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HomeMy WebLinkAbout01- Delaney and Company at Spring Creek Village Subdivison . BEFORE THE BOZEMAN CITY COMMISSION IN THE MATTER OF THE APPLICATION OF FINDINf;S OF FACT DELANEY AND COMPANY, FOR PRELIMINARY AND OIU)E~ PLAT REVIEW OF SPRING CHEEK VILLAGE SlJBDIVISION, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA PURSUANT to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3- 614, Montana Codes Annotated, and the Bozeman Area Subdivision Regulations, a public meeting and public hearing were scheduled, after notice given, before the City of Bozeman Planning Boarel on December 21, 1999, and before the Bozeman City Commission on January 18, 2000, on the above-entitled application. The purpose of the public meeting and public hearing was to review the preliminary subdivision plat application of Spring Creek Village Minor Subdivision, a 5-lot minor subdivision, as submitted by the applicant, together with the required supplementary plans and information, to determine if the information submitted meets the requirements of the Bozernan Area Subdivision Regulations and the Montana Subdivision and Platting Act. It appeared to the City Commission that all parties and the public wishing to appear and comment before the City of Bozeman Planning Board were given the opportunity to do so, and as the City Commission was fully advised of all matters having come before it regarding this application, makes the following Findings of Fact, as required: FINDINGS OF FACT L The complete application for the preliminary subdivision plat review of Spring Creek Village Minor Subdivision was submitted to the City of Bozeman Department of Planning and Community Development on November 15, 1999. The preliminary subdivision plat, as proposed, will subdivide 1 J 6.6578 acres of land to create two (2) residential..office lots and three (3) business park lots. The 5-lot minor subdivision will be served by City of Bozeman water and sanitary sewer services, and will be accessed by two interior local subdivision streets, the extension of Fallon Street and construction of a new north/south street, Resort Drive. There is no dedicated park land proposed with this preliminary plat application. The applicant is requesting a variance to Section 16.12 of the Bozeman Subdivision Spring Creek Village Minor Subdivision. Findings of Fact and OJ'der 1 . Regulations to install public sidewalks along Fallon Street and Resort Drive with the development of each individual subdivision lot, rather than with the filing of the Final Pial. If. Notice of the public meeting before the City of Bozeman Planning Board and public hearing before the Bozeman City Commission was published in the Bozeman Daily Chronicle on December 5, 1999, and the notice was mailed by Certified mail, return receipt requested, to all adjoining property owners. 1lI The matter of preliminary subdivision plat review was heard before the City of Bozeman Planning Board on December 21, 1999. The Planning Staff reviewed the project at that time and discussed the proposed trail system, annexation to the City of Bozeman, establiShing municipal zoning, transportation system and street improvements, and request for variance to subdivision regulations. The Planning Staff further commented that as of the public meeting before the Planning Board on this matter that no public testimony was received by staff. Michael Delaney, applicant amI property owner, discllssed the proposed subdivision, the need for rezoning to establish a municipal designation, alternatives to sidewalk along Ferguson Avenue, and traffic signalization. Mr. Delaney stated that he objects to the recommendation that the develupcr participate in improvements to Cottonwood Road when the proposed minor subdivision docs not have frontage on the street. IV. The public meeting portion on this matter was opened, and after three calls for public testimony, amI hearing none, the public meeting portion on the Preliminary Plat application was closed. y. After finding that the Preliminary Plat was properly submitted and reviewed under tlte procedures of Section 16.08 of the Bozcman Area Subdivision Regulations and was in accordance with the Bozcman City Zoning Regulations and Bozeman Area Master Plan, the Planning Board reviewed and considered the review criteria established in Title 7.3~3-608, M.C.A., 1995. The Planning Board considered the recommended condi tions prepared by the Planning Staff Spring Creek Yillage MinlwSuhdivision - Findings of Fact and Ordcl' 2 and Development Review Committee, and discllssed the trail system, quit claim deeds for street right-of-way, and triggering device to link the signal ization atCottonwood Road and Ferguson Road with vehicular movements at Resort Drive. VI. The Planning Board fOllnd that with the attached conditions, mollifications to condition #2, #3 anLl #6, and the addition of conditions #24 (adequate trails/sidewalk pedestrian circulation) and #25 (timed signalization at Cottonwood Road and Ferguson Road with Resort Drive), the subdivision would comply with the primary review criteria, and therefore voted 4-0 to forward a recommendation of conditional approval to the Bozeman City Commission in Planning Resolution No. P-9934. VB. 'fhe matter was considered at a public hearing before the City Commission on Tuesday, January 18, 20nD. The Planning Staff reviewed the project at that time and forwarded the Planning Board's recommendation to the City Conunission. Mr. Delancy discussed the history of the proposed subdivision, the request for a variance on the timing of installation of sidewalks, and responded to questions from the City Commission regarding the need for curvilinear streets. VIII. The City Commission discLlssed with the Planning Staff and applicant the desire for a grid street system within the interior of the subdivision, exclusion of cui-dc-sacs, luminaire at Huffine Lane and Resort Drive, and the need fur a variance to the subdivisiun regulatiuns to install sidewalks with the development of each individual lot. IX. The public meeting portion un this matter was opened, and after three calls for public testimony, and hearing none, the public meeting portion on the Preliminary Plat application was closed. X. The City Commission considered the recommended conditions forwarded by the Planing Board ami discussed the elimination of curvilinear streets, straightening Resort Drive, and the Spring Creek Village Mimll' Subdivision - Findings of Fact and Ot'der 3 hardship that justified the granting of the variance. The Ci ty Commission also discussed the findings of the City Attorney's Office with regard to the City Commission approving of the Annexation Agreement and establishing municipal zoning prior to Final Plat approval, and whether the Commission must find that each of the variance criteria arc met before a variance may be granted. The City Commission further 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-J.-608, and found as follows: The five-lot minor subdivision complies with the Bozeman Area Master Plan, and is therefore exempt from review of the primary review criteria. However, said subdivision must be reviewed for the criteria listed in 76-3-608.3.b-u, M.C.A. regardless of compliance with master plan status. The City Commission then considered said criteria, and found as fullows: 76-3-608.3.h.M.C.A. (i) - Compliance with slIl'Vey l-clluircmcnts provided in Part 4 of the lVIontana Suhdivision and Platting Ad. The proposed minor subdivision ilppears to have complied with the survey requirelnents in Part 4 of the Montana Subdivision and Plalling Act based on the conditions outlined, and the applicable certificates and dedications of right-or-way provided on the preliminary plat, and will be filed in the Gallatin County Clerk & Recorder's Office with Final Plat review and approval by the City Commission. (ii) - Compliance with the local subdivision regulations provided for in Par't 5 of the Montana Subdivision and Platting Act. The proposed minor subdivision is in general compliance with the Bozernan Area Subdivision Rcgulations based on the recommended conditions provided by the Bozcman Development Review Committee and thc transfer of zoning authority to the Bozeman City Commission. (iii) - COlnpliance with the local subdivision review procedures. The application generally complies with the subdivision review procedures for a minor subdivision established in the Bozcnwn Area Subdivision Regulations. Based on the recommendation of the D.R.C. and othcr applicable review agencies, the City Planning Board has review the proposed minor subdivision at an informational public 111ecting on December 21, 1999, and forwarded a formal recommendation in a Rcsol ution to the Bozeman City Commission. The City Commission considered the application, along with the request for a variance to the subdivision regulations, at their regular scheduled meeting at 7:00 p.nl., January 18, 2000. 76-3M608.3.c. M.C.A. (c) - Provision for casements for the location and installation of any planned utilities. Appropriate eaSCll1Cnts and statements of right to joint use of an cascment shall be Spring Creek Village Minot' Suhdh'ision . I<'illdings or Fact and Order 4 ---------...----- indicated on the Final Plat, and the appropriate certificate on the plat grants the usc of the easements to the necessary entities. The 12-foot easement proposed along the frontage of each lot shall be delineated on the plat and noted accordingly. The Development Review Committee recommended a condition of Preliminary Plat , approval that required thc applicant to clearly identify all thirty (30) foot wide utility easements on the Final Plat for sewer and watcr main extensions and sixty (60) foot wide acccss easement for the extension of Fallon Street to the west. All new utilities (i.e., electricity, gas, telephonc, cable) will be installed underground. 76-3-608.3.d. M.C.A. (d) - Provisions of legal and physical nccess to each parcel. Legal and physical access to this application for Preliminary Plat review will occur from Huffine Lane, Ferguson Road, and Cottonwood Road via an interior local subdivision street system ((:"'allon Street and Resort Drive) constructed to a City standard street within a 6(}.foot dedicated public right-or-way. The City Engineer's Office has stipulated that 110 direct access onto Illlffine Lane, exc.:lllsive of any M.D.O.T. access permits, will occur from the individual commercial lots. As a result, direct access to each individual business park/residential office lots will be attaincd by the interior public street. XI. 1'he City Commission then considered said criteria that must be reviewed for consideration of a variance to the Bozeman Area Subdivision Regulations, as listed in 70-3-506, M.C.A., and found as follows: 1. The granting of the variance will not be detrimental to the puhlic health, safety, or general welfare, or be in iurious to other ad ioinil1l! properlies. Sidewalks that are allowed to be installeo as lots develop, are gcnerally installed a piece at a time, with large gaps between connecting sidewalks. In this instance, there are no sidewalks to connect to. The deferral of construction until lots are constructed on or unti I they are further subdivided would not be detrimental to the public health, safety or general welfare, nor would it be injUrious to other adjoining properties. 2. llccause oUhe particular uhvsical sun:oundinl!s, shape or tOl!Qgraphy conditions Oft~IC spedfh.' Ilropertv involved, an undue hardship to the oWller wOl!ld result if strict interpretation of these negulations is enforced. The presence of the existing ditch along Ferguson Road would cause an undue hardship to the owner if the sidewalks were required to be installed due [0 the topographical conditions of the property and should not be installed until the development of each adjoining indiv idual lot occurs. 3. The_yariance will1wt cause a suhstantial increase in public costs. With the exception of Ferguson Road, a designated collector, all interior subdivision streets mllst be constructed prior to issuance of a building permit to proceed with construction of a project on each of the individualluts, and may be financially guaranteed with the final plat fur the subdivision for up to four years. This would include the construction of public sidewalks as part of the street improvements. As Ferguson Road is already constructed to a City standard along the east side (i.e, curb, glitter and sidewalk) it is appropriate to cOlllplete the installation of public sidewalks along the west sjde with this subdivision. Thus, avoiding any area-wide special improvements district or other financialmcchanisillms to Spring Creek Village Minor Suhdivi:;ion -Findings of Fact and Order 5 . complete the installation of sidewalks 4. The variance will not. in any nHlIlnel" place the subdivision in nonc(H1f()nnan(~c with any adopled zoning regulations or comprehensive plan. The granting of the variance would not place the subdivision in nonconformance with the zoning ordinance or cornprehensive plan. ORDER IT IS HEREBY ORDERED that the Preliminary Subdivision Plat to create two (2) residential-office lots and three (3) business park lots as a rive-lot minor subdivision, has been found to 111eet the primary criteria of the Montana Subdivision ane! Platting Act, and is therefore approved, subject tLl the conditions listed below. The evidence thatjustiries the conditions is to ensure that the Final Plat complies with all regulations, that all review criteria are positively addressed, adequate infrastructure and public services are provided, and adequate transportation facilities are available. 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 prucedures of Section 76-3-625, M.C.A. 1 An annexation agreement must be signed by the property owner(s) and approved by the City Commission, and a Resolution of Annexation of the subject property passed by the City Commission, prior to submittal of the plans and specifications for the infrastructure improvements to the City Engineering Department. 2. The applicant shall provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of S.LD.'s for the following: a. Signalization of Cottonwood Road and Huffine Lane. b. Arterial Street improvements to Cottonwood Road from Huffine Lane to Durston Road incl uding pav ing, curb and gutter, sidewalk and stonn drai nage facili ties based on a fair share participation. c. Street improvements to Resort Drive including paving, curb and guller, sidewalk and storm drainage facilities. d. Water and sewer main extensions in Resort Drive. The document filed shall specify state that in the event S.LD.'s are not utilized fur the completion of these improvements, the developer agrees to participate in an alternate financing method for 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. Building permits for Lot 1 will not be issued until the following improvemcnts me installed and accepted by the City: I) the existing open ditch adjacent to Ferguson Avenue and located in the future public right of way (R/W) is moved out of the R/W or replaced by a pipe, 2) Fallon Street is constructed to a full City standard i.e., 37 feet from back of curb to back of Spring Crecl<VilIage MinorSubdivision . Findings of Fact and Order 6 . curb, from Fcrguson Avenue to Cottonwood Road complete with city standard boulevard sidewalks (unless a variance for thc sidewalks is granted by the City Commission) 3) the 12 inch water Inain in Fallon Street is extended from Ferguson Avenue to Cottonwood Road 4) the sewer main in Fallon is extended from it's terminus near Ferguson Avenue to Cottonwood Road, 5) curb and gutter are constructed along Ferguson A venue adjacent to the subdivision and 6) sidewalk improvements are installed along Ferguson Avenue (unless a variance for the sidcwalks is granted by the City Commission), or an alternative pcdestrian systcm as approved by the D.R.C. and trails committee of the Bozeman Recreation and Parks Advisory Board. 4. The final plat for this subdivisionl11ust include languagc which clearly states the following: Building permits for Lots 2,3,4 and 5 may not be issued until further P.U.D. or Subdivision rcview has taken place or until all subdivision infrastructure including City Standard public streets, sidewalk (or alternative combined trails/sidewalk system), stonTIwater facilities and watcr and scwer mains have been constructed and accepted by the City. 5. Prior to approval of the final plat for this subdivision, the owner shall provide to tbe City fully executed Quit Claim Deeds (or other suitable instruments of transfer acceptable to the City) for the right of way needed for thc east half (50 feet) of Ferguson Avcnue between Huffine Lane and West Babcock Street and for the south half (45 feet) of West Babcock Street from the center Y4 corner of section 10, T. 2 S. R 5 E. to the east property line of Subdivision No. 261 (formerly known as Crescent Valley). 6. All subdivision infrastructure including water and sewer main extensions, public streets, curb and gutter, sidewalks and related storm drainage infrastructure improvements shall be constructed or financially guaranteed prior to final plat npproval. No building permits will he issued prior to installation and city acceptance of the infrastructure required for each "phase" of development as detailed in these conditions. 7. A detailed Storm water Management Plan [or the subdivision for a system designcd to rcmove solids, silt, oils, grease, and other pollutants from the runoff from the private ami public strects and all lots must be provided to and approved by the City Engineer. The plan must depict the maximum sized retention/detention basin location, and locate and provide easements for adequate drainage ways within the subdivision to transportrunoff to the storl11water receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin sites, drainage ways, and lot finished grades), typical storm water rctention/detention basin and discharge structure details, basin sizing calculations, and a stormwater maintenance plan. Any stormwater ponds located within park or open space shall be designed and constructed so as to be conducive to the normal use and maintenance of the park or open space. Storm water ponds shall not be located on private lots. Detailed review of the final grading and drainage plan and approval by the City Engineer will be required as part of the infrastructure plan and specification review process. 8. The existing open ditch adjacent to Ferguson A venue and located in the public right of way (R/W) shall either be moved out of the R/W or be replaced by a pipe. If replaced by a pipe, plans and specifications for the improvement shall be included with the infrastructure plans and specifications for Lot 1. 9. The location, size and distinction between existing and proposed sewer and water mains and all easements shall be clearly and accurately depicted. All nearby fire hydrants and proposed fire hydrants shall be clearly and accurately depicted on the improvement drawings. Please note that the existing water main in West Babcock Street is a 12 inch main. 10. All watcr main extensions of more than 500 reet rcquired for the subdivision shall be fully Spring Cre(~k Village Minur Suhdivisiun . Findings of Fact and Ol'del. 7 . looped. Water and sewcr mains shall be extended to the subdivision property line(s) to adequately accommodate future extensions and/or loopin~. 11. Plans, Specifications and a comprehensive utilities design report for water and sewer main extensions, prepared and signed by a Professional Engineer (PE) registered in the State of Montana shall be providcd 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 he initiated on the public infrastructure impl"C)Vements 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 il<TCptance of t1l(~ required watt~r and sewer infrastruttUl"e improvements as described in the conditions approval. 12. Any eascments needed 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 less than 10 feet fro111 the edge of the easement. All necessary easements shall be provided prior to final plat approval and shall be shown 011 the plat. Wherever water and/or sewer mains arc not located under improved streets, a 12 foot wide all weather access drive shall be constructed above the utilities to provide necessary access. 13. '['he name of Fcrguson Road shall be changed to Perguson A venue on the final plat. 14. The applicant shall dedicate to the City one..half of a 100 fuot right-of-way (50 feet) locatcd on the subject property for ferguson Avenue. The note on the preliminary plat submitted which states that an easement is to bc provided for this right-of-way shall be deleted. 15. A one foot no access strip shall be provided along I-Iuffine Lane except for those locations where the Montana Department ofTransportatiol1 (MDT) has issued access pennits. Copies of access permits from MIYf for those proposed accesses off of Huffine shall be provided prior final plat submittal or submittal of plans and specifications for the construction of the accesses, whichever comes rirst. 16. The three "Future Access Road" locations on Ferguson Avenue may not be shown or dedicated on the preliminary or final plat. All accesscs to the subdivision from ferguson Avenue shall be subject to city approval during future site development review. No direct access to lots from ferguson Avenue within 200 feet of Huffine will be permitted. 17. Fallon Street shall be constructed to a full City standard, i.e., 37 feet from back of curb to back of curb from Ferguson Avenue to Cottonwood Road as part of the subdivision improvements. An easement for the portion of the street located off the subject property must be provided to the City prior to initiation of construction of thc strect. Unless a variance is granted by the City Commission, pursuant to Section 16.l4Jl40 of the subdivision code sidewalks along Fallon Street and Resort Drive shall be installed at the time of the installation of the street improvements. Pavement and curb and gutter shall be installed along Ferguson Avenue as part of the subdivision improvements. The finished width of the Avenue shall be 40 feet measured from back of curb to back of curb. Pursuant to Section 16.14.040 of the subdivision code, sidewalks along ferguson Avenue shall be installed at the time of the installation of the street improvements unless a variance is granted by the City Commission. Plans and specifications for the public streets required for each "phase" of the development, including curb, gutter and sidewalk and related storm drainage infrastructure improvements, prepared by a Professional Engineer (P.E.) registered in the state of Montana shall be Spdng Creek Village Minor Subdivision " l~indings of Fuct and Order 8 . provided to and approved by the City Engineer prior to initiation of construction. The applicant shall also provide Professiunal engineering services for construction inspection, post-construction certification and preparation of mylar record drawings. Constwction shall not be initiated on the public street until the plans and specifications have been approved by the City Engincer and a pre-construction conference has been conducted. No building permits shall he issued prior to substantial completion and City acccptance of the required strcet, curb nud gutter, sidewall, and stonmvater infrastructure improvements. 18. A luminaire shall bc installed at the intersection of Resort Drivc and Burfine Lane. 19. If construction activities related to the project result in the disturbance of more that 5 acres of natural ground, an erosion/sediment control plan may be required. The Montana Department of Environmental Quality may need to be contacted by the Applicant to determine if a Stonnwater Discharge Permit is nccessary. If a pcrmit is requircd by the State, the Developer shall demonstrate to the City full pennit compliance. 20. Any permits required by other agencies having jurisdiction (i.e. 310, 404, Turbidity exemption, etc.) shall be obtained by the applicant and copies provided to the Planning Office prior to approval of the related plans and specifications or construction of the intended work. 21. The existing utility easement on tract 1 of CO.S. 1846 shall be properly depicted. 22. Water rights, or cash in-lieu thereof, shall be paid for Lot 1 prior to final plat approval. Water rights, or cash in-lieu thereof, shall be paid for the other lots as they are further subdivided or developed. 23. That the Final Plat shall comply with Section 16.10.0.30 of tile Bozeman Area Subdivision Regulations, and shall include all applicable documents, certificates, and be accompanied by all appropriate documents, including a Platting Certificate. Two mylar and two c10thback copies of the Final Plat must be submitted for Final Plat approval, along with a digital copy of the Final Plat, on a double sided, high density 3 112" floppy disk. 24. That the applicant obtain Montana Department of Environmental Quality approval of the subdivision prior to r!inal Plat approval pursuant to Section Hi.l6.IOl through 16.16.805 A.R.M.. 25. That the applicant obtain written approval from the Bozeman Recreation and Parks Advisory Board regarding the design and location of the linear park/trail easement, that the proposed trail easement continue along the Ferguson Road frontage, south to the intersection with Huffine Lane, and along the entire frontage of lluffine Lane, and that it be noted accordingly on the plat prior to final plat review and approval. 26. That the Annexation Agreement be signed by the property owner(s) and approved by the City Commission, and that the zone map amendment necessary to transfer the zoning application and obtain a final zoning designation, through final adoption by ordinance, consistent with the anticipated zoning upon which this application is evaluated prior to submitting an application for Final Plat review and approval of the minor subdivision. 27. That the applicant provide with the application for Final Plat review and approval a copy of a signed Mernorandum of Undcrstanding with the Gallatin County Weed Control District. 28. That the applicant execute and file with lhe final plat a waiver of right-to. protest creation of a city-wide park maintenance district for review and approval by the City of Bozeman for maintenance and upkeep of dedicated park land and trail systenl prior to Final Plat approval. Spring Creek Village MinlH' Subdivision - Findings of Fuel and Onlcr 9 , ~ 29. That the final plat contain a "No Building" restriction 011 Lot #2, #3, #4, and 4/5 until all required strcet and infrastructure improvements, as required by the City of Bozeman, havc been installed, certified, inspected, and accepted by the City of Bozeman. 30. That the applicant clarify the discrepancy betwecn item #1 and #4 of said notes provided on the preliminary plat regarding further subdivision as a P.U.D. 31. Thirty (30) days prior to submitting for Final Plat review and approval, the applicant shall submit to the Planning Office for review and approval a preliminary draft of declaration of by-laws, including protective covenants and restrictions, for creation of a property owner's association addressing membership, use of common areas and public trail easements, and all other applicable covenants and restrictions outlined in Section 16.34 of the subdivision regulations. 32. The final plat shall providc public utility eascments along side and rear lots lines as required by the subdivision regulations. However, in the event front yard easements are used, rear yard easements must still be provided on the plat unless written confirmation is submitted to thc Planning Office from all utility companies indicating that front yard easements are adequate. The easement note required in Section 16.14.050 of the subdivision regulations shall be provided on the final plat. 33. Should the applicant propose to relocate the open ditch along Ferguson Road outside of the right-of-way of the public street the final plat shall contain a drainage easement of adequate width, in addition to the required yard setback established by the zoning ordinance, to accommodate the relocation of the storm water ditch. 34. 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. 35. 'l'hat the developer shall enter in an Improvements Agrcement with the City of Bozeman guaranteeing the completion of all improvements in accordance with tbe Preliminary Plat submittal information and conditions of approval. If the Final Plat is filed prior to installation of all improvements, tbe devc:1oper shall supply the City of Bozeman with an acceptable method of security equal to one hundred fifty (150) percent of tbe cost of tbe remaining improvements. 36. That the subdivision plat straighten the alignment of Resort Drive to a true north/south alignment, along with tbe appropriate dedicated right-or-way, for review and approval by the City Engineer's Office and Planning Staff, prior to submitting an application for final plat review. 37. That the applicant submit with tbe application for Final Plat review and approval of SIHing Creek Village Minor Subdivision, a written narrative stating how each of the conditions of Preliminary Plat approval has been satisfactorily addressed. 38. That the applicant may submit for consideration an alternative proposal to City standard sidewalks a combined trails/sidewalk system as an adequate pedestrian circulation system for the proposed development along Ferguson Road, for review and approval by the Development ReView Committee and trails committee of the Bozeman H.ecreation and Parks Advisory Board. 39. That the developer shall have three (3) years from the date of Preliminary Plat approval to cornplete the conditions of preliminary plat approval and apply for Final Plat approval. At the end of this period the governing body may, at the written request of the subdivider, extend its approval for no more than one (I) calendar year, as outlined in Section 16.1 0.050.1 of the subdivision regulations. Spring Creck Villagc Minur Suhdivision - Findings or Fact and Ordcr 10 . . .. Thc preliminary approval of this subdivision shall be effective for thrce (3) years from the date of Prcliminary Plat approval, January J 8,2003. At thc end of this period tile City Commission may, at the requcst of thc subdivider, extend its approval for not more than one (1) calcndar year. However, preliminary approval may be extcnded for more than one (I) calendar year if the developer enters into, and secures, an Improvcments Agreement for the Subdivision. 2001 DATED this -30th day of July , i! €l€l€l. BOZEMAN CITY COMMISSION ~fJ~ Marcia B. Youngman, Mayor AT'TEST: APPROVED AS TO FORM: ~y~- Robin Sullivan, Clerk of the Comlllission Spring Creek Village Minor Suhdivision . l<'indings of Fact and Order 11 l