HomeMy WebLinkAbout99- Homelands Development Company at Harvest Creek
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BEFORE THE BOZEMAN CITY COMMISSION
IN THE MATTER OF THE APPLICATION OF FINDINGS OF FACT
HOMELANDS DEVELOPMENT COMPANY, L.L.C., AND ORDER
FOR PRELIMINARY PLAT REVIEW OF
HARVEST CREEK SUBDIVISION, PHASE I.IV,
CITY OF BOZEMAN,
GALLA TIN COUNTY, MONTANA
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, a public hearing and public
meeting were scheduled, after notice given, before the Bozeman City-County Planning Board on
September 1, 1998, and before the Bozeman City Commission on September 21, 1998, on the above-
entitled application. The purpose ofthe public hearing and public meeting was to review the preliminary
subdivision plat application of Harvest Creek Subdivision, Phase I-IV, to modify a previously approved
Preliminary Plat 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.
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 complete application for the preliminary subdivision plat review of Harvest Creek
Subdivision, Phase I-IV, was submitted to the Bozeman City-County Planning Office on August 6, 1998.
The preliminary subdivision plat, as proposed, will subdivide 84.67 acres ofland to create two hundred
thirty (230) single family residential lots. The residential lots will be served by City of Bozeman water
and sanitary sewer services, and will be accessed from the existing Durston Road, and extensions of
North 27th Avenue and West Oak Street. Approximately 13.65 acres of dedicated park land space is
proposed with this application.
II.
Notice ofthe public hearing before the Bozeman City-County Planning Board and public meeting
before the Bozeman City Commission was published in the Bozeman Daily Chronicle on August 16,
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1998, and the notice was mailed by Certified mail, return receipt requested, to all adjoining property
owners.
III.
The matter of preliminary subdivision plat review was heard before the Bozeman City-County
Planning Board on September 1, 1998. The Planning Staff reviewed the project, including the initial
staff report, and discussed the addition of staff's recommended condition # 13 (cultural resource survey)
and #14 (block lengths) to the previously approved preliminary plat. The Planning Staff also discussed
the proposed land uses permitted under the "R-2-A" zoning designation. The Planning Staff commented
that no public testimony on this matter had been received as of the public hearing before the Planning
Board, with exception of correspondence received from Bonnie Hash, 1204 North 9th A venue, regarding
a concern on reduced lot sizes, adequate park land area, cost -effective infrastructure, and public services.
The Planning Board discussed applicable procedures on considering modifications to a
preliminary subdivision plat approval, park land and open space, and trail delineation across public
streets.
Mark Chandler ofC & H Engineering and Surveying, representing the applicants, Walter Wolfe
and Tim Howard of Homelands Development Co., L.L.C., discussed the developers' proposal and the
modifications to the design of the single-family residential subdivision. Tim Howard, Homeland
Development Co., L.L.C., commented that the modifications were generally driven by the desire to
reduce the lot size of the larger subdivision lots proposed with the first subdivision proposal to make
them more affordable.
IV.
The public hearing portion on this matter was opened, and after three calls for public testimony,
and hearing none, the public hearing portion on the Preliminary Plat application was closed.
V.
After finding that the Preliminary Plat was properly submitted and reviewed under the procedures
of Section 16.08 of the Bozeman Area Subdivision Regulations and was in general compliance with the
Bozeman City Zoning Regulations and Bozeman Area Master Plan, the Planning Board reviewed and
considered the review criteria established in Title 73-3-608, M.C.A., 1993.
The Planning Board considered the recommended conditions prepared by the Planning Staff and
Development Review Committee, and discussed downstream water user rights, relocation of irrigation
water courses, and applicable ditch easements.
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VI.
The Planning Board found that with the attached conditions, the subdivision would comply with
the primary review criteria, and therefore voted 7-0 to fOlWard a recommendation of conditional
approval to the Bozeman City Commission in Planning Resolution No. P-9762A.
VII.
The matter was considered at a public meeting before the City Commission on Monday,
September 21, 1998. The Planning Staff reviewed the project at that time and fOlWarded the Planning
Board's recommendation to the City Commission. Staff discussed modifications to the proposed
subdivision, reduced lot sizes, park land area and improvements, traffic calming devices, and pedestrian
access to the park land. Mr. Tim Howard, on behalf of Homelands Development Co., L.L.c., discussed
the background on the reduced lot sizes, need for affordable lots, and desire to improve the park land
with later phases of the subdivision.
VIII.
The City Commission considered the minutes, public record and recommendation of the Planning
Board, the developer's testimony, and weighed the proposed subdivision against the primary criteria for
subdivisions established in Title 76-3-608, and found as follows:
76-3-608(3)(a):
1) EFFECTS ON AGRlCUL TURE:
Historically, the subject property has been used for agricultural purposes with the majority of the
148+ acre parcel used for cultivating crops or pasture. Soil conditions confirm the site as being
good producing soils for agricultural activity and a viable farm unit. As a result, 148+ acres of
good producing agricultural land will be eliminated from agricultural activity. This is partially
the result of the land owner recognizing the logical urban growth of the community in the
northwest quadrant of the community and the wish to market the property for residential
development.
2) EFFECTS ON LOCAL SERVICES:
The subject property was recently annexed to the corporate limits of the City of Bozeman such
that the property could develop at urban densities and access municipal infrastructure for sanitary
sewer and domestic water, as well as emergency services. Police and Fire protection will be
available to this site. Access to municipal infrastructure is available as noted previously in the
staff report. However, the cost of extending infrastructure to the property will be the sole
responsibility ofthe developer, unless over sizing of water and/or sanitary sewer main capacities
is requested by the City. In such cases, as the proposed "WI" waste water interceptor, the City
of Bozeman will participate in the over sizing of infrastructure.
Prior to installation of municipal infrastructure plans and specifications for the main extensions
must be provided for review and approval by the City Engineer's Office and Montana
Department of Environmental Quality. No building permits shall be issued prior to substantial
completion and City acceptance of the required infrastructure improvements.
The existing roads and intersections in the area ofthis subdivision are not capable of carrying the
additional traffic generated by this development. Improvements to the intersection of North 19th
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Avenue and Durston Road must be completed in order to allow for the safe movement of traffic
in this area. Section 16.18.050.D.7 establishes a minimum function level oflevel of service "c"
for arterial intersections. Currently, this intersection does not meet this standard. The traffic to
be generated by the proposed residential development will further degrade this intersection
without improvements to the geometric design and signalization system..
3) EFFECTS ON NATURAL ENVIRONMENT
No significant physical or topographical features, including significant water courses, wetlands
or floodplain boundaries exist on the property. However, the existing Harmon Ditch is identified
by maps provided by the Montana Department ofFish, Wildlife & Parks as a "stream/ditch",
although water flows are seasonal. Over 13+ acres of this subdivision will be a combination of
open space and park land, and is intended to provide an active park land and linear trail corridor
in conjunction with wetlands enhancement and storm water drainage control on site.
Detention/retention ponds to receive storm water runoff from the local streets have been
designed to be located in the stream corridor and will be established as part of storm water runoff
maintenance plan. No provisions have been included in the applicant's submittal to address the
control of noxious weeds, agricultural fencing or maintenance of park land/open space.
4) EFFECTS ON WILDLIFE AND WILDLIFE HABIT A T
Because the area in question was historically used for cultivating agricultural crops prior to this
development proposal, and no substantial amounts of mature vegetation, bushes or trees exist
on the property in question, no evidence of wildlife or wildlife habitat have been identified.
Therefore, no effects on wildlife and their habitat should occur as a result of the proposed
subdivision.
S) EFFECTS ON PUBLIC HEALTH AND SAFETY
The Bozeman Development Review Committee (D.R.C.) reviewed the application for
Preliminary Plat review of Harvest Creek Subdivision, Phase I-IV, to create 230 single family
residential lots, and as result identified the most significant impact to the area's public health and
safety as being related to the amount of traffic anticipated to be generated by this development.
This specifically involves the impacts to Durston Road and the intersection of Durst on Road and
North 19th Avenue.
6) EFFECT ON AGRICULTURAL WATER USERS FACILITIES
Harmon Ditch and it's tributaries are present on the property. The applicant proposes to relocate
the stream/ditch to its prescribed location in the dedicated park land as part of open space stream
corridor. A 310 permit will be required for the realignment and the necessary easements to allow
for maintenance of the ditch must be delineated and on the Final Plat The applicant will need
to provide a written narrative stating that the proposed relocation of the stream/ditch will not
interfere with any agricultural water user facility and that no irrigation ditches from downstream
water rights currently exist on said property. In no case will the maintenance of the stream/ditch
be the responsibility of the City of Bozeman.
All subdivisions must also be reviewed for the criteria listed in 76-3-608(3)(b) through 76-3-
608(3)(d), M.C.A., 1997, regardless of compliance with master plan status. As a result, the Planning
Office has reviewed this application against the listed criteria and further provides the following summary
revtew:
76-3-608(3)(b) M.C.A.
(i) - Compliance with survey requirements provided in Part 4 of the Montana Subdivision
and Platting Act.
The proposed major subdivision appears to have complied with the survey requirements
in Part 4 of the Montana Subdivision and Platting Act and will be filed in the Gallatin
County Clerk & Recorder's Office with Final Plat review and approval.
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(ii) - Compliance with the local subdivision regulations provided for in Part S of the
Montana Subdivision and Platting Act.
The proposed major subdivision is in general compliance with the Bozeman Area
Subdivision Regulations based on the recommended conditions provided by the Bozeman
Development Review Committee.
(iii) - Compliance with the local subdivision review procedures.
The application generally complies with the subdivision review procedures for a major
subdivision established in the Bozeman Area Subdivision Regulations. Based on the
recommendation of the D.R.C. and other applicable review agencies, as well as public
testimony received, the Bozeman City-County Planning Board shall forward a formal
recommendation in a Resolution to the Bozeman City Commission who will make the
final decision on the proposed major subdivision.
76-3-608(3)(c) M.C.A.
Provision for easements for the location and installation of any planned utilities.
All new facilities (i.e., electricity, gas, telephone, cable) will be installed underground.
Appropriate easements shall be indicated on the Final Plat and the appropriate certificate
on the plat granting the use of the easements to the necessary entities. The Development
Review Committee recommended a condition of Preliminary Plat approval that required
the applicant to clearly identify the thirty (30) foot wide utility easement on the Final Plat
for sewer and water main that are located outside of dedicated public right-of-ways.
76-3-608(3)(d) M.C.A.
Provisions of legal and physical access to each parcel.
Legal and physical access to this application for Preliminary Plat review will occur from
Durston Road, North 27th Avenue, and the future construction of West Oak Street.
Direct access to each individual lot will occur from interior local subdivision streets built
to City standards and located within 60-foot wide dedicated rights-of-way. No direct
access to Durston Road, North 27th Avenue, or the future West Oak Street will be
permitted and shall be noted accordingly on the Final Plat for this subdivision.
ORDER
After considering all matters of record presented at the public hearing and meeting, the
Commission found that the proposed preliminary plat application to modify Harvest Creek Subdivision,
Phase I-IV, will comply with the requirements of the Bozeman Area Subdivision Regulations and the
Montana Subdivision and Platting Act if certain conditions are imposed. The evidence, as specified in
the Staff report and referenced in the Findings of Fact, justifies the conditions imposed on the subdivision
to ensure that the subdivision's effects on the primary review criteria is mitigated by requiring the Final
Plat to comply with all regulations, and that necessary and appropriate easements, public right-of-way,
adequate transportation facilities, infrastructure and public services, and park land are provided.
THEREFORE, IT IS HEREBY ORDERED, on a vote of 4-1, that the Preliminary Plat
application to modify a previously approved Preliminary Plat application to create two hundred and thirty
(230) single family residential lots known as Harvest Creek Subdivision, Phase I-IV, has been found to
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meet the primary criteria of the Montana Subdivision and Platting Act, and is therefore 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 Developer is advised that the subject property is in the SID No. 621 (sewer) Far West
Payback Area. The complete payback for each phase will be required prior to final plat approval
for that phase.
2. All infrastructure improvements required for each phase of the development including water and
sewer main extensions, public streets, curb and gutter, sidewalks fronting parks, open space or
other non-lot frontages and related storm drainage infrastructure improvements shall be
constructed or financially guaranteed prior to final plat approval for each phase. No building
permits for any phase of development will be issued prior to City of Bozeman acceptance
of said infrastructure improvements for that phase. The water, sanitary sewer, storm sewer
and street improvements to be constructed with each phase shall include but may not be limited
to those indicated on the Harvest Creek Phasing Schedule submitted with the preliminary plat.
Should the actual phasing of the subdivision occur in a sequence different from that indicated in
the schedule submitted, the infrastructure improvements required to be in place prior to filing of
the final plat for the new phases shall be reviewed and approved by the City Engineering
Department.
3. Storm Water 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/detention basin location, and locate
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 sites, drainage ways, and lot finished grades), typical
stormwater retention/detention basin and discharge structure details, basin sizing calculations,
and a stormwater maintenance plan.
Any stormwater ponds located within park or open space shall be designed and constructed so
as to be conducive to the normal use and maintenance of the park or open space. Storm water
ponds shall not be located on private lots.
Hydraulic calculations and design for the Harmon ditch must be provided and shall take into
account upstream and downstream culvert capacity as well as the fact that the Farmers Canal
Company may use the ditch as a blow-off at any time and without notice. A hydraulic profile will
be required for the water course to determine the 100 year high water elevations along the
channel. Finish floor elevations above the 100 year flood elevations shall be established on the
final plat.
Detailed review of the final grading and drainage plan and approval by the City Engineer will be
required as part of the infrastructure plan and specification review process.
4. Stream & Ditch information:
a. The comments of the Montana Department ofFish, Wildlife and Parks (FWP), shall be
incorporated into the design of the stream realignment as outlined in their letter of
November 3, 1997.
b. All 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
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Office prior to approval of the related plans and specifications or construction of the
intended work.
c. In accordance with chapter 16.14.130 of the subdivision code, any water course
determined by FWP to be a stream or a ditch/stream shall be provided with a 35'
minimum building set back from either side of the water course high water mark which
shall be delineated on the final plat. The set back must account for any channel
meandering.
d. 20 foot maintenance easements shall be provided for all ditches in the subdivision in
accordance with chapter 16.14.050.
5. The location of and distinction between existing and proposed sewer and water mains and
easements need to be clearly depicted, as well as all nearby fire hydrants and proposed fire
hydrants.
6. The developer's engineer shall prepare a comprehensive design report evaluating existing
capacity of water and sewer utilities. This report shall accompany the plan and specification
submittal for the subdivision infrastructure. 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 full development, the report must identify necessary water system
and sewer system improvements required for full development. The Developer shall be
responsible to complete the necessary system improvements to serve the full development.
The comprehensive design report required must address the fact that this subdivision will
be in the new north pressure zone and shall also address the following:
The number of persons per dwelling unit used for design purposes in the City of
Bozeman is 2.54 as opposed to 2.5.
Minimum pipe diameter for water mains in the City shall be 8 inch unless otherwise
approved by the City Engineer and Water and Sewer Superintendent.
7. Plans and specifications for the water and sewer main extensions prepared by a Professional
Engineer (FE) registered in the state of Montana shall be provided to and approved by City
Engineer for each phase of the development. Water and sewer plans shall also be approved by
the Montana Department ofEnvironmental Quality. The applicant shall also provide Professional
engineering services for construction inspection, post-construction certification and preparation
of mylar record drawings. Construction shall not be initiated on the public infrastructure
for any phase until the plans and specifications for that phase have been approved by the
City Engineer and a pre-construction conference for that work has been conducted. Water
mains shall be fully looped with each phase of development.
8. All proposed water and sewer mains in shall be extended to the property or phase lines to
adequately accommodate future extensions and/or looping. Should installation of infrastructure
necessary for any phase of the development require cutting North 27th Avenue or Oak Street,
a full overlay of the entire street adjacent to the subdivision will be required.
9. With respect to the developer's intentions regarding the financing of the IS-inch sewer main as
outlined in the preliminary plat submittal, the owner/applicant is advised that at a minimum they
are responsible for the full cost of installing the minimum pipe size diameter needed to serve the
development, which may not be less than 8 inches in diameter (irrespective of the capacity
required). Any over sizing cost share agreement must be approved and executed by the City
Commission prior to initiation of any construction of the sewer main extension. The agreement
shall define the terms under and the extent to which the City will participate in the payback of
the oversized portion of the main. The final amount paid by the City will be based on the actual
bid prices obtained and quantities installed by the developer.
The City will pay only for the cost difference between the main size needed to serve this
development and the IS-inch master-planned sewer main. The calculations and assumptions
used to establish the main size required by the development shall be submitted to and approved
by the City Engineer.
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10. Water and sewer mains shall be installed a minimum of six (6) feet clear horizontal distance from
all proposed curb and gutter unless otherwise approved by the City Engineer and Water/Sewer
Superintendent.
11. A detailed Traffic Impact Analysis prepared by a qualified Traffic Engineer registered in the State
of Montana shall be provided to and approved by the City Engineer. The report shall address
existing and projected traffic volumes on all internal and perimeter streets and level of service
evaluations at the following intersections: Durston Road / North 19th Avenue and Oak Street
/ North 19th A venue. The report must specifically address the Level of Service (LOS) under
existing and proposed development for all movements at those intersections and demonstrate
what improvements would be required to maintain LOS C for all movements as well as the
timing ofthose improvements. The report shall also include recommendations for any necessary
off-site roadway improvements. The Traffic Impact Analysis submitted with the preliminary
plat is identified as a "Draft". It is the "Final" Traffic Impact Analysis which must be
submitted to and approved by the City Engineer.
12. As stated in Chapter 16.18.050 D.7. of the Subdivision Code, the design objective for
intersection operation shall be level of service "C" and "...under no conditions will less than level
of service "D" be accepted for site operations. Arterial intersections and turning movements shall
operate at level of service "C" ". Therefore, all improvements necessary to provide a level of
service "C" at the intersections directly impacted by any phase of this subdivision, as identified
by the traffic impact analysis, shall be in place prior to filing of the Final Plat for that phase. The
final character and configuration of the required improvements must be approved by the City
Engineer as part of the Plan and Specification review process. The Final Plat for phase 1 may
not be filed until the improvements necessary to raise the level of service at the intersection
of Durst on Road and 19th Avenue to Level of Service C are designed and constructed or
financially guaranteed as part of an Improvements Agreement with the City of Bozeman.
Pursuant to City Code, no building permits may be issued until those improvements have
been completed, inspected and accepted by the City Engineer. As stated in Chapter
16.18.0S0 0.7. of the Subdivision Code, the design year to be used for those improvements
is IS years.
13. Plans and specifications for the public streets and intersection signalization improvements,
including curb, gutter and sidewalk and related storm drainage infrastructure improvements,
prepared by a Professional Engineer (P.E.) registered in the state of Montana shall be provided
to and approved by City Engineer for each phase of the development. In addition, the required
intersection improvements shall be designed by a qualified Traffic Engineer. The street
improvements which are required to be in place for each phase of development shall be those
described in the approved Traffic Impact Analysis and the Harvest Creek Phasing Schedule
submitted with the preliminary plat and as further specified in these conditions. The applicant
shall also provide Professional engineering services for construction inspection, post-
construction certification and preparation of mylar record drawings. Construction shall not be
initiated on the public infrastructure for any phase until the plans and specifications for that phase
have been approved by the City Engineer and a pre-construction conference for that work has
been conducted.
14. Block lengths shall be designed to comply with the requirements of 16.14.030 of the Bozeman
Area Subdivision Regulations unless a deviation or variance is granted by the governing body,
i.e., block length shall not be designed to be more than 1200 feet or less than 400 feet unless
otherwise approved by the governing body.
15. The applicant shall document all utility obstructions/conflicts and address their impact on the Oak
Street and North 27th Street alignments. The recommended timing of the improvements to Oak
Street and North 27th Avenue shall be included in the Final Traffic Impact Analysis and Harvest
Creek Phasing Schedule, both of which must be approved by the City Engineer. Detailed design
of the intersection of Oak Street and North 27th Avenue shall be reviewed and approved
by the City Engineer as part of the plan and specification review process for Phase III.
16. Construction of city standard sidewalks one foot from the property line and adjacent to Durston
Road will be required prior to final plat approval for each phase abutting Durston Road.
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17. Where project phasing results in dead end streets, temporary cul-de-sacs shall be designed and
constructed with each phase. A SO' radius temporary easement must be obtained and filed with
the County Clerk and Recorder's Office. The actual temporary cul-de-sac shall be of gravel
construction and a have a minimum finished surface of 3S' radius.
18. Easements for the water and sewer main extensions shall be a minimum of30 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 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 plans and specifications for the utility located within the subject easement.
19. All sewer manholes located outside of an improved surface shall be made accessible for
maintenance purposes by constructing a 12 foot wide, all weather access road capable of
supporting the City's maintenance equipment.
20. All existing easements shall be correctly shown on the preliminary plat. Any existing easements
which are to be abandoned, must be abandoned prior to filing of the final plat for Phase 1 of the
subdivision.
21. That the appliCant install stop signs at all intersections with county maintained roads prior to
Final Plat approval.
22. That the applicant obtain encroachment permits from the County Road Office for all accesses
on county maintained roads.
23. That a one foot wide "No Access" strip be delineated and noted on the Final Plat for all lots
fronting onto Durston Road prior to Final Plat approval.
24. That the applicant execute at the Gallatin County Clerk & Recorder's Office a waiver of right-to-
protest creation of future RI.D.'s prior to Final Plat approval.
25. That the applicant improve Durston Road at all intersections will local subdivision streets for this
development, as well as the North 19th Avenue intersection.
26. That the Final Plat shall comply with Section 16.10.030 of the Bozeman Area Subdivision
Regulations, and shaUinclude all appropriate documents, certificates, and be accompanied by all
appropriate documents, including a Platting Certificate. Two mylar and two clothback 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 1/2" floppy disk.
27. That the applicant obtain Montana Department of Environmental Quality approval of the
subdivision prior to Final Plat approval pursuant to Section 16.16.101 through 16.16.805
ARM. .
28. That all references on the Preliminary Plat and Final Plat for the proposed major subdivision be
referred to as "Harvest Creek Subdivision, Phase I-IV.
29. That the applicant execute at the Gallatin County Clerk & Recorder's Office documents for the
creation of a home owner's association, containing protective covenants, restrictions and articles
of incorporation for Harvest Creek Subdivision, identifying at a minimum the items outlined in
the staff report, for review and approval by the Planning Office prior to Final Plat approval.
30. That the applicant obtain written approval from the Bozeman Recreation and Parks Advisory
Board regarding the design and location of the dedicated park land for said major subdivision
prior to final Plat approval.
31. That utility easements as prescribed by the Subdivision Regulations be provided on the Final Plat.
32. That the applicant determine with the City Engineer's Office if Daffodil Street should be
identified as a "street" or "avenue" on the Final Plat.
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33. The applicant shall provide documentation of executing at the Gallatin County Clerk &
Recorder's Office a waiver of right- to-protest creation ofR.I.D.'s.
34. The Final Plat shall delineate the thirty-five (35) foot stream setback from Harmon Ditch.
35. That the applicant comply with dedicated park land requirements as set forth in Section
16.14.090 ofthe Bozeman Area Subdivision Regulations, that retention/detention ponds will not
be calculated as part of the dedicated park lands, and that all retention/detention ponds located
in the dedicated park land be constructed with a slope of not more than 1:4.
36. That the applicant install a linear trail system located along the linear park land with each phase
of the subdivision that complies with the trail standards established by the Bozeman Parks and
Recreation Advisory Board, prior to Final Plat approval of each subdivision phase.
37. That the applicant execute a park maintenance district for review and approval by the City of
Bozeman for maintenance and upkeep of the dedicated park land and trail system prior to Final
Plat approval.
38. That the applicant prepare a cultural resource survey of the farmstead on said property for
submittal with the final plat application for review by the Historic Preservation Officer, and that
the applicant give consideration to incorporating the existing farmstead into the overall design
of the residential subdivision instead of removing the structures from the site.
39. All subdivision block lengths shall be designed to comply with the requirements of16.14.030 of
the Bozeman Area Subdivision Regulations. The applicant shall install a traffic' calming device
along both sides of Hunter' sWay at the midway point between the future extension of West Oak
Street and Annie Street, that also includes a twenty-foot (20) wide public pedestrian access park
land corridor, moved southward per the recommendation of the Recreation and Parks Advisory
Board, to provide a link between the park land and the linear park with both Hunter's Way from
the west and Buckrake A venue from the east, for review and approval by City Staff prior to Final
Plat approval of Phase IV.
40. That the Final Plat contain the following language that is readily visible on the plat placing future
land owners of individual lots on notice of the presence of high groundwater in the area of the
subdivision for review and approval by the Planning Office:
"Due to relatively high ground water table within the areas of the subdivision, it
is not recommended that residential dwellings with full basements be constructed
without first consulting a professional engineer. If daylight basements are
incorporated in the construction of residential dwellings, they should not have a
depth greater than (3) three feet below the top of the curb of the street from
which it is served.".
41. That the developer shall enter in an Improvements Agreement with the City of Bozeman
guaranteeing the completion of all improvements in accordance with the Preliminary Plat
submittal information and conditions of approval. If the Final Plat is filed prior to installation of
all improvements, the developer shall supply the City of Bozeman with an acceptable method of
security equal to one hundred fifty (150) percent of the cost of the remaining improvements.
42. That the developer shall have three (3) years from the date of Preliminary Plat approval to
complete the conditions of preliminary plat approval and apply for Final Plat approval for Phase
I-IV; and
43. That the applicant submit with the application for Final Plat review and approval of Harvest
Creek Subdivision a written narrative stating how each of the conditions of Preliminary Plat
approval have been satisfactorily addressed.
The preliminary approval of this subdivision shall be effective for three (3) years from the date
of Preliminary Plat approval, September 21, 2001. At the end of this period the City Commission may,
at the request of the subdivider, extend its approval for not more than one (1) calendar year. However,
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preliminary approval may be extended for more than one (1) calendar year if the developer enters into,
and secures, an Improvements Agreement for the Subdivision.
DATED this 17th day of May 1999.
BOZEMAN CITY COMMISSION
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Alfre . Stiff, Mayor
ATTEST: APPROVED AS TO FORM:
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Robin Sullivan, Clerk of the Commission
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