HomeMy WebLinkAbout03- Cattail Creek Subdivision, Phase II
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BEFORE THE BOZEMAN CITY COMMISSION
IN THE MATTER OF THE APPLICATION OF FINDINGS OF FACT
SANDAN, L.L.c., FOR PRELIMINARY PLAT REVIEW AND ORDER
OF CATTAIL CREEK SUBDIVISION, PHASE II, 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 July 2, 2002, and before the
Bozeman City Commission on July 22, 2002, on the above-entitled application. The applicant prcsented to the
City Commission a proposed preliminary plat to subdivide 59.03:1: acres into thirty-one (31) multi-family
residential lots and forty-two (42) single family residential lots, a mixed-use residential subdivision, 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:
FINDINGOF FACT
I.
The complete application for the preliminary subdivision plat review of Cattail Creek Subdivision,
Phase II, a mixed-use residential major subdivision, was submitted to the City of Bozeman Department of
Planning and Community Development on May 17, 2002. The preliminary subdivision plat, as proposed, will
subdivide 59.03:1: acres of land into thirty-one (31) multi-family residential lots and forty-two (42) single family
residential lots, dedicate approximately 8.991 acres of public parkland, and construct City standard streets
within dedicated public rights-of-way. All lots will be served by City of Bozeman water and sanitary sewcr
services and accessed by public streets with the extension the east/west streets, Catron Street and Cattail Street,
Cattail Creek Subdivision, Phase II - Findings of Fact and Order 1
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. and connection with existing Davis Lane to the west of the preliminary plat application. All interior local
subdivision streets will be constructed to City street standards within dedicated public rights-of-way.
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 16, 2002, and the notice
was posted at the site and mailed by Certified mail, return receipt requested, to all adjoining property owners.
III.
The Bozeman Planning Board heard the matter of preliminary subdivision plat review on Junc 2, 2002.
The Planning Staff rcviewed the project at that time and discussed the recommended conditions of the
Development Review Committee and local agencies, status of annexation, establishing proper municipal zoning
designations, revisions to the homeowner's protective covenants, and the construction of Davis Lane as a
secondary access.
The Planning Staff reported that public testimony on this matter had been received expressing concern
with regard to existing irrigation ditches being filled in during construction of subdivision streets, which effected
downstream water user facilities and irrigation rights.
Dave Crawford, Thomas, Dean, and Hoskins, engineering representing the applicant, SANDAN, L.L.C.,
discussed the issue related to the filling in of the existing irrigation ditch and recommended alternative language
to address the relocation of irrigation ditches. Mr. Crawford expressed concern with condition #6b,
recommended modifications to condition #1, #4, #5, #8, #15, #22, and discussed the diff-'erence betwecn
"common open space" and "private open space".
Rob Pertzborn, Prugh and Lennon Architects, architect representing the applicant, SANDAN, L.L.c.,
discussed the parkland concepts, maintenance of parkland improvements, and the provisions for subdivision
street lighting recommended in the staff report.
IV.
The Planning Board then opened the public meeting portion on this matter. Mr. Dave Weaver,
representing Bob Davis, former landowner, reported that an irrigation ditch on said property was filled in
Cattail Creek Su bdivision, Phase II - Findings of Fact and Order 2
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without permission to relocate or fill the ditch. Mr. Weaver further stated that Mr. Davis objects to the
interference in the operation of the ditch when reference in the transfer of deed stated that the ditch and utility
easements shall remain in effect.
Mr. Crawford, Thomas, Dean and Hoskins, representing the applicant, commented that research by the
applicant's legal council found no reserved easements for the ditches.
No further public testimony in favor of, or in opposition to, the proposed mixed-use residential major
subdivision was presented before the Planning Board.
V.
After hearing all public testimony and finding that the Preliminary Plat was properly submitted and
reviewed under the procedures of the Bozeman Area Subdivision Regulations, the Bozeman Zoning Ordinance,
and the Bozeman Area Master Plan, the Planning Board reviewed and considered the facts against the criteria
related in Title 76-3-608, M.C.A., 1999.
The Planning Board considered the recommended conditions prepared by the Planning Staff and
Development Review Committee, and discussed the referenced irrigation ditch, authority of approval for
relocation of the ditch, and amendments to the recommended condition with regard to detennining what is
consistent with Montana law.
The Board further commented that the Planning Board was not the venue for a decision on the matter
and that condition #6b should be amended to include language that makes the condition consistent with Montana
law.
VI.
The Planning Board found that with the attached conditions and recommended revisions to said
conditions, 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-02023 with said revisions to the recommended conditions: 1) delete condition #4, 2) add "water and
sewer mains and main extensions" to condition #2, change FSP to Pinal Plat approval in condition # I, #5, #6,
and striking the last sentence in condition # I, 3) amend condition #6b to read: "Ditch relocation shall be
Cattail Creek Subdivision, Phase II - Findings of Fact and Order 3
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. consistent with applicable law," 4) modify condition #15 to include the language in condition #22 and delete
condition #22, 5) change "width" to "height" in condition #29, 6) replace "that" with "it" in condition #33, 7)
amend language in condition #34 to: a) eliminate "applicable National," and b) delete "and controlled by motion
detectors," and 8) amend condition #40 to change from "phase I" to "phase 2".
VII.
The matter was considered at a public hearing before the City Commission on Monday, July 22, 2002.
The Planning Staff reviewed the project at that time and forwarded the Planning Board's recommendation of
conditional approval to the City Commission.
Mr. David Crawford, Thomas, Dean and Hoskins, engineer consultant representing the applicant,
SANDAN L.L.c., discussed the timing of annexation of said property prior to final plat approval and the issue
related to a described irrigation ditch on said property.
Mr. Rob Pertzborn, Prugh and Lenon Architects, architect representing the applicant, SANDAN, L.L.c.,
commented on the dedicated parkland and related parkland improvements, and recommended new language for
condition #17 of the Planning Board Resolution. Mr. Pertzborn commented further that with the recommended
language for condition #17, that all other conditions forwarded by the Planning Board are acceptable.
VIII.
The public hearing portion on this matter was then opened to hear public testimony.
Mr. David Weaver, attorney representing Mr. Bob Davis, commented that his client is concerned about
interference with the subject irrigation ditch or any other ditch to be relocated, stressing that the water must
continue to flow, and voiced support of the recommendations contained in the Planning Staffs memo of July
17, 2002.
Mr. Bob Davis, head of the Farmer's Canal Company, expressed his concern with maintaining the
existing network of irrigation ditches in the area and noted the Company has considered tubing a number of
ditches but found the process extremely difficult.
No public testimony in opposition to the proposed major subdivision was presented.
Cattail Creek Subdivision, Phase 11 - Findings of Fact and Order 4
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After calling three times for additional public testimony, and receiving none, the public hearing portion
on this preliminary plat application was closed.
IX.
The City Commission then considered the minutes of the Planning Board, Resolution of the Planning
Board, staff report, public record, developer's testimony, and weighed the applicant's the proposed subdivision
against the primary criteria for subdivisions established in Title 76-3-608, and found as follows:
76-3-608, M.C.A.
1) EFFECTS ON AGRICULTURE:
Historically, the subject property has been used for agricultural purposes with the majority of the 60+-
acre parcel used for cultivating crops or pasture. The Soil Potential Maps identify the site as being good
producing soils for agricultural activity and a viable farm unit. As a result, 61 + acres of good producing
agricultural land will be eliminated from agricultural activity based on the Soil Maps.
2) EFFECTS ON LOCAL SERVICES:
The applicant is requesting to annex the property to the corporate limits of the City of Bozeman, and
ultimately develop at urban densities by accessing municipal infrastructure for sanitary sewer and
domestic water service, as well as obtain emergency services for police and tire protection. Thc cost of
extending infrastructure to the property will be the sole responsibility of the developer, unlcss 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 Waste Water Facilities Plan identifies the construction of a 27-inch sewcr trunk main just north of
the proposed subdivision, which will be necessary with the development of this property. The extension
and interior looping of the City of Bozeman water distribution system for domestic and fire protection
services will also be required for the mixed-use development. Prior to installation of municipal
infrastructure, plans and specifications for the main extensions must be provided for review and
approval by the City Engineer's Office and Montana Department of Environmental Quality. No
building permits shall be issued prior to substantial completion and City acceptance of the required
infrastructure improvements.
The extension of Deadman's Gulch trom North 19th Avenue will be required if the street is to serve as
one of two principle accesses. Signalization at the intersection of Deadman's Gulch and North 19th
Avenue may also be necessary, contingent on the findings of the Montana Department of Transportation
prior to the applicant applying for Final Plat review and approval.
3) EFFECTS ON NATURAL ENVIRONMENT
No significant physical or topographical features, exclusive of the creek and associated wetlands, have
been identified on Phase I of Cattail Creek Subdivision. The watercourse has been "tagged" by the
Recreation and Parks Advisory Board as a public linear open space corridor through the development of
Cattail Creek Subdivision, which involves landscape, landscape features, berms and construction of a
public trail/bike path.
Cattail Creek Subdivision, Phase II - Findings of Fact and Order 5
Provisions should be implemented in the protective covenants and restrictions for the subdivision that
eliminates any potential storm water drainage swales in the required yard setbacks of the individual lots
unless they are piped underground. Provisions have already been included in the applicant's submittal
to address the control of noxious weeds, agricultural fencing and the maintenance of park land/open
space.
4) EFFECTS ON WILDLIFE AND WILDLIFE HABITAT
Because the area in question was historically used for cultivating agricultural crops prior to this
development proposal, and finding no substantial amounts of mature vegetation, bushes or trees existing
on the property in question, no evidence of significant wildlife or wildlife habitant have been identified.
The riparian area of the watercourse and established wetlands will remain in their current natural state
with the exception of the proposed Cattail Drive and Catron Street crossings. Therefore, no effects on
any significant wildlife and their habitat should occur as a result of the proposed subdivision.
5) EFFECTS ON PUBLIC HEALTH AND SAFETY
The Bozeman Development Review Committee (D.R.C.) reviewed the application for Preliminary Plat
review of Cattail Creek Subdivision, Phase II, and as result have determined that said impacts to the
area's public health and safety identified with this subdivision proposal and outlined in the staff report,
have the ability to be mitigated based on the recommended conditions of approval prepared by the
D.R.C.
6) EFFECT ON AGRICULTURAL WATER USERS FACILITIES
The existing watercourse will not be relocated and/or altered with this subdivision proposal with
exception to the two street crossings. The applicant's narrative states that there will minimal impacts to
downstream water users facilities during construction. None the less, the applicant will still need to
provide a written narrative stating that the development of Phase 1\ will not interfere with any
agricultural water user facility, irrigation ditches for downstream water rights will be effected.
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.
The proposed major subdivision appears to have complied with the survey requirements in Part
4 of the Montana Subdivision and Platting Act 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 major subdivision is in general compliance with the Bozeman Area Subdivision
Regulations based on the recommended conditions provided by the Bozeman Development
Review Committee and other applicable review agencies.
Cattail Creek Subdivision, Phase II ~ Findings of Fact and Order 6
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(Hi) - Compliance with the local subdivision review procedures.
The application generally complies with the subdivision review procedures for a major
subdivision established in the Bozeman Area Subdivision Regulations. Based on thc
recommendation of the D.R.C. and other applicable review agencies, as well as any public
testimony received. The Bozeman Planning Board has forwarded a recommendation of
conditional approval in a Resolution to the Bozeman City Commission who will make the final
decision on the proposed major subdivision.
76-3-608.3.c, M.C.A.
(c) - Provision for easements for the location and installation of any planned utilities.
All new facilities (i.e., electricity, gas, telephone, cable) will be installed underground.
Appropriate easements shall be indicated on the Final Plat and the appropriate certificate on the
plat granting 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 the thirty (30) foot wide utility easement on the Final Plat for sewer and water
mains that are located outside of dedicated public right-of-ways.
76-3-608.3.d, M.C.A.
(d) - Provisions oflegal and physical access to each parcel.
Legal and physical access to this application for Preliminary Plat review will occur from the
construction of Deadman's Gulch and extension of Catron Street. Both North 2ih Avenue and
Cattail Drive are identified as collector roads for this area and will be constructed according to
City collector standards. Direct access to each individual lot will occur from interior local
subdivision streets built to City standards and located within 60-foot or 65-foot wide dcdicated
rights-of-way. No direct access to Cattail Drive will be permitted and shall be noted
accordingly on the Final Plat for this subdivision.
X.
After considering all matters of record presented at the public hearing and meeting, the Commission
found the proposed preliminary plat for Cattail Creek Subdivision, Phase II, a mixed-use major subdivision,
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 create thirty-one
(31) multi-family residential lots and forty-two (42) single family residential lots known as Cattail Creek
Subdivision, Phase II, 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 Fact,
Cattail Creek Subdivision, Phase II - Findings of Fact and Order 7
justifies the conditions imposed on the subdivision to ensure that the final plat complies with all applicable
regulations, and all required criteria, that appropriate and safe vehicular and pedestrian circulation is provided,
adequate infrastructure and public services are provided, and adequate 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. Stonnwater 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 stormwater detention/retention 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
conducive 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 stonn retention facilities for each lot will be established based on maximum site
development.
2. Plans and specifications and a detailed design report for water and sewer mains and 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. Project phasing shall be clearly defined
including installation of infrastructure. 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 I) water and sewer main extensions, and 2) public streets,
curb/gutter, sidewalks, and related storm drainage infrastructure improvements shall be financially
guaranteed or constructed prior to final plat approval. No building permits shall be issued prior to
substantial completion and City acceptance of the required infrastructure improvements.
Cattail Creek Subdivision, Phase II - Findings of Fact and Order 8
& 4. The Montana Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army
Corps of Engineers shall be contacted regarding the proposed project and any rcquired permits (i.c.,
310,404, Turbidity exemption, etc.) shall be obtained prior to final plat approval.
5. 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 final plat approval.
b. Ditch relocation shall be consistent with applicable law.
6. 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.
7. 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.
8. Davis Lane from the northern boundary of this subdivision to Baxter Lane shall be improved to one
half of minor arterial standard as shown in the Greater Bozeman Area Transportation Plan 2001
Update. The road improvements shall be complete or financially guaranteed prior to filing of the final
plat. No building permits will be issued prior to construction and acceptance of the required
improvements. The County Road Superintendent will need to approve any improvements in the
unannexed portion of Davis Lane.
9. The Traffic Impact Study submitted for the project shows that this subdivision will cause the level of
service at several intersections to degrade below an acceptable level of service as stipulated in the
subdivision regulations. Improvements shall be made as part of this subdivision to bring all of the
identified intersections up to an acceptable level of service. If improvements other than those discussed
in the Traffic Impact Study are proposed, the Study shall be updated based on the proposed
improvements to show the resulting level of service. All improvements shall be complete or financially
guaranteed prior to filing of the final plat. No building permits will be issued prior to construction and
acceptance of the required improvements.
10. That prior to the applicant applying for final plat rcview and approval of Phase II, a written request for
"automatic annexation" shall be submitted to the Planning Office along with a written statement by the
Fire Marshal and Superintendent of Water! Sewer stating that municipal water has been extended to the
site and considered useable, and that said annexation to the corporate limits of the City of Bozeman
shall be formally approved by the City Commission, a Resolution of Annexation adopted, and the
Annexation Agreement executed by both the applicant and the City of Bozeman.
11. That the applicant completes the contingencies and terms of approval for the zone map amendment to
establish municipal zoning designations on said property and that the zoning ordinance be formally
adopted by the City Commission, prior to submitting for final plat review and approval of any phase(s)
of said major subdivision.
12. A one (1) foot wide "No Access" strip for all lots fronting onto Davis Lane shall be noted on the final
subdivision plat.
Cattail Creek Subdivision, Phase II - Findings of Fact and Order 9
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13. The yard setbacks for all subdivision lots in Blocks 10, II, and 12 backing onto Davis Lane shall have
a 25-foot rear yard setback along the arterial street and noted accordingly in the covenants and
restrictions for the homeowners' association.
14. That water rights, or cash in lieu thereof, shall be provided and paid for prior to final plat review and
approval. If the final plat of the subdivision is filed in phases, water rights, or cash in lieu thereof will
only be required for each phase of the subdivision that is being filcd. The applicant shall provide
payment of the calculated cash in lieu of water rights based on an amount detcrmined by the Director of
Public Service.
15. That the developer submits a formal development plan signed by a certified landscape architect for the
design of all dedicated park lands within said subdivision for review and approval by the Superintendent
of Facilities and 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.
Furthermore, the design and construction of the stormwater facilities located in or adjacent to public
parkland(s) and the Cattail Creek public parkland corridor be limited to a depth of not more than I Y2
feet with slopes not greater than I :4, or 25-percent slope, and designed as non-geometric landscape
features for review and approval by the Planning Office prior to final plat approval.
16. That the applicant obtain written approval from the Superintendent of Facilities and Lands of a
parkland implemcntation plan outlining installation and maintenance of proposed landscape and trail
improvements for all dedicated parklands, and that said implcmentation plan be noted accordingly in
the protective covenants and restrictions, for review and approval prior to final plat approval. All
parklands and stream corridors will be dedicated to the general public but improved and maintained by
the homeowners' association until such time that a City-wide park maintenance district is in place.
Provisions in the association documents shall contain language for assessment of the maintenance and
upkeep of all parklands, as well as provisions for contracting for said services.
17. That the final plat contain a notation stating that all downstream water user facilities and irrigation
ditches for downstream water rights will not be affected or impacted by this subdivision and that it also
be noted accordingly in the by-laws and protective covenants for the homeowners' association.
18. That the by~laws and protective covenants of the homeowners' association include language that
defines the front and rear yards of each individual comer subdivision lot as those yards that coincide
with the orientation of all yards established by the interior subdivision lots of each block, and that the
determination of all required yards shall be further reviewed and approved by the Planning Office
during the processing of applications for building permits for each individual residential dwelling.
19. That all areas for the collection of storm water runoff shall be described as "Common Open Space"
owned and maintained by the homeowners' association, and noted accordingly in the by-laws and
protective covenants, for review and approval by the Planning Office prior to final plat approval.
20. Per Section 16.14.130 "Watercourse Setbacks" of the City of Bozeman Interim Subdivision
Regulations, the final plat shall establish minimum thirty-five (35) foot stream setbacks, or larger, from
all waterways existing within said subdivision, and that it be noted accordingly on the final plat and
within the declaration of protective covenants and restrictions prior to final plat approval.
Cattail Creek Subdivision, Phase II - Findings of Fact and Order 10
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21. That the final plat shall comply with Section 16.08.050 "Final Plat" and Chapter 16.32 "Certificates" of
the City of Bozeman Interim Subdivision Regulations, and shall conform to all requirements of the
Uniform Standards for Final Subdivision Plats and 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 mylar
copies of the final plat must be submitted for final plat approval, along with two (2) digital copies of the
final plat, on a double sided, high density 3Y2-inch floppy disk; and five (5) paper prints.
22. That the applicant obtain Montana Department of Environmental Quality approval of the subdivision
prior to fInal plat approval pursuant to Sections 16.16.10 I through 16.16.805 A.R.M.
23. That applicant submit with the final plat application, for review and approval by the Planning Office,
protective covenants, restrictions and articles of incorporation for Phase II as being party to the
homeowners' association of Cattail Creek Subdivision, which shall be recorded and filed at the Gallatin
County Clerk and Recorder's Office with the final plat for each phase.
24. That prior to proceeding with any significant ground disturbance or installation of municipal
infrastructure and/or streets, the applicant shall provide the Planning Office with a Cultural Resource
Inventory determining if any unknown or unrecorded cultural resources exist on the site in question and
if such sites do exist, whether or not they will impacted by the development of said lands.
25. That the final plat contains the minimum twenty (20) foot wide utility easements on all side and rear
property lines as required by the Subdivision Regulations. The requirement of utility easements in the
side property lines may be waived when all local utility agencies and the Director of Public Service
agree in writing that utilities can be installed in the twelve (12) foot wide and ten (10) foot wide utility
easements along the front and rear of the residential lots or other proposed easements and that utility
easements along the side property lines are not necessary,
The width of all utility easements along the rear of the lots must be verified on the plat by the
applicant's consultant, and reviewed and approved by the Planning Office prior to final plat approval.
In addition, the width of all utility easements along front and rear yards shall be referenced as a "utility
easement" in writing on the final plat instead of using only a numerical value on the plat
26. That the final plat contain the following language that is readily visible with bold lettering, at a
minimum height of lI8-inch, placing future landowners of individual lots on notice of the presence of
high groundwater in the area of the subdivision for review and approval by the Planning Office:
"Due to relatively high groundwater table within the areas of the subdivision, it is not
recommended that residential dwellings or commercial structures with full or partial
basements be constructed without first consulting a professional engineer licensed in the
State of Montana and qualified in the certification of residential and commercial
construction."
27. Prior to fIling the fInal plat for each phase, the applicant shall verify all street names with the Gallatin
County GIS Department, County Road and Bridge Department, and City Engineer's Office, to avoid
duplication of street and road names countywide.
28. Prior to filing of the final plat for each phase of the subdivision the applicant must provide written
documentation of having entered into a signed Memorandum of Understanding with the County Weed
Control District and City of Bozeman Parks Department verifying the implementation of a noxious
weed management and revegetation plan and for erosion control along all waterway channels for two
(2) consecutive growing seasons after implementation of any stream enhancement activity.
Cattail Creek Subdivision, Phase II - Findings of Fact and Order 11
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29. The applicant shall obtain approval from the City Engineer's Office for the location of all mailboxes
within public right-of-way prior to proceeding with installation.
30. No stormwater runoff swales and/or ditches shall be allowed in required yard setbacks unless it is
reviewed and approved by the City Engineer's Office and Planning Office prior to final plat approval.
31. Street lighting shall be incorporated into the subdivision by one of the following: a) applicant shall
install adequate street lighting throughout the subdivision. Lighting shall be maintained by means of
the homeowners' association through protective covenants; or b) applicant shall participate in a Street
Lighting District. Street lighting will provide the necessary lighting in accordance with safety standards
consistent with the preservation of dark skies. All subdivision lighting provided shall conform to
Section 18.50.035 of the Bozeman zone code. Details and specifications (cut sheets), including bulb
type and size, and locations shall be provided with the final plat and shall be subject to review and
approval by the Planning and Engineering Departments.
In addition to current City standards, all outdoor lighting, residential, commercial or otherwise, shall be
free of glare, and shall be fully shielded or shall be indirect lighting. No direct lighting shall be emitted
beyond a property's lot line. No ranch lights or unshielded lights shall be permitted. No mercury vapor
lights shall be permitted. Alley lights shall be fully shielded lights. Covenants of the development shall
reflect these restrictions. For purposes of this paragraph, the following definitions shall apply:
a) Fully shielded lights: Outdoor light fixtures shielded or constructed so that no light rays are
emitted by the installed fixture at angles above the horizontal plane as certified by a
photometric test expert;
b) Indirect light: Direct light that has been reflected or has scattered off of other surfaces;
c) Glare: Light emitting from a luminaire with an intensity great enough to reduce a viewer's
ability to see, and in extreme cases, causing momentary blindness; and
d) Outdoor lighting: The nighttime illumination of an outside area or object by any man-made
device located outdoors that produces light by any means."
32. All corner subdivision lots for single family development should be designed to establish an additional
ten (10) feet of lot width than the interior subdivision lots proposed in each block to address the
required corner side front yard setback. The covenants for the homeowners' association document
must contain language that will address the orientation of all corner lot residential structures to be
similar to that of the orientation of all interior lots (i.e., orientation offront and rear yards).
33. It is generally difficult to place a typical single-family residence on single-family residential lots that do
not contain a minimum depth of 110 feet. Lot 10, Block 15, may cause difficulty with the placement of
a residential structure on the property.
34. Covenants, restrictions, and articles of incorporation for the creation of a homeowners' association shall
be submitted with the final plat application and shall contain, but not be limited to, provisions for
assessment, maintenance, repair and upkeep of common open space areas, public parkland/open space
corridors, storm water facilities, public trails, snow removal, and other areas common to the association.
The declaration should also be modified to: I) require that all principal and accessory structures,
including alley-accessed garages, will comply with the required yard setbacks, 2) require any reference
to parkland and linear trail system to be identified and defined as "Public" Parkland and Linear Trail
Cattail Creek Subdivision, Phase II - Findings of Fact and Order 12
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.. System, and 3) eliminate reference to County Commission as having jurisdiction as the governing
body.
35. The subdivider shall ensure that all construction material and other debris is removed from the
subdivision prior to final plat approval, or prior to release of said financial guarantee, if 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, and the
developer shall supply the City of Bozeman with an acceptable method of security equal to one
hundred fifty (150) percent ofthe estimated cost of the remaining improvements.
36. If the final plat for any phase of the subdivision is to be filed prior to installation, certification, and
acceptance of all required improvements by the City of Bozeman, 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, and the
developer shall supply the City of Bozeman with an acceptable method of security equal to one
hundred fifty (150) percent of the estimated cost ofthe remaining
37. 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 Phase II.
38. That the applicant submits with the application for final plat review and approval of Cattail Creek
Subdivision, Phase II, a written narrative stating how each of the conditions of preliminary plat
approval have been satisfactorily addressed.
The preliminary approval of this subdivision shall be effective for three (3) years from the date of
Preliminary Plat approval, July 22, 2002. At the end of this period the City Commission may, at the request of
the subdivider, extend its approval for not more than one (I) calendar year. However, preliminary 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 31st day of Ma rch ,2003.
BOZEMAN CITY COMMISSION
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TEV N R. KI HOFF, M
Cattail Creek Su bdivision, Phase II - Findings of Fact and Order 13
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ATTEST: AS TO FORM:
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Robin Sullivan, Clerk of the Commission
Cattail Creek Subdivision, Phase II - Findings of Fact and Order 14