewed the proposed Preliminary Subdivision Plat for StoneRidge Plarmed Unit
Development, Minor Subdivision #1 to divide approximately 28.42 acres ofland 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. The Commission also considered the recommendation
of the Bozeman City-County Planning Board concerning the application.
It appeared to the City Commission that all parties and the public 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.
The application for preliminary plat review to divide 28.42 acres into five lots on land located
in the southeast one-quarter of Section 2, T2S, R5E, M.P.M., Gallatin County, Montana, was made
on February 10, 1998. An extension to the 35-day review period was requested by the applicant's
representative, Morrison-Maierle, Inc., in order to process the Preliminary Plat application
simultaneously with the Plarmed Unit Development Preliminary Plan Review application for
StoneRidge Subdivision P.U.D..
II.
The subdivision, as proposed, will create five (5) lots, Lot # 1 - 1.41 acres, Lot #2 - 1.29 acres,
Lot #3 - 0.98 acres, and Lot #4 - 1.08 acres for limited neighborhood commercial development, and
STONE RIDGE P.U.D. MINOR SUBDIVISION #1- FINDINGS OF FACT AND ORDER 1
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a remaining parcel Lot #5 - 23.66 acres for future commercial and residential development. Private
streets will be constructed for the development of Lots #1 - #4 and public streets constructed with
the future development of Lot #5. A forty (40) foot wide private access and public utility easement
will be recorded on the plat for private streets, and a sixty (60) foot wide public access and utility
easement for the extension of North 22nd Avenue to the intersection with North 19th Avenue will be
recorded. The proposed minor subdivision will have frontage on North 19th Avenue, West Oak Street
and Durston Road.
Catron Creek, a designated stream/ditch corridor runs the length of the subdivision from
south to north. No significant physical or topographical features, or mature vegetation exist on the
property with exception to the water course, Catron Creek. No wetlands or floodplain boundaries
have been identified on the subdivision. No dedication of park land is required with this minor
subdivision.
The applicant has requested to process the minor subdivision as a subdivision planned unit
development in order to construct private streets for Lots #1 - #4, in-lieu of City standard streets, and
also as a zoning planned unit development to reduce the twenty-five (25) foot wide front yard
setback to a fifteen (15) foot wide front yard setback along the private interior streets.
III.
Finding that the subdivision complied with the criteria outlined in Section 16.08.030
of the Bozeman Area Subdivision Regulations, the subdivision was eligible for minor subdivision
review and approval.
The Bozeman City-County Planning Office caused the subdivision submittal to re reviewed
by the Development Review Committee, and other applicable agencies and departments for review
and comment, per Section 16.08.030.C of the Subdivision Regulations. Those comments, along with
those of the City-County Planning Staff, were then incorporated into a Staff Report with
recommended conditions which was forwarded to the Bozeman City-County Planning Board for
their consideration at their March 17, 1998 regular meeting.
IV.
The matter was considered by the Bozeman City-County Planning Board on March 17, 1998.
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
STONERIDGE P.U.D. MINOR SUBDIVISION #1 . FINDINGS OF FACT AND ORDER 2
Bozeman Area Subdivision Regulations and the Bozeman Area Zoning Ordinance. The Planning
Staff reviewed the report and discussed the recommended conditions, including but not limited to
engineering related conditions regarding transportation system, private streets and applicable
improvements, pedestrian circulation, and open space.
Staff reviewed the findings which justified the conditions, noting especially Condition One
recommended by the City Engineer's Office which addresses the improvements ofthe intersection
of North 19th A venue and Durston Road to function at a level of service "C".
The applicant's representative, Lowell Springer, Springer Group Architects, made a
presentation in favor of the requested five lot minor subdivision, and remarked that special
consideration be given to the request for construction of private streets and reduced interior front
yard setbacks. Mr. Springer referred to his letter of April 6, 1998, stating that they have reviewed
the recommended conditions of approval and find them go be generally acceptable.
The Planning Board then opened the public hearing. Following three calls for public
testimony and receiving no response the Planning Board closed the public hearing.
After considering the Planning Staffs 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 8
for and 0 in opposition.
V.
The preliminary plat application was considered by the Bozeman City Commission at their
regular scheduled meeting on April 6, 1998, at which time the recommendation of the Planning
Board was reviewed by the City-County Planning Staff.
VI.
The application was considered by the Bozeman City Commission and weighed against the
review criteria established by Statute. The Commission found as follows:
1) EFFECTS ON AGRICULTURE:
The subject property is located in a subdivision proposal designated to develop as part of a
99-acre mixed-use planned unit development, consisting of residential, commercial, business
park and industrial. Although zoned and master planned for urban development, the subject
property has remained in agricultural activity until adequate infrastructure and transportation
facilities have been extended to the area. With the construction of North 19th Avene and
StONERIDGEP.U.D. MINOR SUBDIVISION #1 . FINDINGS OF FACT AND ORDER 3
extension of municipal infrastructure with West Oak Street, between North 7th Avenue and
North 19th A venue, the subject property is capable of developing at urban densities. Due to
the siting of the property within the corporate limits of the City of Bozeman and the adopted
land use classifications of the North 1 grh Avenue/Oak Street Corridor Master Plan the
property will no longer be considered an ideal location for agricultural activity.
Based on the Land Use Plan Element of the Bozeman Area Master Plan the area in question
is designated for commercial and residential land uses, which is reflected in the development
proposal for the StoneRidge mixed-use subdivision planned unit development. Therefore,
no adverse effects on agriculture would result from the proposed five-lot minor subdivision.
2) EFFECTS ON AGRICULTURAL WATER USER FACILITIES:
East Catron Creek, a designated stream/ditch, bisects the minor subdivision from north to
south, and is owned and maintained by the Gallatin Farmers Ditch Company serving
agricultural users to the north of the applicant's property. As an integral design of the master
plan for StoneRidge Subdivision P.U.D., the applicant proposes to realign the south extreme
of the watercourse as part of an open space stream corridor. Therefore, any discharges,
culvert additions, or realignment that effects the watercourse will require that the applicant
obtain a 310 permit for activity planned in or around the stream/ditch.
The applicant will also need to provide a written narrative stating that the proposed
relocation ofthe stream/ditch will not interfere with any agricultural water user facility and
that no irrigation ditches from downstream water rights will be effected by the relocation of
the stream/ditch. In no case will the maintenance of the stream/ditch be the responsibility
of the City of Bozeman.
(3) EFFECTS ON LOCAL SERVICES:
As the property is already 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 subdivision, asslUlling the proper
roadways and water supply are installed and maintained operational. Access to municipal
infrastructure is available as noted in the staff report. However, the cost of extending
infrastructure to the property will be the sole responsibility of the developer, unless over
sizing of water and/or sanitary sewer main capacities is requested by the City. In such cases
the City of Bozeman will participate in the over sizing of infrastructure.
Water
The extension of domestic water to the proposed minor subdivision is part of a larger water
supply project for approximately 605 acres of land in the general area of this subdivision.
The two principle projects that are involved include the Northwest Waterline S.I.D. and the
Cape/Saccoccia/Perkins waterline project. Water mains for the five-lot minor subdivision
will be provided with extensions and looping of existing main lines. With this major water
line project the applicant is proposing to tie into the existing municipal system at an
intersection of North 20th Avenue and Durston Road, and establish the required looping
system for adequate fire protection and domestic water.
Waste Water
The proposed sewer main extension for the minor subdivision will be installed as a 12-inch
main in accordance with the Waste Water Facility Plan. The developer will be responsible
for the cost of the main based on the installation of an 8-inch main as shown on the
Preliminary Plat. The additional capacity and over sizing will be based on a cost share
agreement with the City of Bozeman. A sewer payback to S.I.D. No. 621 shall be required
of the applicant for the 5-10t minor subdivision.
STONE.RIDGE P.U.D. MINOR SUBDIVISION #1 - FINDINGS OF FACT AND ORDER 4
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Streets
The Traffic Study prepared for the entire StoneRidge planned unit development anticipates
the estimated traffic generated by the 5-lot minor subdivision will generate approximately
4,501 vehicle trips per day, based on common land uses allowed in neighborhood
commercial development (convenience stores, professional offices, etc.). With full buildout
of the entire 99-acre subdivision approximately 22,839 vehicle trips per day will be
generated. The existing roads and intersections in the area of this subdivision are not capable
of carrying the additional traffic generated by this development. Improvements to the
intersection of North 19th Avenue with Durston Road, Oak Street, and Baxter Lane must be
completed in order to allow for the safe movement of traffic in this area. Section
16.18.050.D.7 establishes a minimum function level of Level of Service "c" for arterial
intersections. Currently, the intersection of North 19th Avenue and Durston Road does not
meet this standard, being at a Level of Service "F". The traffic to be generated by the
proposed five-lot minor subdivision will further degrade this intersection without
improvements to the geometric design and signalization system.
The County Road Superintendent notes that stop signs will be required at all intersections
of local subdivision streets with County maintained roads and encroachment permits for all
accesses onto county maintained roads will also be required. Both the Road Superintendent
and City Engineer's Office recommend that a one foot wide "No Access" strip for all
subdivision lots fronting Durston Road should be delineated and noted accordingly and on
the Final Plat. The intersection of Durst on Road and North 19th Avenue will require turning
bays as well as turn arrows on the traffic signal lights. A wavier of right-to-protest creation
of future R.LD.'s or S.LD.'s will be required of the applicant.
In anticipation of further subdividing Lot #5 at a later date, it was the applicant's intent to
not construct the extension of North 220d Avenue to the intersection of North 19th Avenue at
this time, which would also avoid major subdivision review ofthis minor subdivision. As
a result, the City Engineer's Office is recommending that 1) a pubic access and utility
easement be provided on the Final Plat of this minor subdivision for the future extension of
North 220d Avenue to North 19th Avenue. When Lot #5 is further subdivided and developed
the applicant shall dedicated the necessary right-of-way and install North 220d A venue. Due
to the unmitigated traffic impacts on the intersection of Oak Street and North 19th Avenue
the City Engineer's Office is requesting that a restriction be noted on the Final Plat that
allows no structures to be built on Lot #5 until such time as the lot is further subdivided.
To provide adequate pedestrian circulation along Drive "B", the access/utility easement shall
be widened to 51 feet to allow for construction of City standard boulevard sidewalks. The
proposed street names for Drive "A" and Drive"B" must be revised for review and approval
by the City Engineer. City standard curb, gutter and boulevard sidewalk shall be installed
along Durston Road from North 19th A venue to the west edge of Lot # 1.
Storm Water
As there are no storm water runoff facilities in the area of the proposed subdivision, on-site
retention/detention ponds will be required within the minor subdivision. A storm water
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's Office prior to Final Plat approval.
4) EFFECTS ON NATURAL ENVIRONMENT
No effects on the natural environment have been identified with this application with
exception to the relocation of Catron Creek at the south end of the five-lot minor subdivision.
As a result, a Section 310 permit must be obtained by the applicant which will involve
review and approval by the Montana Department ofFish, Wildlife & Parks to ensure that the
applicant will maintain, if not improve, the riparian nature of the watercourse. Although
S'tONERIDGEP.U.D.. MINOR SUBDIVISION #1 ~ FINDINGS OF FACT AND ORDER 5
there are wetlands situated further north on the applicant's property, no wetland boundaries
have been identified on this minor subdivision. Because of the historical use of the property
for agricultural activity there is limited mature vegetation, bushes, or mature trees on the site.
The Final Plat must delineate and note accordingly the thirty-five (35) foot stream setback
from Catron Creek. The 40-foot wide private access and utility easement for Drive "A" must
be located entirely outside to the thirty-five (35) foot stream setback.
5) EFFECTS ON WILDLIFE AND WILDLIFE HABITAT
Because the area in question was historically used for cultivating agricultural crops prior to
this development proposal, and no substantial amounts of mature vegetation, bushes or trees
exist on the property in question, no evidence of wildlife or wildlife habitat have been
identified. Therefore, no effects on wildlife and their habitat should occur as a result of the
proposed subdivision.
The property owner's protective covenants and restrictions for StoneRidge Subdivision
P.D.D. establish the greenway corridor along North Igh Avenue and stream corridor along
Catron Creek as area's of common open space for the development. At least fifty percent
(50%) of the required thirty percent (30%) open space for the planned unit development must
be in common ownership, or 4.263 acres ofthis minor subdivision. To satisfY the common
open space provision the Final Plat must identifY both corridors as "public common open
space easements".
6) EFFECTS ON PUBLIC HEALTH AND SAFETY
The Bozeman Development Review Committee (D.R.C), County Road Superintendent, and
other applicable review agencies reviewed the application for Preliminary Plat review of the
five-lot minor subdivision to create five commercial lots, and as result identified the most
significant impact to the area's public health and safety as the amount of traffic anticipated
to be generated by this development. lbis specifically involves the impacts to Durston Road
and improvements to the intersection of Durston Road and North 19th Avenue. A "No
Access" strip is must be provided along North 19th Avenue to maintain the road's limited
access status and function as an arterial road.
76-3-608(3)(b) M.C.A.
(i) - Compliance with survey requirements provided in Part 4 of the Montana
Subdivision and Platting Act.
The proposed minor subdivision will comply with the survey requirements in Part 4
of the Montana Subdivision and Platting Act when filed at 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. The private streets within the interior of
the subdivision appear appropriate based on the irregular shape of the subdivision
and physical constraints with the existing watercourse.
STONERIDGE P.D.D. MINOR SUBDIVISION #1 - FINDINGS OF FACT AND ORDER 6
(iii) - Compliance with the local subdivision review procedures.
The application complies with the subdivision review procedures for a minor
subdivision established in the Bozeman Area Subdivision Regulations.
76.3-608(3)(c) M.C.A.
(c) - Provision for easements for the location and installation of any planned utilities.
Appropriate easements shall be indicated on the Final Plat and the appropriate
certificate on the plat grants the use of the easements to the necessary entities. The
Development Review Committee recommended a condition of Preliminary Plat
approval that required the applicant to clearly identify all thirty (30) foot wide utility
easements on the Final Plat for sewer and water main extensions. 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 Durston Road and North 22nd Avenue with construction of two interior local
subdivision streets developed as private streets. The City Engineer's Office and Gallatin
County Superintendent of Roads have stipulated that no direct access onto Durston Road will
occur. As a result, direct access to each individual commercial lot will be attained by the
interior private streets. Prior to development of Lot #5 the applicant will need to extend and
improve North 22nd A venue to the intersection with North 19th Avenue.
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. Such conditions are justified by the findings made herein and the legal
criteria requiring conformance with the Master Plan, the requirements of Title 76, Chapter 3, the
Bozeman Area Subdivision Regulations, and the Bozeman Zoning Ordinance.
IT IS HEREBY ORDERED that the Preliminary Plat of StoneRidge Planned Unit
Development, Minor Subdivision #1 for Cape/France Enterprises be therefore approved, subject to
the following conditions:
1. The final plat shall not be filed until such time as improvements are in place, or financially
guaranteed, to improve the level of service at the intersection of North 19th A venue and
Durston Road. Such improvements shall improve the level of service to a level of "C" for
the design year which shall be 15 years following construction of the improvements;
2. The final plat shall not be filed until a traffic study is provided by the applicant and approved
by the City Engineer that identifies the impacts and level of service at the intersection of
North 22nd Avenue and Durston Road. If the traffic study shows that the level of service at
the intersection is less than level of service "D", the final plat shall not be filed until such
time as improvements are in place to improve the level of service to a level of "e" for the
design year which shall be 15 years following construction of the improvements. In lieu of
a traffic study, the applicant shall construct, or financially guarantee the construction of,
North 22nd A venue to city street standards from Annie Street to North 19th A venue prior to
STONERIDGE P.U.D.MINOR SUBDIVISION HI-FINDINGS OF FACf ANUORDER 7
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filing of the final;
3. An easement shall be granted on the final plat for the extension of North 22nd Avenue to
North 19th Avenue;
4. A one foot wide no access strip shall be shown on the final plat on the south edge of Lot 1
for a distance of 150' beginning from the west curb line of North 19th Avenue in accordance
with the Section 18.50.110 D of the Municipal Code;
5. Due to the unmitigated traffic impacts on the intersection of Oak Street and North 19th
A venue a restriction shall be noted on the final plat that allows for no structures to be built
on Lot 5 until such time as the lot is further subdivided. However prior to further platting,
one structure may be allowed along the extension of North 22nd A venue if it is built to city
standards from Annie Street to North 19th Avenue;
6. Since no alternate pedestrian pathway is proposed adjacent to Drive "B", the easement for
Drive "B" shall be widened to 51' to allow for the required construction of 5.5' wide
boulevards and 5' wide sidewalks on both sides of the 28 foot wide (back of curb to back of
curb) drive;
7. The property owners association, for this subdivision, shall provide for snow removal for
Charlotte Street from North 22nd to the beginning of Drive "B", unless the existing
temporary cul-de-sac is improved to city standards including curb and gutter, asphalt and
sidewalks due to the need to accommodate the city's snow removal program;
8. The proposed street names are unacceptable. Drive "B" shall be renamed Charlotte Street
and the applicant shall propose a name for Drive "A" which shall be subject to approval by the City
Engineer;
9. The final plat shall contain a note stating that the streets within the subdivision are private and the
lot owners are responsible for all maintenance;
10. Drive "A" and Drive "B" shall be signed on both sides with City Standard "No Parking" signs.
The number and format of the signs shall be coordinated with the City Sign Department;
11. Prior to filing ofthe final plat, curb and gutter and city standard sidewalk shall be designed
and constructed along Durston Road from North 19th Avenue to the west edge of Lot 1;
12. City standard residential sidewalks shall be constructed, or financially guaranteed, prior to
filing of the final plat as follows:
- South side of Lot 1.
- Along both sides of Drive "B", full length.
- Along the east side of Drive "A", full developed length;
13. The proposed trail along the west side of Drive "A" shall be constructed, or financially
guaranteed, prior to filing of the final plat. The trail shall extend, at a minimum, from the
edge of Durst on Road to the northeast comer of Lot 4. The property owners association shall
be responsible for year around maintenance of the trail including snow removal;
14. 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 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 receiving channel. The plan shall include sufficient site grading and
elevation information (particularly for the basin site, drainage ways and finished lot grades),
typical storm water detention/retention basin and discharge structure details, basin sizing
STONERIDGE P.U.D. MINOR SUBDIVISION #1- FINDINGS OF FACT AND ORDER 8
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calculations and a storm water maintenance plan.
Stormwater ponds for the subdivision shall not be located on privately owned lots. If
located within a park or open space the ponds shall be designed and constructed to be
conducive to the normal use and maintenance of the open space.
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 will be established based on
maximum site development. Final sizing for any proposed on lot facilities may be reviewed
and reduced or increased during design review of the FSP for each lot.
The hydraulic calculations and design for the Catron Irrigation Ditch must take into account
the fact that the Farmers Canal Company may use the ditch as a blow-off at any time and
without notice. A hydraulic profile will be required for the Catron Irrigation Ditch to
establish the elevation of the 100 year event. Finish floor elevations above the 100 year
flood elevations shall be established on the final plat.
The applicant is advised that although the general concept for storm drainage has been
reviewed, the submitted data will be subject to further review during the plan and
specification review and approval process;
15. Ditch relocation. The Montana Fish, Wildlife and Parks shall be contacted by the Applicant
regarding the proposed relocation and any required permits (Le., 310, 404, Turbidity
exemption, etc.) shall be obtained prior to approval of the associated plans and specifications
and prior to the initiation of construction;
16. The proposed sewer main, with the exception of that located in drive "B", shall be installed
as a 12" line in accordance with the Wastewater Facility Plan. The developer shall be
responsible for the cost that would be incurred with the installation of an 8" line as shown
on the preliminary plat. Any cost share agreement with the city for the over-sizing cost must
be approved by the City Commission prior to construction of the infrastructure. The 12"
main shall extend from the existing sewer main in Durston Road to the most northeasterly
existing manhole on the comer of Lot 5. The plat shall grant any additional easement needed
to allow for the installation and maintenance of the sewer line;
17. Prior to filing ofthe final plat the applicant shall pay the required amount of the payback of
SID 621 sewer payback for the entire subdivision;
18. The location of existing water and sewer mains shall be properly depicted. Proposed main
extensions shall be noted as proposed;
19. 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;
20. The minimum water main size allowed for all projects in the city is eight (8) inch, unless
otherwise approved by the City Engineer;
21. Water mains shall be installed a minimum of six (6) feet clear horizontal distance from all
proposed curb and gutter unless otherwise approved by the City Engineer and Water/Sewer
Superintendent;
22. All sewer manholes located outside of an improved surface shall be made accessible for
maintenance purposes by constructing an all weather access road capable of supporting the
city's maintenance equipment (12' wide) to provide access to each manhole;
23. Plans and specifications and a detailed design report for water and sewer main extensions,
storm drainage system and the public and/or private streets, prepared by a Professional
Engineer, shall be provided to and approved by the City Engineer and the Montana
STONERIDGE P.U.D. MINOR SUBDIVISION #1 - FINDINGS OF FACT AND ORDER 9
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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;
24. All infrastructure improvements including 1) water and sewer main extensions, and 2) public
and/or private streets, curb/gutter, sidewalks, paths and related stonn drainage infrastructure
improvements shall be financially guaranteed or constructed prior to Final Plat approval.
No building pennits shall be issued prior to completion and City acceptance of the required
infrastructure improvements listed above;
25. Applicant shall provide and file with the County Clerk and Recorder's office executed
Waivers of Right to Protest Creation of SIDs for the following:
a. Street improvements to Durston Road including paving, curb/gutter, sidewalk, and
stonn drainage.
b. Signalization improvements to the intersection of North 19th A venue and Durston
Road.
c. Signalization improvements to the intersection of North 19th A venue and Oak Street.
26. 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;
27. That the applicant obtain Montana Department of Health and Environmental Sciences
approval of the subdivision prior to Final Plat approval pursuant to Section 16.16.101
through 16.16.805. A.R.M.;
28. 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 Final Plat for review and approval by
the Planning Office prior to Final Plat approval, unless iill utility agencies provide written
documentation that said utility easements are not necessary. Page one of two for the Final
Plat shall delineate the 12-foot wide utility easement on all street frontages, except that there
will be no utilities installed within the 50-foot wide greenway corridor along North 19th
Avenue;
29. 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 Anny Corps of Engineer's
prior to Final Plat approval;
30. Fifty percent (50%, or 4.263 acres) of the required thirty percent (3(1>.10, or 8.526 acres) open
space shall be provided in common ownership and noted accordingly on the subdivision plat.
To accomplish this the greenway corridor should be identified on the Final Plat as a "50-ft
wide public greenway corridor common open space easement"; likewise with the 35-ft and
70-ft wide stream corridor for Catron Creek;
31. The Final Plat shall delineate the thirty-five (35) foot stream setback from Catron Creek;
32. The 40-foot wide private access and utility easement shall be located entirely outside of the
thirty-five (35) foot stream setback for Catron Creek;
33. The remaining portion of Lot #5, located between Lot #4 and the future extension of North
22nd A venue, is relatively long and narrow for development as professional offices based on
the yard setbacks and future frontage on a public street. A redesign of this portion of the
minor subdivision should be considered to avoid future hardships with development of this
STONERIDGEP.U.D. MINOR SUBDIVISION #l~ FINDINGS OF FACT AND ORDER 10
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area of the subdivision;
34. That the applicant comply with the recommendations of the County Road & Bridge
Superintendent as outlined in the memorandum of February 9, 1998 prior to Final Plat
approval;
35. 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 infonnation 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;
36. 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 for
StoneRidge P.D.D. Minor Subdivision #1; and
37. 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 3rd day of Mav ,1999.
BOZEMAN CITY COMMISSION
By: ~~/ /m_~
Alfred . Stiff, Mayor
ATTEST:
()~ j" J!_I1~
Robin Sullivan
Clerk of the Commission
STONERIDGE P.U.D. MINOR SUBDlVISIONNI. FINDINGS OF FACT AND ORDER 11
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