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HomeMy WebLinkAbout02- Laurel Glen Subdivision, Phase I-IV - BEFORE THE BOZEMAN CITY COMMISSION IN THE MATTER OF THE APPLICATION OF FINDINGS OF FACT HINESLEY F AMIL Y LIMITED PARTNERSHIP AND ORDER AND SIDNEY & ETHLEL M. DYKSTRA FOR PRELIMINARY PLAT REVIEW OF LAUREL GLEN SUBDIVISION, PHASE I-IV, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA PURSUANT to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-625, Montana Codes Annotated, and the Bozeman Area Subdivision Regulations, a public meeting and public hearing were scheduled, after notice given, before the Bozeman Planning Board on May 7, 2002, and before the Bozeman City Commission on May 20, 2002, on the above-entitled application. The applicant presented to the City Commission a proposed preliminary subdivision plat to divide 156.96 acres ofland and create eighty~three (83) single-family residential lots, one hundred seventy~nine (179) multi-family residential lots, eight (8) condominium residential lots, and two (2) neighborhood commercial lots, together with the required supplementary plans and information. The purpose of the public hearing was to consider all relevant evidence relating to public health, safety, and welfare, including the required environmental assessment and recommendation of the Planning Board, to. determine whether the plat should be approved, conditionally approved, or disapproved. It appeared to the City Commission that all parties and the public wishing to appear and comment were given the opportunity to do so, and therefore, being fully advised of all matters having come before it regarding this application, the City Commission makes the following Findings of Fact, as required: FINDINGS OF FACT I. The complete application for the preliminary subdivision plat review of Laurel Glen Subdivision, Phase I-IV, was submitted to the Bozeman Planning Office on March 13, 2002. The preliminary subdivision plat, as proposed, will subdivide 156.96 acres of land and create eighty-three (83) single-family residential lots, one hundred seventy-nine (179) multi-family residential lots, eight (8) condominium residential lots, and two (2) LAUREL GLEN SUBDIVISION. PHASE I-IV. - FINDINGS OF FACT AND ORDER I ~ neighborhood commercial lots. All residential 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, extension of West Oak Street, and the construction of a network of interior local subdivision streets. Approximately 8.413 acres of parkland will be dedicated to the general public with this application. The application for preliminary plat review further involves a request by the applicant for a variance to Section 16.18.050.D.7 "Traffic Generation" of the Bozeman Area Subdivision Regulations for Phase One of the proposed mixed-use major subdivision. II. Notice of the public hearing before the Bozeman City Commission was published in the Bozeman Daily Chronicle on Sunday, April 21, 2002, and the notice was posted at the site and mailed by Certifled mail, return receipt requested, to all adjoining property owners. III The matter of preliminary subdivision plat review was heard by the Planning Board on May 7, 2002. The Planning Staff reviewed the project at that time and discussed the recommended conditions of the Development Review Committee, traffic impacts, improvements to Durston Road, requested variance to the subdivision regulations, and the need for a public access along the west most stream corridor in phase one. The Planning Staff reported that no public testimony on this matter had been received as of the public meeting before the Planning Board. IV. Chris Budeski, Allied Engineering Services, Inc., representing the applicant, responded to questions by the Planning Board regarding improvements to Durson Road and signalization improvements at the intersection of Cottonwood Road and Huffine Lane. Mr. Budeski commented further on the master plan for the major subdivision, public trail corridors, ground water, and the need for the variance to proceed with Phase One as the major developers along Durston Road proceeded with the implementation of provisions to improve the minor arterial road. LAUREL GLEN SUBDIVISION. PHASE I-IV. - FINDINGS OF FACT AND ORDER 2 L Mr. Chuck Hinesley, applicant, discussed the time schedule for completion of improvements to Durston Road and stated the need to obtain additional right-of-way for Durston Road from County residents and how the requested variance would allow for the time necessary to implement the S.LD. to proceed with the improvements to Durston Road. V. The Planning Board then opened the public testimony portion of the informational meeting on said matter ofthe mixed-use major subdivision. Gary Metcalf, 3955 Durston Road, stated that his family plans to sell the adjoining property to the east of the proposed subdivision and expressed his concern that the City provides public services of adequate capacity to accommodate future development in the area. After hearing no further public testimony on the matter, the Planning Board closed the public testimony portion of the public meeting. VI. After hearing all public testimony and finding that the Preliminary Plat was properly submitted and reviewed under the procedures of the Bozeman Area Subdivision Regulations, the Bozeman City Zoning Ordinance, and the Bozeman Area Community Plan, the Planning Board then reviewed and considered the facts against the criteria established by statute. The Planning Board considered the recommended conditions prepared by the Planning Staff and Development Review Committee, and discussed the subdivision design, traffic impacts, improvements to Durston Road, flood plain, and requested variance to the subdivision regulations, and considered modifications to the recommended conditions of approval outlined in the staff report. The Board further commented that the requested variance to the subdivision regulations is reasonable but the cumulative effect of future traffic impacts along Durston Road must be considered. VII. The Planning Board considered the applicant's request for a variance to Section 16.18.050.D.7 of the Bozeman Area Subdivision Regulations against the criteria set forth and after finding no hardship to support the applicant's request, voted 5-1, to recommend denial of the requested variance to the City Commission. LAUREL GLEN SUBDIVISION. PHASE I-IV. - FINDINGS OF FACT AND ORDER 3 .. VIII. The Planning Board then found that based on the information and statements made by the applicant, along with the recommended conditions, that the subdivision would comply with the primary review criteria, and therefore voted 6-0 to forward a recommendation of conditional approval to the Bozeman City Commission in Planning Resolution No. P-020 12 with revisions to: I) condition #9 - that prior to filing the final plat for phase #2, #3, or #4, Durston Road shall be improved to a minor arterial, 2) condition #22 - to provide a 20-foot wide public access easement along the Aaker Creek tributary, and 3) condition #40 - to eliminate any reference to controlled motion detectors. IX. The matter was considered at a public hearing before the City Commission on Monday, May 20, 2002. The Planning Staff reviewed the project at that time and forwarded the Planning Board's recommendation of conditional approval. Mr. Chris Budeski, Allied Engineering Services, Inc., representing the applicant, discussed the design of the major subdivision and how it addressed many of the goals and policies of the Bozeman 2020 Community Plan, the need for a variance to the subdivision regulations for only Phase One of the major subdivision, and the sequence of events for improvements to Durston Road. Mr. Chuck Hinesley, applicant, discussed the importance of completing the improvements to Durston Road and described the two Special Improvements District that developers along Durston Road are attempting to implement to complete said improvements to the minor arterial road. Mr. Hinesley also discussed the signalization improvements at the intersection of Cottonwood Road and Huffine Lane, requesting to proceed with Phase One of the major subdivision as improvements to the intersection occurred. X. The City Commission then discussed the applicant's request for a variance, requested modifications to the Planning Board's recommended conditions of approval, schedule for improving Durston Roand and signalization at the intersection of Cottonwood Road and Huffine Lane. LAUREL GLEN SUBDIVISION. PHASE I-IV. - FINDINGS OF FACT AND ORDER 4 . XI. The public hearing portion on this matter was then opened by the City Commission. Dr. Richard Nollmeyer, adjoining property owner, questioned the time scheduled for development of Phase One and area of the subdivision that encompasses the first phase. Mr. Nollmeyer further expressed his appreciation for the Commission's decision to not allow high~density development on the side that adjoins his property. Mr. Gary Metcalf: 3955 Durston Road, spoke on the matter emphasizing the need to guarantee that adequate municipal infrastructure and public services will be available in the area for future developers. The City Commission then considered the public testimony and discussed further the method and schedule for improvements to Durston Road, as well as signalization improvements at Cottonwood Road and Huffine Lane. XII. After discussing the recommended conditions of approval, considering modifications and/or corrections to the Planning Board's recommended conditions, consideration of additional conditions of approval, and after no Commissioner objections, the public hearing on this matter 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: 76-3-608(3)(a): 1) EFFECTS ON AGRICULTURE: Historically, the subject property has been used for agricultural purposes with the majority of the 1 59.67-acre parcel used for cultivating crops or pasture. Soil conditions confirm the site as being good producing soils for agricultural activity and a viable farm unit. As a result, 159+ acres of good producing agricultural land will be eliminated from agricultural activity. The area of the subject property is not of a substantial size to accommodate a viable farmstead. The area is also identifIed for Residential and Neighborhood Commercial development on the Land Use Plan Element ofthe Bozeman Area Master Plan and is considered a reasonable area for urban densities and suburban residential growth. LAUREL GLEN SUBDIVISION. PHASE I-IV. - FINDINGS OF FACT AND ORDER 5 . 2) EFFECTS ON LOCAL SERVICES: The subject property is preliminarily approved for annexation to the corporate limits of the City of Bozeman and is planned to develop at a mix of urban residential and limited neighborhood commercial densities with access to municipal infrastructure for sanitary sewer and domestic water, as well as emergency serviCes. Police and Fire protection will be available to this site with annexation of the property. Access to municipal infrastructure is available as noted previously 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 subdivision proposal street improvements are necessary to Durston Road and West Oak Street to bring both arterial streets to acceptable City standards. The City Engineer's Office notes that Durston Road, from the west boundary of this subdivision to North 19th Avenue, shall be improved to a minor arterial standard or financially guaranteed prior to filing the final plat for any phase of the subdivision. Furthermore, 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". 3) EFFECTS ON NATURAL ENVIRONMENT No significant physical or topographical features (i.e., water courses, wetlands, out croppings) with the exception of the three watercourses and associated wetlands have been identified on said property. The applicant intends to enhance the Aajker Creek Tributary and Baxter Creek working with Montana Department of Fish, Wildlife & Parks, but will not alter the general course of both waterways. 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 HABITAT The historical use of the property for agricultural purposes has limited the potential for significant areas of mature vegetation with exception to the random clusters of mature bushes along the Baxter Creek watercourse and associated wetland areas. No known endangered species or critical game ranges have been identified on the proposed subdivision. The Department of Fish, 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. S) EFFECTS ON PUBLIC HEALTH AND SAFETY The Bozeman Development Review Committee (D.R.C.) reviewed the application for Preliminary Plat review of Laurel Glen Subdivision, Phase I~IV; and as result, did not identify any significant impacts to the area's public health and safety that cannot 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 will be eliminated. LAUREL GLEN SUBDIVISION. PHASE I-IV. - FINDINGS OF FACT AND ORDER 6 . 6) EFFECT ON AGRICULTURAL WATER USERS FACILITIES The three waterways described on the property 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 Laurel Glen Subdivision will not interfere with any agricultural water user facility or irrigation ditches for downstream water rights. All subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, M.C.A., 1995. The Planning Office reviewed this application against the listed criteria and further provided the following summary review: 76-3-60S.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 Bozeman Area 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 complies with the subdivision review procedures for a major subdivision established in the Bozeman Area 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. 76-3-60S.3.c. M.C.A. (c) - Provision for easements for the location and installation of any planned utilities. All new facilities (i.e., electricity, gas, telephone, cable) will be installed underground. Appropriate easements shall be delineated on the Final Plat and the appropriate certifIcate on the plat granting the use of the easements to the necessary entities will be provided. The Development Review Committee recommended a condition of Preliminary Plat approval that required the applicant to clearly identify the thirty (30) foot wide utility and access easement on the Final Plat for public access, and sewer and water main extensions. LAUREL GLEN SUBDIVISION. PHASE I.IV. - FINDINGS OF FACT AND ORDER 7 . 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 access to individual subdivision lots, that will connect with the area's transportation network system, which involves 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 Conunission found that the proposed preliminary plat for Laurel Glen Subdivision, Phase 1-4, a mixed*use major subdivision, would comply with the requirements of the Bozeman Area Subdivision Regulations and the Montana Subdivision and Platting Act if certain conditions were imposed. ORDER THEREFORE, IT IS HEREBY ORDERED, on a vote of 5 to 0, that the Preliminary Subdivision Plat to subdivide 156.96 acres of land and create eighty-three (83) single-family residential lots, one hundred seventy-nine (179) multi-family residential lots, eight (8) condominium residential lots, and two (2) neighborhood conunercial lots known as Laurel Glen Subdivision, Phase 1-4, along with the request for a variance to Section 16.18.050.D.7 "Traffic Generation" of the Bozeman Area Subdivision Regulations, 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. 1. Storm water Master Plan: A Stormwater Master Plan for the subdivision for a system designed to remove solids, silt, oils, grease, and other pollutants from the runoff from the private and public streets and all lots must be provided to and approved by the City Engineer. The master plan must depict the maximum-sized retention basin location and show location of: and provide easements for, adequate drainage ways within the subdivision to transport runoff to the stormwater receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin site, drainage ways and finished lot grades), typical stormwater detention/retention basin and discharge structure details, basin sizing calculations and a storm water maintenance plan. LAUREL GLEN SUBDIVISION. PHASE I-IV. - FINDINGS OF FACT AND ORDER 8 --- --------- . Any stormwater ponds located within a park or open space shall be designed and constructed to be conducive to the normal use and maintcnancc 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. Final 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 1) water and sewer main extensions, and 2) public streets, curb/gutter, sidewalks and related storm drainage infrastructure improvements shall be financially guaranteed or constructed prior to final plat approval. 4. The location of existing water and sewer mains shall be properly depicted. Proposed main extensions shall be noted as proposed. 5. The Montana Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Anny 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 initiation of construction. 6. Ditch relocation: a. The Montana Fish, Wildlife and Parks shall be contacted by the applicant regarding the proposed relocation and any required permits (i.e., 310, 404, turbidity exemption, etc.) shall be obtained prior to final site plan approval. b. The applicant shall obtain written permission from the ditch owner for any 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. 9. Prior to the filing of the final plat for Phase 2, 3 or 4, whichever occurs first, Durston Road, from North 19th Avenue west to approximately Fowler Lane (extended) shall be improved to a minor arterial standard. The need for improvements to Durston Road, from F ow ler Lane (extended) to the west boundary of the Laurel Glen Subdivision, will be reviewed through traffic studies for future phases of Laurel Glen Subdivision, and/or as other developments occur west of Fowler Lane. LAUREL GLEN SUBDIVISION. PHASE I-IV. - FINDINGS OF FACT AND ORDER 9 - 10. Pursuant to Section 16.18.050.D.7.d.3. of the Bozeman Area Subdivision Regulations, all arterial and collector streets and movements on intersection approach legs designated as arterial or collector shall operate at a minimum Level of Service "C", unless a variance is granted by the City Commission. The applicant shall provide plans, acceptable to the Director of Public Service and the Montana Department of Transportation that will bring the level of service of the Cottonwood Road/Huffine Lane intersection up to a minimum Level of Service "C". The level of service with the mitigating measures in place will be certified by the applicant's engineer to the city. No construction shall begin until such time as the plans for these upgrades are approved. 11. The signalization improvements at the intersection of Cottonwood Road and Huffine Lane must be completed or financially guaranteed in the amount of 150 percent of the estimated cost of the entire improvements prior to final plat approval. After final plat approval, building permits to proceed with construction on individual lots may be issued if all remaining subdivision improvements, exclusive of said signalization improvements, are installed and accepted by the City. However, building permits will no longer be processed and/or issued after nine (9) months of the decision of the governing body, being February 20, 2003, until such time that said signalization improvements are installed, in place and operational. 12. Temporary cul-de-sacs shall be installed on the east end of Glenwood Drive and Annie Street, and on both ends of Oak Street. 13. The Traffic Impact Analysis discussed the future need for some type of traffic control, possibly a roundabout, at the intersection of Laurel Parkway and Durston Road. If a roundabout is to be utilized at this location, sufficient right-of-way shall be dedicated with the final plat for Phase 1. 14. Prior to commencement of Phase 3, sewer flow monitoring shall be performed to determine if the relief sewer main (N2) needs to be constructed. If it is determined that it is needed at that time, it shall be constructed and accepted prior to issuance of building permits for that phase. 15. That prior to submitting for final plat review and approval for any phase(s) of the major subdivision, the applicant will have formally executed the Annexation Agreement and annexed said lands to the corporate limits of the City of Bozeman. 16. That the applicant completes the contingencies and terms of approval for the zone map amendment to establish municipal zoning designations on said property and that the Zoning Ordinance be formally adopted by the City Commission, prior to submitting for final plat review and approval of any phase(s) of said major subdivision. 17. That water rights, or cash in lieu thereof, shall be provided or 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. 18. That the sanitary sewer lift station will be located on a "common" lot owned by the property owners' association, and that it be noted accordingly in Declaration of Protective Covenants and subject to review and approval by the Planning Office. 19. Traffic calming devices and/or street design improvements, subject to review and approval by the City Engineer, shall be installed at the intersections of Laurel Parkway with Annie Street and Glenellen Drive, and at said points that the Baxter Creek trail corridor crosses Glenwood Drive, Annie Street and Glenellen Drive. LAUREL GLEN SUBDIVISION, PHASE I-IV. - FINDINGS OF FACT AND ORDER 10 . . 20. Pedestrian crosswalk pavement markings and signs shall be installed on Durston Road and West Oak Street at the intersection with all interior local subdivision streets and at the intersections of Laurel Parkway with Annie Street and Glenellen Drive. 21. That a one (1) fQot wide "No Access" strip be delineated and noted accordingly on the final plat fQr all lots fronting or backing onto Durston Road and West Oak Street, prior to obtaining final plat approval. 22. That the developer submits a formal development plan signed by a certified landscape architect fQr the design of all dedicated parklands 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 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. A 20- foot wide public access easement along the Aajker Creek tributary shall be executed for the open space area in Phase 1, if said area is not dedicated parkland; and a public parkland easement fQr the public park in Phase 3 shall be executed with the first phase of the subdivision to be filed. Subsequent parkland dedications to the general public will be filed with each applicable phase of the subdivision that includes any or all of the dedicated parkland(s). 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. 23. 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. 24. That the by-laws and protective covenants of the homeowners' association include language that defines the front and rear yards of each individual comer subdivision lot as those yards that coincide with the orientation of all yards established by the interior subdivision lots of each block, and that the determination of all required yards shall be further reviewed and approved by the Planning Office during the processing of applications for building permits for each individual residential dwelling. 25. That all comer subdivision lots for single-family detached dwelling units shall maintain a minimum lot width of not less than five (5) to ten (10) feet wider than the width of all interior subdivision lots located within each prescribed subdivision block. 26. That all areas fQr the collection of storm water runoff shall be described as "Common Open Space" owned and maintained by the homeowners' association, and noted accordingly in the by-laws and protective covenants, and subject to review and approval by the Planning Office prior to final plat approval. 27. That all subdivision lots located at the end of cul-de~sac streets shall maintain a minimum lot width of not less than sixty (60) feet at the front yard setback, or the minimum lot width prescribed by the applicable zoning district. 28. That the declaration of protective covenants and restrictions note a twenty-five (25) foot yard setback is required fQr all lots adjoining the arterial streets, Durston Road and West Oak Street, and that no accessory structures are permitted in said yard setback. 29. Per Section 16.14.130 "Watercourse Setbacks" of the City of Bozeman Interim Subdivision Regulations, the final plat shall establish minimum thirty.five (35) foot stream setbacks, or larger, from all three waterways existing within said subdivision, and that it be noted accordingly on the final plat and within the declaration of protective covenants and restrictions prior to final plat approval. LAUREL GLEN SUBDIVISION. PHASE I-IV. - FINDINGS OF FACT AND ORDER II -- --- ------ ------- ..--- -------- --- . . 30. That the final plat shall comply with Section 16.08.050 "Final Plat" and Chapter 16.32 "Certificates" of the City of Bozeman Interim Subdivision Regulations and shall conform to all requirements of the Uniform Standards for Final Subdivision Plats, including provisions for all appropriate certificates and language and certification from the City Engineer that as-built drawings for public improvements were received and accompanied by all appropriate documents, including a Platting Certificate. Four mylar copies of the final plat must be submitted for final plat approval, along with two (2) digital copies of the tinal plat on a double-sided, high density 312-inch floppy disk, and five (5) paper prints. 31. That the applicant obtain Montana Department of Environmental Quality approval of the subdivision prior to final plat approval pursuant to Sections 16.16.101 through 16.16.805 AR.M. 32. That applicant submit with the final plat application, for review and approval by the Planning Office, protective covenants, restrictions and articles of incorporation for each phase of the preliminary plat as being party to the homeowners' association of Laurel Glen Subdivision, which shall be recorded and tiled at the Gallatin County Clerk and Recorder's Office with the final plat for each phase. 33. That prior to proceeding with any significant ground disturbance or installation of municipal infrastructure and/or streets, the applicant shall provide the Planning Office with a Cultural Resource Inventory determining if any unknown or unrecorded cultural resources exist on the site in question and, if such sites do exist, whether or not they will be impacted by the development of said lands. 34. That the final plat contains the minimum twenty (20) foot wide utility easements on all side and rear property lines as required by the Subdivision Regulations. The requirement of utility easements in the side property lines may be waived when all local utility agencies and the Director of Public Service agree in writing that utilities can be installed in the twelve (12) foot wide and ten (10) foot wide utility easements along the front and rear of the residential lots or other proposed easements, and that utility easements along the side property lines are not necessary. 35. That the final plat submitted for review and approval by the Planning Office shall contain the following language, that is readily visible with bold lettering at a minimum width of l/4~inch, placing future landowners of individual lots on notice of the presence of high groundwater in the area of the subdivision: "Due to relatively high groundwater table within the areas of the subdivision, it is not recommended that residential dwellings or commercial structures with full or partial basements be constructed without first consulting a professional engineer licensed in the State of Montana and qualified in the certification of residential and commercial construction." 36. Prior to tiling the final plat for each phase, the applicant shall verify all street names with the Gallatin County GIS Department, County Road and Bridge Department, and City Engineer's Office to avoid duplication of street and road names countywide. 37. Prior to filing of the final plat for each phase of the subdivision the applicant must provide written documentation of having entered into a signed Memorandum of Understanding with the County Weed Control District and City of Bozeman Parks Department verifying the implementation of a noxious weed management and revegetation plan and for erosion control along all waterway channels for two (2) consecutive growing seasons after implementation of any stream enhancement activity. 38. The applicant shall obtain approval from the City Engineer's Office for the location of all mailboxes within public right-of-way prior to proceeding with installation. LAUREL GLEN SUBDIVISION. PHASE I-IV.. FINDINGS OF FACT AND ORDER 12 . . - , 39. No stormwater runoff swales and/or ditches shall be allowed in required yard setbacks unless installed underground in properly designed piping that is reviewed and approved by the City Engineer's Oflice and Planning Office prior to final plat approval. 40. Street lighting shall be incorporated into the subdivision by one of the following: a) applicant shall install adequate street lighting throughout the subdivision. Lighting shall be maintained by means of the homeowners' association through protective covenants; or b) applicant shall participate in a street lighting district. Street lighting will provide the necessary lighting in accordance with applicable national safety standards consistent with the preservation of dark skies. All subdivision lighting provided shall conform to Section 18.50.035 of the Bozeman Zoning Ordinance. Details and specifications (cut sheets), including bulb type and size and locations, shall be provided with the final plat and be subject to review and approval by the Planning and Engineering Departments. In addition to current city standards, all outdoor lighting, residential, commercial or otherwise, shall be free of glare and shall be fully shielded or shall be indirect lighting. No direct lighting shall be emitted beyond a property's lot line. No ranch lights or unshielded lights shall be permitted. No mercury vapor lights shall be permitted. Alley lights shall be fully shielded lights. Covenants of the development shall reflect these restrictions. For purposes ofthis 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. 41. 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. 42. That the applicant revise the subdivision design in Phase 1 by extending Shadow Glen Drive eastward to connect with Laurel Parkway and also eliminate the Gail Court cul-de-sac, prior to final plat review and approval. 43. That where applicable, the subdivision design for all streets and street rights-of-way that are presently designed with a curved turning movement be revised to provide public streets and rights-of-way at 90 degrees to one another. 44. If the final plat for any phase of the subdivision is to be filed prior to installation, certification and acceptance of all required improvements by the City of Bozeman, the developer shall enter into an Improvements Agreement with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval, and the developer shall supply the City of Bozeman with an acceptable method of security equal to one hundred fifty (150) percent of the estimated cost of the remaining improvements. 45. That the developer shall have three (3) years from the date of preliminary plat approval to complete the conditions of preliminary plat approval and apply for final plat approval for Phases 1 through 4. LAUREL GLEN SUBDIVISION. PHASE I-IV. - FINDINGS OF FACT AND ORDER 13 . . "..- 46. That the applicant submits with the application for final plat review and approval of Laurel Glen Subdivision a written narrative stating how each of the conditions of preliminary plat approval have been satisfactorily addressed. The preliminary approval of this subdivision shall be effective for three (3) years from the date of Preliminary Plat approval, May 20,2005. 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 (I) calendar year. However, preliminary approval may be extended for more than one (I) calendar if the developer enters into, and secures, an Improvements Agreement for the Subdivision. 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. DATED this 30th day of September 2002. BOZEMAN CITY COMMISSION A~ Steven R. Kirc ho, yor ATTEST: ~J~ Robin Sullivan, Clerk of the Commission LAUREL GLEN SUBDIVISION. PHASE I-IV. - FINDINGS OF FACT AND ORDER 14