HomeMy WebLinkAbout01- Delaney and Company at Spring Creek Village Subdivison
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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
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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
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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
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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
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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
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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
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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
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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
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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
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