HomeMy WebLinkAbout03- Alder Creek Subdivision
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BEFORE THE BOZEMAN CITY COMMISSION
IN THE MATTER OF THE APPLICATION OF FINDINGS OF FACT
MAHAR MONTANA HOMES, FOR PRELIMINARY AND ORDER
PLAT REVIEW OF ALDER CREEK SUBDMSION,
PHASE I-V, 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 May 6, 2003, and before the
Bozeman City Commission on May 19, 2003, on the above-entitled application. The applicant presented to the
City Commission a proposed preliminary plat to subdivide 75.2569:t acres into two hundred fifty-one (251)
residential lots, cansisting of one hundred fifty-three (153) single-household residential lots and a portion of the
major subdivision as a zoning residential planned unit development containing sixty-two (62) single-household
residential lots and thirty-six (36) two-household residential lots, together with the required supplementary plans
and infarmation. The purpose of the public hearing was to cansider 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 sa, 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:
FINDING OF FACT
I.
The complete application for the preliminary subdivision plat review of Alder Creek Subdivision, Phase
I-V, a residential major subdivision, was submitted to the City of Bozeman Department of Planning and
Community Development on May 30, 2003, upon the submittal of pravisions for implementation of an
Affordable Housing Plan and Urban Design Plan for said subdivision. The preliminary subdivision plat, as
proposed, will subdivide 74.2569:1: acres of land into two hundred fifty-one (251) residential lots, consisting of
Alder Creek Subdivision, Phase 1- V ~ Findings of Fact and Order 1
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one hundred fifty-three (153) single-household residential lots and a portion of the major subdivision as a zoning
residential planned unit development containing sixty-two (62) single-household residential lots and thirty-six
(36) two-household residential lots, dedicate approximately 7.63+ 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 sewer services and accessed by public streets with the extension the Graf Street and connection to the
existing South Third Avenue. 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 April 20, 2003, and the notice
was posted at the site and mailed by Certified mail, return receipt requested, to all adjoining property owners.
At the applicant's request for variances to the City of Bozeman Subdivision Regulations, a second
notice of a public meeting before the City of Bozeman Planning Baard and a public hearing before the Bozeman
City Commission was published in the Bozeman Daily Chronicle on April 25, 2003, and the notice was posted
at the site and mailed by Certified mail, return receipt requested, to all adjoining property owners.
III.
After consideration of the Planning Staff's recommendation to open and continue the public meeting
before the City of Bozeman Planning Board in order to notice the applicant's request for variances to the
Bozeman Area Subdivision Regulations, the Planning Board vated 8-0 on May 6, 2003 to open and continue the
matter of preliminary subdivision plat review of Alder Creek Subdivision, PhaseJ-V, to May 20,2003.
IV.
The City of Bozeman Planning Board heard the matter of preliminary subdivision plat review of Alder
Creek Subdivision, Phase I-IV, on May 20, 2003.
The Planning Staff reviewed the project at that time and discussed the recommended conditions of the
Development Review Committee and local review agencies, status of the annexation, establishing proper
municipal zoning designation, construction of South 11 th A venue, traffic study warrants, applicant's request for
Alder Creek Subdivision, Phase I-V - Findings of Fact and Order 2
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variances to the subdivision regulations, public trail system, and provisions for dedicated parkland and open
space.
The Planning Staff reported that no written public testimony on this matter was received, with exception
to residents contacting the Planning Office with questions in regard to zoning, permitted land uses, traffic
impacts, area's transportation network system, parkland, and public trail system
Holly Brown, legal counsel representing Mahar Montana Homes, discussed issues related to the planned
unit development aspects of the subdivisian, affordable housing plan, landscape buffers, entryway boulevard at
Alder Creek Drive, and street connectivity. Ms. Brown expressed concern with condition # 18 giving authority
to the City of Bozeman Recreation and Parks Advisory Board to determine the type of playground equipment to
be installed in the public park, and recommended that future residents be given the opportunity to determine the
use of the public parkland.
Per Hjalmarsson of C & H Engineering, engineering consultant far Mahar Montana Homes, discussed
sanitary sewer and water capacity in the area of the major subdivision, traffic study, impact of traffic on area
schools, warrant study for the intersection of Kagy Boulevard and South 3rd Avenue, and different levels of
traffic at street intersections related to the applicant's traffic study.
V.
The Planning Baard then opened the public meeting portion on this matter with four (4) members of
gene!al public commenting on community involvement with developed City lands that is encouraged in the
Bozeman 2020 Community Plan, traffic impacts, school children safety from traffic, preservation of existing
vegetation, and the need for controlled pedestrian crossings on South 3rd Avenue.
After three calls for further public testimony, and after finding no further public testimony in favor af,
or in opposition to, the proposed subdivision the Planning Board c1ased the public comment portion of the
meeting.
VI.
After hearing all of the 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
Alder Creek Subdivision, Phase I-V - Findings of Fact and Order 3
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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 four~way stop signs for South 3rd Avenue, required
parkland and provisions for open space, traffic impacts, design guidelines for residential dwellings, pedestrian
trail system, diversity in home types and designs, validity of the applicant's traffic study, need for development
of a collector road to the north, and local traffic calming in the area of the public park.
VII.
The Planning Board then discussed the applicant's request for a variance to Section 16.14.030.B and
Section 16.14.030.D the Bozeman Subdivision Regulations related to subdivision block lengths and rights-of-
way for pedestrians, and after finding the applicant's request for said variances would comply with the criteria
set forth for consideration, voted 6-2 to recommend approval of the variance to Section 16.14.030.B, and voted
8-0 to recommend approval of the variance to Section 16.14.030.D of the subdivision regulations.
VIII.
The Planning Board then discussed modifications to the recommended conditions of approval regarding
the need to re-evaluate of the applicant's traffic analysis study, installation of playground equipment in the
public parkland, pedestrian street crossings, and the need to broaden the color palette and use of materials for the
residential dwellings ofthe proposed major subdivision.
The Planning Board found that with the attached conditions and recommended revisions to said
conditions, that the subdivision would comply with the primary review criteria, and therefore voted 8~0 to
forward a recommendation of conditional approval to the Bozeman City Commission as set forth in Planning
Resolution No. P-030 1 0 with said revisions to the recommended conditions: 1) amend condition # 18 to install a
perimeter hedge along the public park with Phase III, 2) amend condition #32 to include pedestrian markings
and signage for crossings at Hidden Spring Street and Alder Creek Street, 3) amend condition #38 that the
applicant broaden the developmental guidelines for the color palette and materials of residential dwellings.
Alder Creek Subdivision, Phase I-V - Findings of Fact and Order 4
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IX.
After considering the Planning Staffs recommendation to open and continue the public hearing before
the City Commission in order to notice the applicant's request for variances to the Bozeman Area Subdivision
Regulations, the City Commission voted 5-0 on May 19, 2003 to open and continue the matter of the
preliminary subdivision plat review of Alder Creek Subdivision, Phase I~V, to June 2,2003.
X.
The matter of preliminary plat review of Alder Creek Subdivision, Phase I-V, was considered at a public
hearing befare the City Commission on Monday, June 2, 2003.
The Planning Staff reviewed the project at that time and forwarded the Planning Board's
recommendation of conditional approval to the City Commission set forth in Planning Resolution No. P-03010.
Mr. Joe Mahar, representing Mahar Montana Homes, discussed the revisions to the major subdivision
sought by the City Commission, proposed "R-2" zoning designation, design of residential dwellings, landscape
features, main subdivision entrance from South 3rd A venue, and subdivision streetscape.
Ms. Holly Brown, attorney representing the applicant, noted the points af the major subdivision
addressed by the Planning Board, proposed land use patterns, affordable housing units, and requested to modifY
the contingency of annexation related to implementation of an Affordable Housing Plan with the subdivision
proposal to reflect the draft plan prepared by the Community Affordable Housing Advisory Board.
XI.
The public hearing portion on this matter was then reopened to hear public testimony on the matter with
four (4) members of general public and Planning Board member, Brian Close, commenting on the accuracy of
the applicant's traffic study, trail system improvements, four-way stop at the intersection of South 3rd Avenue
and Cambridge Drive, completion of street improvements in the area, safety of school children from vehicular
movement, traffic speeds, and impact of vehicle headlights on neighboring subdivisions.
Mr. Bob Murray of the City Engineer's Office discussed his evaluation of the applicant's traffic impact
analysis and found it to be consistent with other recent studies. Mr. Murray then discussed alternatives to ensure
workable safety measures far pedestrian crossings along South 11 th A venue.
Alder Creek Subdivision, Phase I-V - Findings of Fact and Order 5
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Mr. Robert Marvin of Marvin and Associates stated his firm's approach in preparing the traffic impact
analysis for Alder Creek Subdivision, determinations on the Levels of Service at key intersections, and why
warrants for installation ofa four-way stop at South 3rd Avenue and Cambridge Drive would not be met.
After calling three times for additional public testimony, and receiving none, the public hearing portion
on this preliminary plat application was closed.
XII.
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:
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 ofthe 74.25-
acre parcel used for cultivating crops ar pasture. Soil conditions confirm the site as being good
producing soils for agricultural activity and a viable fann unit. However, the limited area of the subject
property is not of a 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 infill for residential development.
2) EFFECTS ON LOCAL SERVICES:
Access to municipal infrastructure and public services is available as discussed by the Planning Office
and City Engineer's Office. 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 pravide 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, gutter, pavement,
boulevard sidewalks, and storm water facilities. South 11 th A venue shall be constructed as a collector
street 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 collectars will operate at a minimum
Level of Service "C". As a result, signalization improvements to the area's transportation network
system are not necessary with this subdivision proposal. Any remaining issues identified by the
Development Review Committee are addressed in the recommended conditions of approval provided by
the City Engineer's Office.
Alder Creek Subdivision, Phase I-V - Findings of Fact and Order 6
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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
midsection irrigation ditch that bisects the property. Any mitigation and enhancement of wetlands will
occur only with the approval of 310 and/or 404 Permits from 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 HABITAT
The historical use af 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 ofFish, 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 Alder Creek Subdivisian, Phase I-V, 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 af the property will
include municipal sanitary sewer services, the threat of groundwater degradation from on-site sewage
disposal with the existing residential structures will be eliminated.
6) EFFECT ON AGRICULTURAL WATER USERS FACILITIES
The applicant notes in the applicatian for preliminary plat review that the subject property does provide
agricultural water user facilities to downstream users. Although the subdivider does not anticipate any
impacts to downstream water users with this subdivision, it will be necessary for the applicant to
provide a written statement on the final plat and protective covenants stating that the Alder Creek
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.
The propased major subdivision will comply with the survey requirements in Part 4 of the
Montana Subdivisian 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.
Alder Creek Subdivision, Phase I-V - Findings of Fact and Order 7
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The proposed subdivision is in general compliance with the City of Bozeman Subdivision
Regulations based on the recommended conditions of approval provided by the Bozeman
Development Review Committee. The Planning Office has recommended approval of the
applicant's request for two variances to subdivision regulations, and is based on review of the
four criteria for consideration of variance requests.
(Hi) - Compliance with the local subdivision review procedures.
The application generally complies with the subdivision review procedures for a major
subdivision established in the City of Bozeman Subdivision Regulations. Based on the
recommendation of the D.R.C. and other applicable review agencies, as well as public
testimony received, the Bozeman Planning Board shall forward a formal recommendation by
Resolution to the Bozeman City Commission who will make the final decision an 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 delineated on the Final Plat and the appropriate certificate on
the plat granting the use of the easements to the necessary entities will be provided. The
Development Review Committee recommended a condition of Preliminary Plat approval that
required the applicant to clearly identify the thirty (30) foot wide utility and access easement on
the Final Plat for public access, and sewer and water main extensions.
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 an
interior network of local subdivision streets for all subdivision lots, that cannects with the area's
transportation network system. This includes South 3rd Avenue, GrafStreet, and construction of
South 11th A venue, all identified as collector roads in the Greater Bozeman Transportation Plan.
XIII.
After considering all matters of record presented at the public hearing and meeting, the City
Commission found that the proposed preliminary plat for Alder Creek Subdivision, Phase I-IV, to divide
74.256:1: acres and create two hundred fifty-one (251) residentiallats, consisting of one hundred fifty-three (153)
single-household residential lots and a portion of the major subdivision as a zoning residential planned unit
development containing sixty-two (62) single-household residential lots and thirty-six (36) 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.
Alder Creek Subdivision, Phase I-V - Findings of Fact and Order 8
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ORDER
IT IS HEREBY ORDERED, on a vote of 5-0, that the Preliminary Subdivision Plat to create two
hundred fifty-one (251) residential lots, consisting of one hundred fifty-three (153) single-household residential
lots and a portion of the major subdivision as a zoning residential planned unit development containing sixty-
two (62) single-household residential lots and thirty-six (36) two-household residential lots known as Alder
Creek Subdivision, Phase I-V, has been found to meet the primary criteria af the Mantana Subdivision and
Platting Act, and is therefore approved, subject to the conditions listed below. The evidence as stated in the
Findings of Fact, 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. 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 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. The ponds on lots 117 and 241 shall be relocated.
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.
2. Plans and specifications and a detailed design report for water and sewer main extensions, storm sewer
and the public street, prepared by a Professianal Engineer, shall be provided to and approved by the City
Engineer and the Montana Department of Environmental Quality. The applicant shall also provide professional
Alder Creek Subdivision, Phase 1- V ~ Findings of Fact and Order 9
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engineering services for construction inspection, past-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. The location of existing water and sewer mains shall be properly depicted. Proposed main extensions
shall be noted as proposed.
5. Flood plain:
a) A Flood Plain Development Permit must be obtained from the City Engineer prior to any
construction within the delineated 1 DO-year floodplain.
b) Culvert sizing design calculations shall be provided for the floodplain crossings.
6. 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 required permits (i.e., 310, 404,
turbidity exemption, etc.) shall be obtained prior to beginning construction.
7. Ditch relocation:
a. The Montana Fish, Wildlife and Parks shall be contacted by the applicant regarding the
proposed relocation, and any required permits (Le., 310, 404, turbidity exemption, etc.) shall be
obtained prior to beginning construction.
b. The applicant shall obtain written permission from the ditch owner for the proposed ditch
relocation.
8. 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.
9. 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.
10. Easements must be obtained from the property owner to the north for the offsite sewer and water main
extensions.
11. All alleys that provide primary access to lots shall be paved.
Alder Creek Subdivision, Phase I-V - Findings of Fact and Order 10
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12. The alleys in Block 15 and 16 must either be widened to 30 feet, or the public utilities relocated to the
adjacent streets.
13. An all weather access road will be required for the sewer main in the park in Block 17, or the public
utilities relocated to the adjacent streets.
14. A connection must be made between the water mains installed with this subdivision and the existing
water main that serves the school property to the south.
15. Cambridge Drive shall be constructed to a full City standard street with this subdivision.
16. Prior to commencement of Phase III, sewer flow monitoring shall be performed to determine if the
addition of Phases III and/or IV will cause downstream capacity problems in the collection system. If capacity
problems are identified, those sections of main shall be replaced with larger mains priar ta filing of the final plat
for the additional phases.
17. That the subdivider develop the major subdivision with the installation of an east/west public trail
corridor in the general area identified on the Trails Map of the Bozeman 2020 Community Plan that has the
ability to connect with future trails west of South 19th Avenue. Alternative locations through the major
subdivision may be considered as long as the subdivider demonstrates the ability for the trail corridor to be
extended further west, and that the final location be reviewed and approved by Planning Office, with input from
the Gallatin Valley Land Trust and Bozeman Recreation and Parks Advisory Board, prior to submitting for final
plat review and approval of any phase of the major subdivision.
18. That prior to filing the final plat for Phase III the subdivider will install a perimeter hedge along the
property lines of all subdivision lots in Block 9 and Block 11 that border the public parkland boundary in Phase
Ill, and that the installation of playground equipment be included with the improvements to the public park.
19. That the subdivider include in the parkland implementation plan provisians to overseed the public park
in Phase III with more native grasses prior to filing the final plat for any phase of the subdivision, and that the
maintenance plan require the public park to be mowed several times during the summer until such time that it is
improved with Phase Ill.
20. That the subdivider install with final plat for Phase III pedestrian/bike trail identification signs in
accordance with Gallatin Valley Land Trust standards at both sides of Brookdale Drive and Alder Creek Drive,
and that the subdivider provide typical details and specifications for the identification signs, for review and
approval by the Planning Office and Gallatin Valley Land Trust.
21. That the developer submits 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 the City of 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.
22. That the applicant obtain written approval from the Superintendent of Facilities and Public Lands 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
Alder Creek Subdivision, Phase I-V - Findings of Fact and Order 11
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accordingly in the protective covenants and restrictions of the property owners' association documents, for
review and approval prior to final plat approval.
23. That public parkland boundaries bordering all private lots shall be delineated at the common
private/public corner pins, with flat, flexible fiberglass posts, as prescribed in Section 16.14.IOO.F.3 of the
subdivision regulations prior to filing of the final plat for any phase of the major subdivision that contains
dedicated public parkland.
24. That the subdivider shall be responsible for installing sod, boulevard trees, and an irrigation system in
the public right-of-way boulevard strips along all external subdivision streets and adjacent to subdivision parks
or other common open space or common areas.
25. That prior to submitting for final plat review and approval for any phase(s) of the major subdivision the
applicant will have formally executed the Annexation Agreement and annexed said lands to the corporate limits
of the City of Bozeman.
26. That the subdivider submit to the City Commission for review and approval an "Affordable Housing
Implementation Plan" that addresses the contingencies outlined in the Annexation Agreement with the City of
Bozeman, prior to submitting for final plat review and approval of Alder Creek Subdivision, Phase IV.
27. 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.
28. 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 filed. 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.
29. That the subdivider submit to the Planning Office an updated preliminary plat that illustrates the final
delineation of the wetland boundaries for the major subdivision along with written documentation prior to final
plat approval for any phase of the subdivision that outlines the conclusions of the jurisdictional wetlands study
and whether or not Section 404 permits are applicable with this subdivision.
30. That all dedicated parkland(s) be identified on the final plat as "Public Park," that all private parks,
stormwater runoff facilities, and trail corridors that are not dedicated to the public be identified as "Common
Open Space," owned and maintained by the homeowners' association, and that it be noted accordingly on
homeowners' association documents, for review and approval by the Planning Office. All linear trail corridors
that are not dedicated to the public will be located in a minimum of 25-foot wide public access easement, owned
and maintained by the homeowners' association, and noted in the association documents.
Stormwater retention facilities integrated into the dedicated parkland and common open space areas shall be
designed and installed as irregular shaped features, properly landscaped, with depths of not more than I ~ to 2
feet in depth and side slopes of not more than 1:4 (horizontal to vertical fall, or 25%). All stormwater facility
outlet structures will be properly landscaped and a minimum distance of not less than ten (10) from any
watercourse high water mark. A landscape plan for all private parks, trail corridors, and stormwater facilities
shall be included with the parkland improvements, including any proposal for landscape furniture, lighting, and
street pedestrian crossings, for review and approval by the Planning Office.
Alder Creek Subdivision, Phase I-V - Findings of Fact and Order 12
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31. That South II th A venue is constructed to a collector road standard with 10-foot wide pedestrian/bike
boulevard trails and on-street parking on both sides, with a 14-foot turning lane/raised median, as prescribed in
the Greater Bozeman Area Transportation Plan 200 I Update.
32. That the subdivider install pedestrian crosswalk pavement markings (i.e., concrete pavers, scored
concrete, or raised walkways) and signage for all pedestrian and bike pathway crossings with public streets
including Hidden Spring and Alder Creek between the two portions of the large park, and that the subdivider
submit plans and specifications of said crossings for review and approval by the City Engineer's Office and
Planning Office, prior to final plat approval for said phases that propose intersections of pedestrian/bike
pathways with vehicular movement.
33. All pedestrian/bike pathways proposed with the subdivision will be constructed to a Class II standard,
unless otherwise approved by the Recreation and Parks Advisory Board, that all pedestrian/bike pathways not
located in dedicated parkland will be located in a minimum 25-foot wide public access easement, and noted
accordingly on the final plat and in the homeowners' association documents. 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.
34. That all the subdivision blocks within the subdivision plat separated by dedicated public rights-of-way
shall be clearly delineated using individual block numbers with each block containing its own group of lot
numbers.
35. That prior to proceeding with any significant ground disturbance or installation of municipal
infrastructure and/or streets, the subdivider 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.
36. The subdivider 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.
37. That 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
Improvements District. Street lighting will provide the necessary lighting in accordance with applicable
national safety standards consistent with the preservation of dark skies. All subdivision lighting provided shall
conform to Section 18.50.035 "Glare and Lighting" of the Bozeman Zoning Ordinance. Details and
specifications (cut sheets), including bulb type and size, and locations shall be provided with the final plat and
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;
Alder Creek Subdivision, Phase I-V - Findings of Fact and Order 13
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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."
38. That the Declaration of Covenants, Conditions, and Restrictions for the property owners' association
include Developmental Guidelines containing the architectural and landscape guidelines submitted with the
preliminary plat application and preliminary P.U.D. plan application, as well as the recommended revisions,
corrections, and additions discussed by the Planning Staff on pages 18-19 of the staff report, and that the
applicant broaden the color palette and materials for the homes in the Developmental Guidelines to bring them
into compliance with the Bozeman 2020 Community Plan to allow creativity, diversity, and individuality, for
review and approval by the Planning Office prior to submitting for final plat review.
39. 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.
40. That the final 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 final plat, on a double-sided, high-
density 3~-inch floppy disk; and five (5) paper prints.
41. That the applicant obtain Montana Department of Environmental Quality approval of the subdivision
prior to final plat approval pursuant to Section 16.16.101 through 16.16.805 A.R.M.
42. That the applicant provides with the application for final plat review and approval a copy of a signed
Memorandum of Understanding with the Gallatin County Weed Control District.
43. The final plat shall provide public utility easements along all front, side and rear lot lines as required by
Section 16.14.050 "Easements" of the subdivision regulations. However, in the event front and/or rear yard
utility easements are used, side rear yard easements must still be provided on the plat unless written
confirmation is submitted to the Planning Office from all utility companies and Director of Public Service
indicating that front and rear yard 10-foot wide 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 final plat.
44. That the final plat contain the following language that is readily visible with lettering, at a minimum
height of 1/4-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 the potential of high ground water tables in 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."
Prior to submitting a final plat application to the Planning Office for each phase(s) of the subdivision the
subdivider shall provide monitoring well data reports, documented through the peak irrigation season, to
Alder Creek Subdivision, Phase I-V - Findings of Fact and Order 14
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determine if restrictions on partial and/or full basements is necessary with each phase should the report contain
evidence of the average ground water table being within 3-5 feet of the surface.
45. 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 is necessary with the final plat.
46. 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 filed prior to installation of all improvements, the developer shall
supply the City of Bozeman with an acceptable method of security equal to one hundred fifty (150) percent of
the cost of the remaining improvements.
47. 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.
48. That the applicant submit with the application for final plat review and approval of Alder Creek
Subdivision, Phase I-V, a written narrative stating how each of the conditions of preliminary plat approval has
been met or satisfactorily addressed.
The preliminary approval of this subdivision shall be effective for three (3) years from the date of
Preliminary Plat approval, June 2, 2006. 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 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 1st day of December ,2003.
BOZEMAN CITY COMMISSION
STEL~L~
Alder Creek Subdivision, Phase I.V - Findings of Fact and Order 15
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ATTEST: APPROVED AS TO FORM:
GlL Z~~
Robin Sullivan, Clerk of the Commission
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Alder Creek Subdivision, Phase I-V - Findings of Fact and Order 16