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HomeMy WebLinkAbout99- Grant Creek Partners at Bridger Peaks Town Center . . BEFORE THE BOZEMAN CITY COMMISSION GALLATIN COUNTY, MONT ANA IN THE MATTER OF THE APPLICATION OF GRANT FINDINGS OF FACT CREEK PARTNERS FOR PRELIMINARY PLAT OF THE AND ORDER BRIDGER PEAKS TOWN CENfER, ON BEHALF OF PHILLIP SACCOCCIA JR. 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 Conunission reviewed the proposed Preliminary Subdivision Plat for a thirteen (13) lot, four phase, major subdivision as submitted in its original form by the applicant on June 19, 1998, (P-9833), together with the required supplementary plans and infonnation, to detennine if the infonnation submitted meets the requirements of the Bozeman Area Subdivision Regulations and the Montana Subdivision and Platting Act. The City Conunission also considered public testimony and the recommendation of the Bozeman City-County Planning Board concerning the application. The subdivision is to be developed in conjunction with a Zoning Planned Unit Development, Z-98113, which application and materials were submitted simultaneously with the subdivision application. It appeared to the City Conunission 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 corne before it regarding this application, the City Conunission makes the following Findings of Fact, as required: FINDINGS OF FACT I. The application submitted by Grant Creek Partners for approval to subdivide 42.24 acres, owned by Phillip Saccoccia Jr., into thirteen lots in four phases on property located in the NW I/.J of Section 1, T.2S, R.5E, PMM, Gallatin County, Montana, was made on June 19, 1998. All lots in the subdivision are for commercial purposes and uses as allowed by the applicable zoning regulations. The application BRIDGER PEAKS TOWN CENTER PRELIMINARY PLA T FINDINGS OF FACT AND ORDER Page 1 . requested that the legal and physical access and utility easements required by Section 76-3-608 M.C.A. be satisfied through the use of reciprocal easements among the property owners of the subdivision. The application further requested that the applicant be pennitted to begin the construction of buildings prior to the completion of all infrastructure necessary to service the subdivision. 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 August 15, 1998 regular meeting. III. 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 reviewed the staff report and noted that upon the request of the applicant the Development Review Committee had reevaluated and modified some of the proposed conditions for the project. The modified conditions, Numbers 2, 13, 14, and 20 of the staff report, were provided to the Planning Board for their review. The changes in the conditions addressed the request to begin construction on certain buildings prior to the full completion of required off-site improvements. Previously the conditions had specifically referenced Lot 5. The modified conditions reference Lots 2, 5, 8, and 11. Staff reviewed the findings which justifY the conditions, noting especially those conditions which related to traffic generation and mitigation and the relationship between the installation of mitigation improvements and Conditions 2, 13, 14, and 20 which address the timing of construction of buildings. The applicants made a presentation in favor of the requested subdivision, and presented the reasoning behind proposed covenant restrictions and an operational plan which will integrate the subdivision and allow the use of reciprocal easements for legal and physical access and utilities. The applicants responded to questions from the Planning Board regarding landscaping and site drainage. The Planning Board then opened the public hearing. One member ofthe public offered comment on the need for the signalization of the N. 19111 and Oak Street and N. 19111 and Baxter Lane intersections and encouraged the Planning Board to require such installation prior to commencement of construction. Following a call for additional public input and receiving no response the Planning Board closed the public hearing. BRIDGER PEAKS TOWN CENTER PRELIMINARY PLAT FINDINGS OF FACTAND ORDER Page 2 --- . The Planning Board, finding that the application complied with the required criteria established in M.C.A. 976-3-608, voted unanimously to recommend approval of the subdivision as shown on the submitted drawings and materials, with modified conditions as recommended by Staff IV. The application was considered by the Bozeman City Commission at their regular meeting on September 8, 1998, at which time the recommendation of the Planning Board was reviewed by the City- County Planning Staff V. The application was considered by the Bozeman City Commission and weighed against the review criteria established by Statute, and found as follows: A. PRIMARY REVIEW CRITERIA AGRICULTURE: This project will remove approximately 42.24 acres from grazing and small grain production uses. The site is within the City of Bozeman and has been for many years. The property has been designated in the City's master plan for urban development since at least 1990 and was changed in 1997 to a Commercial master plan designation. No significant impact is anticipated from the development. AGRICULTURAL WATER USER FACILITIES There are two water conveyances on the property, the Fanner's Canal and Walton's Ditch. No changes of any sort are proposed to the piped section of the Fanner's Canal along the southern edge of the property. Per Section 16.14.050.C of the Bozeman Area Subdivision Regulations no change in water volume flows may occur due to modifications made by development. To ensure the proper storm water treatment and management a stonn water master plan must be prepared which demonstrates location and sizing of water detention ponds, transmission routes and facilities, and coordination of work across the site. The applicant is considering possible changes to Walton's Ditch to accommodate a condition of approval relating to access points. Walton's Ditch is considered to be a StreamlDitch combination north of Oak Street. A 310 pennit must be acquired for any modifications to a stream or active ditch. The applicant's must contact the necessary agencies prior to any modifications of the stream/ditch or any wetlands. The necessary easements to allow for maintenance ofthe ditch must be shown on the final plat. Section 16.14.050.C requires that the easements be 15' on one side of the ditch and 5' on the other. The required easements shall be clearly shown on the final plat. In no case will the maintenance of either ditch be the responsibility of the City of Bozeman. 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. The Police have stated in their comments on this subdivision that they are concerned with the traffic patterns in and around the proposed subdivision. They note that without signalization of the Oak Street and N. 19th intersection and other improvements to N. 19th Ave. the likelihood of serious accidents is increased. They also noted that improvements should be made in conjunction with the development of the project. The Fire department in their comments noted that adequate provision of fire flow and hydrant placing was of concern. The project will extend water mains which will supply hydrants distributed throughout the project. BRIDGER PEAKS TOWN CENTER PRELIMINARY PLA T FINDINGS OF FACT AND ORDER Page 3 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 as discussed above. The plans and specifications for any extensions of lines must be reviewed and approved by the City of Bozeman and State of Montana prior to any work commencing to ensure compliance with applicable standards intended to protect the public and maintain the proper function of the water and/or sewer system. Any extensions oflines must be within standard City of Bozeman easements. In conjunction with the installation of Oak Street between N. 'J'h Ave. and N. 19th Ave. the City installed a water line to prevent a future installation from damaging the road. The applicant must pay to the City of Bozeman a proportionate amount to reimburse the City for the expense of the installation of the water line along Oak Street. With the annexation of the property to the City a provision of water rights was required but was deferred until development. With this development addition demand will be placed on the City water system which the City cannot meet. To provide for adequate water supply the developer must provide the required water rights, as previously agreed, which will ensure a sufficient water source for the development of the site. The proposed development may be adequately served by the adjacent sewer trunk line. In order to prevent multiple taps into the trunk line sewer services to individual lots shall be provided by a single sewer main which will then connect to the trunk line. In designing the sewer services, if sufficient grade exists under Tschache Lane then the proposed sewer line shall extend to the east boundary line to facilitate future extension of the sewer line to the east. All proposed water and sewer lines shall be matched with corresponding City standard easements to facilitate proper maintenance and upkeep of the water and sewer systems. Over 8,000 additional vehicle trips per day are estimated to be generated by the development ofthis subdivision at full build out. This will be dependent upon the nature of the businesses which locate in the area. The existing roads and intersections in the area are not capable of carrying the additional traffic load. Improvements to the N. 19th Ave. and Oak Street intersection and other areas must be completed in order to allow the safe movement of traffic in this area. Section 16.18.050.0.7 establishes a minimum level of service "C" for arterial intersections. The necessary improvements to lane configurations on Oak Street and N. 19th Ave. and the signalization of the intersection to reach Level of Service C in a 15 year design horizon must be completed or financially guaranteed prior to the filing of the final plat. All improvements to N. 19th Ave. must be completed with the first phase of the project. All ofthe necessary water, sewer, and transportation improvements for Phases 1 and 2 shall be installed, operational, and accepted by the City of Bozeman before the opening of any building for operation whether or not the improvements have been financially guaranteed. The intersection of roads and drive accesses must conform to City of Bozeman and State of Montana standards to insure their proper function and ability to be maintained. The first two phases of the development will rely principally upon Oak Street and N. 19th Ave. for access. With the development of phases three and four traffic will need to use Tschache Lane for access. Before the final plat can be filed for either phase three or phase four a warrant analysis must be conducted for the intersection of Tschache Lane and N. 19th Ave. to evaluate the need for signalization. If a signal is warranted it will be a finding of fact that to preserve public safety the signal must be installed or financially guaranteed, as allowed in state law, prior to the final platting of either phase three or four. Approval from the Montana Department of Transportation must be received for any approaches onto Oak Street or N. 19th Ave. The applicants requested through the Zoning PUD to be allowed to proceed with the construction of buildings prior to the final acceptance of all of the various project related on and off-site improvements. They argue that water, sewer, and streets are immediately available to the site and that there is a legally existing tract ofland which is within the City. The commencement of construction prior to the installation of off-site transportation improvements will not jeopardize the public health and safety if said improvements have been properly financially guaranteed or completed and accepted by the City. Further, adequate provisions for emergency vehicular access be made and that no combustible building materials be utilized until the water improvements have been installed, accepted, and are functional, being able to supply sufficient water for fire protection purposes. No occupancy, including temporary occupancy, shall be allowed prior to full installation and acceptance of all required improvements. BRIDGER PEAKS TOWN CENTER PRELIMINARY PLA T FINDINGS OF FACT AND ORDER Page 4 EFFECT ON THE NATURAL ENVIRONMENT The site has a gentle slope to the northeast with a total elevation change of approximately 12 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 ofimpervious surface has been proposed. A master drainage plan has been submitted with the application and is generally acceptable. During final reviews some modifications may be required. The storm~aterwill discharge to Walton's Ditch where it has in the past. The drainage system will incorporate controlled release features to prevent surges of runoff into the existing stream channel. In conjunction with any site development which involves ditches or wetlands the proper pennitting agency must be contacted and any necessary pennits or approvals for work shall be obtained. WILDLIFE AND WILDLIFE HABIT AT As this property has been actively in agricultural production, no significant, adverse effects on wildlife or their habitat have been identified for this area. The onsite detention ponds will reduce hazardous runoff and discharge to the East Gallatin downstream. A 310 pennit must be obtained prior to any modifications to the stream/ditch. The stream/ditch has been proposed to be possibly modified to accommodate a relocation of a drive access. The modification may be made subject to 310 pennit review. PUBLIC HEALTH AND SAFETY The greatest possible impact to public health and safety is related to the high volume traffic flows adjacent to the site and the considerable traffic anticipated to be generated by development of this project. The existing street system in the area is insufficient to provide safe access to the property after development without substantial improvement. The developer ofthis project, in conjunction with other development in the area, must provide a properly designed and configured traffic signal at the intersection of N. 19th Ave. and Oak Street. Additional lane width and improvements must be provided along Oak Street and N. 19th Ave. to accommodate the turning movements into and out of the project. All street improvements must be reviewed and be acceptable to the Montana Department of Transportation and the City of Bozeman prior to construction of the improvements. As development is generating the need for improvements at the intersections ofN. 19th Ave. and Durston Road and Baxter Lane a unified traffic study must be prepared to ensure that the improvements will be properly coordinated and not conflict. To provide for safe traffic movements the eastern private access onto Oak Street must be realigned to match with the existing N. 17th Ave. The future contribution of this development to necessary improvements to Tschache Lane and N. 15th Ave. need to be made certain. For this purpose waivers of right to protest creation of Sills shall be provided. This will balance the need for future funding with,desire of property owners to not be required to commit cash funds at this time. In accordance with the Bozeman Area Subdivision Regulations, all improvements required with a subdivision must be completed or financially guaranteed prior to the final platting of the subdivision. The development may proceed as requested on specific lots after the proper financial guarantee has been provided without hazard to the public. However, certain limits on construction are necessary to ensure that fire protection and emergency vehicle access is provided. No operation or occupancy of buildings may be allowed until all improvements have been completed and accepted by the state and City. The general area where this subdivision is located is undergoing rapid transition and development. As this is the case the conditions necessary for approval are also subject to change. To ensure that conditions remain consistent with need the subdivision shall be approved for two years with a possibility of future extensions should the need arise. B. COMPLIANCE WITH SURVEY REOUIREMENTS PROVIDED FOR IN PART 4 OF THE MONTANA SUBDIVISION AND PLATTING ACT. The survey requirements will be complied with when the final plat is filed. BRIDGER PEAKS TOWN CENTER PRELIMINARY PLA T FINDINGS OF FACT AND ORDER Page 5 C. COMPLIANCE WITH TIffi BOZEMAN AREA SUBDIVISION REGULATIONS This subdivision is being processed as a PUD. The reason for this is that the development relies on a number of modifications to the standard regulations. The major elements of the PUD review relate to the provision of physical and legal access and utility easements. Additionally, the applicant desires to be able to begin construction of buildings prior to the completion of all infrastructure. This will require approval via the PUD process to vary from the terms of Chapter 16.22 of the Bozeman Area Subdivision Regulations. This is discussed in Effects on Local Services above. The application complies with the subdivision PUD review procedures. 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. As the developers are relying upon covenants to complete a portion of the requirements of the Bozeman Area Subdivision Regulations and state law the City of Bozeman must be a party to the covenants. The covenants must be filed in conjunction with the Final Plat. D. COMPLIANCE WITH TIffi REQUIRED SUBDMSION REVIEW PROCEDURES. The application complies with the subdivision review procedures. E. PROVISION OF EASEMENTS FOR TIffi LOCATION AND INSTALLATION OF ANY PLANNED UTILITIES. The applicants have proposed that utilities be provided through a general grant of utility easements through covenants rather than a typical easement centered on a property line. Because the covenant is being used to comply with a basic requirement of subdivision law the City of Bozeman must be made a party to those covenants so that they may not be revoked without other means oflegal access being provided first. Given the intended construction of buildings along the lot lines without setbacks in some locations this is a reasonable compromise. There are established through the site plan review process driving lanes in the parking lot which will serve as logical locations for easement lines. The plat contains the standard notation granting use of the easement to all those providing services. F. PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEL The location of accesses from N. 19111 Ave. and Oak Street is controlled by the state Department of Transportation. The applicant will need their approval before finalizing the locations of site accesses. Both roads are limited access roads and accesses to each individual lot are not allowed. The applicant has proposed private easements which grant the right of access across each of the other parcels to all parcel owners. This will meet the requirement for legal access as the covenant containing the easement will be required to be filed as part of the subdivision. Because the covenant is being used to comply with a basic requirement of subdivision law the City of Bozeman must be made a party to those covenants so that they may not be revoked without other means oflegal access being provided first. Physical access to all parcels will be provided by one or more of the following streets: N. 19111 Ave., Oak Street, Tschache Lane, and N. 15111 Ave. As the project will be completed in phases, each street section will need to be developed or financially guaranteed prior to the filing of each plat. As noted above, not all lots will have direct physical access to the public right of way. The design of the zoning PUD appears to have established adequate access and drive lanes to provide safe and sufficient access which is legally established by easement. The subdivision and development of the site will require the installation of off-site transportation improvements on Oak Street and N. 19111 Ave. The Montana Department of Transportation controls the location and number of access points onto both Oak Street and N. 19111 Ave and must approve the location and character of all proposed accesses into the project property. VI. Following discussion, the City Commission found that the proposed subdivision complies with the Bozeman Area Master Plan, Bozeman Area Subdivision Regulations, and the Bozeman Zoning BRIDGER PEAKS TOWN CENTER PRELIMINARY PLA T FINDINGS OF FACT AND ORDER Page 6 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 standards; 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 reimbursement for previously installed infrastructure must be made; that applicable regulations must be complied with; that sufficient water be supplied to service the development; and that certain covenants and improvements agreements be of official and binding record. ORDER THEREFORE, IT IS HEREBY ORDERED that the Preliminary Subdivision Plat of Bridger Peaks Town Center subdivision for Phillip Saccoccia Jr., be approved, subject to the following conditions: 1. Stormwater Master Plan: A Stormwater Master Plan for the subdivision for a system designed to remove solids, silt, oils, grease and other pollutants from the runoff from the private and public streets and all lots must be provided to and approved by the City Engineer. The master plan must depict the maximum sized retention basin location, show location of and provide easements for adequate drainage ways within the subdivision to transport runoff to the stormwater receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin site, drainage ways and finished lot grades), typical stormwater detention/retention basin and discharge structure details, basin sizing calculations and a stormwater maintenance plan. 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. While the runoff from the individual lots will be dependent on the intensity of use on each lot, the maximum sizing ofthe 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 FSP for each lot. The applicant is advised that although the submitted plan has been preliminarily reviewed and is acceptable in concept, the plan will be evaluated further upon review of the infrastructure and final site plan for the subdivision. The applicant is encouraged to utilize a combination system of underground storm drains and the proposed swales within the parking lot on the west side of the buildings to allow patrons to walk from the parking lot to the building without crossing a "stream" during minor rain events and snow melting. A detailed site grading plan for Phases I and n shall be provided for approval with the initial FSP submittal. The grading plan shall account for the development of the future phases and provide a phasing schedule for the installation of the storm water improvements. BRIDGER PEAKS TOWN CENTER PRELIMINARY PLA T FINDINGS OF FACT AND ORDER Page 7 . 2. Plans and specifications and a detailed design report for water and sewer main extensions, storm sewer and the public street, prepared by a Professional Engineer, shall be provided to and approved by the City Engineer and the Montana Department of Environmental Quality. The Applicant shall also provide Professional Engineering selVices for construction inspection, post-construction certification, and preparation of mylar record drawings. 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. With exception of the in-line structure proposed on Lots 2, 5, 8, and 11 no building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements. Prior to issuance of a building permit for Lots 2, 5, 8, and 11 "approvable" infrastructure plans, including streets, sidewalks, storm drainage, sewer, water, and signal plans for Phases I and n of the subdivision shall be submitted to the City Engineer and all water and sewer mains must be installed and accepted by the City. The cUlVilinear water mains drawn on the preliminary plat plans are difficult to install per City standards. All water mains 500 feet or longer must be looped. All ties to existing water and waste water infrastructure must be verified as to exact location and depth by the developer. 3. All infrastructure improvements including 1) water and sewer main extensions, and 2) public streets, curb/gutter, sidewalks and related storm drainage infrastructure improvements shall be financially guaranteed or constructed prior to Final Plat approval. City standard sidewalks or an acceptable alternative sidewalk shall be constructed on all public street frontages of the property. 4. The Oak Street drive approaches shall be constructed in accordance with the City's standard approach (i.e., concrete apron, sidewalk section and drop-curb) and shown as such on the FSP. A City Curb Cut and Sidewalk Permit shall be obtained prior to FSP approval. MDT approval of all approaches onto North 19th and Oak shall be obtained prior to construction. 5. The Montana Fish, Wildlife and Parks, NRCS, Montana Department of Environmental Quality 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 prior to FSP approval. Copies of the approvals shall be submitted with the FSP. 6. Ditch relocation: a. The Montana Fish, Wildlife and Parks shall be contacted by the Applicant regarding the proposed relocation and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to FSP approval. 7. Easements for the water and sewer main extensions shall be a minimum of30 feet in width, with the utility located in the center ofthe easement. In no case shall the utility be less than 10 feet from the edge of easement. 8. Prior to platting of Phases III and IV, the applicant shall obtain an easement across the adjacent property for the extension of North 15th Avenue to Tschache Lane. North 15th Avenue from Oak Street to Tschache Lane and Tschache Lane adjacent to Phase III and IV shall be constructed or financially guaranteed prior to platting of Phase III and/or Phase IV. 9. Sewer services for Lots 4, 6, 7, 9 and 10 shall not connect to the existing 24" interceptor sewer but instead shall be connected to local sewer mains installed be the developer. 10. If adequate grade exists for the sewer main to be installed in Tschache Lane to be extended further to the east, the developer shall install the line to the east property line of Phase III with the improvements for Phase IV of the subdivision. BRIDGER PEAKS TOWN CENTER PRELIMINARY PLA T FINDINGS OF FACT AND ORDER Page 8 . . 11. The accesses off of Oak Street shall be re-designed so that the entrance nearest North 17th Avenue aligns with North 17th. 12. Applicant shall provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Sills for the following: a. Street improvements to North 15th Avenue and Tschache Lane, adjacent to the subdivision, including paving, curb/gutter, sidewalk and storm drainage. b. Signalization and intersection improvements of the intersections of Tschache Lane and North 19th Avenue, North 15th Avenue and Oak Street and the proposed private access and North 19th Avenue. 13. Prior to filing of any plat, the intersection improvements and signalization of the intersection of North 19th and Oak Street to bring the level of service of the intersection to a level "C" considering a 15 year design time frame, shall be financially guaranteed or constructed. Prior to opening of any of the buildings in the in-line structure Lots 2, 5, 8, and 11, and prior to issuance of Building Permits for any other lot, the improvements and signal shall be in place and operational. 14. Oak Street shall be widened to include a second west bound lane and curb and gutter in accordance with plans available from the office ofthe City Engineer for the full length of the property prior to filing of the final plat for Phase I. The developer's engineer shall provide for the design of the storm drainage facilities for the widening. The applicant may choose to financially guarantee these improvements. If the improvements are financially guaranteed, no building permits, with the exception of the permits for Lots 2, 5, 8, and 11 shall be issued prior to completion and city acceptance of the improvements. The proposed structure on Lots 2, 5, 8, and 11 shall not be opened until such time as the improvements are completed and accepted by the City and the Montana Department of Transportation. 15. The applicant's engineer shall evaluate the location ofthe proposed accesses onto Oak Street with respect to the needed dedicated left hand turn bays for both the proposed accesses and North 19th Avenue and if the turn bays are in conflict the entrances shall be relocated to accommodate the turn bays. 16. The applicant shall be responsible for the installation of all needed traffic striping and marking on both North 19th Avenue and Oak Street for the needed left hand turn bays and other improvements. The applicant shall be responsible for the installation and operation and maintenance of intersection lighting at all private and public approaches on North 19th A venue and Oak Street. 17. All improvements to North 19th Avenue identified in the submittal, and as approved and/or required by MDT, shall be constructed or financially guaranteed with Phase I of the development. No buildings shall be opened prior to completion and Montana Department of Transportation and City acceptance of the improvements. 18. Prior to filing of the plat the applicant shall make full payment for the Oak Street Water Line Payback Area and Baxter Lane/ Hampton Inn Sewer Main Payback Area if at the time of filing of the plat the payback district(s) are created. If the payback district(s) are not created at the time of plat filing, the applicant shall be responsible for the full payment at the time of creation. 19. Prior to filing of the plat for Phase III and/or Phase IV, the applicant shall complete an additional warrant analysis for the intersection of North 19th and Tschache. If a signal is warranted, the plat cannot be filed until such time as a signal and associated intersection improvements are in place or financially guaranteed. 20. Prior to opening of the proposed structures on Lots 2, 5, 8, and 11 all improvements required for Phase I and Phase II of the subdivision shall be constructed and operational including 1) water and sewer main extensions, 2) public/private streets, curb/gutter, BRIDGER PEAKS TOWN CENTER PRELIMINARY PLA T FINDINGS OF FACT AND ORDER Page 9 . . . sidewalks and related storm drainage infrastructure and 3) intersection and signalization improvements to the intersection of Oak Street and North 19th Avenue. 21. All provisions of the Subdivision and Zoning regulations which are not specifically waived in the preliminary approval of the Plat and Plan shall be complied with. 22. 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 and Final Plan approval. This approval period may be extended by the City Commission upon request of the applicant for a period to riot exceed a total of five years. The developmental guidelines and master plan for Phases 3 and 4 shall be approved for a period of five years. The approval of the guidelines may be extended upon request of the applicant to the City Commission. 23. 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. The Final Plan shall conform to all requirements of Section 18.54 of the Bozeman Municipal Code. 24. Water rights shall be provided as agreed to in the annexation agreement filed on Page 080, Film 98 at the Gallatin County Clerk and Recorders Office. 25. The proposed covenants and improvements agreements shall be filed as part of the Final Plat. 26. The proposed covenants shall be filed at the Gallatin County Clerk and Recorder's Office as part of the Final Plat. The City of Bozeman shall be a party to the covenants such that the covenants may not be revoked or substantially modified without the consent of the City of Bozeman. The City shall be party to those provisions of the covenants relating to Lot Access; Easements; Architectural, Signage, and Landscaping Guidelines; and those portions of the Liens section which relates to the maintenance of the required open space. Revocation of Article IV, Easements, shall require either the replatting of the subdivision to provide for public access to all Lots or the filing, with City of Bozeman agreement, of separate easements to provide for the legal and physical access required by Section 76-3-608 M. C. A. and its successors. 27. Tschache Lane and N. 15th Ave. shall be constructed prior to the occupation and use of Lots 12 & 13. 28. As required by the Montana Department of Transportation, a combined traffic impact statement that collectively reviews all impacts and provides alternatives which will protect the integrity and safety of the North 19th corridor shall be prepared and presented to them. Any mitigation required in that study must be completed by the developers, as required by the Department. This study must be completed prior to the filing of the final plat for Phase I, and the findings and requirements of the Department complied with prior to filing of the phase(s) said improvements are required. 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. BRIDGER PEAKS TOWN CENTER PRELIMINARY PLA T FINDINGS OF FACT AND ORDER Page 10 , . DATED this 19th day of Januarv ,1999. BOZEMAN.CITY COMMISSION BY~~~ AI . . tiff, ayor - . ATTEST: ~J~ Robin L. Sullivan Clerk of the Commission BRIDGER PEAKS TOWN CENTER PRELIMINARY PLA T FINDINGS OF FACT AND ORDER Page 11