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HomeMy WebLinkAbout02- Diamond Estates Subdivision No. 2 i . , . BEFORE THE BOZEMAN CITY COMMISSION IN THE MATTER OF THE APPLICATION OF FINDINGS OF FACT DOUGLAS L. SMITH FOR PRELIMINARY PLAT AND ORDER REVIEW OF DIAMOND EST A TES SUBDIVISION NO.2, PHASE I, 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 June 4,2002, and before the Bozeman City Commission on June 17,2002, on the above-entitled application. The applicant presented to the City Commission a proposed preliminary subdivision plat to divide 20.302::1: acres of land and create twenty- nine (29) residential lots consisting of twenty-eight (28) duplex residential lots and one (1) larger 8.8l7-acre parcel lot for construction of a church. 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 bc approved, conditionally approvcd, 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 Diamond Estates Subdivision No.2, Phase One, was submitted to the Bozeman Planning Office on April 15, 2002, after receiving an updated traffic analysis study from Marvin and Associates. Gaston Engineering & Surveying, Inc., granted an extension for the 60-day review period of the preliminary plat application on April 15, 2002, to allow the City Engineer's Office ample time to review an updated traffic study for said major subdivision. The preliminary subdivision plat, as proposed, will subdivide 20.302::1: acres of land and create twenty-nine (29) residential lots consisting of twenty-eight (28) duplex residential lots and one (1) 8.817-acre parcel lot for construction of a church. All DIAMOND ESTATES SUBDIVISION NO.2. PHASE I - FINDINGS 01' FACT AND ORDER 1 I , ~ 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 and the construction of a network of interior local subdivision streets. The applicant for development of public parklands will provide a public parkland easement in future phases of the major subdivision in-lieu of dedicated parkland with this application. II. Notice of the public hearing before the Bozeman City Commission was published in the Bozeman Daily Chronicle on Sunday, May 19,2002, and the notice was posted at the site and mailed by Certified mail, return receipt requested, to all adjoining property owners. III The Planning Board heard the matter of preliminary subdivision plat review on June 4, 2002. The Planning Staff reviewed the project at that time and discussed the recommended conditions of thc Development Review Committee, including the traffic analysis study and street improvement standards, need of public parkland easement, limited access onto Durston Road, collector street standard for Ferguson Road, and recommended modifications to condition #19; change 62 foot wide right-of-way to 60-foot right-of-way, condition #48; change reference of Phases 1-4 to Phase 1, and condition #49; change reference of Laurel Glen to Diamond Estates Subdivision No.2, Phase 1. The Planning Staff reported that no public testimony on this matter had been received as of the public meeting before the Planning Board. IV. Dennis Foreman of Gaston Engineering Surveying, representing the applicant, responded to questions by the Planning Board and discussed the location of the Valley West sewer trunk line and water main in Durston Road. Mr. Foreman requested that condition #8 recommended by the City Engineer's Office be clarified regarding the need for a comprehensive utilities design report, stating that the needed infrastructure for water and sewer mains for this area were installed two years ago and the subject property was included in the study at that time. V. The public meeting portion on this matter was opened, and after calling for public testimony three times and hearing none, the public meeting portion was closed. DIAMOND ESTATES SllBDlVISION NO.2, PHASE I - FINDINGS OF FACT AND ORDER 2 . . ~ VI. After finding that the Preliminary Plat was properly submitted and reviewed under the procedures of the Bozeman Area Subdivision Regulations, the Bozeman City Zoning Regulations, and the Bozeman Area Master Plan, the Planning Board reviewed and considered the facts against the criteria established in Title 76-3-608, M.C.A. 1999. The Planning Board further considered the recommended conditions prepared by the Planning Staff and Development Review Committee, and discussed the need to change the name of Ferguson Road to Ferguson Avenue, as well as clarification and modifications to the language in the recommended conditions of approval identified by the Planning Staff. VII. The Planning Board found that with the attached conditions the major 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-02011 with said conditions recommended by the Planning Office. VIII. The matter was considered at a public hearing before the City Commission on Monday, June 17,2002. The Planning Staff reviewed the project at that time and forwarded the Planning Board's recommendation of conditional approval to the City Commission. Dennis Foreman of Gaston Engineering, representing Douglas L. Smith, stated his concurrence with the recommended conditions of preliminary plat approval with exception to adding the word "future" in condition #20, which was inadvertently omitted from the Planning Board's resolution. Mr. Foreman then responded to conditions from the City Commission regarding the installation of wells for landscape irrigation, potential for a limited commercial node in future phases, and consideration of a variety in the development of the residential lots that provides a character and uniqueness within the subdivision. DIAMOND ESTATES SUBDIVISION NO.2. PHASE I - FINDINGS OF FACT AND ORDER 3 . IX. The public hearing portion on this matter was opened, and after three calls for public testimony and having received none, and after no Commissioner objections, the public hearing on this matter was closed. X. 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 20.302-acre parcel used for cultivating crops or pasture. The Soil Potential Maps identify the site as being good producing soils for agricultural activity and a viable fann unit. As a result, 20.302 acres of good producing agricultural land will be eliminated from agricultural activity based on the Soil Maps. The area is designated to develop as "Residential" on the Land Use Plan Element of the Bozeman 2020 Community Plan and is considered a reasonable area for urban infill with suburban residential growth at urban densities. Recent subdivision proposals, annexations, and present growth patterns along Durston Road reflect a gradual transition from agricultural activities to urban residential development within the corporate limits of the City of Bozeman 2) EFFECTS ON LOCAL SERVICES Municipal infrastructure is located in general proximity to the preliminary plat and is generally accessible to the subdivider in order to develop at urban densities. 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. Provisions to improve Durston Road and Ferguson Road are necessary with this major subdivision proposal. Parameters for the improvements to Durston Road have been established with major developers in the area to move forward with improvements to the arterial street based on the recommended conditions of approval. Prior to installation of municipal infrastructure, plans and specifications for the main extensions must be provided for review and approval by the City Engineer's Office and Montana Department of Environmental Quality. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements. 3) EFFECTS ON NATURAL ENVIRONMENT No significant physical or topographical features have been identified in this phase of the major subdivision. Detention/retention ponds to receive storm water runoff from the local streets have been designed to mitigate any potential impacts to future residents and will be established as part of a storm water runoff maintenance plan. Provisions are included in the applicant's submittal to address the control of noxious weeds, agricultural fencing and the maintenance of park land/open space. DIAMOND ESTATES SUBDIVISION NO.2. PHASE I - FINDINGS OF FACT AND ORDER 4 . . 4) EFFECTS ON WILDLIFE AND WILDLIFE HABIT A T Because the area in question was historically used for cultivating agricultural crops prior to this development proposal, and finding no substantial amounts of mature vegetation, bushes or trees existing on the property in question, no evidence of significant wildlife or wildlife habitant have been identified. The Department ofFish, Wildlife & Parks has not identified any impacts on wildlife and wildlife habitat with this proposal. Therefore, no effects on any wildlife and wildlife habitat should occur as a result of the proposed subdivision. 5) EFFECTS ON PUBLIC HEALTH AND SAFETY The Bozeman Development Review Committee (D.R.C.) reviewed the application for Preliminary Plat review of Diamond Estates Subdivision No.2, Phase I; and as result, has determined that said impacts to the area's public health and safety identified with this subdivision proposal and outlined the staff report, have the ability to be mitigated based on the recommended conditions of approval prepared by the D.R.C. Because development of the property will include municipal sanitary sewer services, the threat of groundwater degradation from on-site sewage disposal will be eliminated. 6) EFFECT ON AGRICULTURAL WATER USERS FACILITIES Although the developer does not anticipate any impacts to downstream water users with this subdivision, will be necessary for the applicant to provide a written statement on the final plat and protective covenants stating that there will be no impact on downstream water user facilities or irrigation ditches for downstream water rights. All subdivisions must be reviewed against the criteria listed in 76-3-608.3 .b-d, M.C.A., 1995 regardless of compliance with master plan status. As a result, the Planning Office has reviewed this application against the listed criteria and further provides the following summary review: 76-3-608.3.b.M.C.A. (i) - Compliance with survey requirements provided in Part 4 of the Montana Subdivision and Platting Act. The proposed major subdivision appears to have complied 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 major subdivision is in general compliance with the Bozeman Area Subdivision Regulations based on the recommended conditions provided by the Bozeman Development Review Committee and other applicable review agencies. (Hi) - Compliance with the local subdivision review procedures. The application generally 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 any public testimony received, the Bozeman Planning Board forwarded a formal recommendation in Resolution No. P-02011 to the Bozeman City Commission for final action on the proposed major subdivision. DIAMOND ESTATES SUBDIVISION NO.2. PHASE I - FINDINGS OF FACT AND ORDER 5 . . . 76-3-608.3.c. M.C.A. (c) - Provision for easements for the location and installation of any planned utilities. All new facilities (i.e., electricity, gas, telephone, cable) will be installed underground. Appropriate easements shall be indicated on the Final Plat and the appropriate certificate on the plat granting the use of the easements to the nccessary entities. The Development Review Committee recommended a condition of Preliminary Plat approval that required the applicant to clearly identify the thirty (30) foot wide utility easement(s) on the Final Plat for sewer and water mains that may be located outside of dedicated public right-of-ways. 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 rcview will occur from thc construction of the extension of West Oak Street and the existing Durston Road. Direct access to each individual lot will occur from interior local subdivision streets built to City standards and located within 6O-foot wide dedicated rights-of-way. No direct access to West Oak Street and Durston Road will be permitted and shall be noted accordingly on the Final Plat for this subdivision. XI. After considering all matters of record presented at the public hearing and meeting, the City Commission found that the proposed preliminary plat for Diamond Estates Subdivision No.2, Phase I, divide 20.302:1: acres of land and create twenty-nine (29) residential lots consisting of twenty-eight (28) duplex residential lots and one (1) larger 8.817-acre parcel lot for construction of a church, would comply with the requirements of the Bozeman Area Subdivision Regulations and the Montana Subdivision and Platting Act if certain conditions were imposed. ORDER THEREFORE, IT IS HEREBY ORDERED, on a vote of 4 to 0, that the Preliminary Subdivision Plat to create twenty-nine (29) residential lots consisting of twenty-eight (28) duplex residential lots and one (I) larger 8.817-acre parcel lot for construction of a church, has been found to meet the primary critcria 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 DIAMOND ESTATES SIJBDIVISION NO.2. PHASE I - FINDINGS OF FACT AND ORDER 6 . . and pedestrian circulation is provided, adequate infrastructure and public services are provided, and adequate public access, utility easements, and rights-of-way are provided. This City Commission order may be appealed by bringing an action in the Eighteenth District court of Gallatin County, within 30 days after the adoption of this document by the City Commission, by following the procedures of Section 76-3-625, M.C.A. 1. The applicant is advised that the subject property is located within the Valley West Sewer, Water, and Street payback boundaries. The complete payback for each phase will be required prior to issuance of building permits. The established payback rates are as follows: Sewer: $1,482.47/gross acre Water: $1 ,278.29/gross acre Street: $2,900.04/gross acre 2. The applicant shall provide and file with the County Clerk and Recorder's Office executed Waivers of Right to Protest Creation of Special Improvement Districts (SID's) for the following: a. Street improvements to Durston Road and Oak Street, including paving, curb and gutter, sidewalk, and storm drainage facilities. The document filed shall specify that in the event an SID 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. 3. Prior to submittal of plans and specifications for any proposed phase of this development, an infrastructure phasing schedule for the subdivision shall be submitted to and approved by the City Engineer's Office. All infrastructure improvements required for each phase of the development including water and sewer main extensions, public street, curb and gutter, sidewalks, and related storm drainage infrastructure improvements as identified in the schedule shall be constructed or financially guaranteed prior to Final Plat approval for each phase. No building permits for any phase of the development will be issued prior to completion and City of Bozeman acceptance of said infrastructure improvements for that phase. Should the actual phasing of the subdivision occur in a sequence different from that indicated in the approved schedule, the infrastructure improvements required to be in place prior to filing ofthe Final Plat for the new phases shall be reviewed and approved by the City Engineer's Office prior to construction. 4. A Storm water Master Plan for the subdivision for a system designed to remove solids, silt, oils, grease and other pollutants from the runoff from the private and public streets and all lots must be provided to and approved by the City Engineer. The master plan must depict the maximum sized stormwater basin location(s), illustrate location(s) of and provide easements for adequate drainage ways within the subdivision to transport runoff to the stormwater receiving channel(s). The plan shall include sufficient site grading and elevation information (particularly for the basin site(s), drainage ways, and finished lot grades), typical stormwater basin and discharge structure details, basin sizing calculations, and a stormwater maintenance plan. DIAMOND ESTATES SUBDIVISION NO.2. PHASE I - FINDINGS OF FACT AND ORDER 7 ___._____n_ Any stormwater basins 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 basins shall not be located on easements within privately owned lots. No open channel flow in drainage easements across private property will be permitted. The use of large retention basins will be strongly discouraged. The point of discharge and ultimate destination from any proposed stormwater detention basin(s), as well as the point of overflow and ultimate destination from any proposed stormwater retention basin(s) must be clearly depicted on the plan. 5. In the event that storm sewer mains and manholes are located outside of public street right~of- ways, a twelve (12) foot wide all-weather access shall be constructed above the utility to provide necessary access. 6. All stormwater improvements required for each phase must be constructed or financially guaranteed prior to filing the final plat for that phase. No building permits in a given phase will be issued until the stormwater improvements required for that phase (as detailed in the approved infrastructure phasing plan) are constructed and approved. 7. Detailed review of the final grading and drainage plan and approval by the City Engineer's Office will be required as part of the infrastructure plan and specification review process. 8. The applicant's engineer shall submit a comprehensive utilities design report evaluating the existing capacity of the water and sewer utilities. The report must include hydraulic evaluations of each utility for both existing and post~development demands. Thc report findings must demonstrate that adequate capacity is available to serve full development. If adequate water and/or sewer capacity is not available for full development, the report must identify the water and sewer system improvements required to provide necessary capacity. The applicant will be responsible for completion of all improvements required to serve the full development. 9. All proposed water and sewer mains shall be extended to the subdivision property boundaries to. adequately accommodate future extensions and/or looping. 10. All water main extensions in excess of 500 feet required for this development shall be fully looped. 11. Plans and specifications for water and sewer main extensions, prepared by a Professional Engineer (PE) registered in the State of Montana, shall be provided to and approved by the City Engineer's Office for each phase of development. Water and sewer plans shall also be approved by the Montana Department of Environmental Quality (MDEQ). 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 for any phase until the plans and specifications for that phase have been approved and a pre-construction conference has been conducted. No building permits for any phase shall be issued prior to substantial completion and City of Bozeman acceptance of the water and sewer infrastructure improvements required for that phase. 12. The correct location of and proper distinction between existing and proposed sewer and water mains, fire hydrants, and all easements shall be clearly and accurately depicted on the infrastructure plans. DIAMOND ESTATES SUBDIVISION NO.2, PHASE I -liINDlNGS OIi Jo"ACT AND ORDER 8 . 13. Any easements required for water and sewer main extensions shall be a minimum of thirty (30) feet in width. At no time will the utility line in question be less than nine (9) feet from the edge of the easement or less than ten (10) feet from a parallel utility line. Utility easements will also be required for all meter pits and fire hydrants maintained by the City of Bozeman. All required easements shall be provided prior to final plat approval and included on the Plat. Easements for off.site improvements shall be provided to the City Engineer's Office prior to plans and specification approval. 14. In the event that water mains and/or sanitary sewer mains and manholes are located outside of public street right-of-ways, a twelve (12) foot wide all-weather access shall be constructed above the utilities to provide necessary access. 15. Plans and specifications for the public street improvements, including curb and gutter, sidewalk, and related storm drainage infrastructure improvements, prepared by a PE registered in the State of Montana shall be provided to and approved by the City Engineer's Office for each phase of development. 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 for any phase until the plans and specifications for that phase have been approved and a pre-construction conference has been conducted. No building permits for any phase shall be issued prior to substantial completion and City of Bozeman acceptance of the street infrastructure improvements required for that phase. 16. All public streets located within the subdivision shall be designed and constructed in accordance with City of Bozeman standards, including curb/gutter and sidewalk. Sidewalk shall be installed in conjunction with street construction unless otherwise approved by City Commission. If an alternate street width is proposed, it must be demonstrated that the design will accommodate two- way traffic, emergency vehicle access, and parking requirements for the subdivision. Ferguson Avenue shall be designed and constructed as a City of Bozeman standard two-lane collector with bike lanes on either side. Appropriate bike lane striping, symbols, and signage, as recommended by the Bozeman Area Bicycle Advisory Board, shall be reviewed and approved by the City Engineer's Office. 17. Ferguson Road must be renamed "Ferguson Avenue." All street names in each phase must be reviewed and approved by the City Engineer's Office prior to filing the final plat. 18. No direct access will be approved from individual lots located in Block 4 onto Durston Road. Direct access onto Durston Road from Block 1 will be permitted at a location no less than 150 feet west of Ferguson Avenue. 19. In accordance with the Greater Bozeman Area Transportation Master Plan, 2001 Update, local streets require a 60-foot wide right-of-way. 20. Durston Road, from North 19th Avenue west to approximately Fowler Avenue (extended) shall be improved to a minor arterial standard or financially guaranteed prior to filing the final plat for any future phase of this subdivision. If a special improvements district (SID) is the method used for financial guarantee, the SID must be approved by the City Commission and be ready for bond bid, per the Director of Finance, prior to building permits being issued. The need for improvements to Durston Road, from Fowler Avenue (extended) to the west boundary of the Diamond Estates Subdivision, will be reviewed through traffic studies of future phases of Diamond Estates Subdivision, and/or as other developments occur west of Fowler Avenue. DIAMOND ESTATES SUBDIVISION NO.2. PHASE I - FINDINGS OF FACT AND ORDER 9 . 21. Since construction activities related to this project will result in the disturbance of more than five (5) acres of natural ground, an erosion/sediment control plan may be required. The Montana Department of Environmental Quality (MDEQ) may need to be contacted by the applicant to determine if a Stormwater Discharge Permit is necessary. If a permit is required, the applicant shall demonstrate to the City Engineer's Office full permit compliance. 22. The Montana Department of Fish, Wildlife, and Parks, Soil Conservation Service, MDEQ, and Army Corps of Engineers shall be contacted regarding the proposed development. Any required permits (i.e., 310, 404, turbidity Exemption, etc.) shall be obtained by the applicant and copies provided to the City Engineer's Office prior to approval of the related plans and specifications and/or construction of the intended work. 23. That prior to submitting for final plat review and approval for said 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. 24. 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. 25. That water rights, or cash in-lieu thereof, shall be provided and paid for prior to final plat review and approval. If the final plat of the subdivision is filed in phases, water rights, or cash in-lieu thereof will only be required for each phase of the subdivision that is being filed. The applicant shall provide payment of the calculated cash-in-lieu of water rights based on an amount determined by the Director of Public Service. 26. Pedestrian crosswalk pavement markings and signs shall be installed on Durston Road at the intersection with Ferguson Avenue and Sanders Avenue. 27. That a one (1) foot wide "No Access" strip be delineated and noted accordingly on the final plat for all lots fronting or backing onto Durston Road prior to obtaining final plat approval. 28. That the developer submits a formal development plan signed by a certified landscape architect for the design of all dedicated parklands within said subdivision for review and approval by the Superintendent of Facilities and Lands and Bozeman Recreation and Parks Advisory Board. Details of plantings, species, topography, irrigation system, and any permanent park features shall be shown and discussed with the plan. Construction of the parkland improvements will be to City standards and must be completed with City oversight. A public parkland easement for the public park in future phases 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. 29. That prior to submitting for final plat review and approval, the applicant shall submit a master plan for development of the entire property depicting land use types, streets, dedicated parkland, stream corridors, and trail systems. DIAMOND ESTATES SUBDIVISION NO.2. PHASE I - FINDINGS OF FACT AND ORDER 10 ------ . , 30. That the final plat contain a notation stating that all downstream water user facilities will not be impacted by this subdivision and that it also be noted accordingly in the by-laws and protective covenants for the homeowners' association. 31. That the by-laws and protective covenants of the homeowners' association include language that defines the front and rear yards of each individual corner 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. 32. That all areas for the collection of stormwater 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, for review and approval by the Planning Office prior to final plat approval. 33. That the declaration of protective covenants and restrictions note a twenty-five (25) foot yard setback is required for all lots adjoining the arterial street Durston Road and that no accessory structures are permitted in said yard setback. 34. Per Section 16.]4.130 "Watercourse Setbacks" of the City of Bozeman Interim Subdivision Regulations, the tinal plat shall establish minimum thirty-five (35) foot stream setbacks, or larger from all 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. 35. 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 and including provisions for all appropriate certificates and language, certification from the City Engineer that as~bui1t 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 final plat, on a double sided, high density 3 Yz-inch floppy disk; and five (5) paper prints. 36. That the applicant obtain Montana Department of Environmental Quality approval of the subdivision prior to final plat approval pursuant to Sections] 6. ] 6. ] OJ through 16.16.805 A.R.M. 37. 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 thc preliminary plat as being party to the homeowners' association of Diamond Estates Subdivision, which shall be recorded and filed at the Gallatin County Clerk and Recorder's Office with the final plat for each phase. 38. 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 impacted by the development of said lands. 39. 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 DIAMOND ESTATES SlJBDlVISION NO.2. PHASE I - FINDINGS OF FACT AND ORDER 11 . , (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. 40. That the final plat contain the following language that is readily visible with bold lettering, at a minimum width of 1/4-inch, placing future landowners of individual lots on notice of the presence of high groundwater in the area of the subdivision for review and approval by the Planning Office: "Due to 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 I icensed in the State of Montana and qualified in the certification of residential and commercial construction." 4l. Prior to filing 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. 42. 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 the erosion control along all waterway channels for two (2) consecutive growing season after implementation of any stream enhancement activity. 43. 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. 44. 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 Office and Planning Office prior to final plat approval. 45. 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 ofthe 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 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 un shielded lights shall be permitted. No mercury vapor lights shall be permitted. Alley lights shall be fully shielded lights and controlled by motion detectors. Covenants of the development shall reflect these restrictions. For purposes of this paragraph, the following definitions shall apply: a) Fully shielded lights: Outdoor light fixtures shielded or constructed so that no light rays are emitted by the installed fixture at angles above the horizontal plane as certified by a photometric test expert; b) Indirect light: Direct light that has been reflected or has scattered off of other surfaces; DIAMOND ESTATES SUBDIVISION NO.2. PHASE I - FINDINGS OF FACT AND ORDER 12 _____.__n__ . "' ~ 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 manpmade device located outdoors that produces light by any means." 46. 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. 47. 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 in an Improvements Agreement with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval, 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. 48. 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 Phase 1. 49. That the applicant submits with the application for final plat review and approval of Diamond Estates Subdivision No.2, Phase I, a written narrative stating how each of the conditions of preliminary plat approval have been satisfactorily addressed. The preliminary approval ofthis subdivision shall be effective for three (3) years from the date of Preliminary Plat approval, or August 19, 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 (1) calendar year. However, preliminary approval may be extended for more than one (l) calendar if the developer enters into, and secures, an Improvements Agreement for the Subdivision. DA TED this 16th day of December ,2002. BOZEMAN CITY COMMISSION ATTEST: APPROVED AS TO FORM: ~?2liic~miSSion DIAMOND ESTATES SUBDIVISION NO.2. PHASE I - FINDINGS OF FACT AND ORDER 13