HomeMy WebLinkAbout02- Valley West Subdivision
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I Valley West Subdivision PUD, Phase 1 Findings of Fact and Order #P-Q 136 I
BEFORE THE BOZEMAN CITY COMMISSION
GALLA TIN COUNTY, MONT ANA
IN THE MATTER OF THE APPLICATION OF V ALLEY FINDINGS
WEST, LLC., REPRESENTED BY PRUGH & LENON OF FACT
ARCHITECTS, P.c. AND MORRISON - MAIERLE, INC. AND ORDER
FOR PRELIMINARY APPROVAL OF V ALLEY WEST
SUBDIVISION PLANNED UNIT DEVELOPMENT, PHASE 1
This matter came before the Bozeman City Commission on January 22, 2002, for review and
decision pursuant to the Montana Subdi vision and Platting Act, Section 76-3-10 1 through 76-3-625,
Montana Codes Annotated, and the Bozeman Area Subdivision Regulations, Bozeman 2020
Community Plan, and Bozeman Zoning Ordinance. The applicant presented to the Commission a
proposed Planned Unit Development Preliminary Subdivision Plat for a subdivision consisting of73
residential lots of mixed densities and types and seven lots for open space/stormwater detention as
submitted in its original form on November 21, 2001, P-0136. 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:
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1-...rJ:Uley West Subdivision pun, Phase I Findings of Fact and Order #P-0136 I
FINDINGS OF FACT
I.
On November 21,2001, Valley West. LLC, represented by Prugh & Lenon Architects, P.c.
and Morrison - Maierle, Inc., submitted an application for approval to create Valley West Planned
Unit Development Subdi vision, Phase 1, a major subdivision dividing 31.21 acres into 73 residential
lots and seven lots for open space/stormwater detention. The property is located in a portion of the
South Y2 ofthe NW lA of Section 10, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana.
The subject property is zoned R-3 (Residential Medium Density District). The applicant requested
relaxation of standards in the Bozeman Area Subdivision Regulations for the following: Section
16.14.020.H (Lots) ~ To allow all lots fronting on West Babcock Street, Ferguson Avenue, and
Durston Road be accessed from improved alleyways and front onto a "parkway", a 20' - 30'
greenway with meandering sidewalks for pedestrians, including appropriate boulevard trees; Section
16.16.0S0.A (Improvement Standards) - To allow the proposed streets to be public streets and meet
city street standards of 31' and 33' respectively back-of-curb to back-of-curb as adopted in the
Greater Bozeman Area Transportation Plan 2001 Update; and Section 16.14.040.A (Sidewalks)~ To
allow the sidewalk along West Babcock Street to be located 10 feet behind the existing curb instead
of standard l' behind right-of-way line. The applicant is requesting concurrent installation of
infrastructure and dwelling unit construction per Bozeman Zoning Ordinance No. 1532 and 1533.
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I Valley West Subdivision pub, Phase 1 FihdingsofFact and Order #pc0136 I
n.
The comments of the Development Review Committee, along with those of Planning &
Community Development Staff, were incorporatcd into a Staff Report with suggested conditions of
approval, which was provided to the Bozeman Planning Board.
III.
Notice of the time and date of the public meeting and public hearing was posted at the site
and also published in the Bozeman Daily Chronicle on December 9, 2001. 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 January 8,
2002. The Planning Board found that the application was properly submitted and reviewed under the
procedures of the Bozeman Area Subdivision Regulations and the Bozeman Arca Zoning Ordinance.
Staff reviewed the staff report and the evidence which justified the imposition of conditions. The
applicant made a formal presentation in favor of the requested subdivision and agreed to all
conditions presented in the Staff Report.
The Planning Board then opened the public meeting. There were no comments from the
general public regarding the proposed subdivision. Receiving no further response, the Planning
Board closed the public meeting.
The Planning Board agreed that the conditions outlined in the staff report were necessary.
The Planning Board added two conditions of approval as follows: "That the garage/alley lighting be
restricted to a maximum lumen to be detcrmincd in conjunction with the Planning Department"; and
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IV!llleyWe~l Subclivi~i()nJ~UD, Phlj.~e 1 Finding~ o(ractal1d Order #P-O 136 I
"All residential lighting (non-street lighting) shall be illuminated with lights that meet the City's
standard requirements. In addition, all outdoor residential lighting shall be free of glare, and shall be
fully shielded or shall be indirect lighting. No lighting shall be beyond a property's lot line. No
unshielded lights shall be permitted. No mercury vapor lights shall be permitted. Covenants of the
development shall reflect these restrictions. For purposes of this paragraph, the following definitions
shall apply: a) Fully shielded lights: Outdoor residential 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."
The Planning Board supported the three requested relaxations from the Bozeman Interim
Subdivision Regulations and concurrent installation of infrastructure and dwelling unit construction
per Bozeman Zoning Ordinance No. 1532 and 1533.
The Planning Board then voted on a motion regarding the subdivision. The motion, to
recommend approval of the subdivision with conditions as recommended by Staff and the two added
conditions, passed on a unanimous vote of 7 in favor and 0 in opposition.
IV.
The application was considered by the Bozeman City Commission at its regular meeting on
January 22, 2002, at which time the recommendation of the Planning Board and information
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valle West SubdivisionPlJD, Phas~lFindinsof Fact and Order #N)J3(S
compiled by City staff was reviewed.
V.
The application was considered by the Bozeman City Commission and weighed against the
review criteria established by Statute, and found as follows:
A) PRIMAR Y REVIEW CRITERIA
1. Effects on Agriculture.
The proposed subdivision will affect 31.21 acres, which is not currently utilized for
agricultural uses. Therefore, there are no mitigations proposed.
2. Effects on Agricultural Water User Facilities.
There are agricultural water facilities located on site. The Maynard-Border StreamlDitch is
located in the eastern portion of the PUD. Baxter Creek is located within the PUD running
northward. Baxter Ditch has recently been relocated to parallel Cottonwood Road. Special
considerations will be made where subdivision roads cross these ditches/creeks. There will be no
reduction in capacity of the Baxter Ditch or the Maynard-Border StreamlDitch to provide water to
downstream users. Baxter Creek will be enhanced and lie entirely within an open space/trail corridor.
There are seven detention areas proposed with this subdivision phase. Design and specifications of
these areas will be reviewed with final plat submittal (condition #36 and #37).
3. Effects on Local Services.
Watcr/Sewer: Water/Sewer services can be provided by connection to existing main Jincs
located on-site in 1998. A water distlibution system will he installed to distribute the water from
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IVill1eyWcst Subdivision PUD, Phase 1 Findings of 'Fact andQrder #P-0136 I
these trunk mains to serve the area. General capacity limitations for water and sewer facilities are not
anticipated by the Engineering Department staff as a result of this major subdivision. The design and
approval of water and sewer facilities is addressed in recommended condition #41.
Streets: Street improvements, including city standard sidewalks are addressed in
recommended conditions #32, #33, #43, and #44.
4. Effects on the Natural Environment.
Stormwater and drainage will be addressed through condition #36. Applicant has entered
into an agreement for a Noxious Weed Management Plan with the Gallatin County Weed Board.
Groundwater quality will be protected by the use of municipal sewer services. The proposed Valley
West Planned Unit Development involves the enhancement to the on-site wetland areas. These
enhancements are being coordinated with the US Army Corps of Engineers and Montana Fish,
Wildlife and Parks. The Valley West project is the largest wetlands restoration project to date in the
state of Montana.
5. Effects on Wildlife and Wildlife Habitat.
Due to its historically agricultural use and the development of surrounding lands, no
significant adverse effects on wildlife or their habitat have been identified on the property.
Preservation of wetland areas and riparian corridors will be maintained and/or further enhanced. The
quality of the fisheries in the Maynard-Border Stream/Ditch and Baxter Creek are expected to
improve with the wetlands restoration project. There will be several areas for access to these large
open space/park areas for the public, including a nature trail with interpretive signs.
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I Valley West Subdivision PUD, Phase t Findings of Fact and Order #P-o t 36 I
6. Effects on Public Health and Safety.
Because development in the subdivision will be serviced by municipal sewer, the threat of
groundwater degradation from onsite sewage disposal will be eliminated (condition #41).
ill COMPLIANCE WITH SURVEY REQUIREMENTS PROVIDED FOR IN PART 4 OF
THE MONTANA SUBDIVISION AND PLAITING ACT. The subdivision complies or
will comply with survey requirements of the Act.
g COMPLIANCE WITH THE BOZEMAN SUBDIVISION REGULATIONS.
With conditions, the final plat will comply with the regulations.
ill COMPLIANCE WITH THE REQUIRED SUBDIVISION REVIEW PROCESS.
The meeting before the Planning Board and hearing before the City Commission have been
properly noticed, as required in the Subdivision Regulations. The notice was mailed to all adjoining
property owners by certified mail on December 7, 2001, and the notice was published in the
Bozeman Daily Chronicle on December 9,2001.
E) PROVISION OF EASEMENTS FOR THE LOCATION AND INST ALLA TION OF ANY
PLANNED UTll.JTIES.
All utilities and necessary utility easements will be provided.
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I Valley West SubdivisionPUD, Phase t Findings of Fact and Order #P-0136 I
B PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEL.
Legal and physical access to each parcel is provided from existing streets through the
subdivision.
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 Bozeman Area Subdivision Regulations, the Montana Subdivision and Platting
Act, and the Bozeman Zoning Ordinance, if certain conditions were imposed. The evidence, as
stated orreferenced 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 critetia.
THEREFORE, IT IS HEREBY ORDERED that the Planned Unit Development Preliminary
Subdivision Plat of Valley West for Valley West, LLC, be approved, including the requested
relaxations and concurrent infrastructure and dwelling unit construction, subject to the following
conditions:
Plannine PUD Plat Specific Conditions:
1. Each subsequent phase of the subdi vision shall be subject to preliminary plat and final plat
review and approval, but certain sections of the Environmental Assessment and Community
Impact Statement may be waived subject to the approval of the City Engineer and the
Planning Director.
2. Applicant shall be made aware that subsequent abbreviated pre-applications plans will be
rcquircd for future phases of development in order to identify the needs and scope of the
traffic analysis, required traffic calming measurcs, etc.
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I Valley West Subdivision PUl5,Phase1 Findings of Fact and Order #P-0136 I
3. That any proposed subdivision signs (identification signs) must obtain sign permit approval
through the Planning Department as are subject to code provisions under Section 1S.65.
4. That the applicant provide a common signage plan for said subdivision (subdivision
identification sign) depicting location, general style, limitations of graphic design,
dimensions, materials, color, and methodes) of illumination, for review and approval by the
Planning Department prior to filing the Final Plat for each phase.
5. That the applicant shall be allowed two (2) temporary signs during construction. These signs
shall be a maximum of thirty-two square feet each and contain all necessary and desired
information (i.e. names of developer, real estate agency, contractor, financial institution,
etc.). The applicant shall obtain the necessary sign permits through the Planning Department.
6. Water rights, or cash-in-lieu thereof, shall be provided and paid for prior to final plat
approval. If the final plat of the subdivision is filed in phases, water rights will only be
required for each phase as the final plat for that phase is filed. The amount of water rights
required will be determined by the Director of Public Service based on the proposed final
plates).
7. The Final Plat, for each phase, shall show the front, side, rear, and corner side yard setbacks
for all residential lots subject to setback requirements effective at time of lot development or
setbacks contained within Covenants.
8. The final plat for each phase shall contain a note that basements are not allowed. Similar
language shall be contained in the Covenants as well.
9. The Landscaping Plan for Phase 1 shall have the correct scale noted (1" = 100').
10. The proposed bike lane along the west side of Ferguson Avenue shall be appropriately
striped and marked.
11. Per the County GIS department, specific street names within the Valley West Planned Unit
Development may have a conflict with existing County street names. Accordingly, the
following names may need to be changed: Westlake Drive, Martin Street, Foster Street,
Doane Street, and McKinzie Street.
12. Prior to filing the final plat for each phase, the applicant shall reconfirm or verify with the
County GIS Department, County Road and Bridge Department, and City Engineer that all
proposed names are acceptable in order to avoid duplication of names countywide, which
may occur between preliminary approval of subdivision phase and filing of final plat.
13. The common open space access strips and/or pocket parks shall be overlaid with a public
access easement. Provisions within the covenants shall provide for the care and maintenance
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I Valley West Subdivision PUD, Phase 1 Fjndjngs<}fF~ctand Qrder #pcQt 36 I
of these areas, which will ensure usability for the homeowners and general public.
14. A declaration of covenants for Valley West Planned Unit Development must be included and
recorded with the Final Plat for Phase 1, which specifically includes the provisions from
Section 16.34.030, as well as provisions for owners association maintenance of all applicable
homeowners' association open space, pedestrian facilities, and storm water facilities.
15. Prior to final plat approval, a Memorandum of Understanding shall be entered into by the
Weed Control District, Parks Di vision, and the subdi vider for the control of county declared
noxious weeds and for erosion control along the stream channels for two growing seasons
after relocation of the stream channel. A signed copy of this Understanding must be
provided to the Planning Department.
16. Applicant shall provide a soils report 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.
Plannine Code Provisions:
17. The Final Plat shall conform to all requirements of the Bozeman Area Subdivision
Regulations and the Uniform Standards for Final Subdi vision Plats and shall be accompanied
by all required documents, including certification from the City Engineer that as-built
drawings for public improvements were received, a platting certificate, and all required and
corrected certificates. The Final Plat application shall include two (2) signed c10thback (or
equivalent) copies; two (2) signed reproducible copies on a 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.
IS. Conditional approval of the Preliminary Plat shall be in force for not more than three
calendar years, as provided by State statute. Prior to that expiration date, the developer may
submit a letter of request for the extension of the period to the Planning Director for the City
Commission's consideration.
19. If it is the developer's intent to file the plat prior to the completion of all required
improvements, an Improvements Agreement shall be entered into 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 the
installation of all improvements, the developer shall supply the City of Bozeman with an
acceptable method of security equal to 150% of the cost of the remaining improvements.
Water/Sewer Conditions:
20. All water and sanitary sewer infrastructure must be designed and installed in accordance with
the Montana Public Works Standards and City of Bozeman modification to these standards.
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I Valley West Subdivisi()Il,PUJ);Pl1ase 1 Findings of Fact and Order #:p';l:m6 I
2l. All water main extensions must be looped with no dead end mains exceeding 500 feet.
22. Phasing of infrastructure must include year round access to all infrastructure and
appurtenances by the City Water and Sewer Department for maintenance.
Eneineerine PUD Plat Specific Conditions:
23. The applicant shall provide and file with the County Clerk and Recorder's Office executed
Waivers of Right to Protest Creation of S.I.D.'s for the following improvements:
a. Signalization of Cottonwood Road and Huffine Lane.
The document filed shall specify that in the event an SJ.D. is not utilized for the completion
of these improvements, the developer agrees to participate in an alternate financing method
for the completion of said improvements on a fair share, proportionate basis as determined by
square footage of property, taxable valuation of the property, traffic contribution from the
development or a combination thereof.
24. A detailed Traffic Study Report for the entire Valley West Development has been provided
to and reviewed by the City Engineer's office. While specific comments regarding the
analysis have been provided by the City Engineer to the developer's engineer, City
Engineering staff are comfortable that development of Phase 1 may take place without
adversely affecting the local street network. However, considering the degree of development
currently occurring along both the Babcock Street and Durston Road corridors and given that
the City is already actively pursuing improvements to both of those roadways, it may be
necessary to update the traffic study as part of the preliminary plat submittal for each phase
subsequent to Phase 1. The need for any traffic impact analysis updates will be identified at
the time of pre-application plan submittal for each subsequent phase.
25. The Final Plat shall contain a note prohibiting direct access from single family and duplex
lots to Durston Road, Ferguson Avenue, and West Babcock Street.
26. Luminaires (street lights) will be required at the intersection of West Babcock Street and
Ferguson A venue (northwest corner). Light height and type must be shown on the plans and
specs. Light must comply with design standards previously approved by City Commission.
27. The applicant is advised that given that West Babcock Street is 40 feet wide and intended to
have bike lanes on both sides, it is likely that parking will be permitted on one side only, with
No Parking signs installed on the opposite side of the street with this project. The applicant is
further advised that all pavcment markings shall be inlaid thermoplastic or tape. The required
improvements to West Babcock will be the responsibility of this development. The applicant
is responsible for installation of no parking signs and City approved pavement markings.
28. The applicant is advised that the installation of any traffic calming devices such as curb bulbs
and traffic circles will be considercd in detail and approved if appropriate dUling the
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I Valley West Subdivision PUD, Phase I Fin:liUrigli'QfFact and Order #P-0136 I
infrastructure plan and specification review process.
29. All typical street sections, including sidewalk location within the right-of-way and provisions
for bicyclists shall be in conformance with the street standards recommended in the Greater
Bozeman Area Transportation Plan, 2001 Update, unless otherwise approved by the City
Commission, Of by the City Engineer through the plan and specification review and approval
process.
30. Detailed review and approval of the concurrent construction plan will be part of the phase 1
infrastructure plan and specification review process. Building permits may not be issued until
the plan is approved.
31. The location of mailboxes shall be coordinated with the City Engineering Department prior
to their installation.
En2ineerin2 General Conditions:
32. A StOfmwater 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 has been provided to the City Engineer.
The applicant is advised that although the general storm drainage and grading concept has
been reviewed, the submitted data will be subject to further review as part of the
infrastructure plan and specification review process.
33. Stormwater generated by the proposed subdi vision which discharges to any privately owned
ditch must have the written permission of the ditch owner.
34. The Developer's engineer has provided a comprehensive Design Report evaluating existing
capacity of water and sewer utilities for the entire Valley West P.U.D.. Detailed review and
approval of the Design Report will be required as part of the infrastructure plan and
specification review and approval process.
35. The location of and distinction between existing and proposed sewer and water mains and all
easements shall be clearly and accurately depicted on the plans and specs, as well as all
nearby fire hydrants and proposed fire hydrants.
36. Any easements needed for the water and sewer main extensions shall be a minimum of 30
feet in width. While the final location of the water and sewer mains will be determined once
the final street widths are approved, in no case shall the utility be less than 10 feet from the
edge of the easement. All necessary easements shall be provided prior to final plat approval
and shall be shown on the plat. Wherever water and/or sewer mains are not located under or
accessed from improved streets, a 12 foot wide all weather access drive shall be constructed
above the utilities to provide necessary access.
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IValley West Subdivision I'UD, Phase] Findings of Fact and Order #P-O\36 I
37. Plans and Specifications for water and sewer main extensions, prepared and signed by a
Professional Engineer (PE) registered in the State of Montana shall be provided to and
approved by the City Engineer. Water and sewer plans shall also be approved by 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
preconstruction conference has been conducted.
No building permits shall be issued prior to substantial completion and City acceptance of
the required infrastructure improvements unless otherwise allowed by specific approval
of the City Commission under the provisions of Municipal Ordinances #1532 and 1533, and
all requirements of all those ordinances have been met.
38. Any street rights of way which are within the boundaries of this subdivision and for which
easements were provided with the Valley West Annexation Agreement shall be dedicated to
the City on the Final Plat for this subdivision.
39. City standard curb, gutter and sidewalk shall be provided along all streets in the subdivision.
Per Chapter 16.14.040 of the subdivision regulations sidewalks will be installed at the time
of the construction of the street improvements unless a variance is approved by the City
Commission.
40. Plans and Specifications for streets and storm drainage facilities, prepared and signed by a
Professional Engineer (PE) registered in the State of Montana shall be provided to and
approved by the City Engineer. 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 preconstruction
conference has been conducted.
No building permits shall be issued prior to substantial completion and City acceptance
of the required infrastructure improvements unless otherwise allowed by specific
approval of the City Commission under the provisions of Municipal Ordinances #1532
and 1533.
4l. The Montana Department of 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 plan and specification approval.
42. Applicant shall provide a point-by-point plot of footcandJes, on no smaller than 8 Yz" x 11"
paper or a polar distribution graph to show accurately the light distribution along the block
lengths within each phase of development. This information shall be reviewed and approved
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I Valley West Subdivision PUD, Phase 1 Findings offactand Order #P-0136 I
by the Planning Department prior to final plat and PUD plan approval for that particular
phase. The information will enable the proper lighting to be installed and no overlighting of
the residential neighborhood. The applicant is encouraged to vary light pole heights to offer a
more pedestrian scale.
43. In an effort to address concerns raised by the Parks and Recreation Advisory Board regarding
usable recreational areas, the applicant shall complete the Maynard-Border Ditch open
space/park to Cascade Street prior to filing the final plat for Phase 1.
44. Within the Maynard-Border Ditch open space/park area, the applicant shall construct a small
active play area (playground equipment and three picnic tables) on the southwest corner of
the intersection of Cascade Street and proposed Vaughn Drive, prior to filing the final plat
for Phase 1. Details of this neighborhood park, including equipment type and material, shall
be provided with the Final Plan submittal for Phase 1 subject to review and approval by the
Director of Facilities and Public Lands.
45. With the filing of the Final Plat and Final Plan for each phase, the applicant shall submit a
master plan for the open space/park areas contained within that phase that defines the major
uses of the open space/park areas and a plan for orderly development and preservation of
these areas. This master plan shall include a long-term maintenance plan and maintenance
schedule for any mowing, fertilization, irrigation, weed control, and snow removal.
46. That the garage/alley lighting be restricted to a maximum lumen to be determined in
conjunction with the Planning Department.
47. All residential lighting (non-street lighting) shall be illuminated with lights that meet the
City's standard requirements. In addition, all outdoor residential lighting shall be free of
glare, and shall be fully shielded or shall be indirect lighting. No lighting shall be beyond a
property's lot line. No unshielded lights shall be permitted. No mercury vapor lights shall be
permitted. Covenants of the development shall reflect these restrictions. For purposes ofthis
paragraph, the following definitions shall apply:
a) Fully shielded lights: Outdoor residential 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 expelt;
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.
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[V:il.ll'eyWest Subdivision PUD, Phase I Fhldings off'a,ct and Order #P-OI36 I
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 these Findings by the City
Commission, by following the procedures of Section 76-3-625, M.C.A. The preliminary approval of
this subdivision shall be effective for three years from the date of adoption of these Findings by the
City Commission. At the end of this period the City Commission may, at the written request of the
subdivider, extend its approval as provided for in the Bozeman Subdivision Regulations.
DATED this 10th day of June ,2002.
BOZEMAN CITY COMMISSION
By: ,,-1- ~
Steven R. Kirchhoff, Mayor
~:Z~
Robin L. Sullivan
Clerk of the Commission
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