HomeMy WebLinkAbout96- Donald Hannah at Sundance Springs
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BEFORE THE BOZEMAN CITY COMMISSION
CITY OF BOZEMAN, MONT ANA
IN THE MATTER OF THE APPLICATION OF FINDINGS OF F ACT
DONALD HANNAH FOR PRELIMINARY SUBDIVISION AND ORDER
PLAT APPROVAL OF SUNDANCE SPRINGS PLANNED
UNIT DEVELOPMENT SUBDIVISION, PHASE I, AND
FOR CONDITIONAL APPROVAL OF A ZONING
PLANNED UNIT DEVELOPMENT
PURSUANT to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-
614, Montana Codes Annotated, the Bozeman Area Subdivision Regulations, and the Bozeman
Zoning Ordinance, public hearings were held, after notice given, before the Bozeman City-County
Planning Board on Oetober 17, 1995, and before the Bozeman City Commission on November 20,
1995, on the above-entitled applications. The purpose of the public hearings was to review the
preliminary applications for the Sundance Springs Zoning Planned Unit Development and for the
Phase I subdivision thereof, as submitted by the applieant, together with the required supplementary
plans and information, to determine if the information submitted meets the requirements of the
BozCffian Area Subdivision Regulations, Montana Subdivision and Platting Act, Bozeman Zoning
Ordinance, and the Bozeman Area Master Plan, and in addition, to listen to and consider public
testimony concerning the applications and to consider written comments.
It appeared to the City Commission that all parties wishing to appear and comment were
given a reasonable opportunity to do so, and as the City Commission was fully advised of all matters
having come before it regarding these applications, makes the following Findings of Fact, as
required:
FINDINGS OF FACT AND ORDER-- SUNDANCE SPRINGS P.U.D. PAGE 1
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FINDINGS OF FACT
I.
The application for a Conditional Use Permit for a zoning Planned Unit Development
(P.U.D.) for the phased development of 147.23 acres and the subdivision preliminary plat for the
fIrst subdivision phase to divide 72.2 acres into residential and neighborhood service lots, common
open space, and public streets, was made on September 1, 1995. The applications were made on
property located in the NE~ of Section 25, T2S, R5E, PMM, and the NWv.. of Section 30, T2S,
R6E, PMM, Gallatin County, Montana. The lots will be served by City of Bozeman water and
sewer services, and will be accessed from South Third A venue and Goldenstein Lane.
II.
Notices of the public hearings before the City-County Planning Board and the Bozeman City
Commission were published in the Bozeman Daily Chronicle on October 1, 1995 (for Zoning PUD)
and October 5, 1995 (for preliminary plat). The notice of the Zoning PUD were mailed to all
property owners within 200 feet of the subject property, and the notice of the preliminary plat
hcaring was mailed by CertifIed mail, return receipt requested, to adjoining property owners on
September 29, 1995.
III.
The matter was heard before the Bozeman City-County Planning Board on October 17,
1995. Ten members ofthe public testifIed against the application with concerns regarding high
groundwater levels, loss of open space, buffering from adjacent properties, traffic impacts,
premature annexation, lack of city streets connecting to the site, the use of substandard streets, loss
of wildlife habitat, building foundations in relation to groundwater, and sewer capacity.
FINDINGS OF FACT AND ORDER.,- SUNDANCE SPRINGS P.U.D. PAGE 2
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The developer agreed with all conditions recommended in Planning Staff Report Z-95l25/P-
9539 with the exception of the conditions requiring the construction of city standard streets within
the development, and the realignment of Graf Street.
IV.
After finding that the applications were properly submitted and reviewed under the
procedures of the Bozeman Zoning Ordinance and Bozeman Area Subdivision Regulations, the
Planning Board reviewed and considered the 14 review criteria to be considered during review of
Planned Unit Developments, the six criteria established in Section 18.53.030 of the Bozeman
Zoning Ordinance to be considered during review of a Conditional Use Permit, and the six criteria
established in Title 76-3-608, M.C.A. for the review of preliminary subdivision plats. The Planning
Board also considered the testimony from the developer and the public.
Following their review, a majority of Planning Board members found that the applications
did not comply with each of the approval criteria established, with specific concerns noted regarding
construction in areas of high groundwater, effects on wildlife habitat, and the cumulative effeets of
the subdivision on sewer, traffic and groundwater.
Based on their review and findings, the Planning Board, on a vote of 6-2, referred the
Conditional Use PermitJPlanned Unit Development application, and on a vote of7-1, referred the
Preliminary plat application to the Bozeman City Commission for their final decision with a
recommendation of denial for both applications.
FINDINGS OF FACT AND ORDER -- SUNDANCE SPRINGS P.U.D. PAGE 3
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V.
The applications were seheduled to be considered by the Bozeman City Commission at
public hearings on November 6, 1995. At the request of the applicant, the Commission opened the
November 6, 1995 public hearings, acknowledged receipt of one letter in support ofthe application,
and continued the public hearings until November 20, 1995.
VI.
The matter was considered by the City Commission at public hearings on November 20,
1995. Eight members of the public spoke in favor of the applications noting: the benefit of the
proposed public trails; the benefit of development of the land with city water and sewer services;
the addition to the tax base; the need for larger lots with city services; the need for residential
development in close proximity to Montana State University and public schools; and that 48% of
the site is left in open space.
Seventeen members of the public spoke in opposition to the applications noting: impacts
on mammals and birds; there are no city streets serving the development; only 12% of the
development border is touched by the City; there are three streams and jurisdictional wetlands on
the property; high water table; insufficient data on hydrology; discrepancy between topography
maps and groundwater monitor site maps; non-point souree pollution to wells north of the
development; groundwater concerns; the softening of the real estate market; and that the project did
not comply with all P.U.D. review criteria.
The public testimony portion of the public hearings was closed by the CityCornmission, and
their decision on the project was continued to their 3:00 p.m. meeting on December 4, 1995.
FINDINGS OF FACT AND ORDER -- SUNDANCE SPRINGS P .U.D. PAGE 4
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VII.
At their December 4, 1995 meeting, the Bozeman City Commission eonsidered the minutes,
record and recommendation of the Planning Board and the public testimony received at the
November 20, 1995 hearings. The Commission specifically reviewed P.U.D. All Development
Criteria Nos. 2, 3, 4,5,9, 12, 13, 15, 17, 19,23,25,30, and 35, and P.D.D. Residential Criteria No.
6. The Commission further reviewed: groundwater data and mitigation measures; open space, park
and wetland issues; effects of fences; street standards and alignments; lighting details; fire
mitigations; water and sewer services; RID and SID waivers; affordable housing; maintenanee of
the internal roads; and the ability for the city to use the open space area for domestic water wells.
The City Commission weighed the proposed Phase 1 subdivision against the review criteria
established by State Statute. The Commission further consulted the developer concerning the
proposed conditions and gave due weight and consideration to the expressed preferenced of the
developer. The Commission found as follows:
AGRICULTURE:
The property is currently used for grain production and grazing. The subdivision will
remove 72+ acres from agricultural production. However, the property is located in the
Urban Growth Area of the Bozeman Area Master Plan, where development is expected to
occur within the next 20 years.
AGRICULTURAL WATER USER FACILITIES
The subdivision proposes to relocate an existing irrigation ditch. This relocation should not
affect the agricultural water user facilities, as the enter and exit points of the ditch will
essentially remain the same, as will the flow of water.
LOCAL SERVICES:
Fire Service: The use of 24-foot county standard roads will provide unobstructed road
widths for emergency services. Per the Fire Chiefs April 1, 1994 letter to the developer,
and the Fire Marshall's October 3, 1995 Memorandum, all commereial properties shall be
FINDINGS OF FACT AND ORDER-- SUNDANCE SPRINGS P.D.D. PAGE 5
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fully protected with approved fIre sprinkler systems, due to the excessive travel time from
Bozeman Fire Station No.2. The need for mitigation to the long fIre department response
times which are probable prior to the time new fIre station facilities may be constructed
nearer to this area, such as, but not limited to, sprinklering of residential dwelling structures,
shall be discussed by the developer with the Fire Chief, and any necessary mitigations
identifIed by the Fire Chief will be provided by the developer.
Police Service: The City will provide police service for this newly annexed area.
Bozeman School District: Based on comments reeeived from the Bozeman School District,
this subdivision will not create immediate effects on their services.
Streets: The county street standard proposed by the developer will provide adequate access
within the subdivision. Graf Street should not be constructed to a city-standard nor should
the street be straightened, as the proposed construction and confIguration will better deter
higher speed through traffic through the development.
The traffic from the development will impact the intersection of South Third/Graff
Wagonwheel Road, and the developer should reimburse the city a prorata portion of the cost
of the improvements previously completed by the City.
The traffic from the development will also impact the intersection of South Third and
Goldenstein Lane. These impacts can be mitigated by the developer providing neeessary
right-of-way for the realignment of the intersection and by completing the realignment
construction.
Water: Water is available through major water main extensions, which must be extended by
the developer at the developer's expense. A booster pump may be required in the southwest
comer of the development to ensure adequate pressure. The provision of water rights or
cash-in-lieu thereof must be provided for phase 1.
The provision by the property owner to the City of a "Right of Entry" form granting the City
of Bozeman access to all open space areas of the subdivision for the drilling of a well or
wells for drinking water supply will provide the City with a future avenue of water supply,
if needed.
Sewer: Sanitary sewer mains will be installed for this development. A Design Report
prepared by the developer's engineer will be required that studies the existing sewer main
capacities that will serve this subdivision. Any bottlenecks in the system must be corrected
by the developer.
Other Services: Power, postal, telephone and gas services can be provided to the property.
FINDINGS OF FACT AND ORDER -- SUNDANCE SPRINGS P .D.D. PAGE 6
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NATURAL ENVIRONMENT:
Physical constrains exist on the property, as were fIrst identified during the annexation
process. Mitigations of the effects on the natural environment will include: I) the
preparation of a Design Report by the developer's engineer that addresses roadway design
sections and more specifIc soils information; 2) a 50-foot minimum stream setback on all
streams; 3) 404 permits for wetland enhancement; 4) Flood Plain Development Permits; 5)
no construction within the 500 year flood plain; 6) the installation of clay or concrete cutoff
walls along all sanitary sewer lines and water lines to impede ground water migration along
public utility trenches; 7) limiting mowing within the Type I Management Areas; 8) and a
recommendation in the covenants that organic fertilizer be used instead of chemical
fertilizer.
Limiting construction in the southeast corner of the development would provide additional
open space and a better view corridor north from Goldenstein Lane along the Sourdough
Trail. The developer will provide the City with a "first right of refusal" for the purchase of
all or any portion of the 16 lots proposed along Sweet Water Drive, at the time that phase
of the development is fInalized.
WILDLIFE AND WILDLIFE HABIT A T:
The development will leave 48% of the property in open space. As with any development
of open space, wildlife and wildlife habitat will be affected to some degree. Wetland
enhancement will be provided by the developer, which will include one pond a minimwn
of one acre in size. The developer's wetland consultant will consult with the Montana
Department of Fish, Wildlife & Parks during the design of the wetland enhancement plan.
A minimum 50 foot stream setback, which is 15 feet wider than required, will be provided.
Mowing will be limited in the Type I Management Areas to provide better coverage for
wildlife and birds.
PUBLIC HEALTH AND SAFETY:
There will be effects from the volume of traffic added to the existing road systems. The use
of 24-foot wide interior streets should slow traffic and limit through traffic. The developer
will make improvements to the intersection of South Third A venue and Goldenstein Lane,
and sign waivers of right to protest SIDslRIDs for future improvements in the area.
Due to the high ground water on the property, residences with basements are strongly
diseouraged in the Covenants, and a notation will be added to the subdivision plat informing
buyers of the potential for high ground water. Further reference in the foundation design
section of the Covenants regarding the potential for certain lots as having high ground water
will also refer to lots bordering the open space in Block 4 west of the open space area.
FINDINGS OF FACT AND ORDER -- SUNDANCE SPRINGS P.U.D. PAGE 7
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COMPLIANCE WITH SURVEY REQUIREMENTS OF PART 4. CHAPTER 3. MONTANA
SUBDIVISION AND PLATTING ACT (76-3-401 -76-3-406:
The subdivision shall comply with the survey requirements of this statute.
COMPLIANCE WITH THE BOZEMAN AREA SUBDIVISION REGULATIONS AND
SUBIDIVISION REVIEW PROCEDURES:
With certain conditions, the subdivision will comply with the Bozeman Area Subdivision
Regulations. Having been properly and completely submitted, and required public hearings
held, the subdivision complies with the subdivision review procedures.
PROVISION OF EASEMENTS FOR THE LOCATION AND INSTALLATION OF PLANNED
UTILITIES:
The subdivision will provide necessary easements for the location and installation of planned
utilities.
PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEL WITHIN THE
SUBDIVISION:
Legal and physical access to each parcel within the subdivision will be from internal
subdivision roads. No direct access to Goldenstein Lane or South Third Avenue will be
pennitted, and the required notation of that access restriction will be placed on the final plat
of the subdivision.
ORDER
After considering all matters of record presented at the public hearings and meetings, which
is on record in the Clerk of the Commission's Office, the Bozeman City Commission found that
the proposed Zoning Planned Unit Development for application Z-95l25 to develop 147.2 acres
for 141 single-family residential lots and 6.18 acres of neighborhood service uses, and Preliminary
Subdivision application P-9539 for Phase 1 of the Sundance Springs Planned Unit Development
to create 67 lots for single-family residential use, two lots totaling 6.18 acres for neighborhood
service uses, streets, and open space, could comply with the Bozeman Area Subdivision Regulations,
Bozeman Zoning Ordinance, 1990 Bozeman Area Master Plan Update, and Montana Subdivision
FINDINGS OF FACT AND ORDER -- SUNDANCE SPRINGS P.U.D. PAGE 8
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and Platting Act if certain conditions are imposed on the project. The evidence that justifies the
conditions is that the subdivision must comply the above-referenced documents, and adverse
impacts created by the subdivision, which require mitigation, justify the imposition of the conditions
below.
THEREFORE, IT IS HEREBY ORDERED that the subject development be approved,
subject to the conditions listed below. This City Commission order may be appealed by bringing
an action in the Eighteenth District Court of Gallatin County, within 30 days after the adoption of
this document by the City Conunission, by following the procedures of Section 76-3-625, M.C.A.
1. Preliminary plan/plat approval does not exempt the developer from impact fees which may be
established at a later date which are based on final plat approval or building permit approval. Final
plan/plat approval shall be subject to any impact fees which may be implemented prior to said final
plan/plat approval. Development of individual lots shall be subject to any impact fees applicable
to building permit applications implemented with any impact fee policy prior to building permit
approval.
2. Seven copies of the Final Site Plan for the Zoning Planned Unit Development which contains
all of the conditions, corrections, and modifications approved by the City Commission which are
applicable to it shall be approved by the Planning Director within three years following the approval
of the preliminary plan by the Bozeman City Commission. Upon application and for good cause,
the Planning Director may administratively extend the period for filing a final site plan for two
successive six-month periods. Any additional six-month extensions must be approved, if at all, only
by the Planning Board. The final site plan shall comply with Section 18.54.060@ of the Bozeman
Zoning ordinance, as printed in the 9-93 Codifieation of the Bozeman Municipal Code, and shall
be adequately dimensioned. The final site plan must be approved prior to Final Subdivision Plat
approval.
The applicant shall enter into an Improvements Agreement with the City to guarantee the installation
of required on-site improvements at the time of Final Site Plan submittal. These improvements will
include those identified with each subdivision phase, including sidewalks fronting parks, open space,
rear yard frontages, or other non-lot frontages, and landscape and trail improvements. Detailed cost
estimates, construction plans, and methods of security for on-site improvements shall be made a part
of that Agreement. All required infrastructure and site improvements for Phase 1 shall be completed
within two years after final approval.
FINDINGS OF FACT AND ORDER-- SUNDANCE SPRINGS P.U.D. PAGE 9
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3. Preliminary Subdivision Plat approval must be granted for each phase of the development, with
the final plat filed prior to the sale of any homesites within each phase. A building permit will not
be issued for any new construction within each phase until the final plat is filed and infrastructure
improvements are completed and accepted.
4. The Final Subdivision Plat shall conform to the Uniform Standards for Final Subdivision Plats,
contain all appropriate certificates, page titles, and be accompanied by all appropriate documents,
including a Platting Certificate. A digital copy of the final plat, on a double sided, high-density 3 ~
inch floppy disk, shall be submitted with the final plat application. The Final Subdivision Plat must
be approved within three years from the date of preliminary plat approval by the Bozeman City
Commission. Prior to the expiration date, the subdivider may submit a letter of request to the
Planning Director for a one year extension. Thereafter, the City Commission may approve an
extension for not more than one additional calendar year.
The Final Subdivision Plat may not be filed until the Final Site Plan is approved. If it is the
developer's intent to file the final subdivision plat prior to the completion of all required subdivision
improvements, whieh includes, but is not limited to, interior streets, curb, gutter, water and sewer,
pedestrian conveyance along South Third and Goldenstein, sidewalks fronting parks, open space,
rear yard frontage, or other non-lot frontages, and storm water infrastructure, a Subdivision
Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the
completion of all required Phase 1 improvements in aecordance with the Preliminary Plat submittal
information and conditions of approval. If the Final Subdivision Plat is filed prior to the installation
of all improvements, the developer shall supply the City of Bozeman with an aceeptable method of
security equal to 150% of the cost of the remaining improvements. Under no circumstances will
building permits be issued prior to acceptance of subdivision infrastructure improvements (i.e.
water, sewer, streets).
The Final Subdivision Plat submittal must include a separate open space landscape plan for Phase
1 which details the location and species of vegetative plantings and trail improvements for review
and approval by the Planning Office prior to final plat approval. The plan must show that all street
intersection sight triangles will be free of plantings which at mature growth will obscure vision
within the sight triangle.
5. Approval of the Final Subdivision Plat from the Subdivision Program of the Montana
Department of Health and Environmental Sciences Water Quality Bureau must oecur prior to Final
Subdivision Plat approval, pursuant to Section 16.16.101 through 16.16.805, ARM. Notification
of that approval must be submitted with the final plat.
6. A Storm water Drainage/Treatment Plan for a system designed to remove solids, silts, oils,
grease, and other pollutants must be provided to and approved by the City Engineer prior to
infrastructure construction. The plan must demonstrate adequate site drainage (including sufficient
spot elevations)" the hydraulic and drainage treatment properties of the proposed vegetated roadway
FINDINGS OF FACT AND ORDER -- SUNDANCE SPRINGS P.U.D. PAGE 10
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swales, storm water detention/retention basin details (including basin sizing and discharge
calculations, and discharge structure details), and storm water discharge destination. Sufficient
storm water systems shall be designed and constructed to support each phase of development.
A storm water drainage/treatment facilities plan must be prepared and submitted to the City
Engineer for approval. The Plan must include the following provisions: description of maintenance
operations, frequency of inspections and maintenance, responsible parties, and record keeping
methodology. It will ultimately be the responsibility of the Homeowner's Association to ensure that
the Maintenance Plan is consistently enforced. It is further recommended that implementation of
the plan be included in the covenants and therefore, a condition of plat approval.
7. A site grading plan shall be prepared as a supplement to the project improvement drawings,
which includes, at a minimum, existing contours, contours after the street is constructed but before
development grading, spot elevations and flow directional arrows. The plan must demonstrate
adequate drainage to an acceptable discharge device, and should be used to establish street and
building foundation grades. If the grading design discloses any adverse impact to off-site properties,
necessary design alterations and/or drainage conveyance devices and easements must be provided.
8. Plans and specifications for all water, sewer, and storm sewer main extensions, as well as public
and private streets (including curb, gutter, and sidewalks/pedestrian conveyances) prepared by a
Professional Engineer (PE) licensed in the state of Montana shall be provided to and approved by
the City Engineer, and where applicable, the County Road Superintendent. Water and sewer plans
shall also be approved by the Montana Department of Environmental Quality. The applicant shall
provide Professional Engineering services for Construction Inspection, Post-Construction
Certification, and preparation of Mylar Record Drawings. Speeific comments regarding the existing
and proposed infrastructure shall be provided at that time. Construetion shall not be initiated on the
public infrastructure improvements until the plans, specifications and shop drawings have been
approved and a preconstruction conference has been conducted.
Any proposed sewer lift stations or water booster stations, as well as the location of existing and
proposed water and sewer mains and fire hydrants shall be shown on the final Site Plan. Proposed
main extensions shall be noted as such.
Proposed water mains on South Third and Goldenstein Lane shall be installed and accepted by the
City of Bozeman as part of the first phase to satisfy the requirement of a looped water system.
Additional, required, internal water main looping will be addressed during the water and sewer plan
reviews. Project infrastructure phasing, including all utility phasing, shall be clearly shown during
plan and specification review to ensure adequate water looping requirements.
No sewer or water stubs shall be installed on the sewer and water mains in Goldenstein Lane except
those necessary to serve the Sundance Springs development and those necessary at or near the
intersection of South Third A venue and Goldenstein Lane.
fINDINGS Of fACT AND ORDER-- SUNDANCE SPRINGS P.D.D. PAGE 11
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To impede ground water migration along public utility trenches, clay or concrete cutoff walls shall
be installed along all sanitary sewer lines and water lines within the development and along the
extension of the sewer line connecting with the existing sewer in Graf Street through Grafs Fourth
Addition. The location of the cutoff walls shall be subject to review and approval of the City
Engineer.
9. All infrastructure improvements including I) water and sewer main extensions, and 2) public and
private streets, curb/gutter, sidewalks fronting parks, open space, rear yard frontage, or other non-lot
frontages, and related storm drainage infrastructure improvements shall be constructed for each
phase prior to final plat approval of each phase. No building permits will be issued prior to
acceptanee of subdivision infrastructure improvements.
City standard residential sidewalks (including a concrete sidewalk section through all private drive
approaches) shall be constructed on all public and private street frontages of a property prior to
occupancy of any structure on the property. Upon the third anniversary of the plat recordation of
any phase of the subdivision, any lot owner who has not constructed said sidewalk shall, without
further notice, construct within 30 days said sidewalk for their lot(s), regardless of whether other
improvements have been made upon the lot. This condition shall be included on the face of the final
subdivision plat and in the covenants.
10. Easements for the water and sewer main extensions, where needed, shall be a minimum of 30
feet in width, with the utility located in the center of the easement or standard locations, with the
possible exception of the water mains on South Third and Goldenstein Lane. All existing and
proposed utility easements shall be shown on the final subdivision plat and the final site plan, and
utility easements shall be in the location required by the subdivision regulations unless a utility
company requests otherwise. A blanket utility note may not be used; each lot must show all utility
easements.
11. The fmal plat shall show all public access easements for the trails. Public access easements for
all trails in the entire PUD shall be filed prior to final plan approval.
12. With regard to Ditch Relocation:
a. The Montana Department of Fish, Wildlife and Parks shall be contacted by the
applicant regarding any proposed ditch/stream reloeation and any required permits
(i.e., 310, 404, Turbidity exemption, etc.) obtained prior to final improvement plan
approval.
b. The applicant shall obtain written permission from the ditch owner for any proposed
relocation or creation of any ponds therefrom.
FINDINGS OF FACT AND ORDER-- SUN DANCE SPRINGS P.U.D. PAGE 12
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13. With regard to flood plain:
a. A Flood Plain Development Permit must be obtained from the City Engineer prior
to approval of any work within the flood plain.
b. The 100 year flood plain boundary and flood elevations must be depicted on the final
improvement plan.
c. Culvert sizing design calculations shall be provided for the stream crossing.
d. All buildings must be flood-proofed to at least two feet above the 100 year flood
elevation. Elevation Certificates must be provided for each building following
completion of construction.
14. The Montana Department of Environmental Quality, Water Quality Bureau, shall be contacted
by the applicant to determine if a Storm Water Discharge Permit is necessary. Written notification
of the need or no need for the permit shall be submitted with the eonstruction drawings. If a permit
is required by the State, the developer shall demonstrate to the City full permit compliance.
15. The developer's Professional Engineer, licensed in the State of Montana, shall be required to
prepare a comprehensive Design Report evaluating existing capacity of water and sewer utilities.
The report must include detailed hydraulic evaluations of each utility for both existing and post-
development demands for each phase of development. 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 neeessary system improvements to serve the full
development.
The Design Report shall also include a roadway design section. The Report must include an
analysis of the on-site and future public right-of-way soil conditions, special grading
recommendations, roadway bearing capacities, the impacts of groundwater on the design, projected
traffic loadings, and street sectionCs) design. The design must incorporate the findings of an
independent on-site soils investigations, existing groundwater monitoring investigations, and the
findings of the April 27, 1995 SCS study.
The developer shall be responsible to increase the capacity of the 12" sewer extending between the
intersections of Tracy/Hoffman and Mason/South Willson, in addition to one section of8" sewer
in Fairway Drive, south ofKagy Boulevard, which will be over capacity with the first phase of the
subdivision. It will be the responsibility of the developer to increase the capacity of the described
pipelines to adequately convey sewage effiuent from the total future development, Le. all phases
combined.
FINDINGS OF FACT AND ORDER -- SUN DANCE SPRINGS P.U.D. PAGE 13
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The developer shall be responsible to have designed and constructed a booster system to provide
adequate pressure and volumes to the lots in the westerly portion of the project that may be impaeted
by potential inadequate water pressure in the City's water system. The system shall be subject to
review and approval by the City Engineer and shall be adequately addressed in the Design Report.
16. The developer shall provide the City of Bozeman a minimum 30 foot wide sewer easement
extending along Graf Street from the north terminus of Phase I to the northerly property boundary
of the development. The easement shall follow the future alignment of Graf Street. The developer
shall also cause to be provided to the City of Bozeman a minimum 30 foot wide sewer eaSCffient
extending along the future alignment of Graf Street from the northerly property boundary to the
existing sewer main in existing Graf Street, north of the proj ect.
17. A 50 foot wide right-of-way shall be dedicated for the realignment of the intersection of South
Third Avenue and Goldenstein Lane. A full 100 foot right-of-way shall be dedicated in the area
where the future road falls entirely within the project site. A 45 foot wide right-of-way dedication
for Goldenstein Lane shall also be provided along the section of Goldenstein Lane adjoining Phase
1. A 20 foot wide right-of-way shall be dedicated along South Third Avenue for the entire length
of the development (except where additional right-of-way is required). The widths of the right-of-
way dedications for South Third A venue and Goldenstein Lane shall be clearly indicated on the final
plat.
18. The realignment of the roadway and intersection of South Third Avenue and Goldenstein Lane
shall be funded and constructed by the developer, at standards approved by the County Road
Superintendent. Improvements consistent with the City's G.O. Bond Issue project for South Third
A venue shall be construeted by the developer for that portion of South Third A venue to be realigned
near Goldenstein Lane, at standards approved by the City Engineer and County Road
Superintendent. These improvements shall be constructed prior to final plat approval of Phase 1,
unless included in a Subdivision Improvements Agreement. Building permits for the project will
not be issued for any lots within Phase I even if included in an hnprovements Agreement. These
improvements must be completed prior to home or commercial eonstruction in Phase 1. The
developer shall obtain any wetland permits required concerning the realignment and road
improvements.
19. Provisions for pedestrian conveyance along South Third Avenue and Goldenstein Lane shall
be provided by the developer. These provisions must meet with the County Road Supervisor's
approval, and shall be completed prior to final plat approval of Phase 1. These improvements may
be financially guaranteed through an Improvements Agreement, and if so guaranteed, will not
impede the issuance of building permits within the project. However, the improvements must be
completed within the time period allowed in the Subdivision Improvements Agreement.
20. Internal streets within the subdivision shall be contained within 70 foot wide rights-of-way and
shall be constructed to the 24-foot standard proposed in the submittal.
FINDINGS OF FACT AND ORDER-- SUN DANCE SPRINGS P.D.D. PAGE 14
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21. Graf Street shall continue through the projeet and not change names at the intersection with
Peace Pipe Drive (i.e. eliminate reference to Wind Flower Drive), and shall terminate at Morning
Sun Drive. The "South" designation" shall be dropped from Graf Street references.
22. There shall be no centerline offset at the intersection of Wind Flower Drive and Peace Pipe
Drive.
23. The word "future" shall be deleted from the "future sewer easement" between Lots 4 and 5,
Block 8, on the final plat.
24. Encroachment permits shall be obtained from the County Road Office for all development
streets existing onto South Third A venue and Goldenstein Lane prior to construction of the streets.
Street name and stop signs shall be provided at all road intersections.
25. A waiver of right to protest the creation of Rural Improvement Districts and the possible
installation of a future signal light at the intersection of Goldenstein and South Third A venue shall
be recorded with the final plat.
26. The property owner shall provide and file with the final subdivision plat an executed Waiver
of Right to Protest Creation of Special Improvement Districts for improvements to South Third
Avenue, between Kagy Boulevard and Goldenstein Lane, and for improvements to the South
Third/Willson/Kagy Boulevard intersection (to include signalization), unless the document is
already on file with the Gallatin County Clerk and Recorder's Office. The Waiver shall specify that
in the event SIDs are not utilized for the completion of these projects, the owner shall agree to
participate in an alternate financing method for completion of said improvements on a fair share,
proportionate basis as determined by the square footage of the property, linear front footage of the
property, taxable valuation of the property, or combination thereof. Said Waiver shall be a
covenants running with the land and shall not expire.
27. A 100 foot wide linear park from the northwest comer of Gardner Park, west along the north
property boundary for a distanee of 500 feet, then reduce the width to 50 feet and continue west
along the north property boundary to Graf Street shall be dedicated with Phase 1. This linear park
shall become an extension of Gardner Park.
A 50 foot wide linear park from the southeast corner of McLeod Park north along the east boundary
of McLeod Park to the end of Sundance Drive, then east along the north property boundary to the
property corner, then north to the northwest property comer and finally east along the north property
boundary to GrafStreet shall be dedicated with Phase 1. This dedieation shall include the 50 feet
of Graf Street to connect the extension of Gardner Park, and will become an extension of McLeod
Park.
The final Zoning Pun and final Subdivision designs shall provide a minimum of 50 feet of open
spaee, owned and controlled by the homeowners association, between all residential lots and
dedicated linear parks.
FINDINGS OF FACT AND ORDER -- SUNDANCE SPRINGS P.D.D. PAGE 15
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The developer's wetland consultant shall consult with the Montana Department ofFish, Wildlife &
Parks during the design of the wetland enhancement plan. At least one pond shall be a minimum
of one acre in size.
The developer shall not be required to construct the trail(s) through McLeod Park, but shall eontact
and work with the Gallatin County Commission regarding the possibility of the installation of a
trial(s) through McLeod Park. This contact will then provide an opportunity for volunteer groups
to eonstruct the trail network. If the Gallatin County Commission will not grant approval for the
construction of a trail(s) through McLeod Park, the developer, in the appropriate phase, shall
construct a trail through the open space north of Peace Pipe Drive to connect McLeod Park to South
Third Avenue, with a connection to Good Medicine Way and a second connection to Peace Pipe
Drive between Blocks 8 and 10.
The Parks and Recreation Advisory Committee shall be contacted by the developer with regard to
a linear trail, with a permanent public trail easement, to be constructed by the developer, on the west
side of the existing trees in the northeast open space area to provide an alternate trail from the Sour
Dough Trail to the trail on the north boundary of the subdivision. The location and construction of
the trail shall be approved by the Parks and Recreation Advisory Committee. This trail shall be
developed when that phase of the property develops. If the Parks and Recreation Advisory
Committee finds that this trail is not wanted or needed as part of the linear trail system, the
developer shall not be required to install it.
28. The developer shall participate in resolving any identified vertical alignment problems on
Goldenstein Lane to the satisfaction of the County Road Superintendent and City of Bozeman.
29. A documented market study shall be provided prior to submittal ofthe final site plan for the
zoning PUD that shows the proposed uses within the neighborhood service area (Blocks 10 and 11)
will be supported by the area residents. If the study does not conclude that 50% of the business will
be generated from this area, development of the neighborhood service lots will not be allowed. Uses
permitted on these lots include professional offices and other permitted uses listed in the B-1
neighborhood service district chapter of the Bozeman Zoning Ordinance. Full site plan review
and/or subdivision review will be required for all development within Blocks 10 and 11, Phase 1
subdivision. If not allowed, a maximum of six additional single-family residential lots eould be
created within these two blocks via further subdivision review and approval.
All commercial structures shall be fully protected with an approved fire sprinkler system, unless
waived by the Fire Chief in the event a fire station is constructed closer to the site which will
provide adequately improved response times.
The need for mitigation to the long fire department response times which are probable prior to the
time new fire station facilities may be eonstructed nearer to this area, such as, but not limited to,
sprinklering of residential dwelling structures, shall be left to the discretion of the Fire Chief.
FINDINGS OF FACT AND ORDER -- SUNDANCE SPRINGS P.U.D. PAGE 16
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The hours of business for all uses within the neighborhood service lots shall be limited to 7 a.m.
through 9 p.m.
30. The final subdivision plat shall contain the following:
a) A note stating: Due to the relatively high groundwater table within the subdivision, it is
not recommended that structures with full or daylight basements be eonstructed.
b) The "landowner" and "floodplain" notes shown on the preliminary plat shall be clarified.
c) A "no access" note prohibited direct access to Goldenstein Lane and South Third A venue
for all lots fronting those streets.
d) The correct site statistics for phase 1.
31. The County Weed Control Officer shall approve a Weed Control Plan for the subdivision, and
a signed copy of the Plan shall be submitted to the Planning Office prior to final subdivision plat
approval. Any mitigations required in the plan shall be completed by the developer, and approved
by the County Weed Control Officer in writing, prior to final plat approval.
32. A 10 foot wide maintenance easement shall be provided on both sides of all irrigation ditches.
33. The Covenants and Design Guidelines shall be amended as follows.
a) The Covenants shall be amended to indicate that the City of Bozeman is a party to the
Covenants, and any covenant contained therein as a condition of preliminary plan or plat
approval and required by the City Commission may not be amended or revoked without the
mutual consent of the owners in accordance with the amendment procedures listed in the
covenants, and by the City of Bozeman.
SECTION I. RESIDENTIAL LOTS
b) Clarify Article IX, Section 9.4, Mowing Practiees, to state that the Fire Chief shall be
contacted by the Homeowner's Association regarding the need to mow in Type 1
Management Areas for fire prevention. If not necessary, Type 1 Management Areas shall
be left in a natural, unrnowed state.
c) Add a statement to Article IX, Section 9.15 of the Covenants that requires the right-of-
way (barrow pits) to be mowed and maintained by the homeowners and/or Homeowners
Association, and that specifically states that the barrow ditches may not be filled.
FINDINGS OF FACT AND ORDER -- SUNDANCE SPRINGS P.D.D. PAGE 17
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d) Article IX, Section 9.15. Because an alternative street standard was accepted, add a
section which specifically discusses the maintenance of the interior roadways (e.g. sidewalk
snow removal along open spaces, driveway and street intersection culverts, weed mowing,
pothole patching, etc.).
e) Page 28, Section 9.15. correct the spelling of "except" to "accept".
f) Page 20, Section 10.4, Eliminate first sentence regarding determining maximum roof
height, and just reference a 34 foot maximum height.
g) Page 20, Section 10.6, Foundation Design. Add referenee to the lots bordering the open
space in Block 4 west of the open space area, with regard to the potential for these lots
having high ground water.
h) Page 22, Correct spelling throughout Section 11.2.d, "eves" to "eaves".
i) Page 24. Correct or eliminate drawing in Section 11.6.c regarding exposed concrete.
j) Page 27. Amend the reference to on-street parking in Section 11.8 to delete the last
sentenee regarding the acceptab1eness of parking temporary visitor's cars over-night on the
street.
k) Add the following to Section 12.7, page 29: All light fixtures shall be arranged to deflect
light down and/or away from adjoining properties and streets. Lighting fixtures must
incorporate cut-off shields to direct light downward. Luminaires shall not be visible from
adjacent streets or properties. Fixtures should be compatible with architectural and site
design.
1) Page 32. Section 12.15, Signs. Home occupation signs are limited to no more than two
sq. ft. per the Sign Code. Correct to comply.
m) Section 12.18, page 32. Add a statement that recommends the use of organic fertilizer
instead of chemical fertilizer, and that the fertilizer be applied when plants are active.
n) Section 12.18, page 32. Add to third sentence from end, that native bushes and trees may
be planted in the rear yard setbacks in addition to the fescue seed mixes.
0) Add a section informing lot owners that an Elevation Certificate must be provided to the
City Engineer for each building within the 100 year floodplain following completion of
construction.
p) Page 39. Add a paragraph regarding installation of sidewalks per the City policy.
FINDINGS OF FACT AND ORDER -- SUNDANCE SPRINGS P.D.D. PAGE 18
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SECTION II. NEIGHBORHOOD SERVICES
a) Page 19, Section 9.4 Eliminate first sentenee regarding determination of building height,
and just reference a maximum 34 foot building height.
b) Page 23, correct spelling throughout Section 10.2.d., "eavs" to "eaves".
c) Page 26, Section 10.8. Clarify section regarding on-street parking per the City
Commission's decision on street standards, to prohibit all parking of cars or other vehicles
on the streets.
d) Page 27, Section 11.6, Exterior lighting. Add a sentence stating lights cannot be higher
than the height of the building or 20 feet, whichever is less. Add the following statement:
All light fixtures shall be arranged to deflect light down and/or away from adjoining
properties and streets. Lighting fixtures must incorporate cut-off shields to direct light
downward. Luminaires shall not be visible from adjacent streets or properties. Fixtures
should be compatible with architectural and site design.
e) Section 11.14, page 29. Add a statement that recommends the use of organic fertilizer
instead of chemical fertilizer, and that the fertilizer be applied when plants are active.
f) Add a section regarding installation of sidewalks per the City policy.
g) Clarify Article XII, Section 12.4, Mowing Practices, to state that the Fire Chief shall be
contacted regarding the need to mow in Type 1 Management Areas for fire prevention. If
not necessary, Type 1 Management Areas shall be left in a natural, unmowed state.
h) Add a statement to Article XII, Section 12.15 of the Covenants that requires the right-of-
way (barrow pits) to be mowed and maintained by the homeowners and/or Homeowners
Association, and that specifically states that barrow ditches may not be filled.
i) Because an alternative street standard was accepted, add a section which specifically
discusses the maintenance of the interior roadways (e.g. sidewalk snow removal along open
spaces, driveway and street intersection culverts, weed mowing, pothole patching, etc.).
j) Include a section which limits the hours of business for all uses within the neighborhood
service lots to 7 a.m. through 9 p.m.
34. The owner shall sign a "Right of Entry" form, or other similar document satisfactory to the City
Attorney, granting the City of Bozeman access to all Open Space areas of the subdivision, and
dedicating an easement(s) for public utility purposes, which would be limited to drilling a well or
wells for drinking water supply, on the final plat of the subdivision. The "Right of Entry" form shall
designate that all wells shall be constructed so as to have a minimal visual impact.
FINDINGS OF FACT AND ORDER -- SUNDANCE SPRINGS P.D.D. PAGE 19
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35. The developer shall grant the City of Bozeman the first right of refusal for the purehase of all
or any portion of the 16 lots proposed along Sweet Water Drive, at the time that phase of the
development is finalized.
36. The right to a use and occupaney permit for the Zoning PUD shall be contingent upon the
fulfillment of all general and special conditions imposed on the Conditional Use Permit.
37. All of the speeial conditions imposed by the City Commission shall constitute restrietions
running with the land use and shall be binding upon the owner of the land, his successors or assigns.
38. All of the special conditions required by the City Commission shall be consented to in writing
by the applicant prior to final plan or plat approval.
39. The Annexation Agreement for the property must be finally accepted by the City Commission
and filed at the Clerk and Recorder's Office prior to the approval of a final plan or plat for the
property .
40. Water rights or a cash-in-lieu fee in an amount determined by the Director of Public Service
shall be provided prior to final plat approval.
The preliminary approval of this development shall be effective for three (3) years from the
date of adoption of this document by the City Commission. At the end of this period the City
Commission may, at the request of the subdivider, extend its approval as indicated in Conditions
2 and 4 of this document.
DATED this 22nd day of January . 1996.
BOZEMAN CITY COMMISSION
BY: (~Ihr L .J$~eA
Don E. Stueck, Mayor
ATTEST: APPROVI:iI;> AS TO FORM:
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'iL J ~ ~;f<~~(t{/P
Robin 1. Sullivan Paul J. L~e l 'm"
Clerk of the Commission City AttOrney
FINDINGS OF FACT AND ORDER -- SUN DANCE SPRINGS P.U.D. PAGE 20