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HomeMy WebLinkAbout99- Cape-France Enterprises for preliminary subdivision plat review of a four lot minor subdivision , . < . BEFORE THE BOZEMAN CITY COMMISSIONER CITY OF BOZEMAN, MONT ANA IN THE MATTER OF THE APPLICATION OF CAPE- FINDINGS OF F ACT FRANCE ENTERPRISES FOR PRELIMINARY AND ORDER SUBDIVISION PLAT REVIEW OF A FOUR LOT MINOR SUBDIVISION LOCATED IN THE NORTHEAST 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 Code Annotated, and FURTHER PURSUANT to the Bozeman Area Subdivision Regulations, the Bozeman City Commission reviewed the proposed Preliminary Subdivision Plat for StoneRidge Planned Unit Development, Minor Subdivision #2 to divide approximately 11.59 acres of land 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 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 F ACT 1. The application for preliminary plat review to divide 11.59 acres into four lots on land located in the northeast 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 Planned Unit Development Preliminary Plan Review application for StoneRidge Subdivision P.U.D.. II. The subdivision, as proposed, will create four (4) lots, Lot #1 - 1.61 acres, Lot #2 - 3.28 acres, Lot #3 - 1.51 acres, and Lot #4 - 4.27 acres for light industrial and commercial development. City standard streets with curb, gutter and sidewalk will be constructed within a sixty (60) foot wide STONERIDGEP.U.D. MINOR SUBDIVISION #2 - FINDINGS OF FACT AND ORDER I . . . dedicated public right-of-way. The proposed minor subdivision will have frontage on North 19th A venue and Baxter Lane. There are no significant physical or topographical features, water courses or mature vegetation existing on the property with exception to areas in the northwest comer designated as wetlands. No floodplain boundaries have been identified on the subdivision. No dedication of park land is required with this minor subdivision. A fifty (50) foot wide public greenway corridor easement is proposed along the North 19th Avenue frontage. 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 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, traffic impacts to North 1 gh A venue, applicable improvements, and impact fee credits. Staff reviewed the findings which justified the conditions, particularly noting Condition #1, #2 and #5 recommended by the City Engineer's Office which address the need for improvements to the intersection of North 19th Avenue and Baxter Lane, including signalization, deceleration and acceleration lanes on North 19th A venue, and need for a "looped" water main in the area. The applicant's representative, Lowell Springer, Springer Group Architects, made a STONERlDGE P.U.D. MINOR SUBDIVISION#2~FINDINGS OF FACT AND. ORDER Z . presentation in favor of the requested four lot minor subdivision, and remarked that special consideration be given to his client's fair share of participating in road and signalization improvements, as well as the need to clarify and simplify the impact fee ordinance. Mr. Springer referred to his letter of April 6, 1998, stating that they have reviewed the recommended conditions of approval and find them to 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 Staff's staff 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 in favor 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, and found as follows: 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 appears to have complied with the survey requirements in Part 4 of the Montana Subdivision and Platting Act based on the conditions outlined by the D.R.C. as it relates to the applicable certificates and dedication of right-of-way for Baxter Lane, and will be filed in 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. (iii) - Compliance with the local subdivision review procedures. The application generally complies with the subdivision review procedures for a STONERlDGEP.U.D. MINOR SUBDIVISION #2 . FINDINGS OF FACT AND ORDER 3 . . minor subdivision established in the Bozeman Area Subdivision Regulations. Based on the recommendation of the D.R.C. and other applicable review agencies, the Bozeman City-County Planning Board will review the proposed minor subdivision on March 17, 1998, and will forward a formal recommendation in a Resolution to the Bozeman City Commission. The City Commission will consider the application at their regular scheduled meeting at 3:00 p.m., April 6, 1998. 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 ofthe easements to the necessary entities. The 12- foot easement proposed along the frontage of each commercial lot shall be delineated on the plat and noted accordingly. 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 North 19th Avenue and Baxter Lane via an interior local subdivision street constructed to a City standard street within a 60-foot dedicated public right-of-way. Both the City Engineer's Office and Gallatin County Superintendent of Roads have stipulated that no direct access onto North 19th A venue or Baxter Lane will occur the individual commercial lots. As a result, direct access to each individual commercial lot will be attained by the interior public street. The Preliminary Plat incorrectly identifies the perimeter description of the property and must be revised with the Final Plat to properly include the fifty (50) foot wide strip of Baxter Lane that is being dedicated by the applicant as public right-of-way. 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. 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, MCA, 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 #2 for Cape/France Enterprises be therefore approved, subject to STQNERIDGE P.U.D. MINOR SUBDlVISIONH1" FINDINGS OF FACT AND OlIDER .. . the following conditions: 1. The applicant shall have a signal warrant study completed by a Professional Engineer for the intersection of North 19th Avenue and Baxter Lane considering the impacts of the Post Office which will be open prior to platting of the subdivision. If the warrant study indicates that a signal is currently warranted, the final plat shall not be filed until such time as the signal and associated intersection improvements are in place, or financially guaranteed. The signal and intersection 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. Any signalization and intersection improvements shall be subject to approval of the City Engineer and the Montana Department of Transportation. And if the warrant study indicates that a signal is not warranted at this time, but will be warranted at the time of full development of the subdivision, the applicant shall provide preliminary signalization plans for the intersection subject to approval of MDT and the City Engineer and a detailed estimate of the expected cost and prior to final plat approval the applicant shall provide to the city funds in the amount of 50% of the estimated costs of the approved signalization design. Alternatively, to comply with this condition, prior to filing ofthe final plat the applicant may enter into an agreement with the city, subject to the approval of the City Commission, for the installation of a traffic signal and associated intersection improvements at North 19th A venue and Baxter Lane; 2. A 150 foot long one foot wide no access strip shall be shown on the final plat on the north edge of Lot 1 beginning from the northwest comer of the lot; 3. The applicant shall construct deceleration and acceleration lanes in accordance with the Montana Department of Transportation standards on North 19th to facilitate right hand turns onto drive "A" and Baxter Lane, unless the applicant provides a detailed study showing that the lanes are not required and the Montana Department of Transportation concurs with the recommendation of the traffic study; 4. Drive" A" shall be constructed to the city standard width of 3 7 feet (back of curb to back of curb) and 5.5' wide boulevards and 5' wide sidewalks are required on both sides of the street; 5. Prior to the filing of the final plat the applicant shall submit a name for Drive "A" which will be subject to approval of the City Engineer; 6. Prior to filing of the final plat city standard sidewalk shall be designed and constructed or financially guaranteed along Baxter Lane from North 19th A venue to the east edge of Lot 2. City standard sidewalk or a year around accessible path alternative, subject to approval of the city engineer, shall be designed and constructed along the entire subdivision boundary along North 19th Avenue; 7. 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 calculations and a stormwater maintenance plan. Storm water 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. A mechanism shall be STONERIDGEP.U.D. MINOR SUBDIVISION #'Z - FINDINGS OF FACT AND ORDER 5 . . . developed to ensure maintenance of the storm drainage facilities associated with runoff from the street by the owners of the lots within the subdivision. 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 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; 8. The proposed abandonment of a portion of the utility easement on the east side of the subdivision shall not be completed as part of this application. The applicant is advised to apply to formally abandon the easement through the engineering department; 9. Prior to filing of the final plat the applicant shall pay the required amount of the payback of SID 621 sewer payback for the entire subdivision; 10. If at the time of plat filing the proposed 12" water line in Baxter Lane opposite of Lot 1 has not been installed, the applicant shall install or financially guarantee the installation of the line along the entire frontage of Lot 1 to provide adequate water service to the Lot; 11. The applicant is advised that the proposed 10" sewer line crossing of North 19th needs to be completed prior to the completion of Drive "A" or the installation will need to be postponed for 7 years after the construction of Drive "A" in accordance with the Municipal Code regarding street cuts; 12. 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 1 0 feet from the edge of easement; 13. The minimum water main size allowed for all projects in the city is eight (8) inch, unless otherwise approved by the City Engineer; 14. 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; 15. 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 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; 16. All infrastructure improvements including 1) water and sewer main extensions, and 2) public and/or private streets, curb/gutter, sidewalks, paths and related storm drainage infrastructure improvements shall be financially guaranteed or constructed prior to Final Plat approval. No building permits shall be issued prior to completion and City acceptance ofthe required infrastructure improvements listed above; 17. 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 Baxter Lane including paving, curb/gutter, sidewalk, and STONERIDGE P.U.D. MINOR SUBDIVISION #2 - FINDINGS OF FAct AND ORDER 6 . . . storm drainage. b. Signalization improvements to the intersection of North 19th Avenue and Baxter Lane. c. Signalization improvements to the intersection of North 19th A venue and Oak Street; 18. The applicant is advised that the final plat boundary will need to extend to the center of Baxter Lane in order to formally dedicate the right of way; 19. The applicant shall dedicate any right of way required for the future construction of Tschache Lane on the south end of the subdivision; 20. 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; 21. 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.; 22. Utility easements, a minimum oftwenty (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 .all 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; 23. 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; 24. Fifteen percent (15%, or 1.74 acres) of the required thirty percent (30%, or 3.48 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"; 25. That the applicant comply with the recommended conditions recommended by the Gallatin County Road & Bridge Office, dated February 9, 1998, prior to Final Plat approval; 26. The subdivision plat shall show the fifty (50) foot wide dedicated strip of Baxter Lane as being part of the original subdivision plat for review and approval by the Planning Office prior to Final Plat approval; 27. Utility easements proposed along the frontage of each subdivision lot shall be delineated on the subdivision plat for review and approval prior to Final Plat approval; 28. That the Zone Map Amendments to rezone said property from the "R-3" to "B-2" and "M.1" be formally adopted by ordinance by the City Commission prior to Final Plat approval; 29. 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 information 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 ofthe cost of the remaining improvements; 30. That the developer shall have three (3) years from the date of preliminary plat approval to STONERIDGEP.U.D. MINOR SUBDIVISIONNZ -FINDINGS OF FACT AND ORDER 7 . . . . complete the conditions of Preliminary Plat approval and apply for Final Plat approval for StoneRidge P.D.D. Minor Subdivision #1; and 31. 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 Mny ,1999. BOZEMAN CITY COMMISSION BY:~/~/~ lfre . Stiff, Mayor ATTEST: APPRovED AS TO FORM: /' OJ:ZM~ /c<u_ Robin Sullivan Clerk of the Commission STONERIDGEP.U.D.MINORSUBDlVISION #1.- FINDINGS OF FACT AND ORDER 8