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HomeMy WebLinkAbout05- Gallatin Center Subdivision, Phase IV , BEFORE THE BOZEMAN CITY COMMISSION IN THE MATTER OF THE APPLICATION OF FINDINGS OF FACT GALLA TIN CENTER LIMITED PARTNERSHIP AND ORDER FOR PRELIMINARY PLAT REVIEW OF GALLA TIN CENTER SUBDIVISION P.U.D., PHASE IV, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA PURSUANT to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-625, Montana Codes Annotated, and the Bozeman Area Subdivision Regulations, a public meeting and public hearing were scheduled, after notice given, before the Bozeman Planning Board on December 2, 2003, and before the Bozeman City Commission on December 15,2003, on the above-cntitled application. Thc applicant presented to the City Commission a proposed preliminary subdivision plat to subdivide 48.73:1:: acres ofland and create nine (9) commercial lots as the fourth phase of a mixed-use commercial subdivision. The purpose of the public hearing was to consider all relevant evidence relating to public health, safety, and welfare, including the required environmental assessmcnt and recommendation of the Planning Board, to determine whether the plat should be approved, conditionally approved, or disapproved. It appeared to the City Commission that all parties and the public wishing to appear and comment were given the opportunity to do so, and therefore, being fully advised of all matters having come before it regarding this application, the City Commission makes the following Findings of Fact, as required: FINDINGS OF FACT I. The application for preliminary subdivision plat review of Gallatin Center Subdivision P.U.D., Phase IV, was submitted to the Bozeman Planning Office on October 8, 2003. The preliminary subdivision plat, as proposed, will subdivide 48.73:1:: acres of land and create nine (9) commercial lots. All commercial lots will be served by City of Bozeman water and sanitary sewer services, and will be accessed by public streets with improvements to Cattail Street, North 19th Avenue, and the construction of interior local subdivision streets. Dedicated parkland is not required with said subdivision. A public open space/linear trail corridor will be developed along the course of East and West Catron Creek. I GALLATIN CENTER SlJRDlVISION r.lLO., PHASE IV - FINDINGS OF FACT AND ORDER 1 , The subdivider has requested a variance to Section 16.14.170 "Watercourse Setback" of the City of Bozeman Subdivision Regulations to reduce the required stream setbacks from fifty (50) feet to thirty-five (35) feet along a portion of East Catron Creek. II. Notice of the public hearing before the Bozeman City Commission was published in the Bozeman Daily Chronicle on Sunday, November 16, 2003, and the notice was posted at the site and mailed by Certified mail, return receipt requested, to all adjoining property owners. III The Planning Board heard the matter of preliminary subdivision plat review on December 2, 2003. The Planning Staff reviewed the project at that time and discussed the recommended conditions of approval submitted by the Development Review Committee, including street improvement standards, public open space/trail corridors, placement and location of public trails along East and West Catron Creek, limited access onto Durston Road, collector street standard for North 15th Avenue, bike paths and lanes, pedestrian trail system, and the need for signalization improvements at the intersection of Durston Road and North 15th A venue. The Planning Staff discussed the history of Gallatin Center Subdivision P.U.D. and the developer's request to relax the regulatory standards outlined in Section 16.14.170 "Watercourse Setback" of the City of Bozeman Subdivision Regulations. The Planning Staff reported that no written testimony, in favor of: or opposition to, the preliminary plat application was received as of the public meeting before the Planning Board. IV. Chris Budeski of Allied Engineering, representing the applicant, discussed the history ofthe commercial planned unit development, responded to questions by the Planning Board, and discussed items related to the requested variance to maintain the East Carton Creek setbaek of thirty-five (35) feet instead of the new fifty (50) foot setback required by the subdivision regulations. Gene Graf: owner and applicant, responded to questions regarding the condition of the public trail and open space corridor along West Catron Creek, and problems with maintaining the public corridor behind Costco and Target. I GALLATIN CENTER SUBDIVISION P.ll.D.. PHASE IV - FINDINGS OF FACT AND ORDER 2 V. The publ ic meeting portion on this matter was opened for public comment with one (1) member of the general public, Blair McGavin residing at 1013 Thomas Drive, providing testimony. Mr. MeGavin expressed eoncem with the impact on Thomas Lane residents with the construction of North 2ih Avenue and the ability to annex to the City to obtain municipal services. After calling for further public testimony, and hearing none, the Planning Board closed the public comment portion of the meeting. VI. After finding that the Preliminary Plat was properly submitted and reviewed under the procedures of the Bozeman Area Subdivision Regulations, the Bozeman City Zoning Regulations, and the Bozeman Area Master Plan, the Planning Board reviewed and considered the facts against the criteria established in Title 76-3-608, M.C.A. The Planning Board considered the recommended conditions prepared by the Planning Staff and Development Review Committee, and discussed the variance to the East Catron Creek thirty-five (35) foot setback and possible relocation of the watercourse to eliminate the need to request a variance. VII. The Planning Board found that with the attached conditions the major subdivision would comply with the primary review criteria, and therefore voted 6-1 to forward a recommendation of conditional approval to the Bozeman City Commission in Planning Resolution No. P-02050 with said conditions recommended by the Planning Offiee. VIII. The matter of preliminary plat review for Gallatin Center Subdivision P.U.D., Phase IV, after notice given, was scheduled to be heard before the City Commission on Monday, December 15, 2003. Prior to said public hearing on the matter, the applicant requested that the public hearing be opened and continued before the City Commission until February 2,2004. IX. The matter was considered at a continued public hearing before the City Commission on Monday, February 2, 2004. The Planning Staff reviewed the project at that time, outlining the need for a continued public I GALLATIN CENTER SlJBDlVISION P.U.D.. PHASE IV - FINDINGS OF FACT AND ORDER 3 hearing before the governing body, and forwarded the Planning Board's recommendation of conditional approval to the City Commission. Chris Budeski of Allied Engineering, representing the applicant, discussed items related to the requested variance to maintain the East Carton Creek setback of thirty-five (35) feet instead of the new fifty (50) foot setback required by the subdivision regulations, condition of the public trail and open space corridor along West Catron Creek, and problems with maintaining the public corridor behind Costco and Target. X. The public meeting portion on this matter was opened for public comment. After calling three times for public testimony, and receiving none, the public hearing portion on this preliminary plat application was closed. XI. The City Commission then considered the minutes, public record and recommendation of the Planning Board, the developer's testimony, and weighed the proposed subdivision against the primary criteria for subdivisions established in Title 76-3-608, and found as follows: 76-3-608.3.a, M.C.A. 1) EFFECTS ON AGRICULTURE: Historically, the subject property has been used for agricultural purposes with the majority ofthe 48.73- acre parcel used for cultivating crops or pasture. The Soil Potential Maps identify the site as being good producing soils for agricultural activity and a viable farm unit. As a result, 48+ acres of good producing agricultural land will be eliminated from agricultural activity based on the Soil Maps. The property under consideration is a subsequent phase of Gallatin Center Subdivision P.U.D. that is consistent with the Bozeman 2020 Community Plan and is designated to develop as "Regional Commercial and Services ,. and "Business Park" 2) EFFECTS ON LOCAL SERVICES: The preliminary plat application is part of a phased planned unit development containing a preliminary master plan for accessing municipal infrastructure for the purposes of providing sanitary sewer and domestic water service, as well as adequate transportation facilities for the general public, and emergency services, police and fire protection. The cost of extending infrastructure to the property will be the sole responsibility of the developer, unless over sizing of water and/or sanitary sewer main capacities is requested by the City. In such cases, the City of Bozeman will participate in the over sizing of infrastructure. 3) EFFECTS ON NATURAL ENVIRONMENT No significant physical or topographical features, exclusive of East and West Catron Creek and associated wetlands, have been identified on Phase IV of Gallatin Center Subdivision P.U.D. Any I GALLATIN CENTER SliBIlIVISION P.U.D.. PHASE IV ~ FINDINGS 011 FACT AND ORDER 4 relocation, mitigation and/or enhancement of watercourses and associated wetlands will occur only with the approval of 310 and/or 404 Penn its from the Gallatin County Conservation District and Army Corp of Engineers. Groundwater quality will be protected by the installation of municipal sanitary sewer services, and provisions have been included in the applicant's submittal to address the control of noxious weeds, agricultural fencing and maintenance of pubic trail/stream corridors related to the two watercourses. 4) EFFECTS ON WILDLIFE AND WILDLIFE HABIT A T Because the area in question was historically used for cultivating agricultural crops prior to this development proposal, and finding no substantial evidence of mature vegetation, bushes or trees existing on the property in question, no significant impacts on wildlife or wildlife habitant have been identified. The potential impact on the riparian area for both watercourses and established wetlands will be addressed with requirements for issuance of Section 310 and 404 Permits. Therefore, no effects on any significant wildlife and their habitat should occur as a result of the proposed subdivision. 5) EFFECTS ON PUBLIC HEALTH AND SAFETY The Bozeman Development Review Committee (D.R.C.) reviewed the application for Preliminary Plat review of Gallatin Center Subdivision P.U.D., and as result have determined that said impacts to the area's public health and safety identified with this subdivision proposal and outlined in the this staff report, have the ability to be mitigated based on the recommended conditions of approval prepared by the D.R.C. 6) EFFECT ON AGRICULTURAL WATER USERS FACILITIES Any relocation and/or alterations of East and West Catron Creek must include an assessment of the potential impacts to downstream water users facilities during construction. Nonetheless, the applicant will need to provide a notation of the final plat stating that the development of Phase IV will not interfere with any agricultural water user facilities for downstream water rights. All subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, M.C.A., 1995 regardless of compliance with master plan status. As a result, the Planning Office has reviewed this application against the listed criteria and further provides the following summary review: 76-3-608.3. b.M.C.A. (i) - Compliance with survey requirements provided in Part 4 of the Montana Subdivision and Platting Act. The proposed major subdivision appears to have complied with the survey requirements in Part 4 of the Montana Subdivision and Platting Act and will be filed in the Gallatin County Clerk & Recorder's Office with Final Plat review and approval. (ii) - Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act. The proposed major subdivision is in general compliance with the City of Bozeman Subdivision Regulations based on the recommended conditions provided by the Bozeman Development Review Committee and other applicable review agencies. (iii) - Compliance with the local subdivision review procedures. I GALLATIN CENTER SllRDlVISION P.U.D.. PHASE IV - FINDINGS OF FACT AND ORDER 5 The application generally complies with the subdivision review procedures for a major subdivision established in the Bozeman Area Subdivision Regulations. Based on the recommendation of the D.R.C. and other applicable review agencies, as well as any public testimony received. The Bozeman Planning Board shall forward a recommendation in a Resolution to the Bozeman City Commission who will make the final decision on the proposed major subdivision. 76-3-608.3.c. M.C.A. (c) - Provision for easements for the location and installation of any planned utilities. All new facilities (i.e., electricity, gas, telephone, cable) will be installed underground. Appropriate easements shall be referenced on the Final Plat and the appropriate certificate on the plat granting the use of the easements to the necessary entities shall be provided. The Development Review Committee recommended a condition of Preliminary Plat approval that required the applicant to clearly identify the thirty (30) foot wide utility easement on the Final Plat for sewer and water mains that are located outside of dedicated public right-of-ways. 76-3-608.3.d, M.C.A. (d) - Provisions oflegal and physical access to each parcel. Legal and physical access to this application for Preliminary Plat review will occur from the extension of Cattail Street and North 2ih Avenue. Both North 2ih Avenue and Cattail Street are identified as collector roads for this area and will be constructed according to acceptable City collector standards. Direct access to each individual lot will oceur from predetermined access points that comply with the regulatory standards for egress/ingress separation and proximity to street intersections. No direct access onto North 19th A venue will be permitted and shall be noted accordingly on the Final Plat for this subdivision. XII. After considering all matters of record presented at the public hearing and meeting, the City Commission found that the proposed preliminary plat for Gallatin Center Subdivision Planned Unit Development, Phase IV, to divide 48.73:1:: acres and create nine (9) commercial lots, inclusive of the requested variance to Section 16.14.170 "Watercourse Setback" of the City of Bozeman Subdivision Regulations, would comply with the requirements of the Bozeman Area Subdivision Regulations and the Montana Subdivision and Platting Act if eertain conditions were imposed. ORDER THEREFORE, IT IS HEREBY ORDERED, on a vote of 5 to 0, that the Preliminary Subdivision Plat to subdivide 43.73:i: acres and create nine (9) commercial lots, has been found to meet the primary criteria of the Montana Subdivision Platting Act, and is therefore approved, subject to the conditions listed below. The I GALLATIN CENTER SUBDIVISION P.ILD., PHASE IV - FINDINGS OF FACT AND ORDER 6 evidence as stated in the Findings of Fact, justifies the conditions imposed on the subdivision to ensure that the final plat complies with all applicable regulations, and all required criteria, that appropriate and safe vehicular and pedestrian circulation is provided, adequate infrastructure and public services are provided, and adequate public access, utility easements, and rights-of-way are provided. This City Commission order may be appealed by bringing an action in the Eighteenth District court of Gallatin County, within 30 days after the adoption of this document by the City Commission, by following the procedures of Section 76-3-625, M.C.A. 1. Storm water Master Plan: A Stormwater Master Plan for the subdivision for a system designed to remove solids, silt, oils, grease and other pollutants from the runoff from the private and public streets and all lots must be provided to and approved by the City Engineer. The master plan must depict the maximum-sized retention basin location, show location of and provide easements for adequate drainage ways within the subdivision to transport runoff to the storm water receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin site, drainage ways and finished lot grades), typical stormwater detention/retention basin and discharge structure details, basin sizing calculations and a stormwater maintenance plan. Any stormwater ponds located within a park or open space shall be designed and constructed to be conducive to the normal use and maintenance of the open space. Stormwater ponds for runoff generated by the subdivision (e.g., general lot runoff, public or private streets, common open space, parks, etc.) shall not be located on easements within privately owned lots. While the runoff from the individual lots will be dependent on the intensity of use on each lot, the maximum sizing of the storm retention facilities for each lot will be established based on maximum site development. Final facility sizing may be reviewed and reduced during design review of the final site plan for each lot. The final approved stormwater master plan for the subdivision only covered the property from Cattail Street north. The report for the remainder of the property never went beyond the preliminary stages. A stormwater report must be submitted for this phase of the development, and all stormwater facilities needed to serve the subdivision infrastructure must be installed with the rest of the improvements for the subdivision. 2. Plans and specifications and a detailed design report for water and sewer main extensions, storm sewer and the public street, prepared by a professional engineer, shall be provided to and approved by the City Engineer and the Montana Department of Environmental Quality. The applicant shall also provide professional engmeenng 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 pre-construction conference has been conducted. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements. I GALLATIN CENTER SUBDIVISION P,l/.Il., PHASE IV - FINDINGS OF FACT AND ORDER 7 3. All infrastructure improvements including 1) 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. City standard residential sidewalks shall be constructed on all public street frontages of a property prior to occupaney 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 plat and in the covenants for the subdivision. 4. The location of existing water and sewer mains shall be properly depicted. Proposed main extensions shall be noted as proposed. 5. The Montana Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineers shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, turbidity cxemption, etc.) shall be obtained prior to final site plan approval. 6. Easements for the water and sewer main extensions shall be a minimum of 30 feet in width, with the utility loeated in the center of thc easement. In no case shall the utility be less than 10 fect from the edge of easement. 7. Project phasing shall be clearly defined including installation of infrastructure. 8. Thc developer shall make arrangements with the City Engineer's office to provide addresses for all individual lots in the subdivision prior to filing ofthe final plat. 9. Site plans for development on the individual lots will not be reviewed until the plans for the North 19th AvenueNalley Center Road improvements project have been approved by MDT and the City of Bozeman. No building permits will be issued until the North 19th AvenueNalley Center Road construction contract is awarded, and then on a case by case basis to ensure concurrent construction of thc street project and the site project will not negatively impact the public safety and to ensure alternatc routes are acceptable. 10. If construction of the proposed developmcnt conflicts with the North 19th A venue/ Valley Center Road construction, the development's construction activity shall be suspended at the City's or MDT's discretion. 11. North 27th A venue/Thomas Lane will be required to be improved to one half a collector standard as shown in thc Transportation Plan including curb, gutter, and sidewalk. A minimum 24-foot wide driving surface shall be provided to aceommodate two-way traffic until the west half is built. This shall be constructed from Cattail Street to the southern boundary of this subdivision with Phase II of the subdivision. A temporary gravel cul-de-sac shall be installed on the southern end ofthe street extension. 12. One foot no-access strips shall be dedicated the required distance from all intersections to make future driveways on all lots comply with the zone code. 13. That with development of Gallatin Center Subdivision P.U.D. the subdivider: 1) install the public trail within the West Catron Creek trail/stream corridor as an 8-foot wide asphalt surface with the proper specifications determined by City staff, 2) that the trail running south through Phase IV should be situated along the east side of the watercourse starting at least 170 feet north of Cattail Street, unless otherwise approved by the Planning Office, 3) that a weed control plan must be more effectively implemented I GALLATIN CENTER SIJBDIVISION P.U.D., PHASE IV - FINDINGS OF FACT AND ORDER 8 within the corridor, and 4) that access points along Lot 18 and Lot 19 onto North 27th Avenue be limited to not more than one (1) shared access. 14. That the subdivider install with final plat for Phase IV pedestrian/bike trail identification signs in accordance with G.V.L.T. standards at both sides of Cattail Street with the West Catron Creek pedestrian trail, and that the subdivider provide typical details and speeifications for the identification signs, for review and approval by the Planning Office and Gallatin Valley Land Trust. 15. That water rights, or cash-in-lieu thereof, shall be provided and paid for prior to final plat review and approval. If the final plat of the subdivision is filed in phases, water rights, or cash-in-licu thereof: will only be required for each phase of the subdivision that is being filed. The applicant shall provide payment of the calculated cash-in-lieu of water rights based on an amount determined by the Director of Public Service. 16. That all the subdivision blocks within the subdivision plat, separated by dedicated public rights-of-way, shall be clearly delineated using individual block num bers with each block containing its own group of lot numbers, unless determined differently by the Director of Public Service, 17. That prior to proceeding with any ground disturbance or installation of municipal infrastructure and/or streets, the subdivider shall provide the Planning Office with a Cultural Resource Inventory determining if any unknown or unrecorded cultural resources exist on the site in question and if such sites do exist, whether or not they will be impacted by the development of said lands. 18. That prior to proceeding with any ground disturbance or installation of municipal infrastructure and/or streets, the subdivider shall provide the Planning Office with approved Section 310 and Section 404 Permits from the applicable review agencies determining whether or not said watercourses and/or wetlands will be impacted by the development of said lands. 19. That the applicant provides a landscape plan of the West Catron Creek and East Catron Creek open space trail/stream corridors prepared by a certified landscape architect or nurseryperson illustrating the landscape design features, location and placement of the public pedestrian trail, typical cross section of the corridor including public trail specifications, and site grading plan for review and approval prior to submitting for final plat review and approval. The West Catron Creek public trail/stream corridor shall be delineated on the final plat as identifying the entire eorridor being situated on the site of the major subdivision and not on a portion of the adjoining property of Cattail Creek Subdivision, Phase 1. 20. That the contractor physically installing said trail improvements shall be required to hold a pre- construction meeting with the City of Bozeman Parks Department prior to proceeding with installation of said trail improvements and provide the Planning Office with written approval by the Superintendent of Facilities and Public Lands to proceed with construction of the trail improvements, and that said provisions and trail specifications be noted accordingly in the property owner's association documents for review and approval by the Planning Office. 21. That the subdivider install a scored concrete pedestrian crosswalk with signage for pedestrian and bike pathway crossings at the intersection Cattail Street and North 27th Avenue (i.e., similar to that in Cattail Creek Subdivision), crosswalk markings at the intersection of Cattail Street and Max Avenue, similar to that at the intersection of Burke Avenue and Max Avenue, and continue the same crosswalk scored concrete markings at the intersection with North 19th Avenue similar to the intersection of Burke Street and North 19th A venue. The subdivider shall submit plans and specifications for all pedestrian bridges proposed for crossing East and/or West Catron Creek, all street crossings, and signage details for review and approval by the Planning Office, prior to proceeding with said improvements and prior to submitting for final plat approval. I GALLATIN CENTER SUBDIVISION P.U.D.. PHASE IV FINDINGS OF I,'ACT AND ORDER 9 22. That the subdivider shall be responsible for installing sod, boulevard trees, and an irrigation system in the public right~of-way boulevard strips along all external subdivision streets and adjacent to subdivision parks or other common open space or common areas in accordance with Section 16.14.11O.A "City of Bozeman Rights-of-Way". 23. Prior to proceeding with installation of any landscape irrigation wells, the applicant shall obtain a well permit from the Gallatin County and Department of Natural Resources and Conservation. 24, That boulevard street lighting shall be incorporated into the subdivision and that alIlighting shall comply with City standards in effect at the time of installation, (Section 18.42.150 Unified Development Ordinance) with exception of Max Avenue, and shall be subject to review and approval by Planning staff prior to installation. 25. That the Declaration of Covenants, Conditions, and Restrictions for the property owners' association shalI be modified to include provisions for the installation, maintenance and upkeep of the public trail/stream corridors, as well as the design and installation of improvements within the corridors. This includes, but is not limited to: 1) trail standards and installation specifications, 2) landscape design features, 3) placement of landscape furniture and lighting, 4) pedestrian crossings and signage, 5) maintenance and upkeep of grass turf, 6) regular mowing, 7) control of noxious weeds, 8) proper installation of landscape irrigation, 9) design, screening, and approval of installation of irrigation wells and irrigation utilities, and ) 0) common ownership of pubic trail/stream corridors, for review and approval by the Planning Office prior to submitting for final plat review and approval. 26. The property owners' association documents shalI be amended to state that no structures, including, but not limited to irrigation wells, irrigation power facilities, ground mounted utilities, impervious surfaces, pads, or other related utilities shall be allowed in the public trail/stream corridors without further approval by the Planning Office. Storm water runoff faeilities will not be permitted in the stream corridor unless it exceeds the area of the corridor defined by the 50-foot watercourse setback. The protective covenants shall also contain provisions for the maintenance and upkeep of all common open space areas and public trail/stream corridors in a healthy, growing condition at all times, and maintained under a single, annually renewed contract with a qualified grounds maintenance contractor, for review and approved by the City of Bozeman prior to submitting for final plat review and approval. 27. Any grading plan that involves the relocation of the East and/or West Catron Creek will be reviewed and approved by the Planning Office, as well as all applicable review agencies; including, but not limited to, Montana Department of Fish, Wildlife and Parks, GalIatin Conservation District, and City Engineer's office. Any final grading plan for construction of streets and infrastructure that adjoins a public stream corridor shall also provide grading information for the relocation of any watercourses for review and approval by the Planning Office prior to proceeding with any installation of streets and/or municipal infrastructure. 28. That the final plat contain a notation stating that all downstream water user facilities will not be impacted by this subdivision and that it also be noted accordingly in the by-laws and protective covenants for the property owners' assoeiation. 29. Boulevard sidewalks will be installed along both sides of Max A venue with the extension of the private street to its intersection with Cattail Street or financially guaranteed as required under Section 16.14.050 of the subdivision regulations. 30. Access onto North 27th Avenue from Lot 18 and Lot 19 will be limited to not more than onc (1) 30-foot- wide shared-access easement and noted accordingly on the final plat and in the protective covenants ofthe association documents for review and approval by the Planning Ofl'ice. I GALLATIN CENTER SUBDIVISION P.II.D., PHASE IV - FINDINGS OF FACT AND ORDER 10 . 31. The applicant shall dedicate with the final plat a 60-foot-wide public right-of-way for Minter Street at the south cnd of Lot 19 that will continue from North 27th A venue eastward to the existing right-of-way for Rawhide Ridge. 32. The temporary turn around at the south end of North 27th Avenue will be constructed in the 60-foot wide dedicated right-of-way for Minter Street, not the West Catron Creek stream corridor. 33. That the final plat shall comply with Section 16.08.070 "Final Plat" and Chapter 16.32 "Certificates" of the City of Bozeman Subdivision Regulations and shall conform to alI requirements of the Uniform Standards tor final Subdivision Plats including provisions for all appropriate certificates and language, certification from thc City Engineer that as-built drawings for public improvements were received, and accompanied by all appropriate documents, including a Platting Certificate. Four (4) mylar copies of the final plat must be submitted for final plat approval, along with two (2) digital copies of the final plat, on a double sided, high density 3 Yz-inch floppy disk, and five (5) paper prints. 34. That the applicant obtain Montana Department of Environmental Quality approval of the subdivision prior to final plat approval pursuant to Section 16.16.101 through 16.16.805 A.R.M. 35. That the applicant provide with the application for final plat review and approval a copy of a signed Mcmorandum of Understanding with the Gallatin County Weed Control District. 36. The final plat shall provide public utility easements along all front, side, and rear lot lines as required by Section 16.14.050 "Easements" of the subdivision regulations. However, in the event front and/or rear yard utility easements are used, side rear yard easements must still be provided on the plat unless written confirmation is submitted to the Planning Office from all utility companies and the Director of Public Service indicating that front yard 25-foot-wide easements are adequate to service said subdivision lots. The utility easement notation required in Section 16.14.060.BA of the Bozeman Subdivision Regulations shall also be provided on thc final plat. 37. That the final plat contain the following language that is readily visible with lettering, at a minimum height of 1/4-inch, placing future landowners of individual lots on notice of the presence of high groundwater in the area of the subdivision for review and approval by the Planning Office: "Due to the potential of high ground water tables in the areas of the subdivision, it is not recommended that residential dwellings or commercial structures with full or partial basements be constructed without first consulting a professional engineer licensed in the State of Montana and qualified in the certification of residential and commercial construction." 38. The subdivider shall ensure that all construction material and other debris is removed from the subdivision prior to final plat approval, or prior to release of said financial guarantee, if an Improvements Agreement is necessary with the final plat. 39. That the developer shall enter in an Improvements Agreement with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval. If the final plat is filed prior to installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to onc hundred fifty (150) percent ofthe cost ofthe remaining improvements. 40. That the developer shall have three (3) years from the date of preliminary plat approval to complete the conditions of preliminary plat approval and apply for final plat approval. At the end of this period the City Commission may, at the written request of the subdivider, extend its approval for a period of no more than one (I) calendar year except that the City Commission may extend its approval for a period of more than one (1) year if that approval period is included as a specific condition of a written subdivision I GAUATIN CENTER SUBDIVISION P.U.D., PHASE IV - FINDINGS OIi MeT AND ORDER 11 improvements agreement between the City Commission and the subdivider, provided for in Chapter 16.22 of the Bozeman Subdivision Regulations. 41. That the applicant submit with the application for final plat review and approval of GaIlatin Center Subdivision P.U.D., Phase IV, a written narrative stating how each of the conditions of preliminary plat approval has been met or satisfactorily addressed. The preliminary approval of this subdivision shall be effective for three (3) years from the date of Preliminary Plat approval, or February 2, 2007. At the end of this period the City Commission may, at the request of the subdivider, extend its approval for not more than the one (I) calendar year. However, preliminary approval may be extended for more than one (1) calendar if the developer enters into, and secures, an Improvements Agreement for the Subdivision. DA TED this 12th day of December ,~ BOZEMAN CITY COMMISSION An ATTEST: (J/..: .z ~ Robin Sullivan, Clerk ofthe Commission I GALLATIN CENTER SUBDIVISION P.U.D.. PHASE IV ~ FINDINGS OF I'-ACT AND ORDER 12