HomeMy WebLinkAbout03- Walton Homestead Subdivision
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'j BEFORE THE BOZEMAN CITY COMMISSION
IN THE MATTER OF THE APPLlCA TION OF FINDINGS OF FACT
OAKW A Y L.L.C., FOR PRELIMINARY PLAT REVIEW AND ORDER
OF W ALTON HOMESTEAD SUBDIVISION P.U.D.
CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA
PURSUANT to the Montana Subdivision and Platting Act, Section 76-3-] 01 through 76-3-625,
Montana Codes Annotated, and the Bozeman Area Subdivision Regulations, a public mceting and public
hearing werc scheduled, after notice given, before the Bozeman Planning Board on December 17, 2002, and
before the Bozeman City Commission on January 13, 2003, on the above-entitled application. The applicant
presented to the City Commission a proposed preliminary subdivision plat to subdivide 35.376:1: acres of land
and create fifty-one (51) single-family residential lots, five (5) multi-family residential lots, seventy (70)
townhouse residential Jots, and eight (8) commercial lots. 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 thc opportunity to do so, and therefore, being fully advised of all matters having come bcfore it rcgarding
this application, the City Commission makes the following Findings of Fact, as required:
FINDINGS OF FACT
I.
The application for preliminary subdivision plat review of Walton Homestead Subdivision P.U.D. was
submitted to the Bozeman Planning Office on October 21, 2002, after receiving a complete application that
clarified questions of the Development Review Committec and also coincided with the information provided on
the Preliminary P.U.D. Plan application for said mixed-use development proposal. Kevin Cook, on behalf of
Oakway, L.L.c., granted an extension for the 60-day review period of the preliminary plat application to avoid
scheduling conflicts before the Planning Board and City Commission.
WALTON HOMESTEAD SUBDIVISION P.ILD. - FINDINGS Oli }"ACT AND ORDER 1
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The preliminary subdivision plat, as proposed, will subdivide 35.376::1:: acres of land and create fifty-one
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(51) single-family residential lots, five (5) multi-family residential lots, seventy (70) residential townhouse lots,
and eight (8) officellimited retail commercial lots. All residential, office, and limited retail commercial lots will
be served by City of Bozeman water and sanitary sewer services, and will be accessed by public streets with
improvements to Durston Road and West Oak Street, and the construction of a network of interior local
subdivision streets. The preliminary plat will provide a combination of dedicated parkland and public "open
space" pocket parks for the three-phased, mixed-use planned unit development in order to comply with the
parkland provisions ofthe City of Bozeman subdivision regulations.
II.
Notice ofthe public hearing before the Bozeman City Commission was published in the Bozeman Daily
Chronicle on Sunday, December 1, 2002, and the notice was posted at the site and mailed by Certified mail,
return receipt requested, to all adjoining property owners.
III
The Planning Board heard the matter of preliminary subdivision plat review on December 17, 2002.
The Planning Staff reviewed the project at that time and discussed the recommended conditions of approval
submitted by the Development Review Committee, including street improvement standards, public parkland and
pocket parks, limited access onto Durston Road, collector street standard for North 15th Avenue, bike paths and
lanes, pedestrian trail system, and the need for signalization improvements at the intersection of Durston Road
and North 15th A venue.
The Planning Staff further outlined the developer's need to process the preliminary plat application as a
subdivision planned unit development, requesting to relax the regulatory standards outlined in Section
1614.020.H "Frontage on Public Streets", Section 16.14.030.B "Block Length", Section 16.14.030.D "Rights-
of- W ay for Pedestrians", Section 16.14.040 "Sidewalks", Section 16.16.010.1 "Street and Road Design
Standards, General", and Section 16.16.070 "Access Separation" of the City of Bozeman Subdivision
Regulations. The Planning Staff reported that no written testimony, in favor of, or opposition to, the preliminary
plat application was received as of the public meeting before the Planning Board.
WALTON HOMESTEAD SUBDIVISION P.U.D. - FINDINGS 01<' FACT AND ORDER 2
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IV.
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Bill Hanson of Taylor Hanson Kane Architects, representing the applicant, presented a power point
presentation of the subdivision proposal, responded to questions by the Planning Board, and discussed items
related to the connectivity of streets and pedestrian circulation within the subdivision. Ray Center of Rocky
Mountain Engineers, consultant engineer for the applicant, discussed the interior street system and combination
of both public and private streets throughout the subdivision, placement of North 14th A venue, and
improvements to North 15th A venue, Durston Road, and West Oak Street. Mr. Center also discussed
signalization improvements at the intersection of North 15th A venue and Durston Road, storm water runoff
facilities, and construction schedule for phase one of the major subdivision.
V.
The public meeting portion on this matter was opened for public comment with four (4) members of the
general public expressing support of the mixed.use major subdivision as it relates to parkland, pocket parks, and
affordable dwelling units. The Planning Board heard no public testimony in opposition to the preliminary plat
application. After calling for further public testimony three times and hearing none, the public meeting portion
was closed.
VI.
After finding that the Preliminary Plat was properly submitted and reviewed under the procedures of the
Bozeman Area Subdivision Regulations, the Bozeman City Zoning Regulations, and the Bozeman Area Master
Plan, the Planning Board reviewed and considered the facts against the criteria established in Title 76.3.608,
M.C.A.
The Planning Board further considered the recommended conditions prepared by the Planning Staff and
Development Review Committee, and discussed the need for signalization at the intersection of North 15th
Avenue and Durston Road, timing for installation of said signalization improvements, traffic calming along
North 14th Avenue, vehicular connectivity, and adequate pedestrian access easements, as well as clarification
and modifications to the language in the recommended conditions of approval identified by the Planning Staff.
w ALTON HOMESTEAD SUBDIVISION P.ll.D. - FINDINGS OF FACT AND ORDER 3
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VII.
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The Planning Board found that with the attached conditions the major subdivision would comply with
the primary review criteria, and therefore voted 6-1 to forward a recommendation of conditional approval to thc
Bozeman City Commission in Planning Resolution No. P-02050 with said conditions recommended by the
Planning Office.
VIII.
The matter of preliminary plat review for Walton Homestead P.U.D., after notice given, was scheduled
to be heard before the City Commission on Monday, January 13, 2003. Prior to said public hearing on the
matter, the applicant requested that the public hearing on the preliminary plat application be opened and
continued before the City Commission in order to give the applicant ample time to address the inability to obtain
the required public access and utility easement from the Gallatin County Commission for the construction of
North 14th Avenue.
Finding that the applicant was unable to obtain the necessary public access and utility easements from
the Gallatin County Commission for improvements to North 14th Avenue, and further finding that without the
necessary public access and utility easements that the applicant would have to redesign a portion of the major
subdivision, the Planning Staff recommended that any redesign of the preliminary plat application should bc
considered by the Planning Board prior to consideration by the City Commission.
IX.
The Planning Board reconsidered the matter of preliminary subdivision plat review for Walton
Homcstead P.U.D. on March 18,2003. The Planning Staff reviewed the project at that time and discussed the
revisions to the subdivision design based on the need for realignment of the North 14th Avenue improvements.
Planning Staff discussed further with the Planning Board the new condition recommended by the Development
Review Committee requiring curb, gutter, boulevard sidewalk on the west side of North 141h Avenue with
twenty-four (24) feet of pavement, status of bike lanes in the major subdivision, public pedestrian/bike trails,
right-of-way for North 14th Avenue, traffic calming, and updated traffic study as it effects signalization
improvements at the intersection of North 15th Avenue and Durston Road.
WALTON HOMESTEAD SUBDIVISION P.D.D. - FINDINGS OF FACT AND ORDER 4
X.
The Planning Board considered the recommendations prepared by the Planning Staff and Development
Review Committee based on the revised design for the major subdivision and found that with the attached
conditions the revised major subdivision, would comply with the primary review criteria, and therefore voted 8~
o to forward a recommendation of conditional approval to the Bozeman City Commission in Planning
Resolution No. P.02050 with said conditions originally recommended by the Planning Office and the addition of
a new condition regarding the improvements to North 14th Avenue.
XI.
The matter was considered at a continued public hearing before the City Commission on Monday,
March 24, 2003. The Planning Staff reviewed the project at that time, outlining the need for a continued public
hearing before the governing body based on a redesign of the mixed-use major subdivision, and forwarded the
Planning Board's recommendation of conditional approval to the City Commission.
Bill Hanson of Taylor Hason Kane Architects, representing the applicant, presented to the City
Commission a power point presentation of Walton Homestead P.D.D., discussed mix of land use types, need to
redesign North 14th Avenue, landscape and architectural guidelines for the development, pocket parks,
pedestrian plaza along West Oak Street, public pedestrian/trail system, affordable housing, private street design,
connectivity of streets, and the redesign of the limited neighborhood commercial area.
XII.
The public meeting portion on this matter was opened for public comment, with six (6) members of the
general public providing public testimony on the mixed-use major subdivision as it relates to parkland, pocket
parks, pedestrian trails and bike paths, fencing from adjoining property, and affordable dwelling units. The City
Commission heard no public testimony in opposition to the preliminary plat application. After calling for
further public testimony three times and hearing none, the public hearing portion was closed.
XIII.
The City Commission then considered the minutes, public record and recommendation of the Planning
Board, the developer's testimony, and weighed the proposed subdivision against the primary criteria for
subdivisions established in Title 76~3-608, and found as follows:
WALTON HOMESTEAD SUBDIVISION P.U.D. - FINDINGS OF FACT AND ORDER 5
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76-3-608(3)(a):
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1) EFFECTS ON AGRICULTURE:
Historically, the subject property has been used for agricultural purposes with the majority of the
35.376-acre parcels 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 a substantial size to accommodate a viable farmstead. The area is also identified for
development as "Residential" and "Business Park" on the Land Use Plan Element of the Bozeman
2020 Community Plan and is considered a reasonable area for urban infill for residential, offices, and
technology oriented light industrial uses with limited retail, services, or industrial uses in an accessory
or local service role.
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 available in the facilities plan for municipal
water and sanitary sewer to service the proposed subdivision.
With this major subdivision street improvements are necessary to Durston Road and West Oak Street to
bring both arterial streets to acceptable City standards. Improvements to Durston Road will be
addressed with the G.E.O. Bond for improvements to the community's transportation system. West Oak
Street must be widened to one-half of its width of 78 feet with curb, gutter, and boulevard sidewalk
along the entire frontage of this subdivision. North 15th Avenue 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 collectors shall operate at a minimum Level of
Service "C". As a result, signalization improvements are necessary with this subdivision proposal at the
intersection of Durston Road and North 15th Avenue to maintain a Level of Service "C".
3) EFFECTS ON NATURAL ENVIRONMENT
No significant physical or topographical features (i.e., water courses, wetlands, out croppings) have
been identified on said property. Mitigation and enhancement of wetlands will occur, resulting in the
need for 310 and 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 HABIT A T
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 ofFish, Wildlife & Parks has not identified any
impacts on wildlife and wildlife habitat with this development proposal. Therefore, no significant
effects on wildlife and their habitat should occur as a result of the proposed mixed-use major
subdivision.
WALTON HOMESTEAD SUBDIVISION P.U.D. - FINDINGS OF FACT AND ORDER 6
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5) EFFECTS ON PUBLIC HEALTH AND SAFETY
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The Bozeman Development Review Committee (D.R.C.) reviewed the application for Preliminary Plat
review of the Walton Homestead Subdivision P.U.D., 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 with the existing residential structures will be eliminated.
6) EFFECT ON AGRICULTURAL WATER USERS FACILITIES
The applicant notes in the application for preliminary plat review that the subject property does not
provide agricultural water user facilities to downstream users. Although the developer 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
Walton Homestead Subdivision P.U.D. 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 proposed mixed~used major subdivision will comply 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 mixed-use 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.
(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 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 delineated on the Final Plat and the appropriate certificate on
WALTON HOMESTEAD SUBDIVISION P.ll.D. - FINDINGS OF FACT AND ORDER 7
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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 connects with the area's transportation network
system, which includes Durston Road and West Oak Street, both identified as arterial streets in the Greater
Bozeman Transportation Plan.
XIV.
After considering all matters of record presented at the public hearing and meeting, the City
Commission found that the proposed preliminary plat for Walton Homestead Subdivision Planned Unit
Development to divide 35.376:1: acres and create fifty-one (5]) single-family lots, five (5) multi-family
residential lots, seventy (70) townhouse lots, and eight (8) commercial 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
THEREFORE, IT IS HEREBY ORDERED, on a vote of 4 to I, that the Preliminary Subdivision Plat
to subdivide 35.376:1: acres and create fifty-one (51) single-family lots, five (5) multi-family residential lots,
seventy (70) townhouse lots, and eight (8) commercial lots with the proposed subdivision design modifications,
has been found to meet the primary criteria of the Montana Subdivision 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.
WALTON HOMESTEAD SUBDIVISION p.u.n. - FINDINGS OF FACT AND ORDER 8
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1. Stormwater Master Plan:
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A Storm water Master Plan for the subdivision for a system designed to remove solids, silt, oils, grease and other
pollutants from the runoff from the private and public streets and all lots must be provided to and approved by
the City Engineer.
The master plan must depict the maximum sized retention basin location, show location of and provide
easements for adequate drainage ways within the subdivision to transport runoff to the stormwater receiving
channel. The plan shall include sufficient site grading and elevation information (particularly for the basin site,
drainage ways and finished lot grades), typical storm water detention/retention basin and discharge structure
details, basin sizing calculations and a stormwater maintenance plan.
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 storm retention facilities for each lot will be established based on maximum site development.
Pinal facility sizing may be reviewed and reduced during design review of the final site plan 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 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 water and sewer main extensions, streets, curb/gutter,
and related storm drainage infrastructure improvements shall be financially guaranteed or constructed prior
to final plat approval. City standard sidewalks (including a concrete sidewalk section through all private
drive approaches) shall be constructed in all subdivisions on all public and private street frontages prior to
occupancy of any structure on individual lots. 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.
An Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all
sidewalks within the subdivision within a 3-year period. The developer shall supply the City of Bozeman with
an acceptable method of security equal to 150 percent of these remaining sidewalk improvements.
The subdivider shall install sidewalks adjacent to public lands, including but not limited to, parks, open space,
and the intersection of alleys and streets or street easements. Sidewalks in these areas shall be installed prior to
final plat approval, or shall be subject to an approved improvements agreement and financially guaranteed.
4. The location of existing water and sewer mains shall be properly depicted. Proposed main
extensions shall be noted as proposed.
WALTON HOMESTEAD SlJBDlVISION P.U.D. - FINDINGS OF FACT AND ORDER 9
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5. The Montana Department of 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 final site plan
approval.
6. Ditch relocation:
a. The Montana Department of 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 site plan approval.
b. The applicant shall obtain written permission from the ditch owner for the proposed relocation.
7. 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.
8. Project phasing shall be clearly defined including installation of infrastructure. 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.
9. An access permit shall be obtained from the Montana Department of Transportation for the intersection
of West Oak Street and North 15th Avenue, and the permit shall be verified for North 14th Avenue.
10. West Oak Street shall be widened to one half of its ultimate width of 78 feet, including all required
striping, and installation of curb, gutter, and sidewalk along the entire frontage of this subdivision.
II. The location of the intersection of Walton Way and Durston Road in relation to the existing access for
the nursing home shall be approved by the Director of Public Service.
12. The intersections of North 15th Avenue and Durston Road, and Walton Way and Durston Road shall
match the grades designed for the widening of Durston Road.
13. The geometric improvements for North 15th Avenue and West Oak Street recommended by the traffic
impact analysis prepared for the project shall be incorporated into the design. All striping shall be thennoplastic
or preformed plastic tape.
14. The traffic impact analysis prepared for the project indicates that the intersection of Durston Road and
North 15th Avenue will operate at a Level of Service "F." Per Section 16.08.050.L.6.d.ii of the Bozeman
Municipal Code, all arterial and collector streets and movements on all intersection approach legs designated as
arterial or collector streets shall operate at a minimum Level of Service "C." Unless further traffic analysis
demonstrates that the Level of Service "F" would not be reached until a later phase of the development, all
improvements necessary to achieve a minimum Level of Service "c" shall be completed prior to final plat
approval of any phase.
15. North 15th Avenue shall be centered on the 1/1 6th line at its intersection with Oak Street.
16. That the applicant obtain written approval from the Superintendent of Facilities and Lands of a
parkland implementation plan outlining installation of landscape improvements, trail/bike path
improvements, and maintenance and upkeep of the parklands and trails, and that said implementation plan
be noted accordingly in the protective covenants and restrictions of the property owners' association
documents, for review and approval prior to final plat approval.
WALTON HOMESTEAD SUBDIVISION r.U.D. - FINDINGS OF FACT AND ORDER 10
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17. That the developer submits a formal development plan signed by a certified landscape architect for the
. design of all dedicated parklands and pocket parks within said subdivision for review and approval by the
Superintendent of Facilities and Lands and the Recreation and Parks Advisory Board. Details of plantings,
species, topography, irrigation system, and any permanent park features, including playground equipment, 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.
18. That public bike lanes be installed with the street improvements to North 15th A venue and that
provisions for bike paths along West Oak Street, or a 10-foot-wide bicycle/pedestrian path in lieu of a sidewalk,
or an alternative design approved by the Bozeman Area Bicycle Advisory Board, be implemented with the
development of all subdivision lots fronting onto the arterial street. Some form of traffic calming shall be
installed at the intersection of Juniper Street and North 15th A venue, the design of which shall be subject to
review and approval by the Engineering Department.
19. That 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.
20. All areas identified in the subdivision for the purposes of common off-street parking lots or
retention/detention storm water facilities shall be noted on the subdivision plat as "Common Areas" owned
and maintained by the property owners' association, and noted accordingly in the property owners'
association documents, for review and approval by the Planning Office. All stormwater facilities located
in common open space areas or dedicated parkland shall not be included in the required thirty (30) percent
open space provisions unless properly landscaped as a landscape feature that is reflected in the planned
unit development guidelines. Stormwater facilities (i.e., underground detention facilities) will not be
permitted in the front yard setback along West Oak Street, unless it can be demonstrated in the landscape
guidelines that said stormwater facilities will not conflict and/or compromise the installation of required
greenway corridor improvements as outlined the zone code.
21. That all above-grade detention/retention ponds that may be proposed in designated front yards,
common open space areas and/or public parkland be designed in an organic and natural form (i.e., not
rectangular or box-like), and that all ponds shall not exceed a depth of I Y2 feet with a maximum side slope
of l-in-4, unless otherwise reviewed and approved by the Planning Office, and noted accordingly in the
protective covenants.
22. That a one (I) foot wide "No Access" strip be delineated on the final plat for all subdivision lots
fronting directly onto West Oak Street and Durston Road, for review and approval by the Planning Office.
23. That Mae Street and Roy Street provide an additional eleven (I 1) feet of dedicated right-of-way or
public access easement along each side of the private street proposed for the placement of standard
boulevard sidewalks, and that Walton Way and Jessie Street provide an additional eleven (II) feet along
the west side of both streets for the placement of standard boulevard sidewalks.
24. 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 zone code. 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.
WALTON HOMESTEAD SUBDIVISION P.U.D. - FINDINGS OF .'ACT AND ORDER 11
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i 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.
25. That the final plat and property owners' association documents delineate and describe the location
of all open space areas and pocket parks to be defined as "common open space" areas, owned and
maintained by the property owners' association, which are available for the enjoyment and use of the
residents, guests, general pubic, and landowners of property within the subdivision, and that the covenants
be moditied to include language that distinguishes between "common open space" and "common areas,"
and the 1.l-acre dedicated public park as "public park," for review and approval by thc Planning Office
prior to final plat approval.
26. 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.O.D. plan application, as well as the
recommended revisions, corrections, and additions discussed by the Planning Staff on pages 17-19 of the
staff report, for review and approval by the Planning Office prior to submitting for final plat review.
27. That the applicant consider a redesign of the four-unit townhouse structure on Lot Nos. 9, 10, II,
and 12 of Block 3 to maximize the development of said lots and avoid the potential need for variances to
the zone code during construction by maintaining the required yard setbacks and adequate stacking depth
for vehicles in the front yard.
28. That the applicant provide two additional 15-foot-wide pedestrian easements, one to the west
approximately half way between Juniper Street and West Oak Street, and one to the east in the vicinity of
Roy Street. The owners shall be responsible for installing walkways within the easements consistent with
those provided on adjacent properties at the time of development of said adjacent properties.
29. 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.
30. 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.
WALTON HOMESTEAD SUBDIVISION P.U.D. - FINDINGS OF FACT AND ORDER 12
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31. That the final plat shall comply with Section 16.08.070 and Chapter 16.32 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 wcre 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 3Yz-inch floppy disk; and five (5) paper prints.
32. 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.
33. That the applicant provide with the application for final plat review and approval a copy of a
signed Memorandum of Understanding with the Gallatin County Weed Control District.
34. That the applicant execute and file with the final 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 parkland and trail system prior to final plat approval.
35. 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 stilI 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 l6.14.050.BA of the Bozeman Subdivision
regulations shall also be provided on the final plat.
36. 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 groundwater 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."
37. 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~Iaws and protective covenants
for the homeowners' and property owners' association.
38. 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.
39. 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
40. 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
(I) 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
WALTON HOMESTEAD SUBDIVISION P.ll.D. - "'1NDINGS 01<' "'ACT AND ORDER 13
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between the City Commission and the subdivider, provided for in Chapter 16.22 of the Bozeman Subdivision
, Regulations.
41. That the applicant submit with the application for final plat review and approval of Walton Homestead
Subdivision P.U.D., a written narrative stating how each of the conditions of preliminary plat approval has been
met or satisfactorily addressed.
42. That North 14th Avenue shall have curb, gutter, standard boulevard, and sidewalk installed on the west
side, and provide a minimum pavement width of24 feet, all within a 40-foot-wide pubic right-of-way.
The preliminary approval of this subdivision shall be effective for three (3) years from the date of
Preliminary Plat approval, or March 24, 2006. At the end of this period the City Commission may, at the
request of the subdivider, extend its approval for not more than the one (1) calendar year. However, preliminary
approval may be extended for more than one (1) calendar if the developer enters
into, and secures, an Improvements Agreement for the Subdivision.
DA TED this 1st day of December ,2003.
BOZEMAN CITY COMMISSION
!:--~~
Steven R. KircR . ff, Mayor l
ATTEST:
(tffi 0/ ~H;-
Robin Sullivan, Clerk of the Commission
w AI,TON HOMESTEAD SUBDIVISION P.U.D. - lilNDlNGS OF "'ACT AND ORDER 14