HomeMy WebLinkAbout05- Rob Pertzborn, Intrinsik of Cattail Creek Phase III Major Subdivision
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BEFORE THE BOZEMAN CITY COMMISSION
GALLA TIN COlJNTY, MONT ANA
IN THE MATTER OF THE APPLICATION OF SANDAN, LLC,
OWNERS, REPRESENTED BY ROB PERTZBORN, INTRINSIK, FINDINGS
FOR PRELIMIN ARY APPROV AL OF CA TT AIL CREEK PHASE III OF FACT
MAJOR SUBDIVISION AND ORDER
This matter came before the Bozeman City Commission on December 20, 2004, for review and
decision pursuant to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-625,
Montana Codes Annotated, the Bozeman 2020 Community Plan, and Bozeman Unified Development
Ordinance. The applicant presented to the Commission a proposed Preliminary Plat for a major subdivision
to subdivide ~ 51 acres into 66 lots (38 residential, single-household lots; 24 residential, multi-household
lots; and 4 light manufacturing/commercial lots), roads, alleys, open space areas and site related
improvements, as submitted in its original form on September 28,2004, (#P-04050). The Commission held
a public hearing on the preliminary plat and considered all relevant evidence relating to the public health,
safety, and welfare, including the recommendation of the planning board, to determine whether the plat
should be approved, conditionally approved, or disapproved.
It appeared to the Commission that all parties wishing to appear and comment were given the
opportunity to do so, and therefore, being fully advised of all matters having come before it regarding this
application, the Commission makes the following Findings of Fact, as required:
fINDINGS OF FACT
I.
On September 28,2004, the applicant / owner, Sandan, LT,C, P.o. Box 1254, Bozeman, MT 59771-
1254, and represented by Rob Pertzborn, Intrinsik, 428 East MendenhaIl Street, Bozeman MT 59715,
submitted an application for approval to subdivide Cattail Creek Subdivision Phase III, a major subdivision
to subdivide ~ 51 acres into 66 lots (38 residential, single-household lots; 24 residential, multi-household
lots; and 4 light manufacturing/commercial lots), roads, alleys, open space areas and site related
improvements on property zoned R-1 (Residential Single-Household, Low Density District), R-2
(Residential Two-Household, Medium Density District), R-3 (Residential Medium Density District), R-O
(Residential Office District) and M-1 (Light Manufacturing District). The property is legaIly described as
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Tract 1, COS No. 2050, and is situated in the NW ';4 of Section 35, Tl S, R5E, PMM, Gallatin County, City
of Bozeman, Montana. The applicant is requesting a waiver of park dedication requirements pursuant to
Section 18.50.1 OO.A of the Bozeman Unified Development Ordinance to allow natural resources/critical
wildlife habitat (wetlands) provided in Phase III to meet the requirements for this subdivision. The applicant
is requesting a waiver of park dedication requirements pursuant to Section 18.50. I OO.F of the Bozeman
Unified Development Ordinance to allow the parkland dedication previously provided in Cattail Creek
Subdivision Phases I and II to meet the requirements for this subdivision. The applicant is requesting
approval of the designation of Lots 5 and 6, Block 2 I for the construction of 18 unit affordable housing
complexes, in accordance with Section 18.42.180 of the Bozeman Unified Development Ordinance.
II.
The comments of the Development Review Committee, along with those of Planning & Community
Development Staff, were incorporated into a Staff Report with suggested conditions of approval, which was
provided to the Bozeman Planning Board.
III.
Notice ofthe time and date ofthe public meeting and public hearing was posted at the site. Notice of
the time and date of the public hearing was published in the Bozeman Daily Chronicle on November 28,
2004. Said notice also served to inform interested persons that materials were available for review at the
Bozeman Planning & Community Development Department.
The Bozeman Planning Board considered the application at its regular meeting on December 7, 2004.
The Planning Board found that the application was properly submitted and reviewed under the procedures
of the Bozeman Unified Development Ordinance. StafTreviewed the staff report and the evidence, which
justified the imposition of conditions. Staff supported the request for the designation of Lots 5 and 6, Block
2 I for the construction of 18 unit affordable housing complexes, in accordance with Section 18.42.180 of the
Bozeman Unified Development Ordinance. Staff supported the request for a waiver of park dedication
requirements pursuant to Section 18.50.1 OO.A of the Bozeman Unified Development Ordinance to allow
natural resources/critical wildlife habitat (wetlands) provided in Phase III to meet the requirements for this
subdivision. Staff did not find that the requirements had been met to support the request for a waiver of park
dedication requirements pursuant to Section 18.50.100.F of the Bozeman Unified Development Ordinance to
allow the parkland dedication previously provided in Cattail Creek Subdivision Phases I and II to meet the
requirements for this subdivision.
The applicant made a formal presentation in favor of the requested subdivision. The applicant
expressed concern with recommended condition of approval #7, agreeing with the pedestrian pathway on
Block 21, but thought the ones on Blocks 19 and 20 would promote mid-block crossings to the park. The
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applicant expressed concern with parkland dedication requirement calculations undcr code provision "c"
based on the minimum net density of six dwelling units per acre and the related recommended condition of
approval #2 requiring any remaining unmet park dedication requirement to be satisfied by land dedication
achieved through the reduction in size or removal of Lots 4 and 5, Block 1. The applicant expressed concern
with recommended condition of approval # 11 regarding the completion of the Valley Center Road
improvements prior to occupancy, indicating that it could bankrupt some builder if"will" was not changed
to "may". The applicant expressed concern with recommended condition of approval #4 indicating that the
street will be signed for "no parking", but placing it on the plat and in the covenants would require an
amended plat to change.
The Planning Board then opened the public meeting. There was no comment from the general
public. Receiving no response, the Board closed the public hearing. The Board discussed the park
dedication requirements. The Board discussed the conditions, and agreed that the conditions outlined in the
staffreport were necessary. The Board discussed recommended condition of approval #7, and with a vote of
7-0 recommended the exclusion of Blocks 19 and 20. The Board discussed the timing ofthe improvements
to Valley Center Road and recommended condition of approval #11, and with a vote of 5-2 recommended
that "will" be changed to "may". No members of the Board expressed opposition to the staff support for the
aiTordable housing proposal, stafT support for the waiver of park dedication requirements for the natural
resources (wetlands) provided in Phase III, and staffrejection ofthe waiver of park dedication requirements
for parkland previously provided in Phases I and II. The Planning Board then voted on a motion regarding
the subdivision. The motion, to recommend approval ofthe subdivision with the conditions as recommended
by Staff and amended by the Board, passed on a vote of 7 in favor and 0 in opposition.
IV.
The application was considered by the Bozeman City Commission at its regular meeting on
December 20,2004, at which time the recommendation of the Planning Board, presented in Planning Board
Resolution # P-04050, and information compiled by City staff was reviewed.
The applicant made a formal presentation in favor of the requested subdivision, and the requested
waiver of park dedication requirements pursuant to Sections 18.50.1 OO.A and 18.50.1 OO.F ofthe Bozeman
Unified Development Ordinance. The applicant requested amendments to Conditions #7 and #11 as
supported by the Planning Board.
There was no comment from the general public.
The Commission discussed and supported the applicant's request for amendment to Conditions #7
and # 11. The Commission discussed the park dedication requirements. One Commissioner supported the
ability to count previously dedicated parkland even though it was not part of the same subdivision. The
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Commission supported an amendment to Condition #2 to allow cash-in-lieu of any remaining unmet park
dedication requirement. The Commission did not express objection to the designation of Lots 5 and 6, Block
21 for the construction of 18 unit affordable housing complexes, in accordance with Section 18.42.180 of the
Bozeman Unified Development Ordinance.
v.
The application was considered by the Bozeman City Commission and weighed against the review
criteria established by Statute, and found as follows:
A. Effects on agriculture, agricultural water user facilities, local services, thc natural
environment, wildlife and the wildlife habitat, and public health and safety.
1. E./fects on Agriculture.
Historically, the subject property has been used for agricultural purposes with the majority of the ~
51 acre parcel used for cultivating crops or pasture. The applicant has indicated that this land is
relatively productive. The applicant has commented that because of the limited size of the present
farming activity and low value crops, that the land is not considered a viable farm unit. However,
the applicant's argument to develop the property may also be the result of the land owner recognizing
the amount of urban growth in this area and the wish to market the property for a variety ofland use
types other than agricultural.
2. Effects on Agricultural Water User Facilities.
There is a section line ditch adjacent to Davis Lane. This ditch is under the management of the
Farmer Canal Ditch Company and agricultural water right users. The applicant has proposed to pipe
this ditch.
3. Effects on Local Services.
Water/Sewer: Water/Sewer services can be provided by extension and connection to the municipal
water and sewer systems.
Streets: Access to the subdivision will be from the existing Davis Lane, future Hulbert Road, future
North 27'h Avenue, and the proposed interior streets.
4. Fifects on the Natural Environment.
Stormwater and drainage was addressed in the "Design Report for Water, Sewer and Pavement
Improvements for Cattail Creek Subdivision Phase 3" and provided to the Engineering Department
for review. Applicant has entered into an agreement for a Noxious Weed Management Plan with the
Gallatin County Weed Board.
5. EYfects on Wildlffe and Wildlffe Habitat.
Due to its historical uses and the development of surrounding lands, no significant adverse effects on
wildlife or their habitat have been identified on the property.
6. E/fects on Public Health and Safety.
Because municipal sewer will service development in the subdivision, the threat of groundwater
degradation from onsite sewage disposal will be eliminated. There are no known, unmitigated
natural or man-made hazards on this property.
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B. Compliance with the following:
l. The survey requirements provided for in Part 4 of the Montana Subdivision and Platting
Act.
The subdivision complies or will comply with survey requirements of the Act.
2. The local subdivision regulations provided for in Part 5 of the Montana Subdivision and
Platting Act.
The final plat shall comply with the standards identified and referenced in the Unified Development
Ordinance. 'rhe applicant is advised that unmet code provisions, or code provisions that are not
specillcally listed as conditions of approval, does not, in any way, create a waiver or other relaxation
of the lawful requirements of the Bozeman Municipal Code or state law. The following
requirements are standards of the Unified Development Ordinance and shall be addressed on the
final plat:
a. Section 18.42.180.C requires 10% of the net buildable acreage to be dedicated to Restricted Size
Lots. The Final Plat shall indicate which lots are reserved to meet the RSL requirement. The
designation of Lots 5 and 6, Block 21 for the construction of an 18-unit affordable housing
complex on each must be approved by the City Commission in accordance with Section
18.42.180.C.5 ofthe Bozeman Unified Development Ordinance.
b. Pursuant to Section 18.50.020 of the Bozeman Unifled Development Ordinance, the applicant
shall provide 2.34 acres of dedicated parkland for the 78 dwellings units proposed on the
following described lots.
Block 13, Lots 7-14 (10 dwelling units)
Block 19, Lots 1-16 (16 dwelling units)
Block 20, Lots 1-16 (16 dwelling units)
Block 21, Lots 5 and 6 (36 dwelling units)
c. Pursuant to Section 18.42.180 of the Bozeman Unified Developmcnt Ordinance and the adopted
growth policy, lands subdivided shall have not less than a minimum net density of six dwelling
units per acre. On the 13.9098 acres net residential lot area described below, this applicant shall
ensure 83 dwelling units. In order to address Sections 18.50.020.A.1, 18.34.090.A.8.f, and
18.36.090.E.2(6) with future development, the applicant shall assign the number of dwellings
unites) per lot, for all lots described below, not to exceed 83 dwelling units total. This dwelling
unit per lot assignment for which park dedication requirements have been meet shall be recorded
in the covenants to which the City is a party.
Block 18, Lots 2-7
Block 1, Lots 2-5
Block 2, Lots 3-7
Block 21, Lots 1-4 and 7.
d. Pursuant to Section 18.50.020 of the Bozeman Unified Development Ordinance, the applicant
shall provide 2.49 acres of dedicated parkland for the 83 dwelling units required on the following
described lots.
Block 18, Lots 2-7
Block 1, Lots 2-5
Block 2, Lots 3-7
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Block 21, Lots 1-4 and 7.
e. Section 18.50.080.0 statcs that storm water retention or detention facilities may be located
within a park but cannot count towards the final parkland dedication.
f. Section 18.50.1 OO.A states that natural resource areas/critical wildlife habitat shall count toward
the final parkland dedication.
g. Section 18.50.100.F states "{fa tract o,lland is being developed under single ownership as a
part (fan overall plan, and part (~lthe tract ha.'1' previously heen subdivided or developed, and
sufficient park land dedication or cash donation in-lieu of land dedication has been provided
from the area that has beenpreviously subdivided or developed to meet the requirements of this
section(or the entire tract being developed. the C'ity ('ommission shall issue an order waiving
the land dedication and cash donation requirementsjhr the subsequently developed area. ,. The
tract ofland in this proposal is not part the tract(s) ofland subdivided with Phases I and/or II. No
portion of the tract of land in this proposal was previously subdivided or developed with Phases I
and/or II. Phase III was not subject to an overall plan with the previous two subdivisions. The
applicant has not demonstrated the existence of excess parkland in Phases I and II, and staff has
been unable to document excess parkland based on the UOO. Therefore, this subdivision does
not qualified to use this waiver and no parkland from Phases I or II may be counted for Phase III.
h. Based on Section 18.50.080 the subdivider must decide on the improvements to be completed by
the subdivider prior Final Park Plan approval.
1. A watercourse setback planting plan shall be prepared by a qualified landscape professional and
shall be reviewed and approved by the Planning Department prior to the commencement of
development or site preparation. The plan shall include a schedule for planting and landscaping
as outlined for Zone 1 and Zone 2 outlined in Section 18.42.100. Since the watercourse setback
in located inside the park boundaries, this shall be included in the Park Plan.
J. Section 18.78.070.0 requires a Final Park Plan to be approved by the City Commission, with a
recommendation from the Bozeman Recreation and Parks Advisory Board, prior to Final Plat
approval. Two bound copies of the plan shall be submitted to the Planning Oilice for review
prior to installation of any improvements or prior to Final Plat submission, whichever comes
first. The Park Plan shall address all of the criteria outlined in Section 18.78.060.P.
k. A table showing the computed park areas shall be included on the final plat pursuant to Section
18.78.030.0. This table shall include but is not limited to detention/retention areas, watercourse,
wetlands, watercourse setbacks, park, and total area.
1. The watercourse setback shall be depicted on the final plat pursuant to Section 18.42.1 00.c.
m. Section 18.44.11 O.E requires construction of boulevard trails or bike lanes based on the Greater
Bozeman Area Transportation Plan Year 2001 or based on particular characteristics of a
transportation corridor. The Plan currently calls for a bike lane (unless another type of
transportation pathway is determined to be more appropriate) along lIulbert Lane and a bike
lane/boulevard trail along Davis Lane.
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n. Section 18.16.050 requires the yard setbacks adjacent to Davis Lane and Hulbert Road to be 25-
feet, and this shall be noted in the covenants and restrictions for the homeowners' association.
o. Section 18.16.050 requires the yard setbacks adjacent to North 27th A venue to be 20-feet, and
this shall be noted in the covenants and restrictions for the homeowners' association.
p. Applicant shall provide a soils report, along with building plans, to the Building Division,
recommending types of foundations. If development shall occur in phases, the soils report may
address those lots within the proposed phase.
q. Pursuant to Section 18.44.090.C, a one (1) foot wide "No Access" strip for all lots fronting onto
Davis Lane and I Iulbert Road shall be notcd on the final subdivision plat. On Lot 7, Block 21,
thc "No Access" strip is not required in that portion of the frontage located more than 315' from
hoth North 2ih Avenue and Warbler Way, unless otherwise approved by the City Engineer.
r. Pursuant to Section 18.44.090.D.3, access to Lot 7, Block 21 shall be restricted to partial access,
right-in/right-out only and noted accordingly in the covenants and restrictions for the
homeowners' association, unless otherwise approved by the City Engineer.
s. The subdivider shall provide an access plan for North 27th Avenue in accordance with Section
18.44.090.D.3 of the Bozeman Unified Development Ordinance. On Lot 5, Block 21, "No
Access" will be allowed to North 2ih A venue unless it is a shared access with Lot 6, Block 21,
unless otherwise approved by the City Engineer. On Lot 4, Block 2, "No Access" will be
allowed to North 27th Avenue unless it is a shared access with Lot 3, Block 2, unless otherwise
approved by the City Engineer.
t. Executed waivers of right to protest creation of special improvement districts (SIDs) for a park
maintenance district shall be filed and of record with the Gallatin County Clerk and Recorder
prior to final plat approval. A copy of the filed documents shall be submitted with the final plan.
u. Water rights, or cash-in-lieu thereof, as calculated by the Director of Public Service, is due with
the final plat.
v. Covenants, restrictions, and articles of incorporation for the creation of a homeowners'
association shall be submitted with the final plat application for review and approval by the
Planning Office 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
pursuant to Chapter 18.72 of the Bozeman Unified Development Ordinance.
w. Prior to final plan approval, a common area and facility maintenance plan and guarantee shall be
provided for the permanent care and maintenance of open spaces, recreational areas, stormwater
facilities and parking lots in accordance with Chapter 18.72 or the Bozeman Unified
Development Ordinance. The same shall be submitted to the city attorney and shall not be
accepted by the city until approved as to legal form and effect. A draft of these documents must
be submitted for review and approval by the Planning Department at least 30 days prior to filing
and recordation with the Gallatin County Clerk and Recorder.
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x. All street namcs shall be reviewed and approved by the Gallatin County Road and Bridge
Department, and City Engineer's Of1ice prior to final plat approval.
y. The Final Plat shall conform to all requiremcnts of the Bozeman Unified Development
Ordinance and the Uniform Standards for Final Subdivision Plats and shall be accompanied by
all required documents, including certification from thc City Engineer that as-built drawings for
public improvements were received, a platting certificatc, and all required and correctcd
certificates. The Final Plat application shall inelude four (4) signed reproducible copies on a 3
mil or heavier stable base polyester film (or equivalent); two (2) digital copies on a double-sided,
high density 3-1/2" floppy disk; and five (5) paper prints.
z. Conditional approval of the Preliminary Plat shall be in force for not more than three calendar
ycars, as provided by State statute. Prior to that expiration date, thc developer may submit a
letter of request for the extension of the period to the Planning Director for the City
Commission's consideration.
aa. Ifit is the developer's intent to file the plat prior to installation, certification, and acceptance of
all required improvcments by the City of Bozeman, an Improvements Agreement shall be entered
into with the City of Bozcman 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 the installation of all improvcments, the developer shall supply the City of
Bozeman with an acceptable method of security equal to 150% of the cost of the remaining
improvements.
bb. The applicant shall submit with the application for Final Plat revicw and approval, a written
narrative stating how each of the conditions of preliminary plat approval has been satisfactorily
addressed.
cc. Stormwater Master Plan:
A Stormwater Master Plan for the subdivision for a system designed to remove solids, silt, oils,
greasc and other pollutants from the runoff from thc 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
storm water 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 storm water 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 runofI
generated by the subdivision (e.g., general lot runoff, public or private streets, common open
spacc, parks, etc.) shall not be locatcd on easemcnts 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
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maximum site development. Final facility sizing may be reviewed and reduced during design
review of the FSP for each lot.
dd. 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.
ee. 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 beflnancially 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 ofthe
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.
ff. The location of existing water and sewer mains shall be properly depicted. Proposed main
extensions shall be noted as proposed.
gg. The Montana Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and
Army Corps of Engineer's shall be contacted regarding the proposed project and any required
permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to FSP approval.
hh. Ditch relocation:
a. The Montana Fish, Wildlife and Parks shall be contacted by the Applicant regarding the
proposed relocation and any required permits (i.e., 310, 404, Turbidity exemption, etc.)
shall be obtained prior to FSP approval.
b. The Applicant shall comply with all parts of section 18.42.060.D for any ditch relocation.
11. Easements for the water and sewer main extensions shall be a minimum 000 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.
JJ. Project phasing shall be clearly defined including installation of infrastructure.
kk. 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.
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3. The local subdivision review procedure provided for in Part 6 ofthe Montana Subdivision
and Platting Act.
The meeting before the Planning Board and hearing before the City Commission have been properly
noticed, as required in the Bozeman Unified Development Ordinance. The notice was mailed to all
adjoining propcrty owners by certified mail on November 23, 2004. The proposed project was
noticed in the Bozeman Daily Chronicle on November 28, 2004.
C. The provision of easements for the location and installation of any planned utilities.
All utilities and necessary utility easements will be provided and depicted on the final plat.
D. The provision of legal and physical access to each parcel within the subdivision and the
required notation of that access on the applicable plat and any instrument of transfer
concerning the parcel.
All lots within the subdivision will have direct access to the dedicated public streets.
ORDER
After considering all matters of record presented at the public hearing, the City Commission found
that the proposed subdivision would comply with the Bozeman 2020 Community Plan and the requirements
of the Montana Subdivision and Platting Act, and the Bozeman Unified Development Ordinance, if certain
conditions were imposed. The evidence, as stated or referenced in the Findings of Fact, justifies the
imposition of the conditions ordered herein to ensure that the final plat complies with all applicable
regulations and all required criteria.
THEREFORE, IT IS HEREBY ORDERED that the Preliminary Subdivision Plat of Cattail Creek
Subdivision Phase III Major Subdivision, for Sandan, LLC, be approved subject to the foIlowing conditions:
1. The southwest corner of the open area of the parkland shall be designed and landscaped for use as an
informal, active play area.
2. Any remaining unmet park dedication requirement shall be satisfied by land dedication achieved through
the reduction in size or removal of Lots 4 and 5, Block 1, or by a cash-in-lieu payment.
3. The subdivider shall install a bike lane (unless another type of transportation pathway is determined to be
more appropriate) along both sides of North 2ih A venue (from the north property line to the south
property line) in accordance with City specifications if that is the design previously approved for
adjacent properties.
4. "No parking" along Davis Lane and Hulbert Road shall be noted on the final subdivision plat and in the
covenants and restrictions for the homeowners' association.
5. Buildings proposed for construction with crawl spaces or basements shaIl include Engineer Certification
regarding depth of ground water and soil conditions and proposed mitigation methods to be submitted
with each Building Permit. The final plat shaIl include a notation that due to high ground water
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conditions full or partial bascments are not recommended.
6. The "R-O" zoned lots shall be restricted to a maximum of 49% non-residential uses and this shall be
noted in the covenants and restrictions for the homeowners' association.
7. Pedestrian walks pursuant to Section 18.42.040 of the Bozeman Unified Development Ordinance shall
bisect Block 21 to provide circulation. All of the other block lengths in excess of 400 feet appear to be
acceptable due to access control, residential separation from arterial traffic, or to ovcrcome
disadvantages due to topography or orientation.
8. 'I'he striping modifications to the intersection of Catron and Max recommended in the Traffic Impact
Study shall be completed as part of the infrastructure requirements for this subdivision.
9. Site plans for dcvelopment on the individual lots will not be reviewed until the plans for the North
I 9th/V alley Center Road improvements project have been approved by MDT and the City of Bozeman.
No building permits will be issued until the North 19th/Valley Center Road construction contract is
awarded.
10. If construction of the proposed development conflicts with the North 19th/Valley Center Road
construction, the development's construction activity shall bc suspended at the City's or MDT's
discretion.
11. A Certificate of Occupancy may not be granted for any use within the subdivision until improvements to
Valley Center Road and North 19th A venue are completed as identified in the construction plans for the
roadway.
12. The IS" sewer main shall be extended across the east half of Davis Lane to the future center median.
13. AI' No Access Strip shall be shown on the plat along the entire frontage of Davis and Hulbert with the
exception the frontage of Lot 7, Block 21 .
14. Joint access easements shall be dedicated on the plat on all common lot lines for the lots on North 2ih
Avenue.
15. The southern half of Hulbert Road from 2ih to Davis shall be constructed to match the two lane option
for minor arterials as shown in the Greater Bozeman Area Transportation Plan along with the required
utility extensions.
16. The eastern half of Davis Lane from the end of the existing improvements on the south to the northern
boundary of this phase shall be constructed to match the typical section approved for the previous phases
of Cattail Creek Subdivision.
This City Commission order may be appealed by bringing an action in the Eighteenth District Court
of GaIlatin County, within 30 days after the adoption of thcse Findings by the City Commission, by
following the procedures of Section 76-3-625, M.C.A. The prcliminary approval ofthis subdivision shall be
effective for three years from the date of adoption ofthesc Findings by the City Commission. At the end of
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this period the City Commission may, at the written request of the subdivider, extend its approval as
provided for in the Bozeman Unified Development Ordinance.
DATED this 16th day of May ,2005.
ATTEST: APPROVED AS TO FORM:
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Robin L. Sullivan Tim Cooper
Clerk of the Commission Acting City Attorney
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