HomeMy WebLinkAbout98- David Jarrett at Allison Phase 1 Minor Subdivision
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Allison Phase I Minor Subdivision Preliminary Plat
BEFORE THE BOZEMAN CITY COMMISSION
CITY OF BOZEMAN, MONTANA
IN THE MATTER OF THE APPLICATION OF FINDINGS OF FACT
DAVID JARRETT FOR PRELIMINARY SUBDIVISION
PLA T APPROV AL OF THE ALLISON PHASE I AND ORDER
MINOR SUBDIVISION
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, the
Bozeman City Commission reviewed the proposed Preliminary Subdivision Plat for the
Allison Phase I Minor Subdivision to further divide a 112.21 acre tract into five lots for
residential uses plus a remainder, as submitted by the applicant, together with the required
supplementary plans and information, to determine if the information submitted meets the
requirements of the Bozeman Area Subdivision Regulations and the Montana Subdivision and
Platting Act. The City Commission also considered the recommendation of the Bozeman
City-County Planning Board concerning the application.
It appeared to the City Commission that all parties and the public wishing to appear
and comment before the Bozeman City-County Planning Board 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 application for the Allison Phase I Minor Subdivision was made on August 28,
1998. The application will divide a 112.21 acre tract into five lots for residential uses plus a
remainder. Lot 2 will be 8,498 square feet in size, Lot 3 will be 7,891 square feet in size, Lot 4
will be 8,844 square feet in size, Lot 5 will be 8,504 square feet, and finally Lot 6 will be 8,280
square feet in size. The remainder tract (Lot 1 on the Preliminary Plat) will be 110.92 acres in
SIZe.
This application was considered the second minor subdivision from a tract of record
(C.O.S. 252) because the Morning Star School site was created in 1990 through Minor
Subdivision No. 84. In addition to the creation of the Morning Star School site, Minor
Subdivision No. 84 also dedicated 422 feet of right.of-way to extend Arnold Street to the west.
Except for Morning Star School, the subject property is currently vacant.
II.
After finding the application was properly submitted and reviewed under the
procedures of the Bozeman Area Subdivision Regulations, a meeting was scheduled before the
Findings of Fact and Order Page 1
Allison Phase I Minor Subdivision Preliminary Plat
Bozeman City-County Planning Board for Tuesday, October 6, 1998 and before the Bozeman
City Commission on Monday, October 19, 1998. Notice of the City Commission agenda, as
well as the Planning Board agenda, was published in the Bozeman Daily Chronicle on Sunday,
September 20, 1998.
III.
A public hearing for this application was held before the Bozeman City-County
Planning Board at their regular meeting on October 6, 1998. The Staff Report to the Planning
Board advised the Board that the Development Review Committee had recommended 29
conditions of approval. The applicant was present and provided a brief overview of the
project.
Three members of the public were present to comment on the application. The public
expressed concern about the ground water and soils analysis data, snow storage, the
composition and location of fill on the lots, drainage and the proposed improved drainage
pond, nearby wetlands, wildlife, and the safety of children attending Morning Star School.
After the public hearing was closed, and the discussion was brought back to the Board,
several members of the Board expressed concern about the improved drainage pond, snow
storage, impacts on nearby wetlands, the water table, and the fill placed on the site.
After finding that the application complied with the required criteria established in
Title 76-3-608, M.C.A. for the review of preliminary subdivision plats, the Board, on a vote of
8~1, forwarded the application to the Bozeman City Commission with a recommendation of
conditional approval. The Board voted to amend condition #18 of the Staff Report by
revising the second sentence of the second paragraph to read as follows: "A Geotechnical
Investigation Report shall be prepared for the entire site (future roadways, building lots and
drainage pond.area) by a Professional Engineer registered in the State of Montana and shall be
submitted to and approved by the City Engineer." The Board also voted to add the following
new sentence onto the second paragraph of condition #18: "The report shall also evaluate the
off-site impact(s), of the water table upon adjacent properties, caused by this project's impact
on the water table." Finally, the Board voted to grant a partial waiver from the
environmental assessment requirements.
IV.
The application was considered by the Bozeman City Commission at their regular
meeting on October 19, 1998. Staff provided a brief overview of the project and of the issues
related to the project. Staff also summarized a memo from the Planning Office dated October
19, 1998. The memo addressed concerns related to the high water table, wetlands, and noise
from de-watering equipment that the Commission had expressed during the City Commission
Findings of Fact and Order Page 2
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Allison Phase I Minor Subdivision Preliminary Plat
work session on October 12, 1998. The memo recommended possible new language the
Commission could add to the conditions of approval to address these concerns.
The developer was present at the City Commission meeting and made himself
available for questions from the Commission. The developer distributed to the Commission a
letter from the Army Corps Engineers that indicates that the wetlands delineation for the site
"is acceptable as mapped on the map provided." Otherwise, the developer was in agreement
with the conditions recommended by the Planning Board and by staff.
As this subdivision is proposed in an area where a Master Plan has been adopted, and is
the second minor subdivision from a tract of record, the subdivision is subject to the primary
review criteria listed in Section 76-3-608(3a), MCA, 1995. The Commission weighed the
proposed subdivision against the applicable review criteria established by Statute, and found as
follows:
A. Effects on Agriculture - The further subdivision of the subject property should result in
few, if any, negative impacts on agriculture. The viability of the site for agricultural uses is
marginal for several reasons. First, the subject property has been annexed to the City of
Bozeman, and has had an urban zoning designation, for a considerable amount of time.
Second, the site is largely surrounded by urban residential development.
B. Effects on Local Services - Because only five new residential lots are being created at this
time, the impacts upon local services such as garbage collection and disposal, police and fire
protection, library facilities, tree maintenance and animal control should be minimal. A new
cul-de-sac will be installed that is approximately 210 feet in length. However, the demand for
street maintenance and snow plowing generated by this proposal should be minimal. The
Streets and Sanitation Superintendent had no comments regarding this proposal. This
proposal will only result in five new water and sewer connections with few impacts. Finally,
this development could be expected to generate an average of 8.5 school students. There is a
elementary school right across the street from the subject site, and a middle school in close
prOXimity.
To address the impacts this proposal may have on parks, the developer must sign and file a
Waiver of Right to Protest the Creation of a City-wide Park Maintenance District(s).
C. Effects on the Natural Environment - The site is characterized by several environmental
conditions including wetlands, floodplain, an intermittent stream, fill soil and a high water
table. The Bozeman Area Subdivision Regulations do contain a provision regarding land
unsuitable for subdivision, which reads as follows:
Any land which the appropriate Governing Body has found to be unsuitable for
subdivision because of potential hazards such as flooding, land slides, excessive slope,
rock falls, snow avalanches, subsidence, high water table, polluted or non-potable
water; or because of unreasonable burdens on the general public such as requirements
for the excessive expenditure of public funds, environmental degradation, and
congestion in the streets, shall not be subdivided for building or residential purposes
unless the hazards or excessive public burdens are eliminated or will be overcome by
approved design and construction plans. In the unincorporated area, slopes in excess
of 25 percent shall be presumed un-buildable unless otherwise provided by the
developer.
In response to this provision, a copy of the Preliminary Plat was forwarded to the Natural
Resources Conservation Service (NRCS) and Fish, Wildlife and Parks (FWP) for their review
Findings of Fact and Order Page 3
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Allison Phase I Minor Subdivision Preliminary Plat
and approval. The developer has already retained a wetlands consultant to delineate the
wetlands on the site. Proposed Lots 2 through 6 will not encroach into the delineated
wetlands at all; the delineated wetlands will be contained on the remainder. One of the
conditions requires that the developer provide the Planning Office with copies of any Section
404 permits required, or with written verification from the Army Corps of Engineers that a
404 permit is not required, prior to commencement of work on the site.
An official floodplain/floodway delineation study has been performed on the floodplain on
the subject property, and the floodplain is shown on the FEMA floodplain maps for the City
of Bozeman. The Preliminary Plat shows this delineated floodplain, and proposed Lots 2
through 6 do not encroach into the floodplain; the floodplain is contained on the remainder.
To address the floodplain issues, the following condition has been imposed: The full extent of
the floodplain on the subject property shall be surveyed, and shown on the plans and
specifications for infrastructure improvements. If any part of proposed Lots 2 through 6 will
lie within the 100-year floodplain, the Final Plat shall contain a note that appropriate
floodplain development permits must be obtained from the City Engineers Office prior to
construction of any new structures.
There is an intermittent stream that crosses the subject property from the south towards the
north. The stream is located in the same area as the wetlands and floodplain. Per the
Subdivision Regulations, a thirty-five (35) foot watercourse setback must be provided along
the stream.
According to high water table maps, based on information from the NRCS, the water table
on the subject site is 1 ~ to 3 feet below the surface. Therefore, following condition has been
imposed: "Due to the extremely high groundwater table in the area, basements are not
recommended. If basements are proposed, only daylight basements may be constructed after
consulting a professional engineer." If the groundwater table is found to be of an average
depth for the area, the final plat shall contain a note with the following language: "Due to
relatively high groundwater table within the area of the subdivision, it is not recommended
that full basements be constructed without first consulting a professional engineer. "
The site has been extensively filled over time which may have resulted in unstable soils that
are unsuitable for development. Therefore, the DRC recommends a condition requiring a
compaction report if the site contains fill in excess of twelve (12) inches. The compaction
report must be prepared by a Professional Engineer who is registered in the State of Montana.
The report must satisfy Building Code and Building Department requirements, and must be
submitted to the Chief Building Official for review and approval prior to the issuance of any
building permits for this subdivision.
If construction activities related to the project 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, Water Quality Bureau, shall be contacted by the
applicant to determine if a Storm Water Discharge Permit is necessary. If required by the
DEQ, an erosion/sediment control plan shall be prepared for disturbed areas of five (5) acres
or less if the point of discharge is less then 100 feet from State Waters.
Finally, The Montana Department of Fish, Wildlife and Parks, the Natural Resources
Conservation Service, the Montana Department of Health and Environmental Sciences, and
the Army Corps of Engineers shall be contacted regarding the proposed project and any
required permits (i.e., 310, 404, Turbidity exemption, etc.).
D. Effects on Wildlife and Wildlife Habitat. Because the subject site is largely surrounded
by residential urban development, the site's potential to provide high quality wildlife habitat
is negligible. This Preliminary Plat application was forwarded to the Montana Department of
Fish, Wildlife and Parks for their review and comments. No comments have been received to
date.
Findings of Fact and Order Page 4
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Allison Phase I Minor Subdivision Preliminary Plat
E. Effects on the Public Health and Safety. Development in the floodplain on the subject
property presents a possible threat to public health and safety. However, the five new
proposed residential lots will not encroach into the floodplain.
F. Compliance with Survey Requirements Provided for in Part 4 of the Montana
Subdivision and Platting Act. The plat complies with the survey requirements.
G. Compliance with Bozeman Area Subdivision Regulations . With conditions and
requirements, the subdivision will comply with the Bozeman Area Subdivision Regulations.
As with all Final Plats, a Platting Certificate must be submitted with the Final Plat. Two
clothback (or an acceptable equivalent), two mylar and one digital copy of the Final Plat must
be provided with the Final Plat application.
H. Compliance with the Required Subdivision Review Procedures . The application
complies with the subdivision review procedures.
I. Provision of Easements for the Location and Installation of Any Planned Utilities.
Currently, no utility easements are shown for the proposed lots. On the Final Plat, all
existing utility and other easements must be shown on the plan. A public utility easement
shall be provided along the side and rear lot lines of each lot. Rear and side yard utility
easements shall be twenty (20) feet wide and centered on lot lines. In the event front yard
easements are used, rear yard easements shall still be provided unless written confirmation is
submitted to the planning department from all utility companies indicating that front yard
easements.only are adequate. Front yard utility easements shall be twelve (12) feet wide.
A drainage easement on the remainder tract must be provided for the proposed improved
drainage pond.
J. Provision of Legal and Physical Access to Each Parcel . All five of the proposed new
residential lots will gain access from a new cul-de-sac which will be dedicated to the public. A
one foot a "No Access" strip must be shown on the Final Plat to prevent direct access to
proposed Lots 2 and 6 from Arnold Street.
V.
After considering all matters of record presented at the public hearing and meeting, the
Commission found that the proposed preliminary plat for the Allison Phase I Minor
Subdivision would comply with the requirements of the Bozeman Area Subdivision
Regulations and the Montana Subdivision and Platting Act. The evidence, as stated or
referenced in the Findings of Fact, justifies the conditions ordered herein for this subdivision
to ensure that the final plat complies with all regulations; that the new lots are properly
numbered; that proposed Lots 2 and 6 are of adequate width to accommodate a front yard
setback and a corner sideyard setback; that the necessary permits are obtained from state and
federal agencies; that direct access from proposed Lots 2 and 6 onto Arnold Street is
prevented; that water, sewer and street infrastructure is properly designed and installed; that
adequate water and sewer system capacity exists to service this development; that the
environmental conditions on the site are addressed and are not detrimental to the health,
safety and welfare of the public; that public trails are provided; and that noises emanating
from the site during development shall not adversely impact adjoining properties.
Findings of Fact and Order Page 5
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Allison Phase I Minor Subdivision Preliminary Plat
ORDER
THEREFORE, IT IS HEREBY ORDERED, on a vote of 4-0, that the subject
subdivision be approved, subject to the conditions listed below. 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 final subdivision plat shall conform to all requirements of the Bozeman Area
Subdivision Regulations and the Uniform Standards for Final Subdivision Plats, and be
accompanied by all appropriate documents, including covenants, certification by the State
Department of Environmental Quality approving the plans and specifications for water or
sanitary facilities, certification from the City's Engineer certifying that as-built drawings
for public improvements were received, a platting certificate, and all required and
corrected certificates. Two clothback (or equivalent) and mylar (or equivalent) 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~-inch floppy disk.
2. The Montana Fish, Wildlife and Parks, Natural Resources Conservation Service, Montana
Department of Health and Environmental Sciences, and the Army Corps of Engineer's
shall be contacted regarding the proposed project and any required permits. 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.
Prior to commencement of any work on the site, the developer shall provide the Planning
Office with a copy of a Section 404 permit from the Army Corps of Engineers, or shall
provide written notification that a 404 permit is not needed.
3. On the final plat, the lots shall be re-numbered so that the lots proposed along Morning
Star Way are Lots 1 through 5, and the remainder shall be labeled as such.
4. On the final plat, Lots 2 and 6 are corner lots and shall be of a sufficient width to provide a
twenty-five (25) foot front yard setback along Morning Star Way and a twenty-five (25)
foot corner side yard setback along Arnold Street.
5. The final plat shall show appropriate public utility easements (PUEs). The PUEs shall be
centered along side and rear lot lines whenever possible and, if placed in the street or road,
shall be located in a location required by and agreed upon in writing by all the appropriate
utility companies and the City of Bozeman.
Rear and side yard utility easements shall be twenty (20) feet wide, centered on lot lines
and front yard utility easements shall be twelve (12) feet wide, except the appropriate
governing body may require easements for sanitary sewer, storm sewer, and water lines to
be thirty (30) feet wide. In the event front yard easements are used, rear yard easements
must still be provided unless written confirmation is submitted to the Planning Office
from ALL utility companies indicating that front yard easements only are adequate.
6. The final plat shall contain the appropriate right of access statement.
7. A drainage easement shall be provided on the remainder tract for the improved drainage
pond.
8. If the site contains fill in excess of twelve (12) inches, a compaction report shall be
prepared by a Professional Engineer (PE) who is registered in the State of Montana. This
report shall satisfy Building Code and Building Department requirements, and shall be
submitted to the Chief Building Official for review and approval prior to issuance of any
building permits for this subdivision.
Findings of Fact and Order Page 6
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Allison Phase I Minor Subdivision Preliminary Plat
9. The full extent of the floodplain on the subject property shall be surveyed and shown on
the plans and specifications for infrastructure improvements. If any part of proposed Lots
2 through 6 lie within the 100-year floodplain, the final plat shall contain a note that
appropriate floodplain development permits must be obtained from the City Engineer's
Office prior to construction of any new structures.
10. Prior to final plat approval, the applicant shall sign and file with the final subdivision plat,
a waiver of right to protest the creation of a city-wide park maintenance district(s).
11. Prior to final plat approval, the developer shall ensure that all construction and other
debris is removed from the subdivision.
12. The proposed cul-de-sac shall be signed "No Parking" with signs that comply with the
Manual of Uniform Traffic Control Devices (MUTCD) standards and are approved by the
City Sign Department. The sign(s) shall be installed or financially guaranteed prior to
final plat approval.
13. On the final plat, a one foot "No Access" strip shall be provided between proposed Lots 2
and 6 and Arnold Street to prevent direct access to these lots from Arnold Street.
14. Prior to final plat approval, street and stop signs shall be placed at the intersection of
Morning Star Way and Arnold Street as part of the required improvements. The street
signs shall conform with the standards outlined in the Bozeman Area Subdivision
Regulations.
15. The final plat shall contain the correct certificate language as found in the Bozeman Area
Subdivision Regulations.
16. Prior to final plat approval, the developer shall have the name of the proposed street
reviewed and approved by the City Engineer and the County Road Office to ensure that is
does not duplicate the name of another existing street in the Bozeman area.
17. Plans and specifications for any water, sewer and/or storm sewer main extensions, and
public or private streets (including curb, gutter & sidewalks) prepared and signed by a
Professional Engineer (FE) shall be provided to and approved by the City Engineer.
Water and sewer plans shall also be approved by the Montana Department of
Environmental Quality (DEQ). The applicant shall also provide Professional Engineering
services for construction inspection, post-construction certification, and preparation of
mylar record drawings. Specific comments regarding the existing and proposed
infrastructure shall be provided at that time. Construction shall not be initiated on the
public infrastructure improvements until the plans and specifications have been
approved and a pre-construction conference has been conducted.
The Engineer shall provide a pavement design report which shall include a detailed soils
analysis specifically assessing recent fill placed on the site. A geotechnical investigation
report shall be prepared for the entire site (future roadways, building lots and drainage
pond area) by a Professional Engineer registered in the State of Montana shall be submitted
and approved by the City Engineer. The report must include an analysis of the on~site and
future public right-of-way soil conditions, special grading recommendations, bearing
capacities, groundwater depth and a street section design for any public streets. The report
must lllcorporate the findings of an independent soils . .. and
on-site lllvestlgatlOn
groundwater monitoring investigation. The report shall also evaluate the off-site
impact(s), of the water table upon adjacent properties, caused by this project's impact on
the water table. Finally, the report shall evaluate the impacts this project will have on the
hydrologic system(s) of nearby wetlands.
If the groundwater depth analysis/ groundwater monitoring for the geotechnical
investigation does not occur during the months of March and April, then groundwater
depth analysis/groundwater monitoring shall be repeated during March/April and prior
to the issuance of building permits for any new structures.
Findings of Fact and Order Page 7
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Allison Phase I Minor Subdivision Preliminary Plat
18. Based on the depth of groundwater evaluation required above, if the groundwater table is
found to be extremely high, the final plat shall contain a note with the following language:
"Due to the extremely high groundwater table in the area, basements are not
recommended. If basements are proposed, only daylight basements may be constructed
after consulting a professional engineer." If the groundwater table is found to be of an
average depth for the area, the final plat shall contain a note with the following language:
"Due to relatively high groundwater table within the area of the subdivision, it is not
recommended that full basements be constructed without first consulting a professional
. "
engmeer.
19. All infrastructure improvements including 1) water and sewer main extensions, and 2)
public or private streets including curb/gutter, sidewalks, and storm drainage
infrastructure improvements shall be financially guaranteed or constructed prior to filing
of the final plat. No building permits will be issued prior to completion and
acceptance of the public infrastructure improvements.
20. A stormwater grading, drainage and treatment plan and maintenance plan for a system
designed to remove solids, silt, oils, grease and other pollutants from the run~off from the
private and/or public streets and private property must be provided to and approved by
the City Engineer. The plan must demonstrate adequate site drainage (including sufficient
flow directional arrows and spot elevations along drainage courses), stormwater
detention/ retention basin details (including basin sizing and discharge calculation and
discharge structure details), stormwater discharge destination and a stormwater
maintenance plan. If the grading design discloses any adverse impact to off-site properties,
necessary design alterations and/or drainage conveyance devices and easements must be
provided.
The stormwater drainage/treatment plan shall include a maintenance plan which must be
provided to and approved by the City Engineer. The plan shall include the following:
description of maintenance operations, frequency of inspections and maintenance,
responsible parties and record keeping methodology.
A Homeowners' Association shall be created to provide maintenance in accordance with
the maintenance plan. The covenants 'shall be filed with the Final Plat, and therefore the
maintenance of the stormwater system by the Homeowner's Association shall be binding.
Its further recommended that implementation of the plan be included in the covenants and
therefore a condition of plat approval.
21. The proposed water main in Morning Star Way shall be a minimum of an 8 inch water
illIDll.
22. The sewer main shall be extended to the west property boundary of this proposed minor
subdivision or as approved by the City Engineer.
23. The developer's engineer shall prepare a comprehensive design report evaluating existing
capacity of water and sewer utilities. The report must include hydraulic evaluations of
each utility for both existing and post-development demands. The report findings must
demonstrate adequate capacity to serve the full development. If adequate water and/or
sewer capacity is not available for development, the report must identify necessary water
system and sewer system improvements required for full development. The necessary
system improvements to serve the full development shall be completed or financially
guaranteed prior to filing the final plat. Building permits may not be issued until the
necessary system improvements are completed.
24. For safety, maintenance and emergency access reasons, Arnold Street shall be improved
from the east side of proposed Lot 2 to the west side of proposed Lot 6. The developer
shall design a City street section, i.e, 60 foot right-of-way, 37 foot back of curb to back of
curb, 5~ foot boulevard on both the north and south side, and 5 foot sidewalk on both
the north and south side.
Findings of Fact and Order Page 8
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Allison Phase I Minor Subdivision Preliminary Plat
However, concrete curb and gutter, 51f2 foot boulevard, and a 5 foot sidewalk shall be
installed along the north street frontage of Arnold Street. The asphalt paving width
shall be a minimum of 28% feet from the inside of the north curb to the edge of
asphalt on the south side of the street.
If the applicant chooses to install curb and gutter on the south street frontage of Arnold
Street, a standard City street section, i.e., 60 foot right-of-way, 37 foot back of curb to
back of curb, 5~ foot boulevard, and 5 foot sidewalk, shall be installed.
25. City standard sidewalks shall be installed and properly depicted at the standard location
(i.e., 1 foot off property line) along Morning Star Way and the north side of the improved
Arnold Street street frontages. Any deviation to the standard alignment or location must
be approved by the City Engineer. These improvements shall be completed prior to plat
approval or secured by an improvement agreement and financial guarantee.
26. A street cut permit must be obtained from the City for locations of water and sewer mains
within the public right-of-way.
27. 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, Water Quality Bureau, shall be contacted by the
Applicant to determine if a Storm Water Discharge Permit is necessary. If required by the
DEQ, an erosion/sediment control plan shall be prepared for disturbed areas of 5 acres or
less if the point of discharge is less than 100 feet from State Waters.
28. Prior to final plat approval, the developer shall verify the location of the proposed public
trail system through the remaining Allison Subdivision property. The developer shall
provide a conceptual master plan of the entire property, depicting the location of the trail
system.
29. Any property owners' association documents and covenants shall be submitted to the City
Attorney for review and approval, and shall be signed and notarized prior to final plat
approval.
30. During development of the subject property, mechanical or electrical devices which create
a loud, raucous or pulsating sound shall not be operated between the hours of 9:00 p.m.
and 7:00 a.m. of the following day if the noise emanating from the devices unreasonably
interferes with the health, comfort, safety or welfare of any inhabited dwelling unit in the
surrounding area. Vehicles and equipment utilized to clear snow are exempted from this
condition.
The preliminary approval of this subdivision shall be effective for two (2) years from
the date of adoption of this document by the City Commission. At the end of this period the
City Commission may, at the written request of the subdivider, extend its approval as
provided for in the Bozeman Area Subdivision Regulations.
DA TED this 7th day of December _,1998.
BOZEMAN CITY COMMISSION
By1ff:;1f~ ~. -L~
Alfre . Stl f, Mayor
ATTEST:
QJ:- 01 ~
Robin L. Sullivan
Clerk of the Commission
Findings of Fact and Order Page 9