HomeMy WebLinkAbout96- Bridger Creek, Phase 2 and 3
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BEFORE THE BOZEMAN CITY COMMISSION
IN THE MATTER OF THE APPLICATION OF GOLF FINDINGS OF FACT
COURSE PARTNERS, INC., FOR PRELIMINARY AND ORDER
PLA T REVIEW OF BRIDGER CREEK SUBDIVISION,
PHASE II & III, CITY OF BOZEMAN, GALLATIN COUNTY,
MONTANA
PURSUANT to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-
614, Montana Codes Annotated, and the Bozeman Area Subdivision Regulations, a public hearing
and public mceting were scheduled, after notice given, before the Bozeman City-County Planning
Board on March 5, 1996, and before the Bozeman City Commission on March 18, 1996, on the
above-entitled application. The purpose of the public hearing and public meeting was to review the
preliminary subdivision plat application for a major residential subdivision to subdivide 56.6 acres
into forty-sevcn (47) single family residential lots and one (1) condominium residential lot in Phase
II, and forty-four (44) single family residential lots in Phase III, as submitted by the applicant,
together with the required supplementary plans and information, to determine if the information
submittcd 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 givcn thc 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
I.
The application for the preliminary subdivision plat of Bridger Creek Subdivision, Phase II
and III, was submitted to the Bozeman City-County Planning Office on January 11, 1996. The
preliminary subdivision plat, as proposed, will divide 56.6 acres into forty-seven (47) single family
residential lots and one (1) condominium residentia110t in Phase II, and forty-four (44) single
family residential lots in Phase III. Approximately 4.80 acres of dedicated park land is proposed
with this application.
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II.
Notice of the 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
February 18, 1996, and the notice was mailed by Certified mail, return receipt requested, to all
adjoining property owners.
III.
The preliminary subdivision plat was heard before the Bozeman City-County Planning Board
on March 5, 1996.
Keith Belden, Morrison-Maierle, Inc., responded on behalf of the applicant, expressing
concern over the provision for establishing a trail corridor that conflicts with the golf course use,
clarification that Lot #32, Phase II, contains a 500-year floodplain boundary, not a tOO-year
floodplain boundary, opposition to the 100-foot buffer from the City landfill, explanation that the
proposed deadend water main with Phase II would not have a stagnation problem due to design and
good pressure flows, and opposition to improvemcnts to Story Mill Road.
Rex Easton, applicant representing Golf Course Partners, Inc., discussed the history of the
proposed development with its beginning in 1987. Mr. Easton questioned why the City of Bozcman
did not consider buffering the landfill from adjacent uses during the expansion ofthe facility. Mr.
Easton expressed concern over the logic of looping the water main, need for a sanitary sewer
easement and service stub to the landfill, continuation of a linear trail across said property, and
unnecessary buffer from the landfill.
During public testimony Mark Holiday, 2826 Coulter, voiced opposition to installation of a
linear trail and requiring a one hundred (100) foot buffer zonc from the landfill. Hallie and Lynn
Rugheimer, 1400 Story Mill Road, diseussed the impacts to neighbors because Story Mill Road to
the City landfill is not paved, questioned who was responsible for funding road improvements,
exprcssed the potential for vehicular hazard at the intersection of Story Mill Road and McIllhattan
Road, and objected to the staff's conclusion that the projcct would not havc an effect on wildlife
habitat.
Danc Gamble, 13 Hitching Post Road, took cxception to requiring the applicant to install the
the lincar trail and commcntcd that adjacent property owners should participate in establishing the
desired trail connections. Written testimony from Mr. Gamble was also received on the application
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expressing the same concerns.
IV.
After fmding that the Preliminary Plat was properly submitted and reviewed under the
procedures of Section 16.08 ofthc Bozeman Area Subdivision Regulations and was in accordance
with the Bozeman City Zoning Regulations and Bozeman Area Master Plan, the Planning Board
reviewed and considered the five 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 discussed improvements to Story Mill Road and McIllhattan Road, waivers of right-to-protest
creation of Spccial Improvement Districts and Rural Improvement Districts for road improvements
and signalization, proximity of linear trail to Bridger Creek golf course, buffer from City landfIll,
looped water main, sanitary sewer service access to landfill, need for emergency access to Phase II,
and avoiding direct access onto Story Mill Road for Lot #38 & #39, Phase III, .
After considering the recommended conditions the Planning Board voted 8-1 to; 9) omitted
the continuous minimum 100-foot buffer betwcen Phase III and the City landfill; 27) revise language
to delete any reference that suggests methods by which to implement linear trail corridor
improvements; 39) add a condition rcquiring a thirty (30) foot wide "shared access easement"
between Lot #38 and Lot #39, Phase III, prior to Final Plat approval, and 40) add a condition
requiring the applicant to install "No Parking" signs along the side of McIllhattan Road which
contains the four (4) foot wide paved pedestrianlbike path.
V.
The Planning Board found that with attached conditions, the subdivision would comply with
the primary review criteria, and fOlwarded a recommendation of conditional approval to the Bozeman
City Commission in Resolution No. P-960 1.
VI.
The matter was scheduled to be considered by the Bozeman City Commission at a public
meeting at 3:00 p.m. on Tucsday, March 18,1996.
VII.
The matter was then considered at a public meeting before the City Commission on Tuesday,
March 18, 1996. The City Commission acknowledged receipt of a letter from Morrison-Maierle for
Golf Course Partners, Inc., requesting that action on this item be tabled for two weeks, to allow the
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applicants an opportunity to meet with the Recreation and Parks Advisory Board and the Parks, Open
Space and Trails Committee to resolve the issue oflocating public trails across the subdivision and
golf course.
VIII.
The matter was then considered at a public meeting before the City Commission on Tuesday,
April 1, 1996. The Planning Staff reviewed the proj ect at that time and forwarded the Planning
Board's rccommendation to the City Commission. Mr. Rex Easton, representing Golf Course
Partners, Inc., suggested that the Commission revise condition 26) to allow him to work with the
Recreation and Parks Advisory Board to develop an alignment for the trail and an implementation
plan prior to filing of the Final Plat for Phase II; that condition 16 and 31) pertaining to location and
width of utility easements be considered in tandem; that condition 13) be revised to provide a financial
guarantee or install the looped water main when fifty (50) percent of Phase II is built out. The
applicant then stated that he is willing to bear his fair share of the costs of upgrading the Story Mill
Road bridge, but feels the City should recognize its impacts from traffie generated by the landfill.
Bob Lee, Recreation and Parks Advisory Board, recommended that the Commission consider
a condition that allows the Board to work with the applicant to develop a trail alignment that is
acceptable to everyone and allowing the community to fund the improvements.
The Commission discussed waivers for improvements to Story Mill Road bridge, utility
easemcnts, and looping of the water main for Phase II. After further discussion, and in light of the
concerns raised, the Commission moved to table action on the preliminary plat to April 15, 1996.
IX.
The matter was again considered before the City Commission on April 15, 1996. The
Commission reviewed memorandums from the Planning Office and Director of Public Service
forwarding proposed rcvised conditions of preliminary plat approval, in response to Commission
direction at the April 1, 1996 and April 8, 1996 Commission meetings.
X.
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:
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1. EFFECTS ON AGRICULTURE
Historically, the subject property was part of an established agricultural farm used primarily
for irrigated crop land and pasture. In 1992, the Conditional Use Permit application to
develop the 18-holc golf course concludcd that 287 acres of good producing soil farmland
would be eliminated from agricultural use. Although agricultural lands exist to the north and
east ofthe proposed subdivision, no impacts to cxisting agricultural activities in the immediate
area have been identified with review of this application.
2. AGRICULTURAL WATER USER FACILITIES
The application proposes the use of existing irrigation ditches immediately south of Phase 2
to accommodate a storm water management plan for storm runoff from Augusta Drive.
However, the proposal does not indicate if any agricultural water users facilities for
downstream water will be effected. The provision of a written narrative from the developer
prior to Final Plat approval stating that the proposed subdivision will not interfere with any
agricultural water user facility and that no irrigation ditches for downstream water rights
currently exist on said property will help ensure no negative impacts on agricultural water
user facilities.
3. EFFECTS ON LOCAL SERVICES
Thc subject property was annexed to the corporate limits of the City of Bozeman in 1995,
such that the applicant could develop the property at urban densities and access municipal
infrastructure for sanitary sewer and domestic water. The applicant has cxtended both water
and sanitary sewer mains to the development with filing of the subdivision plat for Bridger
Creek Subdivision, Phase 1. The completion of all infrastructure improvements by the City
Engineer's Office and Montana Department of Health and Environmental Sciences prior to
Final Plat approval will help ensure no negative effects on local services occur from this
subdivision.
The retention of the fmancial guarantee for Bridger Creek Subdivision, Phase 1, by the City
until the numerous "punch list" items for Phase 1 have been taken care of before the public
infrastructure improvemcnts can be accepted by the City of Bozeman is appropriate.
With cxception to possible Street Impact Fee credit or cost participation in thc reconstruction
and paving of Story Mill Road north ofMcIllhattan Road, City will not consider cost sharing
in improving McIllhattan Road or widening of Story Mill Bridge. Any cost -sharing
agreement(s) must be reached with the City Commission directly through the approval
process.
4. EFFECTS ON NATURAL ENVIRONMENT
The master plan for Bridger Creek Subdivision and Bridger Creek Golf Course was designed,
rcviewed and approved by the Soil Conservation Service and Montana Department ofFish,
Wildlife & Parks to protect the existing riparian environment along the Bridger Creek and
East Gallatin River corridors. No evidence of additional impacts on the area's natural
environmCllt have been identified with this application for preliminary subdivision plat review.
5. EFFECTS ON WILDLIFE AND WILDLIFE HABITAT
Design of the I8-hole golf course incorporated an environmental theme which takes
advantage of the natural environment, and provides an open space buffer between the arca's
wildlife habitat and the residential development of Phase 2 & 3. No significant big game
wildlife have been identified in the area. However, significant wildlife habitat exists along the
watercourse corridors for white tail and mule deer, migrating watcrfowl and various small
birds and animals. The riparian habitat, critical to the survival of the Bridger Creek and East
Gallatin River fisheries, will continuc to be proteeted through continued maintenance of the
golf course properties as a buffer between the fisheries and proposed residential development.
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However, the expected effects of pets and human activity generatcd by the proposed
development, primarily Phase 2, may have a minor effect on the wildlife stability in the area
6. EFFECTS ON PUBLIC HEALTH AND SAFETY
Extension of municipal infrastructure to the proposed subdivision will assist in eliminating any
potential impacts on the groundwater or underground aquifers. Improvements to the area's
transportation network system have been established by the Development Review Committee
to mitigate impacts from the additional traffic generatcd by the proposed subdivision.
Although a secondary or emergency access onto McIllhattan Road from Phase 2 was not
recommended by the D.R.C., the interior vchicular circulation systcm generally providcs
adequate access for police, fire and emergency services.
ORDER
IT IS HEREBY ORDERED that the preliminary plat to divide 56.6 acres into ninety-one (91)
single family rcsidentiallots and one (1) condominium lot, to be known as Bridger Creek Subdivision,
Phase II and III, has been found to meet the primary eriteria of the Montana Subdivision and Platting
Act, and is therefore approved, subject to the conditions listed below. The evidence that justifies the
conditions is to ensure that the final plat complies with all regulations and that all review criteria are
possitivcly addressed.
This City Commission order may be appealed by bringing an action in thc 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. Plans, specifications, and a detailed design report for water and sewer main extensions, storm
sewer, and the public street prepared by a Professional Engineer (PE), registered in the State
of Montana, shall bc provided to and approved by the City Engineer and the Montana
Department of Environmental 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 improvements until the plans and specifications have been approved and
a preconstruction conference has been conducted;
No building permits shall be issued prior to substantial completion and City acceptance
of the required infrastructure improvements;
2. The Montana Fish Parks and Wildlife, SCS, Montana Department of Health and
Environmental Sciences, and Army Corps of Engineer's shall be contacted regarding the
proposed project and any required permits (i.e. 310, 404, Turbidity exemption, etc.) be
obtained prior to Final Site Plan approval;
3. Applicant shall provide and file with the County Clerk and Recorder's office executed Waivers
of Right to Protest Creation of SIDs and RIDs for the following:
a. Traffic signalization of the Story MilllBridger Drive Intersection;
b. Paving of Story Mill Road from McIlIhattan Road to the northerly property boundary
to a city standard street including curb and gutter, storm drainage, sidewalk, and
paVIng;
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c. Further improvement to McIllhattan Road to a City Standard street, including curb
and gutter, storm drainage, sidewalks and paving; and
d. Improvements to Bridger Creek bridge on Story Mill Road based on a pro rata share
determined by the Director of Public Service;
4. Projcct Phasing shall be clearly defined including installation of infrastructure;
5. A Gcotechnical Investigation Report, certified by a registercd engineer in the State of
Montana, shall be prepared and submitted to the City Engineer with the first review submittal
of the improvement documents. The report must includc an analysis of the on-sitc and future
public road right-of-way soil conditions, special grading recommendations, groundwater
depth, and a paving section design for public roadways. The report must incorporate the
findings of an independent on-site soils investigation and existing groundwater monitoring
investigations;
6. As construction activities may disturb more than five (5) acrcs of natural ground, an
erosion/sedimentation control plan may be required. The Montana Department of
Environmental Quality shall be contacted by the applicant, to obtain a Storm Water Discharge
Permit. The Developer shall demonstrate to the City full permit compliance;
7. A Traffic Impact Analysis Report shall be provided and approved by the City Engineer. The
Analysis shall include, at a minimum; existing and projected average daily and peak hour
vehicular trips; existing and projeeted interseetion levels of service at the intersection of Story
Mill Road and Bridger Drive; and necessary mitigation measure resulting from potential
decreased levels of service ofthe described intersection. The Analysis shall address vehicular,
bicycle, and pedestrian circulation, signals (as necessary), signage, and pavement delineation.
The study area shall include internal subdivision streets, McI1lhattan Road, Story Mill Drive,
and, as necessary, adjacent collectors and arterial streets serving the proposed dcvelopment;
8. If the City of Bozeman is unable to obtain Department of Environmental QualitylWaste
Management Division approval to relocate or abandon its existing groundwater monitoring
wells LF-3; the developer shall provide the City with an easement for continued operation and
access to the existing groundwater monitoring wells in Phase III, prior to final plat approval;
9. Mclllhattan Road shall be improved to a twcnty-eight (28) foot wide paved cross section
(meeting AASHTO requirements for shared vehicular/bicycle movements), including a
minimum two feet gravel shoulders on both sides of the road, prior to final plat approval of
either of the two phases. At locations with physical width restrictions, a minimum of twenty-
seven (27) feet wide paved sections shall be constructed. As part of the Phase II
improvements, McIllhattan Road will be improved from Story Mill Road to approximately
50 feet north ofthe proposed Augusta Drive interscction. A roadway section extending from
the northerly terminus of the described paved section to the northerly boundary of said
property shall be graded and graveled in accordance with County Road Department standard
requirements. This section of roadway shall be constructed to a 28-foot-wide paved cross
section and a two-foot-wide shoulders at the time of construction of Phase III infrastructure
improvements. The described street improvements of McIllhattan Road, including
infrastructure improvements, shall be approved by the County Road Superintendent as well
as the City Engineer's office prior to final acccptance;
10. The Developer shall dedicate to the City a 60-foot road right-of-way from Story Mill Road
to the northerly tcrminus of the proposed subdivision;
11. Guard rails along certain sections of McIllhattan Road may be required with Phase II and/or
III development. The developer shall provide a detailed guard rail analysis and
recommendations (including a warrant evaluation) consistent with applicable Montana
Department of Transportation design standards. Ifwarrants require installation of guard rails
or traffic reconvey measures, the developer shall be responsible for such improvements with
Phase II development;
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12. All infrastructure improvements including I) water and sewer main extensions, and 2) public
streets, curb/gutter, sidewalks fronting parks, open space, rear yard frontages, or other non-
lot frontages, and related storm drainage infrastructure improvements shall be financially
guaranteed or constructed prior to Final Plat approval. No building permits will be issued
prior to acceptance of subdivision infrastructure improvements;
City standard residcntial sidewalks shall be constructed on all public street frontages of a
property prior to occupancy of any structure on the propcrty. 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 othcr improvements havc becn made upon thc lot. This
condition shall be included on thc plat and in the covenants for the subdivision;
13. The developer shall enter into a contract agreemcnt with the City and post an adequate
fmancial guarantee for the full tcrm ofthe agreement, in thc amount of 150 perccnt of the
estimated cost of improvements, to design, construct and administer/inspect construction of
a looped water system for Phase II, prior to filing the final plat for Phase II. Said agreement
shall include the following requirements:
a. Engineered plans and specifications for the water line that completes a loop for Phase
II shall be submitted to and approved by the City and State prior to filing of the fmal
plat for Phase II. This submittal will include, at a minimum, a preliminary plan and
profile for the reconstruction of Story Mill Road;
b. The water line that completes the loop for Phase II shall be construeted and approved
eithcr (1) prior to December 31, 1997, or (2) within twelve (12) months after filing
the final plat for Phase II, or (3) prior to the paving of Story Mill Road, whichever
occurs first;
c. A signed utility easement agreement for an alternate water line loop across golf course
property shall be provided to the City prior to filing the final plat for Phase II. Said
easement will be returned, without having been filcd, upon completion of the watcr
line in Story Mill Road; and
d. Thc dcveloper agrees to pay for water flushed out of the Phasc 11 water system until
a fully looped system is provided as indicated above. This water will be mctcred by
the City, and billed at the then-current rate for bulk watcr sales;
14. A twenty (20) foot wide sewer eascmcnt, between Lots 21 and 22, Phase III, shall bc
provided to the City. The easement shall straddle the property line and extend to the
northerly property line of said lots. A 4-inch sewer service stub shall be constructed from the
sewer main in Saint Andrews Drive to the northerly right-of-way line of the described road
at a cost of Seven Thousand Four Hundred Sixty Dollars and No Cents ($7,460.00) to be
paid by thc City of Bozeman;
15. The Developer shall complete and Application for Sewer Service for the previously completed
connection of the Golf Course Club House on McIllhatlan Road and shall be retroactively
responsible for sewer service charges from the time the connection was made up to the
servicc application approval;
16. For PhaseIl and III development, sewer and water services shall be extended to the back of
thc 12-foot-wide utility easement along the front of all lots. Curb stops shall be plaecd at the
standard location behind the back of sidewalk with a pressure tight plug placed on the end of
the water service line. City standard location monument stakes shall be provided at the end
of the sewer and watcr services to the satisfaction of the City Water/Sewer Department;
17. To accommodate subdivision phasing, the Phase II sewer main shall extend easterly from the
manhole in Augusta Drive to the back of Lots 5 and 6, Phasc 11, and shall include a location
stake in accordance with City Water/Sewer Department requirements;
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18. The location of and distinction between existing and proposed sewer and water mains and
easements shall be clearly depicted on the improvements drawings, as well as location of
nearby fire hydrants and proposed fIfe hydrants;
19. Easements for the water and sewer main extensions shall be a minimum of 30 feet in width
(except as notcd otherwise herein), with the utility location in the center of the easement. In
no case shall the utility be less than 10 feet from edge of easement;
20. A Storm Water Master Plan for the subdivision for a system designed to remove solids, silt,
oils, grease, and other pollutants from the runoff from the public streets must be provided to
and approved by the City Engineer.
The master plan must depict the maximum sized rctention and/or detention basin locations,
and locate and provide easements for adequate drainagc ways within the subdivision to
transport runoff to the storm water receiving channel. The plan shall include sufficient site
grading and elevations information (particularly for the basin site, drainage ways, and lot
finished grades), typical storm water detention/retention basin and discharge structure details,
basin sizing calculations, and a storm water maintenancc plan.
The plan must show storm water discharge destination. If the site design discloses any
adverse impact to off-site properties, necessary design alternatives and/or drainage
conveyance devices and storm water easements (filed with the County Clerk and Recorder's
Office) must be provided. Any storm water ponds located within park or open space shall be
designed and constructed to be condueive to the normal use and maintenance of the open
space. The plan must also include rcvegetation slope stabilization measures;
21. The final plat conditions for Phase III development should include a condition that a minimum
2 I-inch storm culverts be required for any private drive approach (or regrading) within the
storm drain easement across Lots 14, 15,30, and 32 through 37, Phase III;
22. A Site Grading Plan shall be prepared as a supplement to the project improvement drawings.
Thc plan shall include, at a minimum, existing contours, contours after construction, (but
before development grading), spot elevations and flow directional arrows. The plan must
demonstrate adequate drainage to an acceptable discharge device (i.e., street gutter, drainage
swell, or storm drain inlet). Thc plan shall be used to establish street and building foundation
grades. If the grading design discloses any advcrse impact to off-site properties, necessary
design alternatives and/or drainage conveyance devices and easements must be provided;
23. That the applicant extend the financial guarantee for improvements not installed, inspected
and accepted by the City of Bozeman for Bridger Creek Subdivision, Phase I, for a period of
not less than six (6) months, or that the applicant complete the "punch list" items prepared
by the City Engineer's Office prior to the filing of the Pinal Plat for Phase II or Phase III;
24. That thc required dedicated park land for Phase II be included in the proposed park land
along the north boundary of Phase III to serve as a thirty (30) foot wide trail corridor and one
hundred (100) foot wide buffer, and that park land dedication in Phase II be held in a
"perpetual park land casement" filed and reeorded at the Gallatin County Clerk & Recorder's
Office with filing ofthe Pinal Plat for Phase II until such time that the Final Plat for Phase III
is filed at thc Clerk & Recorder's Office. The dedicated public park land boundary shall be
delineated at the common private/public corner pins, with flat flexible fiberglass posts, 3.75
inches wide, a minimum of 6 fcet in length and with no less than 2 feet driven into the ground.
Each post shall be labeled with a permanent glue on sign stating Park Boundary, Property
Boundary or Public Park;
25. Prior to installation of any boulevard trees within the public boulevard, between the back of
street curb and the sidewalk, all boulevard tree species shall be approved by the Forestry
Superintendent. All construction debris (i.e., concrete, rocks, gravel, etc.) shall be removed
from the public street boulevard and filled will good top soil;
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26. That the applicant establish an implement plan for a public trail eorridor that connects the East
Gallatin Recreation Area with Mclllhattan Road at the north end of the subj ect property, for
review and approval by the Bozeman Recreation and Advisory Board prior to final plat
approval of Phase II. hnplementation of said public trail corridor shall be to the discretion
of the Bozeman Recreation and Parks Advisory Board, including the necessary provisions
to implement the public trail corridor. Final location of a trail corridor, should access occur
across Bridger Creek Subdivision, Phase II, or Bridger Creek Golf Course, shall be approved
by the Bozeman Recreation and Parks Advisory Board in the general area outlined in the
Board's memorandum dated AprilS, 1996.
The final plat shall contain a notation stating that a fifteen (15) foot wide "public open
space/linear trail corridor easement" shall be filed at the Gallatin County Clerk and Recorder's
Office should said trail corridor bc constructed across Bridger Creek Subdivision, Phase II,
or Bridger Creek Golf Course;
27. That the applicant improve Story Mill Road to the north end of Phase III to a Gallatin County
gravel road standard, reviewcd and approved by the Gallatin Road Superintendent, and
installed, prior to Pinal Plat approval of Phase III;
28. That the Pinal Plat shall comply with Section 16.10.030 of the Bozeman Area Subdivision
Regulations, and shall include all appropriate documents, certificates, and be accompanied by
all appropriate doeuments, including a Platting Certificate. Two mylar and two clothback
copies of the Pinal Plat must be submitted for final Plat approval, along with a digital copy
ofthc final Plat, on a double sided, high-density 3 1/2" floppy disk;
29. That the applicant obtain Montana Department of Health and Environmental Sciences
approval of the subdivision prior to final Plat approval pursuant to Section 16.16.101 through
16.16.805. AR.M.;
30. That the final Plat provide on the face of the plat a land use restriction limiting the
development on said subdivision to"Single family Residential Dwelling Units" on all lots
within Phase II and III, with the exception of Lot # 16, Phase 11, for review and approval by
the Planning Office prior to Pinal Site Plan approval;
31. Utility easements, a minimrnn of twenty (20) feet wide, situated on side and rear property
lines for all residential lots in Phase II and Phase III, shall be depicted on the Final Plat for
rcview and approval by the Planning Office prior to final Plat approval, unless all utility
agencies provide written documentation that said utility easements on side and rear property
lines are not necessary and that said utilities can be installed within the utility easement along
thc street frontage of each lot;
32. That the twenty (20) foot wide drainage swale between Lot 7 and 8, Lot 15 and 16, Lot 22
and 23, Lot 28 and 29, Phase II, and the thirty (30) foot wide utility easement between Lot
5 and 6, and Lot 21 and 22, Phase II, be identified on the final plat as common open space,
and identified in the homeowner's protective covenants as common open space that is owned
and maintained by the homeowner's association, for review and approval by the Planning
Office prior to final Plat approval;
33. That the applicant provide documentation of providing water rights or payment of cash in-lieu
of water rights to the City of Bozeman prior to final plat approval;
34. That the applicant install City standard streets (i.e., 37 ft. back-of-curb to back-of-curb, curb,
gutter, boulevard and sidewalk), within sixty (60) foot wide dedicated public right-of-way
prior to final plat approval, and that boulevard sidewalks be installed along both sides of the
streets within three (3) years of filing of the fmal plat;
35. That all wetlands loeated within the boundaries of said property be identified on the final plat
for review and approval by the City Engineer's Office and Army Corps of Engineer's prior to
Pinal Plat approval of Phase II;
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36. That the home owner's protective covenants be amended to address all issues identified in the
Environmental Assessment and Community Impact Statement (Le., no basements in Phase II,
land use, linear trail, public access to fisheries, etc.), as well as the staff report, for review and
approval by the Planning Office prior to final plat approval;
37. That the applicant be granted waiver to Section 16.12.040.M of the Bozeman Area
Subdivision Regulations requiring a second or emergency access for Phase II;
38. That the applicant provide a written narrative stating that the proposed subdivision will not
interferc with any agricultural water user facility and that no irrigation ditches for downstream
water rights currently exist on said property for review and approval by the Planning Office
prior to final plat approval of Phase II or Phase III;
39. That the applicant provide on the final plat a thirty (30) foot widc "shared access easement"
between Lot 38 and Lot 39, Phase III, prior to final plat approval;
40. That the applicant install "No Parking" signs along that side of McIllhattan Road which
contains the four (4) foot wide paved pedestrian/bike path, for review and approval by the
City Engineer's Office prior to final plat approval. If this condition does not meet AASHTO
standards, then the Planning Director may waive this requirement;
41. That the developer shall enter into an hnprovements 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 filcd 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 ofprelirninary plat approval to
complete the eonditions of preliminary plat approval and apply for final plat approval for
Phasc II & Phase II; and
43. That the applicant submit with the application for Final Plat review of Phase II and/or Phase
III ofBridgcr Creek Subdivision a written narrative stating how each of the above conditions
of preliminary plat approval have been satisfactorily addressed.
The Developer shall have three (3) years from the date of this approva~ to complete the above
conditions and apply for final subdivision plat approval, unless an extcnsion is granted and approved.
DATE OF APPROVAL: 3rd September ,1996.
BOZEMAN CITY COMMISSION
By: ( Dth-t ;: ~~
Don E. Stucck, Mayor
ATTEST:
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Robin Sullivan, Clerk of the Commission Paul Luwc, Oity Att9mey
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