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HomeMy WebLinkAbout99- Tablerock Ventures . . BEFORE THE BOZEMAN CITY COMMISSION GALLATIN COUNTY, MONT ANA IN THE MATTER OF THE APPLICATION OF mOMAS, FINDINGS OF FACT DEAN & HOSKINS INC. FOR PRELIMINARY PLAT OF THE AND ORDER GALLATIN PARK SUBDIVISION, ON BEHALF OF T ABLEROCK VENTURES, INC. AND FUND O~ FUNDS, INC. PURSUANT to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-625, Montana Codes Annotated, and the Bozeman Area Subdivision Regulations, Bozeman Area Master Plan, and Bozeman Zoning Ordinance, the Bozeman City Commission reviewed P-9844, a proposed Preliminary Subdivision Plat for a 34 lot major subdivision as submitted in its original form by the applicant on August 21, 1998, 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 public testimony and 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 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 submitted by Thomas, Dean & Hoskins for approval to subdivide 29.686 acres, owned by Tablerock Ventures, Inc. and Fund of Funds, Inc., into thirty-four lots and common open space on property known as the southern third of Certificate of Survey 1988, located in the E 1Iz of Section 36, T. IS, R. 5E, PMM, Gallatin County, Montana, was made on August 21, 1998. All tots in the subdivision are for commerciallindustrial purposes and uses as allowed by the applicable zoning regulations. GALLA TIN PARK PRELIMINARY PLA T FINDINGS OF FACT AND ORDER Page 1 . . II. The comments of the Development Review Committee, along with those of the City-County Planning Staff, were incorporated into a Staff Report, including suggested conditions of approval, which was provided to the Bozeman City-County Planning Board for consideration at their October 20, 1998 regular meeting. ill. The site was posted with a notice of the public hearings and meetings to review the project and informing interested individuals that materials were available for review in the Bozeman City-County Planning Office. The same information was also published in the Bozeman Daily Chronicle on October 6, 1998. IV. The Bozeman City-County Planning Board considered the application at their regular meeting on October 20, 1998. The Planning Board found that the application was properly submitted and reviewed under the procedures of the Bozeman Area Subdivision Regulations and the Bozeman Area Zoning Ordinance. Staff noted that the property to be subdivided was recently annexed and is the subject of a zoning change which has not yet been completed, but that the application was in compliance with the existing zoning. Staff reviewed the findings which justifY the conditions, noting especially those conditions which related to traffic generation and mitigation and wetlands. The applicant and owner made a presentation in favor of the requested subdivision. The owner requested that the Planning Board remove or modifY the requirement for installation of a sidewalk along Manley Road. He also requested that the Planning Board remove Condition 24 regarding signalization of the intersection of North 7th Avenue and Griffin Drive. The owner stated that since the intersection was already in need of signalization the public or City should be responsible for the installation of the signal. The Planning Board then opened the public hearing. One member of the public requested that the property be zoned M-l to be compatible with development long Griffin Drive. One member of the public noted that the neighborhood is not as heavily industrialized as may appear from the zoning designations, noting that there are public recreation and wildlife facilities adjacent to the area to be subdivided. A question was also raised relating to the proposed installation of trails in wetland areas. One member of the public requested that plantings be placed along the river frontage to stabilize the river bank A representative of the Montana Department ofFish, Wildlife and Parks (FWP) noted concerns regarding GALLA TIN PARK PRELIMINARY PLA T FINDINGS OF FACT AND ORDER Page 2 . . . . contamination of water and possible impacts to the wetlands area to the west which has been developed. He also expressed concerns relating to the impact oflandscaping within the subdivision on predation to water fowl. The 404 permit process to modifY wetlands was discussed by the Board, Staff, Owner, and a FWP representative. It was noted that the property proposed to be subdivided has been master planned and zoned for industrial uses for many years. It was noted that one of the recommended conditions of approval requires a storm water master plan be prepared to address run-off and water contamination and that further review would happen with each site plan review as the lots are developed. The Board also inquired as to the responsibility the owner would bear with the requirement for the installation of the signal at the intersection of North ~ Avenue and Griffin Drive. Staff noted that the condition does not specifically place the burden on the developer but does require the installation of the traffic signal prior to the issuance of building pennits for structures within the project. The owner stated that he felt that the entire burden would fall to his project. Following a call for additional public input and receiving no response the Planning Board closed the public hearing. The Planning Board discussed the owner's request for removal of recommended Conditions 21 and 24 and the modification to recommended Condition 22 and then voted on a motion regarding the subdivision. The motion, to recommend approval ofthe subdivision as shown on the submitted drawings and materials, with modified conditions to remove recommended Condition 24, add language to Condition 13a to include a reference to signalization, and to keep all other conditions, passed on a vote of 6 in favor and 2 in opposition with 1 abstention. V. The application was considered by the Bozeman City Commission at their regular meeting on November 2, 1998, at which time the recommendation of the Planning Board was reviewed by the City- County Planning Staff Staff also requested that the Commission strike the last sentence in recommended Conditions 8 and 9 as the language is not relevant to this project. VI. The application was considered by the Bozeman City Commission and weighed against the review criteria established by Statute, and found as follows: GALLA TIN PARK PRELIMINARY PLA T FINDINGS OF FACT AND ORDER Page 3 A PRIMARY REVIEW CRITERIA AGRICULTURE: The property was annexed to the City in 1998. The agricultural uses ofthe property were terminated in conjunction with the annexation of the property. The property has been master planned and zoned for industrial development for many years. No significant impact is anticipated from the development. AGRICULTURAL WATER USER FACILITIES There is a remnant ditch on the property which the applicants represent as no longer in service. The applicants propose to remove the ditch. No persons have come forward to present evidence which would contradict the applicants claim. No impact is expected from this development. LOCAL SERVICES Police and Fire protection are currently available to this site. The development of the property will increase the likelihood of emergency services being required. Water service can be provided with proper extensions and looping of existing main lines and installation of additional mains by the developer. However, provision must be made for appropriate locations and numbers of service connections to individual lots. 4,660 vehicle trips per day are estimated to be generated by the development of this subdivision at full buildout. Actual traffic generation will depend on the nature ofthe businesses which locate here. The existing roads and intersections in the area are not capable of canying the estimated additional traffic load. Improvements to the N. ? Ave. and Griffin Drive intersection and other areas must be completed in order to allow the safe movement of traffic in this area. Section 16.18.050.D.7 B.M.C. establishes a minimum function level oflevel of service "C" for collector and arterial intersections. The intersection of Manley Road and Griffin Drive will be further evaluated as design work proceeds. Improvements to lane configurations or other work may be necessary to maintain level of service "C". The necessary improvements must be completed or financially guaranteed prior to the filing of the final plat. After considering the Planning Board's recommendation to not include the condition requiring the installation of the traffic signal prior to the issuance of building permits the Commission discussed the need for the signal and the need for improvements prior to the addition of traffic. The Commission found that other developments in similar situations had been subject to the equivalent recommended condition. The Commission found that to address the needed improvements to protect the public health and welfare; and to be consistent and fair in the application of the subdivision regulations it was necessary to restore Condition 24 as originally recommended by Staff The Commission also found that it would not be detrimental to the public health and safety to allow the construction of buildings within the subdivision while the off -site traffic improvements were constructed and included in the condition an allowance for building permits to be issued before the signal was physically installed. The allowance of building permits did not include occupancy of buildings prior to completion of the signalization. The Commission also considered the owner's request to not be required to install sidewalks along Manley Road at this time. The Commission considered the utility of the sidewalk as it would not be connected to other properties at this time. The Commission also reviewed recommended Condition 22 which requires the paving of Manley Road and includes additional paving for bicycle lanes. The Commission then found that the public health and safety would be sufficiently protected by including additional paving to provide a pedestrian lane adjacent to the bicycle lane on the west side ofthe road if the bicycle and pedestrian lanes were marked to AASHTO standards. The Commission therefore found that Condition 21 of the Planning Board resolution was unnecessary at this time. The Commission also noted. that at a future time the sidewalk may be required and will need to be installed. In the future additional improvements to Griffin Drive and Manley Road may be required to adequately serve the road users. The landowner shall supply waivers of right to protest creation of SIDs for improvements to these roads. The Commission considered the need to provide adequate water and sewer services to the property and found that with some conditions the necessary improvements could be adequately installed. The Commission also found that review of proposed or required traffic improvements is necessary to GALLA TIN PARK PRELIMINARY PLA T FINDINGS OF FACT AND ORDER Page 4 ensure their correct design and function. In order to ensure the correct sizing, location, and phasing of water, sewer, and street improvements it is necessary that plans and specifications for the proposed work be approved by both the City of Bozeman and Montana Department of Environmental Quality. Those plans and accompanying documents must address location and size of any required easements, access roads, oversizing ifnecessary, intersection and road improvements, and occupancy pennits for placement of infrastructure within existing rights of way. In conjunction with the installation of sewer services the existing septic tanks on the property must be removed to ensure full connections to the sewer and to prevent contamination of the ground water. In the annexation agreement for this property the landowner agreed to provide water rights or cash- in-lieu of water rights to supply sufficient additional water to the municipal water system to allow service to be extended to this property. The Commission found that with the development of the property it was necessary to require the provision of the agreed water rights in order for the water system to have sufficient capacity to extend water services. EFFECT ON THE NATURAL ENVIRONMENT The site has a gentle slope to the north-northwest with a total elevation change of approximately 24 vertical feet. The project will be incorporated into the existing grade and will attempt to minimize the amount of cuts and fills required. As a commercial subdivision a considerable amount of impervious surrace has been proposed. The applicant has proposed integrating the storm water plan with the existing drainage patterns. The storm water will eventually reach the adjoining property which is owned and managed by Montana Department of Fish, Wildlife and Parks as a wildlife habitat area. The Commission found that there is a potential for surrace water run-off to carry contaminants to the wildlife area. A storm water master plan must be provided to adequately treat any run-off. Due to the substantial impact that the presence of pollutants may have on the wildlife facility the Montana Department ofFish, Wildlife and Parks must also consent to the proposed storm water plan and be satisfied with its ability to protect their interests. The Commission also found that the proposed open space must be cared for and managed to prevent infestation by weeds or the occurrence of other nuisances. The hydrology in the area also necessitates integration of the proposed open spaces with the storm water management plan. The maintenance of the open space must be the responsibility of the proposed property owners association. The plat aloo must notifY potential users ofthe lots of the presence of high groundwater in the area. The proposed trails are to selVe as pedestrian circulation routes within the development and for adjoining properties. To ensure that the trails are adequate for the intended use the Commission found it appropriate to require that the trails be constructed to the standards of the Parks and Recreation Advisory Board. WILDLIFE AND WILDLIFE HABITAT The largest anticipated effect relates to modifications to the wetlands present on the property. The applicant has proposed as part of a 404 pennit to offset any damage or removal of wetlands by enhancement of existing habitat features or creation of new ones. The portion ofe.O.S. 1988 to be subdivided with this project contains a portion of a pond which would be enlarged. The greatest impact would be the construction of roads and buildings where wetlands have been identified. The loss of the marsh and associated vegetation will be evaluated by the Anny Corps of Engineers. The applicant has proposed providing private open space within the subdivision which will preselVe the pond and portions of the uplands. Before any work commences the applicant must meet all pennitting requirements of necessary review agencies to avoid unnecessary environmental degradation. The subdivision regulations require compliance with the applicable provisions of the zoning ordinance. Where industrial properties are adjacent to residential property, as in this case, the industrial property is responsible for buffering the residential use and matching the required yards. The property along the northern tier oflots is adjacent to residential property and also has wetlands present. To preselVe the wetlands ~nd provide for the buffering of the residential area the Commission found that it is appropriate to provide for an easement or similar formal designation of space to ensure that development would avoid these areas. The second anticipated effect is that of storm water. Currently surrace drainage reaches the pond in the northwest comer of the site. This overland flow is shown as remaining in the Environmental GALLA TIN PARK PRELIMINARY PLA T FINDINGS OF FACT AND ORDER Page 5 . . Assessment/Community Impact Report provided with the project application. With the development ofthe subdivision a substantial amount of impervious surface will be created which will change the storm water flow timing and character. Also additional pollutants are likely to be introduced. To prevent the transmission of pollutants to the pond and other downstream waters a storm water plan must be prepared which provides for filtering and control of water release. The Montana Department ofFish, Wildlife and Parks must also review and be satisfied with the storm water control plan. The open space to be provided must also be integrated to serve as an overland flow channel to direct stonnwater away from developed sites. PUBLIC HEALTH AND SAFETY The issues of public health and safety are related to adequate provision of water, sewer, and street improvements. These items were generally considered under the Local Services section above and several conditions have been prepared to address the issues identified in sections above. The development standards of the Bozeman area development regulations limit the number of accesses onto collectors and arterials to maintain the smooth flow of traffic and prevent conflicting turning movements. This reduces the number of traffic accidents. Manley Road is a designated rural collector and access points are therefore controlled. The Commission found that to preserve the public health and safety only access points allowed by the County Road Office should be permitted. B. COMPLIANCE WITH SURVEY REOUIREMENTS PROVIDED FOR IN PART 4 OF THE MONTANA SUBDMSION AND PLATTING ACT. The survey requirements will be complied with when the final plat is filed. C. COMPLIANCE WITH THE BOZEMAN AREA SUBDIVISION REGULATIONS The subdivision generally complies with the Bozeman Area Subdivision Regulations. To complete local regulation compliance the Final Plat must be submitted in compliance with the state and local regulations. A platting certificate must accompany the plat. If the landowner wishes to file the final plat prior to the completion of all required water, sewer, or street improvements an appropriate financial guarantee may be provided in accordance with the requirements of the Bozeman Area Subdivision Regulations. The Bozeman area is experiencing rapid development. As a result, the conditions of approval which are appropriate for a specific location may no longer be the optimal conditions of approval several years later. In order to prevent the conditions of approval from not adequately addressing local situations in is necessary to place a time limit on the duration of approval. The Commission found that a two year approval duration was appropriate for this application. The applicant may within that two years petition the Commission for an extension of the approval which may be granted at the Commission's discretion. The Commission, after consideration of the lot layout in the subdivision, found that Lots 10-12, Block 1 should be combined into two lots in order to provide sufficient space upon all of the created lots to allow development and meet the required lot width to depth ratio. D. COMPLIANCE WITH THE REQUIRED SUBDIVISION REVIEW PROCEDURES. The application complies with the subdivision review procedures. E. PROVISION OF EASEMENTS FOR THE LOCATION AND INSTALLATION OF ANY PLANNED UTILITIES. The proposed subdivision would utilize front easements for utilities. This is acceptable provided that all of the utility companies agree in writing to the use offront easements. Easements for water and sewer utilities are discussed in Local Services above. F. PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEL The property is accessed via Manley Road. With the annexation of the property a right of way easement was obtained to allow the expansion of Manley Road as may be necessitated with future GALLA TIN PARK PRELIMINARY PLA T FINDINGS OF FACT AND ORDER Page 6 . . development. The platting of the property provides an opportunity to dedicate to the public the same forty-five foot wide area contained in the previously granted easement. The application and proposed plat indicates the dedication will occur. The applicants are proposing a City standard street, Silverado Drive, to provide internal access to subdivided lots. The street will be improved prior to, and will become a public right of way with, the Final Plat of the subdivision. Legal and physical access will therefore be provided to all subdivided lots. The subdivision and development of the site will require the installation of off-site transportation improvements as discussed above in the Local Services section. VII. Following discussion by the City Commission, the City Commission found that the proposed subdivision complies with the Bozeman Area Master Plan, Bozeman Area Subdivision Regulations, and the Bozeman Zoning Ordinance, if certain conditions are imposed. Such conditions are justified by the Commission's Findings of Fact that the development will cause deleterious effects on the transportation system which must be offset; that storm water from the development must be controlled; that water, sewer, and transportation improvements must be designed and constructed to City and State startdards; that all required improvements must be constructed or financially guaranteed prior to final plat approval; that modifications to. ditch or wetland features must be approved by the appropriate agency; that provision of water rights are necessary to provide the ability to service the development with water; that applicable regulations must be complied with; and that certain covenants and improvements agreements be of official and binding record. ORDER THEREFORE, IT IS HEREBY ORD~RED that the Preliminary Subdivision Plat of Gallatin Park subdivision for Tablerock Ventures, Inc. and Fund of Funds, Inc., be approved, subject to the following conditions: 1) A 1 foot wide "no access strip" shall be placed on the plat along Manley Road except where the County Road and Bridge Office has allowed encroachments. 2) Lots 10, 11, and 12, Block 1 shall be made into 2 lots. Lot 12 is too narrow to use on its own and the 3: 1 lot depth to width ratio can't be met on Lots 10 and II if they are reduced in width. 3) The septic systems currently in place on the property shall be abandoned, pumped and filled or removed prior to any site development on lots where they are located. 4) Open space on the plat shall be labeled as common or private open space as applicable. A property owners association shall be formed and must have responsibility for all maintenance of the common open space including weed control. The articles of association shall comply with Chapter 16.34 Bozeman Municipal Code. The signed articles shall be submitted with the Final Plat application and shall be filed along with the Final Plat. The corners oflots bordering on the open space shall be marked as described in Section 16.14.090.G.2 of the Bozeman Municipal Code or an alternative standard acceptable to Staff 5) The proposed trail through the common open space will need to be constructed to Parks and Recreation Advisory Board standard. GALLA TIN PARK PRELIMINARY PLA T FINDINGS OF FACT AND ORDER Page 7 . . . .. 6) A note shall be placed on the face of the plat which reads "Due to the relatively high ground water within the subdivision construction of basements or other below grade spaces is not recommended". The letters of the note shall be a minimum of one-quarter inch in height. 7) 20 foot rear yards shall be pro.vided on Block 3 because of residential adjacency. ,The submitted Environmental Impact Assessment shows an emergent marsh which is to be protected in the same area. Unless other another acceptable alternative is proposed a 20 foot landscape easement along the northern edge of Block 3 shall be provided to assure protection of yards and marsh. 8) The Developer shall have two (2) years from the date of preliminary approval to complete the conditions, conform to all regulations, and submit a complete application for Final Plat approval. 9) The Final Plat shall conform to all requirements of the Bozeman Area Subdivision Regulations and the Uniform Standards for Final Subdivision Plats, and shall be accompanied by all required appropriately worded certificates and a Platting Certificate. The final application shall include two signed cloth-backed, or equivalent, copies; two signed reproducible copies on a stable base polyester film, or equivalent; two digital copies on 3-1/2" DS/DD; and five (5) paper prints. 10) Water rights shall be provided as agreed to in the annexation agreement filed on Pages 4595- 4611, Film 186 at the Gallatin County Clerk and Recorders' Office. GENERAL: 1) Plans and specifications and a detailed Engineer's Design Report for water and sewer main extensions, storm sewer and public/private streets, prepared 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. 2) All infrastructure improvements including, 1) water main extensions and water improvements (including any required pressure reduction valves), 2) sewer main extensions, and 3) public streets, sidewalks, and related storm drainage infrastructure improvements shall be financially guaranteed or constructed prior to Final Plat approval. No occupancy permits will be issued prior to substantial completion and City acceptance of all Public Infrastructure improvements. 1) The applicant shall provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of SID's for the following, unless otherwise provided: a. Street improvements to Griffin Drive including paving, curb/gutter, sidewalk, and storm drain facilities, and signalization of the intersection of Griffin Drive and North 7th Avenue,. b. Street improvements to Manley Drive including paving, curb/gutter, sidewalk, and storm drain facilities. The document filed shall specify that in the event an S.LD. is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof STORM WATER: 1) Stonn Water Master Plan: A Stonn Water Master Plan for the subdivision for a system designed to remove solids, silt, oils, grease and other pollutants from the runoff from the private/public streets and all lots must be provided to and approved by the City Engineer. The master plan must depict the maximum sized retention basin location, show location of and provide easements for adequate drainage ways within the subdivision to transport runoff to the stonnwater receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin site, drainage ways and finished lot grades), typical stonnwater detention/retention basin and discharge structure details, basin sizing calculations and a stormwater Maintenance Plan. GALLA TIN PARK PRELIMINARY PLA T FINDINGS OF FACT AND ORDER Page 8 . . . . . ~ The Maintenance Plan shall include the following: description of maintenance operations, frequency of inspections and maintenance, responsible parties and record keeping methodology. Any stormwater ponds located within a park or open space shall be designed and constructed to be conducive to the normal use and maintenance of the open space. Stormwater shall not be discharged directly to the "spring-fed pond". Storm water pretreatment and detention facilities shall be provided. While the runoff from the individual lots will be dependent on the intensity of use on each lot, the maximum sizing of the storm retention facilities for each lot will be established based on maximum site development. Final facility sizing may be reviewed and reduced during design review of the Final Site Plan for each lot. The' applicant shall provide a phasing schedule for the installation of the stormwater improvements with the infrastructure plans. If the common open space will be used to conduct storm runoff as depicted in the submittal, detention ponds to filter pollutants as well as maintenance easements shall be provided. The open space shall be topographically confi~red to serve as an emergency stormwater overflow channel from east to west. The Montana Department ofFish, Wildlife, and Parks shall also approve the storm water master plan. The Storm Water Master plan must provide protection from groundwater contamination in perpetuity. WATER AND SEWER: 1) The location of proposed water and sewer easements need to be clearly depicted. Easements for the water and sewer main extensions shall be a minimum of 30 feet in width, with the utility located in the center of the easement. In no case shall the utility be less than 10 feet from edge of easement. All required easements, including Montana Rail Link crossing easements, shall be provided prior to final plat approval and shown on the plat. Any easements located outside the subject property shall be provided prior to approval of the olans and specifications for that utility located within the subject easement. 2) All proposed water mains shall be extended to the east property lines to adequately accommodate future extensions and/or looping. 3) A 12-foot wide all weather access road shall be provided for proposed sewer and water mains that traverse through/between lots/open space. 4) Pursuantto the 50 Year Main Extensions Map included in the Water Facilities Plan a 10" water main extension shall be installed in Manley Road. 5) Section A. Water Supply. Item 7. of the Community Impact Reoort dated August, 1998 prepared and submitted by Thomas, Dean & Hoskins shall be reviewed and approved by the Engineering Department to determine if any over waterline sizing exists. Additional hydraulic analysis may be required with the Engineer's Design Report. 6) The developer's engineer shall prepare and submit with the Engineer's Design Reports an evaluation of water pressures for this proposed subdivision. Any pressure reduction valves required shall be financially guaranteed or constructed prior to Final Plat approval. STREETS: 1) As stated in Section D. Streets and Roads. Item 1. of the Community Impact Report dated August, 1998 prepared and submitted by Thomas, Dean & Hoskins and shown on the Preliminary Plat of Gallatin Park Subdivision, one half (45') of a 90' arterial right-of-way will need to be dedicated for Manley Road with the plat. Also the street width and character of improvements shall consist of a County character road, (i.e., no curb & gutter), a minimum width of36 feet (2 - 12 foot driving lanes, plus 2- 4 foot bike lanes, plus 1-4 foot pedestrian lane designed to AASHTO standards, on the west side of the road). 2) Section D. Streets and Roads. Item 8. of the Community Impact Report dated August, 1998 prepared and submitted by Thomas, Dean & Hoskins regarding traffic and intersection studies performed on the intersection of Manley Road and Griffin Drive will be further evaluated by the Engineering Department. Prior to Final Plat approval the recommended and approved improvements at the intersection of Manley Road and Griffin Drive shall be financially GALLA TIN PARK PRELIMINARY PLA T FINDINGS OF FACT AND ORDER Page 9 .. . . . .. # guaranteed or constructed. No building permits will be issued prior to completion and City acceptance of the intersection improvements. 3) Intersection improvements and signalization of the intersection of North 7d1 Avenue and Griffin Drive shall be financially guaranteed or constructed prior to Final Plat approval in order to raise the level of service to a level of "C" for the design year which shall be fifteen years following construction of the improvements. No building occupancy permits will be issued prior to completion and City acceptance of the intersection improvements and signalization. MISCELLANEOUS: 1) The Montana Department ofFish, Wildlife and Parks, Natural Resources Conservation Service, Montana Department of Health and Environmental Sciences, and Army Corps of Engineer's shall be contacted regarding the proposed project and any required permits (i.e. 310, 404, Turbidity exemption, etc.) shall be obtained. Army Corps of Engineers approval of the requested 404 permit must be received and a copy of the permit and the final mitigation plan provided to the City of Bozeman prior to the beginning of work, including placement of infrastructure, which will affect wetlands. 2) Project infrastructure phasing, including all utility phasing, shall be clearly defined. 3) Utility Occupancy Permits must be obtained from the County or appropriate governing body for locations of water and sewer mains within the public right-of-way. 4) Prior to initiation of construction the Applicant shall demonstrate that he has contacted and is in compliance with the Montana Department of Environmental Quality Permitting and Compliance Division Storm Water Control and Permitting Program. 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 Comt:nission, by following the procedures of Section 76-3-625, M.C.A. DATED this 19th day of January ,1999. BOZEMAN CITY COMMISSION BY~/~_ ~ ATTEST: Alfr . Sti1f, Mayor C;~ ../ .L&.~ Robin L. Sullivan Clerk of the Commission GALLA TIN PARK PRELIMINARY PLA T FINDINGS OF FACT AND ORDER Page 10