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HomeMy WebLinkAbout05- Plat Review Oak Springs Subdivision BEFORE THE BOZEMAN CITY COMMISSION IN THE MATTER OF THE APPLICATION OF FINDINGS OF FACT MCDOANLD LAND COMPANY FOR PRELIMINARY AND ORDER PLAT REVIEW OF OAK SPRINGS SUBDIVISION, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA 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, a public meeting and public hearing were scheduled, after notice given, before the Bozeman Planning Board on June 21, 2005, and before the Bozeman City Commission on July 5, 2005, on the above-entitled application. The applicant presented to the City Commission a proposed preliminary plat to subdivide 78.05::1:: acres and create one hundred eighty-eight (188) single-household residential lots, one hundred fifteen (115) townhouse lots, and eight (8) two-household residential lots, together with the required supplementary plans and information. The purpose of the public hearing was to consider all relevant evidence relating to public health, safety, and welfare, including the required environmental assessment and recommendation of the Planning Board, to determine whether the plat should be approved, conditionally approved, or disapproved. 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 City Commission makes the following Findings of Fact, as required: FINDINGS OF FACT I. The complete application for the preliminary subdivision plat review of Oak Springs, a residential major subdivision, was submitted to the City of Bozeman Department of Planning and Community Development on April 26, 2005. The preliminary subdivision plat, as proposed, will subdivide 78.05::1:: acres and create one hundred eighty-eight (188) single-household residential lots, one hundred fifteen (115) townhouse lots, and eight (8) two-household lots, dedicate approximately 10.40+ acres of public parkland, I Oak Springs Subdivision - Findings of Fact and Order 1 and construct City standard streets within dedicated public rights~of-way. All lots will be served by City of Bozeman water and sanitary sewer services and accessed by public streets with the extension the West Oak Street and connection to the existing Durston Road. All interior local subdivision streets will be constructed to City street standards within dedicated public rights-of-way. Said application for preliminary plat review and approval includes a request by the applicant for variances to the Unified Development Ordinance for Section 18.42.040.B "Block Length" to exceed the maximum block length of 400 feet, Section 18.44.090.D.3 "Access" to allow full access onto Durston Road and Oak Street from Yellowstone Avenue and Meagher Avenue, and Section 18.44.010.1 "Cul-de- sacs" to allow construction of the east end ofSkylar Avenue. II. Notice of a public meeting before the City of Bozeman Planning Board and public hearing before the Bozeman City Commission was published in the Bozeman Daily Chronicle on June 12,2005, and the notice was posted at the site and mailed by Certified mail, return receipt requested, to all adjoining property owners. III. The City of Bozeman Planning Board heard the matter of preliminary subdivision plat review of Oak Springs Subdivision on June 21, 2005. The Planning Staff reviewed the project at that time and discussed the reconunended conditions of the Development Review Committee and local review agencies, status of the annexation, establishing proper municipal loning designation, mix of land uses, construction of West Oak Street, traffic study warrants, applicant's request for variances to the subdivision regulations, public trail system, relocation of dedicated parkland, and provisions for dedicated parkland and open space. The Planning Staff reported that no written public testimony on this matter was received as of the public meeting before the Planning Board. I Oak Springs Subdivision - Findings of Fact and Order 2 - Mike Stewart, representing Land Equity Partners, discussed the annexation process with the adjoining landowner, Mr. Doug Smith, alignment of subdivision streets with the existing Meagher Avenue and Yellowstone A venues to the south, existing stream/ditch, subdivision design and mix of land uses, and approval of the Army Corps Section 404 Permits. Mr. Stewart stated they were in agreement with the recommended conditions of approval as written and clarified that they have agreed to provide the improvements to the park to include the tot lot and all of the associated landscape features along the stream corridor and everything east of the stream corridor. IV. The Planning Board then opened the public meeting portion on said matter. After three calls for public testimony, and after fInding no public testimony on the matter of proposed subdivision the Planning Board closed the public comment portion of the meeting, V. After reviewing the staff recommendation, hearing the applicant's presentation, hearing no public testimony on the matter, and fmding that the Preliminary Plat was properly submitted and reviewed under the procedures of the City of Bozeman Unified Development Ordinance, the Bozeman Zoning Ordinance, and the adopted growth policy, the Planning Board reviewed and considered the facts against the criteria related in Tide 7 6~ 3-608, M,C.A., 1999, The Planning Board considered the recommended conditions prepared by Planning Staff and Development Review Committee, and discussed the trail corridor, improvements to West Oak Street, alignment of Yellowstone A venue and Meagher A venue, traffic flow, and ground water conditions on the site. VII. The Planning Board then discussed the applicant's request for variances to UnifIed Development Ordinance, possible modifIcations to the recommended conditions of approval, and the need to add a new I Oak Springs Subdivision - Findings of Fact and Order 3 condition requiring a notation on the fInal plat for no basements and the presence of high ground water in the area. The Planning Board found that with the recommended conditions and addition of an new condition discussing a no basement restriction and presence of high ground water in the area, that the subdivision would comply with the primary review criteria, and therefore voted 5-0 to forward a recommendation of conditional approval to the Bozeman City Commission as set forth in Planning Resolution No. P-05019. VIII. The matter of preliminary plat review of Oak Springs Subdivision was considered at a public hearing before the City Commission on Tuesday, July 5, 2005. The Planning Staff reviewed the project at that time and forwarded the Planning Board's recommendation of conditional approval as set forth in Planning Resolution No. 1)-05019. Mr. Michael Stewart, representing the applicant, provided an overview of the proposed major subdivision and discussed parkland, mix of residential land uses, affordable housing, street improvements, and trail system. IX. The public hearing portion on this matter was then opened to hear public testimony on the matter with no members of general public offering public testimony on the matter. After calling three times for public testimony, and receiving none, the public hearing portion on this preliminary plat application was closed. X. The City Commission then considered the minutes of the Planning Board, Resolution of the Planning Board, Planning OffIce staff report, public record, the developer's testimony, and weighed the proposed subdivision against the primary criteria for consideration of subdivisions established in Title 76- 3-608, and found as follows: I Oak Springs Subdivision - Findings of Fact and Order 4 76-3-608.3(a) M.C.A. 1) EFFECTS ON AGRICULTURE: Historically, the subject property has been used for agricultural purposes with the majority of the 78.0S-acre parcel used for cultivating crops or pasture. Soil conditions confIrm the site as being good producing soils for agricultural activity and a viable farm unit. However, the limited area of the subject property is not of substantial size to accommodate a viable farmstead. The area is also identifIed for development as "Residential" on the Land Use Plan Element of the Bozeman 2020 Community Plan and is considered a reasonable area for urban inftll for residential development. 2) EFFECTS ON LOCAL SERVICES: Access to municipal infrastructure and public services is available as discussed 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. The City Engineer's Office has determined that adequate capacity is generally available in the facilities plan for municipal water and sanitary sewer to service the proposed subdivision. However, prior to the commencement of Phase III the subdivider must provide sewer flow monitoring for review by the City Engineer's Office to determine if the additional phases will cause downstream capacity problems in the collection system. All street improvements will be constructed to acceptable City standards with curb, f,'Utter, pavement, boulevard sidewalks, and storm water facilities. West Oak Street and Durston Road shall be constructed as minor arterial streets as identified in the Bozeman 2020 Community Plan and Greater Bozeman Area Transportation Plan, 2001 Update. All arterial and collector streets identified in the Impact Traffic Analysis and movements on intersection approach legs designated as arterial or collectors will operate at a minimum Level of Service "C" with exception to the intersection oEWest Oak Street and North 19th Avenue. As a result, signalization improvements at this intersection are recommended by the City Engineer's Office. Any remaining issues identifIed by the Development Review Committee are addressed in the recommended conditions of approval provided by the City Engineer's Office. 3) EFFECTS ON NATURAL ENVIRONMENT No significant physical or topographical features (i.e., water courses, wetlands, out croppings) have been identified on said property with exception to the natural resources and wetlands associated with the unnamed tributary of Baxter Creek that bisects the property. Any mitigation and enhancement of wetlands will occur only with the approval of 310 and/or 404 Permits ftom the Gallatin County Conservation District and Army Corp of Engineers. Groundwater quality will be protected by the installation of municipal sanitary sewer services, and provisions have been included in the applicant's submittal to address the control of noxious weeds, agricultural fencing and maintenance of park land/ open space 4) EFFECTS ON WILDLIFE AND WILDLIFE HABIT AT I Oak Springs Subdivision - Findings of Fact and Order :; The historical use of the property for agricultural purposes has limited the potential for development of significant areas of mature vegetation. No known endangered species or critical game ranges have been identified on the proposed subdivision. The Department of Fish, Wildlife & Parks has not identified any impacts on wildlife and wildlife game range habitat with this development proposal. Therefore, no significant effects on major wildlife game and their habitat should occur as a result of the proposed mixed-use major subdivision. 5) EFFECTS ON PUBLIC HEALTH AND SAFETY The Bozeman Development Review Committee (D.R.C.) reviewed the application for Preliminary Plat review of the Oak Springs Subdivision; and as result, has not identified any significant impacts to the area's public health and safety that can not be mitigated with the recommended conditions forwarded to the Planning Board and City Commission. Because development of the property will include municipal sanitary sewer services, the threat of groundwater degradation from on-site sewage disposal will be eliminated. There are no known, unmitigated natural or man-made hazards on this property. 6) EFFECT ON AGRICULTURAL WATER USERS FACILITIES The applicant notes in the Preliminary Plat application that no downstream water user facilities will be impacted with subdivision of the property. Although the subdivider does not anticipate any impacts to downstream water users with this subdivision, it is recommended that a written statement be provided on the final plat and protective covenants stating that the Oak Springs Subdivision will not interfere with any agricultural water user facility or irrigation ditches for downstream water rights. All subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, M.C.A., 1995 regardless of compliance with master plan status. As a result, the Planning Office has reviewed this application against the listed criteria and further provides the following summary review: 76-3-608.3.b.M.C.A. (i) - Compliance with survey requirements provided in Part 4 of the Montana Subdivision and Platting Act. Prior to filing of any plat(s) for this subdivision, said plats must comply with the survey requirements in Part 4 of the Montana Subdivision and Platting Act and will be ftled in the Gallatin County Clerk & Recorder's Office upon review and approval by City staff. (ii) _ Compliance with 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 ill the Unified Development Ordinance. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as a condition of approval, docs 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 Bozeman Unified Development Ordinance and shal1 be addressed on the final plat: I Oak Springs Subdivision - Findings of Fact and Order 6 a. Section 18A2.040.B - That all block lengths shall not be more than 400 feet in length nor less than 300 feet in length, unless a variance to Section 16.14.030 "Blocks" of the Bozeman Subdivision Regulations is granted by the City Commission. b. Section 18.42.150 - That the Lighting Plan shall reflect the standards outlined in the U.D.O. A lighting plan shall be submitted for review and approval prior to the contracting, creation of an S.I.L.D. and installation of the lights. The plan shall include a pole light detail with spacing based on high pedestrian conflict, a local street pole light at one per local street intersection, and a bollard light detail for placement at pathway/street intersections. All lights including the bollard light shall conform to the City's requirement for cut-off shields. c. Section 18A2.060.B - Requires all utility easements to be noted on the Final Plat for each typical subdivision lot/block, exclusive of notations on the fmal plat. d. Section 18A2.060DA - States that storm water runoff from a development shall not be discharged direcdy to an irrigation facility. e. Section 18A2.180.C - Requires 10% of the net building acreage to be dedicated to Restricted Size Lots, or a minimum of 173,355 square feet for this subdivision. The Final Plat must identify the RSL lots. f. , Section 18,48.070 - Irrigation, sod and street trees on all external streets and adjacent to public parks or other opens spaces is required of the developer. It is recommended that internal streets also be landscaped with boulevard trees to maintain consistency with an urban streetscape throughout the subdivision. 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 final plat, whichever comes first. g. Section 18.50.040 - The Park Master Plan will need to clearly identify who is responsible for improvements to the public parkland. Reference to "by others" will need to be more clearly outlined as to responsibility of improvements (i.e., homeowner's association, City of Bozeman, etc.). It is recommended that as part of the neighborhood center for this subdivision park that the tot lot and associated landscape improvements be installed by the developer. h. Section 18.50.080 - The subdivider will be responsible for leveling park area(s), amending the soil, seeding disturbed areas to allow mowing with turf type mowers, and installing an underground irrigation system in compliance with City standards. 1. Section 18.50.080D - All storm water retention or detention facilities may be located within a park but not counted towards the final parkland dedication. All areas identified in the subdivision for the purposes of retention/ detention storm water facilities shall be noted on the subdivision plat as "Common Areas" owned and maintained by the property owner's association, and noted accordingly in the property owner's association documents, for review and approval by the Planning Office. All storm water facilities must be designed in a fashion that is landscaped as effective landscape features (i.e., not rectangular or box-like), with slopes not more than 1:4 , or 25%, with an average depth of not more that two feet. All collection and outlet facilities must also be properly landscape and screened from the general public. All storm water facility oudet structures will be properly landscape and a minimum distance of not less than ten I Oak Springs Subdivision - Findings of Fact and Order 7 (10) from any watercourse high water mark will be required. Placement and design of the facilities will be approved by both the City Engineer's Office and Planning Office. J. Section 18.50.110 - Pathways must be maintained by the developer in conformance with the approved maintenance plan until 50% of the lots are sold. Thereafter, the homeowner's association is responsible for pathway maintenance. Plans and specifications for the trail will need to be reviewed by the Parks Department prior to construction. A Type II Class trail is recommended along the watercourse corridor with the placement appropriate pedestrian crossings at all intersections with interior subdivision streets. A typical cross section of the public trail shall be included in the landscape guidelines and will include trail specifications, typical landscape guidelines, and site grading plans for review and approval prior to final plat approval.. k. Section 18.72 - Requirements for bylaws, covenants, conditions and restrictions must contain provisions for: 1) the orientation and setback for corner lots, 2) additional setbacks required when adjacent to pathway corridors (i.e., P.A.C. corridors), 3) access to townhouses from alleys and the setback requirements for garages and/or parking stalls, 4) provisions for fences (i.e., sight vision triangle, protection and maintenance of adjacent agricultural fences, etc.), 5) provisions for maintenance and upkeep of all common areas, public and private parklands, trails, storm water runoff facilities, G) a Development Manual that outlines architectural and landscape guidelines for each individual lot and/or phase of the subdivision, including placement of boulevard trees at a regular spacing for each .tesidentiallot, 7) list of permitted land uses jn both the Rc2 and R-3 zoning designations, 8) a 25-foot setback off of Durston Road and West Oak Street for all lots fronting onto the minor arterial streets, 9) provisions that outline the renewal of an annual contract with a certified landscape nursery person for the upkeep and maintenance of all parklands, common open space, trails, etc., and 10) landscape details for detention ponds, outlet structures, boulevard trees, parkland, irrigation, etc 1. Section 18.78.070.D - the Final Park Plan must be submitted, reviewed and approved prior to submitting for Final Plat approval of the first phase of the major subdivision. Two bound copies of the plan shall be submitted to the Planning Office for review and approval prior to installation of any improvements or upon Final Plat approval, whichever comes first. The document shall address all of the criteria outlined in Section 18.78.060.P. The developer will submit a formal development plan signed by a certified landscape architect for the design of all dedicated parklands within said subdivision for review and approval by the Superintendent of Facilities and Public Lands, and Bozeman Recreation and Parks Advisory Board. Details of plantings, species, topography, irrigation system, and any permanent park features shall be shown and discussed with the plan. Construction of the parkland improvements will be to City standards and must be completed with City oversight. Improvements shall be installed within all dedicated parklands according to the Implementation Plan and schedule approved by the Superintendent of Facilities and Lands, and the Recreation and Parks Advisory Board. m. Section 18.78.060.G - A professional cultural resource inventory of the site to be conducted by a qualified archeologist is necessary. The results of said survey must be provided to the Planning Office and the State Historic Preservation Office prior to the disturbance of any of the subdivision grounds. I Oak Springs Subdivision - Findings of Fact and Order 8 n. Section 18.78.070.C - A Memorandum of Understanding shall be entered into by the Weed Control 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. o. That the applicant obtain written approval of a park land implementation plan outlining installation of landscape improvements, trail/bike path improvements, and maintenance and upkeep of the park lands and trails, and that said implementation plan be noted accordingly in the protective covenants and restrictions of the property owner's association documents, for review and approval prior to Final Plat approval. p. That a one (1) foot wide "No Access" strip be delineated on the Final Plat for all subdivision lots fronting direcdy onto West Oak Street and Durston Road, as well as a similar notation provided accordingly on the final plat for review and approval by the Planning Office. q. That the applicant verify that that all subdivision lots have the minimum required lot width at the front yard setback, including but not limited to Lot 8, Block 3; Lot 4, 5 and 6, Block 1,and Lot 17,18 and 19 of Block 15. r. That the final plat contain a notation stating that all downstream water user facilities will not be impacted by this subdivision and that it also be noted accordingly in the by-laws and protective covenants for the homeowners' association. s. That the fmal plat shall comply with Section 16.08.070 "Final Plat" and Chapter 16.32 "Certificates" of the City of Bozeman Subdivision Regulations, and shall conform to all requirements of the Uniform Standards for Final Subdivision Plats including provisions for all appropriate certificates and language, certification from the City Engineer that as-built drawings for public improvements were received, and accompanied by all appropriate documents, including a Platting Certificate. Four (4) mylar copies of the final plat must be submitted for final plat approval, along with two (2) digital copies of the fmal plat, on a double sided, high density 31/z-inch floppy disk; and five (5) paper prints. t. That the applicant obtain Montana Department of Environmental Quality approval of the subdivision prior to Final Plat approval pursuant to Section 16.16.1 01 through 16.16.805 A.R.M. u. That the applicant execute and fue with the fmal plat a waiver of right-to-protest creation of a city-wide park maintenance district for review and approval by the City of Bozeman for maintenance and upkeep of dedicated park land and trail system prior to Final Plat approval (may have been done with the Annexation Agreement). v. The final plat shall provide public utility easements along side and rear lots lines as required by the subdivision regulations. However, in the event front yard easements are used, side and rear yard easements must still be provided on the plat unless written confirmation is submitted to the Planning Office from all utility companies indicating that front yard easements are adequate to service said subdivision lots. The easement notation required in Section 16.14.050.B.4 of the Bozeman Subdivision regulations shall also be provided on the fmal plat. w. The subdivider shall ensure that all construction material and other debns are removed from the subdivision prior to fmal plat approval, or prior to release of said financial t,'Uarantee, if an Improvements Agreement is necessary with the final plat. I Oak Springs Suhdivision - Findings of Fact and Order 9 x. That the developer shall enter in 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 fued 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. y. 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. At the end of this period the City Commission may, at the written request of the subdivider, extend its approval for a period of no more than one (1) calendar year except that the City Commission may extend its approval for a period of more than one (1) year if that approval period is included as a specific condition of a written subdivision improvements agreement between the City Commission and the subdivider, provided for in Chapter 16.22 of the Bozeman Subdivision Regulations. z. That the applicant submit with the application for Final Plat review and approval of Oak Springs Subdivision., a written narrative stating how each of the conditions of Preliminary Plat approval and code provisions outlined on pages 12-17 of the staff report has been met or satisfactorily addressed. aa. Stormwater Master Plan: A StormwaterMaster 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 stormwater detentionlretention 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 conduci ve 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. bb. 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 has been conducted. I Oak Springs Subdivision - Findings of' Fact and Order 10 No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements. cc. 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 other non-lot frontages, and related storm drainage infrastructure improvements shall be financially guaranteed or constructed prior to Final Plat approval. dd. City 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. ee. The location of existing water and sewer mains shall be properly depicted. Proposed main extensions shall be noted as proposed. ff. 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 FSP approval. gg. Ditch relocation: a. The Montana Fish, Wildlife and Parks shall be contacted by the Applicant regarding the proposed relocation and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to FSP approval. b. The Applicant shall comply with all parts of section 18.42.060.D for any ditch relocation. hh. 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. II Project phasing shall be clearly defined including installation of infrastructure. JJ The developer shall make arrangements with the City Engineer's office to provide addresses for all individual lots in the subdivision prior to filing of the final plat. kk. 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.A.l of the Unified Development Ordinance. This shall be submitted as part of the final site 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. II. All construction activities shall comply with section 18.74.020.A.2. of the Unified Development Ordinance. This shall include routine cleaning/sweeping of material that is dragged to adjacent streets. The City 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 City for all costs associated with the work if it becomes necessary for the City to correct any problems that are identified. (iii) w Compliance with the local subdivision review procedures provided in Part 6 of the Montana Subdivision and Platting Act.. Oak Springs Subdivision - Findings of Fact and Order 11 The meeting before the Planning Board and hearing before the City Commission have been properly noticed, as required by the Bozeman Unified Development Ordinance. The notice was mailed to all adjoining property owners by certified mail and noticed in the Bozeman Daily Chronicle. Based on the recommendation of the D.R.C. and other applicable review agencies, as well as any public testimony received on the matter, the Bozeman Planning Board shall forward a recommendation in a Resolution to the Bozeman City Commission who will make the final decision on the applicant's request. 76-3-608.3.c. M.C.A. (c) - Provision for easements for the location and installation of any planned utilities. AU utilities and necessary utility easements will be provided and depicted accordingly on the [mal plat for each phase. 76-3-608.3.d. M.C.A. (d) - Provisions of legal and physical access to each parcel. All lots within the major subdivision will have direct access onto dedicated public streets. XIII. After considering all matters of record presented at the public hearing and meeting, the City Commission found that the proposed preliminary plat for Oak Springs Subdivision to subdivide 78.05::t acres and create one hundred eighty-eight (188) single-household residential lots, one hundred fifteen (115) townhouse lots, and eight (8) two-household residential lots, would comply with the requirements of the Bozeman Area Subdivision Regulations and the Montana Subdivision and Platting Act if certain conditions were imposed. ORDER IT IS HEREBY ORDERED, on a vote of 5-0, that the Preliminary Subdivision Plat to subdivide 78.05::t acres and create one hundred eighty-eight (188) single-household residential lots, one hundred fifteen (115) townhouse lots, and eight (8) two-household known as Oak Springs Subdivision has been found to meet the primary criteria of the Montana Subdivision and Platting Act, and is therefore approved, subject to the conditions listed below. The evidence as stated in the Findings of F act, justifies the conditions imposed on the subdivision to ensure that the final plat complies with aU applicable regulations, I Oak Springs Subdivision - Findings of Fact and Order 12 and all regUlred critena, that appropriate and safe vehicular and pedestrian circulation is provided, adeguate infrastructure and public services are provided, and adeguate public access, utility easements, and rights-of-way are provided. 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 this document by the City Commission, by following the procedures of Section 76-3-625, M.C.A. 1. The applicant must 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 any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. 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 has been conducted. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements. 3. 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 other non-lot frontages, and related storm drainage infrastructure improvements shall be financially guaranteed or constructed prior to Final Plat approval. City 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. 4. Half of Oak Street shall be improved to the 5-Lane Principal Arterial standard as shown in the Transportation Plan from the end of the existing street at Harvest Creek to the western boundary of the subdivision. 5. The north half of Durston Road shall be improved to the typical section being used on the City SID project along the entire frontage of the subdivision including tapers back to existing asphalt on the east and west cnd meeting AASHTO standards. All of the improvements to Durston Road shall be completed with Phase IV of the subdivision. I Oak Springs Subdivision - Findings of Fact and Order 13 . 6. Building Permits shall only be issued for the fIrst two phases of the subdivision until such time as Durston Road is improved from N. 19th Avenue to Fowler Avenue. 7. A temporary turnaround shall be installed at the west end of Dylan Lane. 8. Prior to commencement of phase three, sewer flow monitoring shall be performed to determine if the relief sewer main (N2) needs to be constructed. If it is determined that it is needed at that time, it shall be constructed and accepted prior to issuance of building permits for that phase. 9. The TraffIc Impact Analysis prepared for the project shall be reviewed and approved by MDT. The recommended improvements to the signal at Oak and 19'h shall be installed as part of the required infrastructure for Phase I. 10. The sidewalks adjacent to Oak and Durston shall be 6'wide, and shall be installed at the time the street improvements are done. 11. This property is part of all three Valley West payback districts. Pay backs will be due with each phase of the subdivision. 12. That the subdivision exemption for relocation of a common boundary between the adjoining landowner, Douglas L. Smith, and McDonald Land Company be executed at the Gallatin County Clerk & Recorder's OHice prior to submitting for fInal plat review and approval. 13. That water rights, or cash in-lieu thereof, shall be provided and paid for prior to fmal plat review and approval. If the fmal plat of the subdivision is fIled in phases, water rights, or eash in~lieu thereof will only be required for each phase of the subdivision that is being flied. The applicant shall provide payment of the calculated cash in-lieu of water rights based on an amount determined by the Director of Public Service. 14. Dedication of the public parkland will be with the fIrst phase of the major subdivision. 15. That portion of the public park that is not part of the McDonald Annexation will need to be annexed into the corporate limits of the City of Bozeman (i.e., annexation of Doug Smith property). 16. A i-foot wide "No Access" strip shall be shown on the plat along the entire frontage of Oak Street and Durston Road. 17. PRY s shall be installed at all connections to the existing water system on the south end of the subdivision The preliminary approval of this subdivision shall be effective for three (3) years from the date of Preliminary Plat approval, July 5, 2008. At the end of this period the City Commission may, at the request of the subdivider, extend its approval for not more than one (1) calendar year. However, preliminary I Oak Springs Subdivision - Findings of Fact and Order 14 . . approval may be extended for more than one (1) calendar year if the developer enters into, and secures, an Improvements Agreement for the Subdivision. DATED this I ).. 1";' day of Drc evrl b ~ (' ,2005. BOZEMAN CITY COMMISSION --1ftt - ANDREW L. CETRARO, Mayor ATTEST: V~../~ Robin Sullivan, Clerk of the Commission I Oak Springs Subdivision - Findings of Fact and Order 15