Loading...
HomeMy WebLinkAbout95- Rajah and Associates ~ . \ " ~ I I ~ BEFORE THE BOZEMAN CITY COMMISSION CITY OF BOZEMAN, MONTANA IN THE MATTER OF THE APPLICATIONS OF RAJAH AND FINDINGS ASSOCIATES FOR PRELIMINARY PLANNED UNIT OF FACT DEVELOPMENT SUBDIVISION PLAT AND ZONING PLANNED AND UNIT DEVELOPMENT FOR CUPOLA MIXED USE DEVELOPMENT ORDER 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, public hearings were scheduled, after notice given, before the Bozeman City-County Planning Board on June 20, 1995, and before the Bozeman City Commission on July 3, 1995, on the above- entitled applications. The purpose of the public hearings was to review the proposed preliminary plat and zoning application for a planned unit development to divided 58.13 acres into 13 lots and 2 open space parcels for mixed use (industrial, commercial and residential) condominium development, as submitted by the applicant, together with the required supplementary plans and information, to determine if the information submitted meets the requirements of the Planned Unit Development Chapter of the Bozeman Zoning Ordinance as well as the requirements of the Bozeman Area Subdivision Regulations and the Montana Subdivision and Platting Act, and in addition, to listen to 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 the 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 F act, as required: I . ., , . , , . FINDINGS OF FACT I. The applications for the preliminary plat and zoning Planned Unit Development of Cupola were submitted on March 31, 1995. The applicant granted a 60-day extension to the 60-day review period for the preliminary plat to the City Commission. The preliminary plat, as proposed, will divide 58.13 acres into 13 lots, 2 open space parcels and two public streets. The zoning Planned Unit Development will allow the M-l, Light Manufacturing, and B-2, General Commercial, zoned property to be developed for uses beyond what are listed as principal and conditional uses in the appropriate zoning districts. II. Notice of the public hearings before the City-County Planning Board and the City Commission was published in the Bozeman Daily Chronicle, on June 4, 1995, and the Notice was mailed by Certified mail, return receipt requested, to all adjoining property owners. III. The matters were heard before the Bozeman City-County Planning Board on June 20, 1995. Fourteen members of the public presented testimony at the hearing, expressing concerns related to the proposed uses, traffic, noise, loss of open space, site grading and drainage, completion of phases, emergency access and environmental impacts. IV. 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 accordance with the Bozeman City Zoning Regulations and Master Plan, the Planning Board 2 I . I , , , i reviewed and considered the five criteria established in Title 76-3-608, M.C.A., 1993. V. The Planning Board reviewed the zoning Planned Unit Development per the procedures of Chapter 18.53 and 18.54 of the Bozeman Zoning Ordinance. After considering all information, the Planning Board considered the public testimony presented. VI. Following a vote of 4-4, the Planning Board forwarded no official recommendation to the Bozeman City Commission in Resolution No. Z-9539/P-95 18. VII. The matters were scheduled to be considered by the City Commission at a public hearing at 7:00 p.m. on July 3, 1995. The applicant having given the City Commission permission to hold a public hearing on the preliminary plat so that the public could give testimony on both matters. At the request of the applicant, the applications were continued until July 17, 1995 to give the applicant the opportunity to be present at the public hearing. The Planning Staff reviewed the matters at that time and forwarded the City-County Planning Board's recommendation to the Commission. Many members of the public spoke in opposition, expressing concerns related to the proposed uses, traffic, noise, loss of open space, site grading and drainage, completion of phases, emergency access and environmental impacts. Nwnerous letters opposing the matters were submitted. Many members of the public spoke in support, expressing the need for this type of development, the need for affordable housing, and the enhancement of wetlands. 3 , . , .. , , , , VIII. The public testimony portion of the hearing was closed at the Commission's July 17, 1995 meeting, after it was determined that all those wishing to comment had the opportunity to do so, with the allowance for letters to be submitted to City Commission until July 24, 1995. Due to the volume of information presented to the Commission and the hour of the evening, the Commission set a special meeting for July 31, 1995 for the applicant's rebuttal and Commission's questions of the Staff and applicant. The applicant granted a 14-day extension to the 60-day extension to the 60-day review period for the preliminary plat. The City Commission delayed making a decision on the matters until August 7, 1995. IX. At the July 31, 1995 public meeting, the applicant addressed the concerns expressed by the public, and answered the Commission's questions. X. At the August 7, 1995 public meeting, the Bozeman City Commission considered the minutes, record and recommendation of the Planning Board, all public comment, and the applicant's testimony, and weighed the proposed subdivision against the five review criteria established by State Statute, and found as follows: AGRICULTURE: The property is currently vacant, with the exception of the abandoned Sande Dairy buildings, and a portion was used in the past for grazing. Two of the Sande Dairy buildings will be relocated and renovated for commercial use. The site is a mix of wetlands (proposed to be retained and enhanced), uplands and the railroad embankment. A Weed Control Plan is required to be approved and implemented. 4 , , , . ' , , LOCAL SERVICES: This property is located within the City limits and will be provided with City services. The School District has noted that this development will generate about 44 students which will contribute to the future overcrowding of the schools. School bus service can be provided to this area. Postal service can be provided to the property. Power, telephone and cable TV will be provided to serve the property via underground cable. NATURAL ENVIRONMENT: The Corps of Engineers will have to approve any changes to the wetlands through a 404 permit. The Natural Resource Conservation Service has noted the presence of hydric inclusions and seasonal high water tables. In addition, the soil presents severe development constraints for construction of foundation and roads. The NRCS was also concerned about the potential contamination of the groundwater by runoff from parking lots and the allowed uses in an industrial/commercial development. WILDLIFE AND WILDLIFE HABITAT: The sitc is sporadically frequcnted throughout the year by whitetail deer. Small mammals routinely use the site. An active beaver pond is located in the northeast portion of the site. Many songbirds seasonally utilize the area. Mallards have been observed on the site. This area has not been identified as a critical big game habitat or migration corridor. Retcntion and enhancement of the wetlands will maintain habitat for whitetail deer, small mammals, songbirds and puddler type waterfowl. PUBLIC HEALTH AND SAFETY: There will be some effects on the volume of traffic added to the existing road systems. All public streets must be dedicated and constructed to City of Bozeman standards or greater. The road connections to the cxisting street system must be obtained. Improvements and signage must be provided for the railroad spur crossing at the intersection of Mendenhall Street and Broadway Avenue. XI. The City Commission also reviewed the review criteria to be considered during review of Conditional Use Permits for zoning Planned Unit Developments, and found that, with conditions, the development would comply with those criteria. XII. 5 . . . , ' , , Having found that the proposed development met the primary criteria for the Montana Subdivision and Platting Act, and the conditional use pennit and planned unit development review criteria of the Bozeman Zoning Ordinance, the Bozeman City Commission, at their August 7, 1995 meeting, voted 5-0 to approve the preliminary plat and zoning application for a planned unit development to divide 58.13 acres into 13 lots and 2 open space parcels for mixed use (industrial, commercial and residential) condominiwn development, known as Cupola. ORDER IT IS HEREBY ORDERED that the Preliminary Plat and zoning Planned Unit Development applications to divide 58.13 acres into 13 lots and 2 open space parcels for mixed use (industrial, commercial and residential) condominiwn development, to be known as Cupola, has been found to comply with the primary criteria of the Montana Subdivision and Platting Act, the Bozeman Area Subdivision Regulations, and the conditional use pennit and planned unit development review criteria of the Bozeman Zoning Ordinance, and is therefore approved, subject to the conditions listed below: Z-9539, Conditional Use Permit for Planned Unit Development conditions. 1. The devcloper shall provide a master signage plan in accordance with Section 18.65.080 for review and approval by the Design Review Board. 2. The developer shall provide specific architectural guidelines, e.g., colors, material, lighting, rooflines, etc., for review and approval by the Design Review Board. 3. The developer shall establish a tenant conflict resolution method, and provide the means to measure noise levels. 4. The developer shall ensure that the historic features are 6 " , , . , , photographically preserved, and place the photographs in an appropriate repository. 5. The developer shall provide any necessary mitigation measures to diminish the potential conflicts between residential and industriaV commercial uses, both on-site and the adjacent residences. Mitigation measures shall include reasonable adherence to performance standards provided by the developer, which shall take into consideration the provisions of Section 18.53.030 ofthe zone code. The developer shall submit these mitigation measures to City Commission for review and approval prior to final site plan approval. 6. The developer shall provide a buffer, e.g., open space, landscaping, fencing, etc., along the southern boundary between the hillside residential and the East Main Street development. 7. Drainage appurtenances shall provide landscaped open space areas. If drainage appurtenances which do not provide landscaped open space areas are proposed, an equivalent amount of landscaped open space areas shall be provided on each lot. 8. The developer shall provide a master lighting plan for review and approval by the Design Review Board. 9. The developer shall clarify the phasing of improvements schedule, to include; drainage appurtenances, weed control for excavated areas, emergency access, recreation/open space, etc., and completion timing for all improvements. 10. The final site plan and development ofthe site shall conform to all applicable City of Bozeman regulations. 11. Drive approach and public street intersection sight triangles, in accordance with Section 18.50.080 of the Bozeman Municipal Code, shall be shown on the final site plan and maintained free ofplantings which, at mature growth, will obscure vision within the sight triangle. 12. Adequate snow storage area must be designated outside the sight triangles, but on the subject property (unless a snow storage casement is obtained for a location off the property and filed with the County Clerk and Recorder's Office). 13. Al1 exterior light fixtures shall be designed with cut-off shields to deflect 7 , , , , , light down and/or away from adjacent properties and streets, and must be detailed on the final site plan. Light fIxture luminaires shall not be visible from adjacent properties and streets. Light standards shall not exceed a height of 20 feet or the height of the structure, whichever is lower. 14. Boulevard planting detail shall be provided and must comply with the Engineering Department standards. Root barrier material should be used. 15. A temporary form of the street/road address shall be displayed at all times during construction of the building, and a permanent address shall be displayed upon completion of the development. 16. The final landscape plan shall include finish grade contours (at appropriate intervals) and finish grade elevations at all building comers, entries, sidewalks, and curbs; as necessary to assure adequate control of storm drainage and disabled accessibility. 17. The required number and configuration of off-street parking spaces and handicapped parking spaces shall be provided in accordance with Section 18.50.120 ofthe Bozeman Municipal Code with the exception that for each mixed, residential with industriaVcommercial, use building, the minimum number of required off-street parking spaces for the industrial uses may be reduced by one-half. 18. All improvement drawings shall have complete legends of symbols used, shall be legible and shall be adequately dimensioned. 19. A detailed Storm water Drainage and Treatment Plan for a system designed to remove solids, silt, oils, grease, and other pollutants from the runoff must be provided to and approved by the City Engineer for each phase of development. Each plan must demonstrate adequatc site drainage (including sufficient spot elevations), stormwater detention/retention basin details including basin sizing and discharge calculations and stormwater discharge destination, discharge structure details, and must locatc and provide easements for adequate drainage ways within the development. The stormwater improvements proposed for each phase of the development shall be complete and able to serve all of the improvements proposed for that phase. A Stormwater Facilities Maintenance Plan shall be provided to and approved by the City Engineer for each phase of the development. Each 8 , , maintenance plan shall clearly identify the persons responsible for maintaining the proposed stormwater facilities, the procedures which are to be followed and the frequency of the maintenance activities. An existing 48-inch culvert is located on the site to the west ofthe future intersection of Highland Boulevard and East Main Street. Provisions shall be made to safeguard and perpetuate this culvert or other means of transmission during all phases of construction. An easement for storm drainage shall be provided to the City. 20. A detailed Site Grading/Geotechnical Plan shall be provided to and approved by the City Engineer for each phase of the development. Each Plan shall include existing contours, selected finished spot elevations and finished contours in such significant locations as areas where buildings are to be located on slopes or where retaining walls will be used. Each Grading/Geotechnical Plan will clearly define the extent of all cuts and fills for that phase, identify any geologic or geotechnical conditions affecting that phase which may result in property damage (e.g., due to settlement or slides, high groundwater, etc.) and clearly indicate all measures which are to be taken to mitigate those affects. If surcharging of areas is used as a method of pre-consolidation, subsequent reports will be submitted detailing the efficacy of the surcharging. 21. The location of existing water and sewer mains shall be properly depicted on any plans for proposed improvements. Proposed main extensions shall be noted as proposed and existing mains shall be noted as existing. 22. Any drive approaches offpublic right-of-way (e.g., Mendenhall and Front Streets) shall be constructed in accordance with the City's standard approach, e.g., concrete apron, sidewalk section, and drop- curb. 23. Floodplain: a) The IOO-year floodplain boundary and flood elevations shall be clearly identified on all plan sheets showing proposed developments as well as on the final plat. This information shall be provided to the City Commission prior to application for Floodplain Development Pennit and fmal site plan approval. b) A Floodplain Development Permit must be obtained from the City Engineer prior to any construction within the floodplain. 9 , , c) All buildings must be flood-proofed to at least 2 feet above the I OO-year flood elevation. Elevation ccrtificates must be provided for each building following completion of construction. 24. All existing utility and other eascments must be accurately shown on the improvemcnt drawings. 25. Project phasing shall be clearly defmed including detailed descriptions of the phased installation of infrastructure. 26. Once utilities have been installed and accepted, access to those utili tics shall be providcd for and maintained at all times. In the casc of utilities which are not located in streets, the type of access provided, e.g., gravel section, turf road etc., shall be approved by the City Water and Sewer Departments. 27. A stop sign and street marker shall be installed by the developer on Mendenhall at the intersection of Broadway Avenue and East Mendenhall. 28. If a traffic projection determines that a signal light is warranted at the Highland and Main Street intersection then the developcr shall pay his fair share for the installation of the said signal. The signal light shall be fully operational at the time Highland Boulevard is open to the traveling public. 29. A traffic impact study, prepared by a professional civil engineer or traffic engineer registered in the State of Montana, shall be completed for the effects this development would have on the surrounding streets and intersections such as Broadway and Main Street. The scope of the traffic impact study shall be subject to the review and approval by the Director of Public Scrvice. The traffic impact study, along with the Director of Public Service recommendations, shall be submitted to the City Commission for final decision. The City Commission shall review and consider the study and mitigation measures, along with department recommendations and other relevant factors, in their approval of the measurcs proposed. Any mitigation measures approved by the City Commission shall be completed by the applicant. 30. All roadways used by the Fire Department for access shall provide a minimum of 20 feet clear and unobstructed width. 31. Access roads in excess of 150 feet in length shall include fire apparatus 10 i turn-around provisions approved by the Fire Department. 32. Landscape plan sheets Nos. 3 and 4 show street trees within 5 feet to 6 feet from the water main. These trees should be located at least 9 feet from the water main. 33. Location of all future building service lines must be approved by the City of Bozeman Water Department. Proposed building site plans showing water service location, size, and proposed meter location in building must be furnished to the City of Bozeman Water Department for review and approval prior to issue of building permit. 34. Any future building fire sprinkler service lines must be designed and installed per City of Bozeman ftre service line standard dated October I, 1993. 35. Drivable sewer maintenance truck access must be provided to all sanitary sewer manholes. This includes all existing, new and relocated manholes. 36. The developer shall provide weed eradication, particularly knapweed. 37. The Gallagator Trail extension shall be constructed of a gravel tread with underlying geotextile fabric, and the wetland paths shall be constructed of wood chips (subject to approval by the Anny Corps of Engineers) . 38. The Gallagator Trail extension shall be completed in Phase II when East Mendenhall Street is extended to the Highland Boulevard intersection. 39. The developer shall specify the timeline of all remaining traillhikelbike development. 40. The developer shall extend the Gallagator trail extension casement to connect to Broadway on the south end of the development. 41. Seven copies of the fmal site plan, for Phase I, containing all of the conditions, corrections, and modiftcations approved by the City Commission shall be submitted for review and approval by the Design Review Board (DRB) and the Development Review Committee (DRC) within three years of the date of City Commission approval. Upon application and for good cause, the Planning Director may administratively extend the period for ftling a final site plan for two 11 successive six-month periods. Any additional six-month extensions must be approved, if at all, only by the Planning Board. Signed copies shall be retained by the City departments represented on the Development Review Committee, and one signed copy shall be retained by the applicant. 42. Preliminary Site Plan applications for the remaining phases shall be submitted for review and approval by City Commission within five years of the date of City Commission approval of the Master Plan and Development Guidelines. 43. The twelve (12) additional dwelling units, for a total of 100 dwelling units, shall be guaranteed to remain as affordable low income housing units for a period of not less than twenty (20) years. Affordable low income shall be as defined by the Bozeman Affordable Housing Policy Statement. The guarantee shall take the form of a contractual agreement between the applicants, assignees and successors and an affordable housing management group, unless another form of guarantee is found to be acceptable by the City, and shall include the City as a party. The agreement shall be subject to review and approval ofthc City Attorney. 44. A berm shall be provided along the western property line in Phase I. The berm is intended to function as the current hill does buffering the residential neighborhood along Broadway from the existing railroad and other noise sources to the east and northeast, and to shield the neighborhood from noise associated with future ground floor industrial uses. The applicants shall provide a design, by an acoustical expert, for the benn which meets this intent to the City Engineer and City Commission for review and approval. However, the berm shall be a minimum of six (6) feet high, and shall be adjacent to the southwestern most building and extcnd to the north edge of Lot 3. This does not preclude the berm from attaching to an off-site berm. The berm may not have a slope that exceeds one foot of rise for each two feet of run, and shall be planted with landscaping that includes trees and shrubs which demonstrate seasonal color, texture, shape, and further buffer noise. The landscaping shall be capable of providing a solid appearance within three (3) years. The proposed landscaping plan shall be subject to review and approval by the Planning Department. 45. Thc applicant shall enter into an hnprovements Agreement with City to guarantee the installation of required on-site improvements at the time of final site plan submittal. Detailed cost estimates, construction plans 12 , and methods of security shall be made a part ofthat agreement. 46. A building permit must be obtained prior to work, and must be obtained within one (1) year of final site plan approval. Building permits will not be issued until the final site plan is approved. Minor site surface preparation and normal maintenance shall be allowed prior to submittal and approval of the final site plan, including excavation and footing preparation, but NO CONCRETE MAYBE POURED UNTIL A BUILDING PERMIT IS OBTAINED. 47. I f occupancy of the structure or commencement of the use is to occur prior to the installation of all required on-site improvements, the Improvements Agreement must be secured by a method of security acceptable to the City of Bozeman equal to one and one-half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve (12) months; however, all on-site improvements shall be completed by the applicant within nine (9) months of occupancy to avoid default on the method of security. 48. When a Conditional Use Permit has been approved by the City Commission, the permit shall be issued by the Planning Director upon the receipt of applicant's written consent to all of the conditions imposed, including the Conditional Use Permit Conditions Required by Section 18.53.030.0: a) That the right to a use and occupancy permit shall be contingent upon the fulfilhnent of all general and special conditions imposed by the conditional use permit procedure. b) That all of the special conditions shall constitute restrictions running with the land use and shall be binding upon the owner of the land, his successors or assigns. c) That all conditions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successors or assigns. d) That all of the special conditions shall be consented to in writing by the applicant. 13 , .' P-9518, Preliminary Subdivision Plat conditions. 1. That the final plat shall conform to the Uniform Standards for Final Subdivision Plats, contain all appropriate certificates, and be accompanied by all appropriate documents, including a Platting Certificate. 2. All conditions of approval of Application No. Z-9539 shall be met prior to installation of subdivision infrastructure improvements. 3. The following note shall be added to the plat: a) Duc to the relatively high groundwater table within the subdivision, it is not recommended that full or daylight basements be constructed. 4. The property owners shall provide a hold harmless and indemnification agreement holding the City of Bozeman harmless and indemnifying it from liability claims and remediation arising from environmental contamination that arises from the dedicated property and public improvements that arise prior to date of acceptance of dedication or public improvements. The agreement shall be provide to the City Attorney for review and approval prior to site grading, initiation of construction, and final plat approval. 5. The applicant shall provide a schedule of improvement phasing, timing and completion dates; including all public improvements and all on-site common area improvements, to the Planning Department for review and approval prior to final plat approval. 6. The applicant shall submit a Weed Control Plan for the subdivision to County Weed Control Officer for approval, and a signed copy of the plan be submitted to the Planning Department prior to fmal plat approval, and the plan shall be initiated prior to final plat approval. 7. The Montana Fish, Wildlife and Parks; Soil Conservation Service, Montana Department of Health and Environmental Sciences, and Army Corps of Engineers shall be contacted regarding the proposed project; and any required permits (i.e. 310, 404, turbidity exemption, etc.) shall be obtained. Documentation that permits have been obtained, or that none are required, shall be provided to the Planning Department and the City Engineering Department prior to any site grading or initiation of construction. 14 .-'. I , , 8. The property owners shall provide and file with the County Clerk and Recorder's Office an executed Waiver of Right to Protest Creation of SID's. The Waivers shall specify that in the event SID's are not utilized for the completion ofthese projects, the applicant shall agree to participate in an alternate financing method for completion of said improvements on a fair share, proportionate basis as determined by square footage ofthe property, linear front footage of the property, taxable valuation of the property, or combination thereof. Said Waiver shall include the following improvements: a) Signalization improvements to Broadway and Main Street, and/or Wallace and Main Street. b) Sidewalk on the south side of Mendenhall from Broadway to Cupola Lane. Said waiver shall be a covenant running with the land and shall not expire. 9. Utility easements shall be shown on each lot on the final plat. The 20 foot access easement off of the Hillside development shall be changed to a utility and access easement. 10. A minimwn 20-foot (15 feet on one side and 5 feet on the other) ditch maintenance easement shall be provided along the ditch(s). 11. The covenants shall be amended to include; the City of Bozeman as a limited nonvoting member so that the covenants with regards to matters which affect public interest may not be amended or revoked without the mutual consent of the City of Bozeman; assurances of public access to the trail system, open space, and wetlands; the common elements shall specifically include street, driveways, curbs, gutters, sidewalks, drainage appurtenances; repair and maintenance of the common elements shall be specifically discussed; conflict resolution body with non-owner tenant representatives; and amendments as proposed by the applicant, and submitted to and approved by the City Attorney's Office and the Planning Department prior to final plat approval. 12. Preliminary plat approval does not exempt the developer from impact fees established at a later date which are based on final plat approval or building permit approvaL Final plat approval(s) shall be subject to any impact fees which arc implemented prior to said fmal plat approval. Development of individual lots shall be subject to any impact fees applicable to building permit applications implemented prior to building permit approval. 15 . I 13. An erosion/sediment control plan, approved by the Montana Department of Health and Environment Sciences, shall be provided and approved by the City Engineering Department, and implemented prior the final plat approval. The Montana Department of Health and Environmental Sciences, Water Quality Bureau, shall be contacted by the applicant, to determine if a Storm Water Discharge Permit is necessary; and documentation of this contact shall be furnished to the Planning Department prior to fmal plat approval. The developer shall provide a copy of his stormwater permit to the City of Bozeman and demonstrate compliance prior to initiation of any related construction. 14. Approval from the Subdivision Program of the Montana Department of Health and Environmental Sciences Water Quality Bureau must occur prior to final plat approval, pursuant to Section 16.16.101 through 16.16.805, ARM. 15. All dead end roads must end in an temporary turnaround approved by the City Engineering Department. If the turnarounds are not located on the subj ect property, easements for the temporary turnarounds shall bc recorded prior to approval of thc infrastructure plans and specifications. City standard barricades shall be constructed at the ends of any dead- end city streets created by this subdivision. 16. If it is the developer's intent to file the plat prior to the completion of all required improvements, an Improvements Agreement shall be entered into 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 the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to one hundred and fifty percent (150%) of the cost of the remaining improvements. 17. Alignment of Highland Boulevard at both the north and south terminus is still subject to review and approval. At the north end, the alignment must match the City's design of Front Street improvements. At the south end, more detailed information is necessary to assess the geometrics of the Highland/Main intersection. 18. Any additional off-site right-of-way necessary to construct Highland Boulevard, Front Street, and Mendenhall improvements required of this development must be secured, at the applicant's expense prior to construction of the subject streets. This condition does not preclude a joint public/private acquisition of the right-of-way for Highland 16 ------------- , I . Boulevard or the City obtaining the right-of-way for Highland Boulevard through condemnation. 19. Rubberized crossings must be installed on Mendenhall Street at the railroad spurs. Appropriate signage and pavement markings must be installed by the applicant at these spur crossings. 20. All recommendations made in the site's geotechnical report must be followed/implemented when constructing public infrastructure. 21. A second City-standard street access to the subdivision shall be provided prior to construction in Phase II. This access may connect to Front Street only if Front Street has either been improved to a City street standard from North Rouse A venue to BroadwaylFront or fInancing is in place with construction anticipated to be completed prior to completion of the fIrst building in Phase II. 22. Full public access to the State of Montana owned land southeast of this property must be dedicated on the fInal plat. If the applicants prove that this property has reasonable legal access from another direction to the satisfaction of the City Attorney, then full public access shall consist of a 30 foot wide public access easement with county gravel standard drivable surface. 23. Waivers of right- to-protest creation ofSIDs for signalization of the intersections of Main and Broadway and/or Main and Wallace must be signed by the property owner(s). 24. Any and all ditches across the property must be maintained, unless written consent is obtained from the ditch owner(s) to change, alter, or abandon the ditch. If any ditch has been abandoned, this requirement is not in force for said ditch. 25. The applicants shall provide a clear delineation of maintenance responsibilities and apportionment of costs between the City and the property owners (present and future) for the for the 28 foot Mendenhall right-of-way and adjacent public use areas. This shall be subject to the review and approval of the Public Services Director and the City Attorney. 26. Plans and specifications for the water and sewer main extensions and for the public and private streets (including curb, gutter and sidewalks) and related storm drainage infrastructure improvements prepared by a 17 1 I ., , Professional Engineer (PE) registered in the State of Montana shall be provided to and approved by the City Engineer for each phase of the development. Water and sewer plans shall also be approved by the Montana Department of Health and Environmental Sciences. 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 for any phase until the plans and specifications for that phase have been approved by the City Engineer for that phase and a preconstruction conference has been conducted. Easements for the water and sewer main extensions shall be a minimum of 30 feet in width with the utility located in the center of the easement. In no case shall the utility be located less than 10 feet from the edge of the easement. 27. All infrastructme improvements for each phase including 1) water and sewer main extensions, and 2) Public streets, curb & gutter, sidewalks fronting parks, open space, or other non-lot frontages, and related storm drainage infrastructure improvements shall be constructed 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 the infrastructure improvements for that phase. City standard sidewalks shall be constructed on all public street frontages of a property prior to occupancy of any building constructed on that property. Upon the third anniversary of the plat recordation of any phase of the Planned Unit Development, any lot owner who has not constructed said sidewalk shall, without further notice, construct said sidewalk for their lot(s), regardless of whether other improvements have been made on the lot. This condition shall be included on the plat and in the covenants for the subdivision. 28. Prior to the construction of any infrastructure for this project, a detailed utilities design report shall be provided to the City Engineer. This design report shall assess both the estimated design wastewater flows and the estimated water demands in relation to the existing systems capacity to provide the required service. The design report shall fully consider the ultimate service area for the proposed development. Any deficiencies in the existing infrastructure shall be corrected to the extent necessary to provide adequate service for each phase of this project as part of the infrastructure improvements proposed for this project. Recognizing that the City may participate in existing deficiencies and oversizing costs in accordance with City policy. 18 , 1 I , 29. Plans and specifications for all fire service lines in a given phase must be prepared in accordance with the City's Fire Service Line Policy by a Professional Engineer (PE) registered in the State of Montana, and be provided to and approved by the City Engineer prior to initiation of construction of the fire service or fire protection system. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. 30. All portions of utility lines which may at any time be subject to excessive or differential settlement shall be identified prior to any Phase I construction. A plan detailing the specific steps which will be taken to eliminate the damaging effects of this settlement prepared by a Geotechnical engineer will be submitted to and approved by the City Engineer. 31. Sanitary sewer lines shall be constructed with manholes at all changes of direction, slope or diameter. Any manholes installed in groundwater or wetland shall be watertight and so designed as to resist all buoyant forces. 32. All water mains for each phase of development shall be looped fully. No section of water main shall require a subsequent phase to complete its loop. 33. The Highland Boulevard Right-of-Way shall be dedicated to a 75-foot width. In that the proposed development plans indicate construction and landscaping on the Highland Boulevard fill slopes, it is important that the full right-of-way width be provided at the top of the fill section that is to be constructed. The City Commission may consider entering into an agreement to participate in the construction of the additional fill required to go from a 60 foot wide ( local street) embankment width to a 75- foot wide embankment. Setbacks along Highland Boulevard shall be a minimum of 25 feet. 34. Each Phase of Highland Boulevard between Main Street and Broadway shall be constructed as proposed with design subject to review and approval of the City Engineer. Turning lanes shall be provided at the intersections of Highland Boulevard with Rajah Drive and East Mendenhall Street. Highland Boulevard shall be constructed with curb and gutter, City standard boulevard sidewalks on both sides of the Street, and necessary storm drainage elements. A hikelbike path, meeting AASHTO standards, shall be provided within the street right- 19 ~ , 1 . of-way. The design shall be reviewed by the Bozeman Area Bicycle Advisory Board, with those recommendations to be forwarded to the City Engineer for review and approval. 35. All water and sewer main extensions and relocations must be designed by a Professional Engineer registered in the State of Montana. Plans and specifications to be submitted and approved by the State Department of Health and Environmental Sciences. Applicant must also provide P .E. services for construction inspection, post construction certification, and preparation of Mylar record drawings. 36. Water main extension installed for each phase must be "looped" or supplied from both ends to assure adequate supply for fire protection. Maximum dead end water main extension length without looping is 250 feet. 37. Water and sewer main extensions and service stubs for each phase of the projects must be installed, tested, approved and accepted by the City of Bozeman prior to issue of building permits for that phase. Specific comments concerning water and sewer will be made during review of engineering plans. 38. City of Bozeman requires a thirty foot utility easement for water and/or sewer main extensions. Water and sewer mains in this thirty foot casement are to be located a minimum of 10 feet apart and equal distance from each main to the easement lines. This arrangement assures at least 9 feet separation from the mains to trees, structures, etc., located outside of the easement. 39. That the developer shall have three years from the date of preliminary plat approval to complete the above conditions and apply for fmal plat approval of all phases of the subdivision. 40. The applicants shall provide all public rights-of-way, and utility and drainage easements to the City of Bozeman prior to or in conjunction with Phase I final site plan approval and/or final plat approval for Phase I. 41. The applicants shall provide and maintain a gravel, restricted emergency access from the proposed Phase I end of Mendenhall to connect to an existing presently traveled right-of-way located northwest ofthe property, which is improved to at least a gravel standard, prior to final plat approval. The access restriction shall be subject to review and 20 , I , ~ approval of the Fire Department. 42. Access to Front Street shall be emergency access even in later phases, unless and/or until the City shall determine that full public access is warranted. At that time, it shall be the property owners responsibility to improve Front Street to a full City standard paved road. Front Street shall be improved from the Highland/Mendenhall intersection to a location determined by the City during review and approval of the design. The developer shall have three years from the date of this approval to complete the above conditions and apply for final site plan approval of Phase I and final subdivision plat approval, and shall have five years from the date of this approval to complete the above conditions and apply for fmal site plan approval of Phase 2 and Phase 3, unless an extension is granted and approved. DATED this 2nd day of October ,1995. - \r4~ ATTEST: ~~1~ Robin L. Sullivan Clerk of the Commission 21 , , , ~ APPROVED AS TO FORM: .,........, .....--,/"., //'! ."...;t"J ---1 J~f!/4~/~~:;{iii~ / Paul 1. {uwe, City Attorney 22