HomeMy WebLinkAbout06- Edgefield-Rugheimer - Legends At Bridger Creek II PUD
BEFORE THE BOZEMAN CITY COMMISSION
GALLATIN COUNTY, MONT ANA
IN THE MATTER OF THE APPLICATION OF EDGEFIELD, LLC,
PAUL RUGHEIMER, PETER RUGHEIMER, AND MARY WICTOR,
OWNERS, FOR PRELIMINARY APPROVAL OF THE PLAT OF
LEGENDS AT BRIDGER CREEK II PUD MAJOR SUBDIVISION
FINDINGS
OF FACT
AND ORDER
This matter came before the Bozeman City Commission on April 17, 2006, for review and
decision pursuant to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-625,
Montana Codes Annotated, the Bozeman 2020 Community Plan, and Bozeman Municipal Code.
The applicant/owner presented to the Commission a proposed Preliminary Plat to subdivide ~ 57
acres into ~ 127 lots for single household residential use, roads, alleys, park and open space areas, as
submitted in its original form on February 18,2006, (#P-06009). The Commission held a public
hearing on the preliminary plat and considered all relevant evidence relating to the public health,
safety, and welfare, including the recommendation of the planning board, to determine whether the
plat should be approved, conditionally approved, or disapproved.
It appeared to the Commission that all parties 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 Commission makes the following Findings of Fact, as required:
FINDINGS OF FACT
I.
On February 18, 2006, the applicants / owners, Edgefield, LLC, 430 Ryman, 2nd Floor,
Missoula, MT 59802, Paul Rugheimer, 506 Oxford Drive, Bozeman, MT 59715, Peter Rugheimer,
1404 Story Mill Road, Bozeman, MT 59715, and Mary Wictor, 408 2081h Ave. NE, Sammamish,
W A 98074-6959 submitted an application for approval to subdivide the Plat of Legends at Bridger
Creek II PUD Subdivision, a major subdivision to develop ~ 127 lots for single household residential
use, roads, alleys, park and open space areas, on ~ 57 acres of property zoned R-l (Residential
Single-Household, Low Dcnsity District) and is within the Rouse A venue and State Primary (Bridger
Canyon Road) Entryway Corridor Overlay District. The applicant requested relaxation of standards
in the Bozeman Municipal Code for the following sections: 1)18.16.050, Yards; to allow lots
fronting on a greenway corridor to have a minimum rear yard of 15 feet; 2) 18.44.01 O.A, Relation to
Undeveloped Areas; to allow the construction of street and other public improvements to not be
extended to the property line; 3) 18.44.020.A.2, Private Streets; to allow a 31-foot right of way for
Atsina, Blackfeet, Cree, Medicine Wheel and Richau Lanes; and 4) 18.44.080, Sidewalks; to not
construct sidewalks on private streets. The property is legally described as Tract 2 of the Plat
Recorded in Film 12, pg. 825, and Lots 27 and 28 of the Mt. Baldy Subdivision, located in the SY2 of
Section 32, Tl S, R6E, PMM, City of Bozeman, Gallatin County, Montana.
n.
The comments of the Development Review Committee, along with those of Planning &
Community Development Staff, were incorporated into a Staff Report with suggested conditions of
approval, which was provided to the Bozeman Planning Board.
III.
Notice of the time and date of the public hearings was posted at the site. The notice was
mailed to all adjoining property owners by certified mail on March 10,2006. Notice ofthe time and
date of the public hearings was published in the Bozeman Daily Chronicle on March 12,2006 and
March 19,2006. Said notice also served to inform interested persons that materials were available
for review at the Bozeman Planning & Community Development Department.
The Bozeman Planning Board considered the application at its regular meeting on April 4,
2006. The Planning Board found that the application was properly submitted and reviewed under the
procedures of the Bozeman Municipal Code. Staff reviewed the staff report and the evidence, which
justified the imposition of conditions.
The applicant made a formal presentation in favor of the requested subdivision.
The Planning Board then opened the public hearing. There were several comments from the
general public in opposition to the relocation of Boy Ian Road. After receiving public testimony, the
Board closed the public hearing. The Board discussed the open space issues; wildlife, safety, access,
control, experience, visibility, etc. The Board discussed the alternative provision for affordable
housing. The Board discussed the conditions, and agreed that the conditions outlined in the staff
report were necessary. The Planning Board voted on a motion regarding the subdivision. The
motion, to recommend approval of the subdivision with the conditions as recommended by Staff,
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passed on a vote of 5 in favor and 3 in opposition.
IV.
The application was considered by the Bozeman City Commission at its regular meeting on
April 17, 2006, at which time the recommendation of the Planning Board, presented in Planning
Board Resolution # P-06009, and information compiled by City staff was reviewed.
The applicant made a formal presentation in favor of the requested subdivision, and
expressed their opposition to Condition #4 requiring the relocation of Boylan Road to the north.
Comments from the general public were received. The public generally supported the
original subdivision design which was designed with neighborhood input and opposed moving
Boylan Road to the north indicating that the alternative design had less control and adversely
impacted wildlifc and quality of the open space experience.
The Commission discussed the open space issues; wildlife, safety, access, control,
experience, visibility, etc. One Commissioner indicated that he had discussed the benefit of lots
adjacent to open space versus a local road adjacent to open space with a wildlife biologist, and the
biologist indicated that one is not better than the other.
The Commission discussed traffic control issues on Bridger Drive; the signal at Griffin and
Rouse, and the intersection of Story Mill and Bridger Drive.
The Commission discussed the open space frontage. Commissioners expressed the need for
public open space to have public access and visibility.
The Commission discussed the pinch points created by the lots backing onto the public open
space. One Commissioner asked the applicant ifhe had an alternative to eliminate the pinch points,
no other alternative was presented.
v.
The application was considered by the Bozeman City Commission and weighed against the
review criteria established by Statute, and found as follows:
A. Effects on agriculture, agricultural water user facilities, local services, the natural
environment, wildlife and the wildlife habitat, and public health and safety.
1. Fffects on Agriculture.
Historically, the subject property has been used for agricultural purposes with the majority of
the parcel in cultivated crops or pastureIand, most recently hay.
2. Effects on Agricultural Water User Facilities.
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The applicant's supplemental information notes that the historic agricultural water user
facility on the property has been abandoned, and there are no parties with any easement rights
associated with this abandoned ditch.
3. Effects on Local Services.
Water/Sewer: Water/Sewer services can be provided by extension and connection to the
municipal water and sewer systems.
Streets: Access to the subdivision will be from MT Highway 86 (aka Bridger Drive/Bridger
Canyon Road), Boylan Road, and the proposed internal streets.
4. Effects on the Natural Environment.
Information regarding stormwater management was addressed in the "Preliminary Plat Storm
Water Plan" provided to the Engineering Department for review. The stormwater
management plan will be subject to further engineering review as part of the infrastructure
plan and specification review process. Applicant has entered into an agreement for a
Noxious Weed Management and Revegetation Plan with the Gallatin County Weed Board.
5. Effects on Wildlife and Wildl~fe Habitat.
Due to the agricultural history of the property, any potential impacts to wildlife and wildlife
habitat are limited to white-tailed deer, small mammals and birds. No known endangered
species or critical game ranges have been identified in the area. The 75-foot watercourse
setback along the existing watercourse, wetlands and floodplain will protect any riparian
environment already established on the property.
6. Effects on Public Health and Sqfety.
Because municipal sewer will service development in the subdivision, the threat of
groundwater degradation from onsite sewage disposal will be eliminated. There are no
known, unmitigated natural or man-made hazards on this property.
B. Compliance with the following:
1. The survey requirements provided for in Part 4 of the Montana Subdivision and
Platting Act.
The subdivision complies or will comply with survey requirements of the Act.
2. The local subdivision regulations provided for in Part 5 ofthe Montana Subdivision
and Platting Act.
The final plat shall comply with the standards identified and referenced in the Bozeman
Municipal Code. The applicant is advised that unmet code provisions, or code provisions
that are not specifically listed as conditions of approval, does not, in any way, create a waiver
or other relaxation ofthe lawful requirements ofthe Bozeman Municipal Code or state law.
The following requirements are standards of the Bozeman Municipal Code and shall be
addressed on the final plat:
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a. A watercourse setback planting plan shall be prepared by a qualified landscape
professional and shall be reviewed and approved by the Planning Department prior to the
commencement of development or site preparation. The plan shall include a schedule for
planting and landscaping as outlined for Zone 1 and Zone 2 outlined in Section
18.42.100. Since the watercourse setback in located inside the park boundaries, this shall
be included in the Park Plan.
b. Per Section 18.42.100, on-site stormwater treatment facilities may be located in Zone 2
of the watercourse setback.
c. Per Section 18.42.150.C, the Subdivision Lighting Plan shall include street lighting and
pathway intersection lighting. It appears that more pathway intersection lighting is
required. A corrected plan shall be submitted for review and approval prior to the
contracting, creation of an SILD and installation of the lights.
d. Section 18.42.180, the RSL designation shall be recorded on the individual lots in a
manner that will appear on a title search and include reference to the sunset provisions of
Section 18.42.180.
e. Per Section 18.44.040, all street names shall be reviewed and approved by Gallatin
County and City Engineer's Office prior to final plat approval.
f. Section 18.44.11 O.B.l.d states that transportation trail corridors can not be used to satisfy
parkland. The trail section depicted adjacent to Bridger Creek do not count towards the
parkland dedication
g. Per Section 18.50.060, the City may consider and approve the installation of streets along
less than 100 percent, but not less than 50 percent, of the perimeter when:
. the trail system around the perimeter of the park land shall be constructed by the
subdivider to provide direct pedestrian access to the perimeters without street
frontage.
. the subdivider shall provide the additional land for a parking area based on lot
frontage (~ 130 feet) x 14 feet for ~ 1,820 square feet. The additional land for the
parking area may not be counted towards the final park land dedication. If the
frontage ofthe park changes, this number will be recalculated.
. the subdivider shall either develop the parking area or in lieu of the constructed
parking area, an equivalent dollar value of non-parking improvements within the park
are provided according to the individual park plan.
h. Section 18.50.080.D states that storm water retention or detention facilities may be
located within a park but cannot count towards the final parkland dedication
1. Section 18.50.080 states that the subdivider must decide on the improvements to be
completed by the subdivider prior Final Park Plan approval. At a minimum these
improvements included; leveling any park area(s), amending the soil, seeding disturbed
areas to allow mowing with turf type mowers, installing an underground irrigation system
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with well, boundary posts and sidewalks. In addition, these improvements include the
parking area or improvements in lieu, the trail system to provide direct pedestrian access
to the perimeter, and watercourse landscaping.
J. Per Section 18.50.090, executed waivers of right to protest creation of special
improvement districts (SIDs) for a park maintenance district shall be filed and of record
with the Gallatin County Clerk and Recorder prior to final plat approval. A copy of the
filed documents shall be submitted with the final plan.
k. Covenants, restrictions, and articles of incorporation for the creation of a homeowners'
association shall be submitted with the final plat application for review and approval by
the Planning Office and shall contain, but not be limited to, provisions for assessment,
maintenance, repair and upkeep of common open space areas, public parkland/open
space corridors, stormwater facilities, public trails, snow removal, and other areas
common to the association pursuant to Chapter 18.72 of the Bozeman Municipal Code.
I. Prior to final plan approval, a common area and facility maintenance plan and guarantee
shall be provided for the permanent care and maintenance of open spaces, recreational
areas, stormwater facilities and parking lots in accordance with Chapter 18.72 or the
Bozeman Municipal Code. The same shall be submitted to the city attorney and shall not
be accepted by the city until approved as to legal form and effect. A draft of these
documents must be submitted for review and approval by the Planning Department at
least 30 days prior to filing and recordation with the Gallatin County Clerk and Recorder.
m. A table showing the computed park areas shall be included on the final plat pursuant to
Section 18.78.030.D. This table shall include but is not limited to detention/retention
areas, watercourse, wetlands, watercourse setbacks, park land, parking area and total
area.
n. Section 18. 78.070.D requires a Final Park Plan to be approved by the City Commission,
with a recommendation from the Bozeman Recreation and Parks Advisory Board, prior
to Final Plat approval. Four bound copies of the plan shall be submitted to the Planning
Office for review prior to installation of any improvements or prior to Final Plat
submission, whichever comes first. The Park Plan shall address all of the criteria
outlined in Section 18. 78.060.P.
o. The Final Plat shall conform to all requirements of the Bozeman Municipal Code and the
Uniform Standards for Final Subdivision Plats and shall be accompanied by all required
documents, including certification from the City Engineer that as-built drawings for
public improvements were received, a platting certificate, and all required and corrected
certificates. The Final Plat application shall include four (4) signed reproducible copies
on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies on a
double-sided, high density 3-1/2" floppy disk; and five (5) paper prints.
p. Pursuant to Section 18.06.040.D.6, conditional approval of the Preliminary Plat shall be
in force for not more than one calendar year for minor subdivisions, two years for single-
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phased major subdivisions and three years for multi-phased major subdivisions. Prior to
that expiration date, the developer may submit a letter of request for the extension of the
period to the Planning Director for the City Commission's consideration. The City
Commission may, at the written request of the developer, extend its approval for no more
than one calendar year, except that the City Commission may extend its approval for a
period of more than one year if that approval period is included as a specific condition of
a written subdivision improvements agreement between the City Commission and the
developer, provided for in ~18.74.060, BMC.
q. If it is the developer's intent to file the plat prior to installation, certification, and
acceptance of all required improvements by the City of Bozeman, 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 150% of the cost of the remaining improvements.
r. The applicant shall submit with the application for Final Plat review and approval, a
written narrative stating how each of the conditions of preliminary plat approval has been
satisfactorily addressed.
3. The local subdivision review procedure provided for in Part 6 of the Montana
Subdivision and Platting Act.
The hearings before the Planning Board and the City Commission have been properly
noticed, as required in the Bozeman Municipal Code. The notice was mailed to all adjoining
property owners by certified mail on March 10, 2006. The proposed project was noticed in
the Bozeman Daily Chronicle on March 12,2006 and March 19,2006.
C. The provision of easements for the location and installation of any planned utilities.
All utilities and necessary utility easements will be provided and depicted on the final plat.
D. The provision of legal and physical access to each parcel within the subdivision and the
required notation of that access on the applicable plat and any instrument of transfer
concerning the parcel.
All lots within the subdivision will have direct access to the dedicated public streets, or direct
access to a dedicated public alley right-of-way and a public pedestrian walkway corridor. Lot
1 needs to be provided with legal and physical access on Boylan Road with a minimum of25
feet of frontage.
ORDER
After considering all matters of record presented at the public hearing, the City Commission
found that the proposed subdivision would comply with the Bozeman 2020 Community Plan and the
requirements of the Montana Subdivision and Platting Act, and the Bozeman Municipal Code, if
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certain conditions were imposed. The evidence, as stated or referenced in the Findings of Fact,
justifies the imposition ofthe conditions ordered herein to ensure that the final plat complies with all
applicable regulations and all required criteria.
THEREFORE, IT IS HEREBY ORDERED that the Preliminary Subdivision Plat of the
Legends at Bridger Creek II, for Edgefield, LLC, Paul Rugheimer, Peter Rugheimer, and Mary
Wictor, be approved subject to the following conditions:
1. The 25-foot trail easement located along the western side of the property shall be not located
within private lots.
2. Per Section 18.42.040.D, a pedestrian walk shall be located within the 25-foot trail easement
located along the western side of the property.
3. Per Section 18.44.090, Lot 1 needs to be provided with legal and physical access on Boylan Road
with a minimum of 25 feet of frontage. Lot 1 shall be of an adequate size to accommodate the
building, all required setbacks, parking and access.
4. Boylan Road shall be relocated to the north side of the lots adjacent to the open space corridor
and shall be located so that it does not restrict the trail corridor. It is acceptable for additional lots
(located on the south side of Boylan Road) to be created through the relocation of Boylan Road.
No lots shall be allowed to the north of Boylan Road with the exception ofthe five easternmost
lots, adjacent to Creekwood Subdivision. The five lots remaining to the north of the road shall be
reduced in size so as not encroach into the trail corridor.
5. Subdivision lighting SILD information shall be submitted to the Clerk of Commission directly
after Preliminary Plat approval in hard copy and digital form. The final plat will not be deemed
complete until the resolution to create the SILD has been approved by the City Commission.
6. Water rights, or cash-in-lieu thereof, as calculated by the Director of Public Service, is due with
the final plat.
7. Sidewalks along park land shall be constructed to a six foot width to accommodate snow
removal equipment.
8. The park shall be titled "Public Park". The open space shall be titled "Open Space, Public
Access". Notes shall be included on the plat describing ownership and maintenance
responsibility for both the park and open space, e.g.: public park, dedicated to the city and
maintained by the homeowners association; and open space, public access, owned by the
landowners, maintained by the homeowners association, etc.
9. Lots fronting on a greenway corridor may have a minimum rear yard of 15 feet subject to the
following statement being placed in the covenants "Per Section 18.16.050.A.4, all vehicle
entrances into garages shall be no closer than 20 feet to the property line/public access easement
line, unless explicitly authorized by the Bozeman Municipal Code".
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10. On the north side of Boylan Road, the construction of Northview Street and other public
improvements need not be extended to the property line subject to the following requirements;
either:
· I) An executed acknowledgement placed on the property to the north stating that the current
owners, their heirs, successors and assigns shall be responsible for the construction of the
proposed Northview Street and all other public improvements within said right-of-way from
Boylan Road to the northern boundary line of this subdivision. The acknowledgement shall
be recorded with the Gallatin County Clerk and Recorder prior to the time of final plat
recordation. A copy of the executed and recorded documents shall be submitted with the
final plat; or
· 2) 100% of the cost of construction of the improvements shall be placed in an escrow
account to be used for completion of these improvements in the future prior to final plat
approval. A copy of the executed documents shall be submitted with the final plat.
II. Atsina, Blackfeet, Cree, Medicine Wheel and Richau Lanes may be constructed as private streets
within a 31-foot right of way subject to the following conditions and code provisions:
· Per Section 18.44.020.A, all streets within the proposed development shall be dedicated to
the public.
· Per Section 18.44.020.A.2.b., A permanent funding source, such as the levying of
assessments against all properties within the development, for street maintenance is
established and the funding levels will be adequate for all future private street maintenance.
· Per Section 18.44.020.A.2.b., Executed waivers of right to protest creation of special
improvement districts (SIDs), or other perpetual legal instrument, acknowledging that the
City will not assume dedication and/or maintenance of the streets unless the street is brought
up to City standards, or the property owners have agreed to an assessment to fund
improvements required to bring the street up to City standards. The waiver, or other legal
instrument, shall be recorded with the Gallatin County Clerk and Recorder at the time of
final plat recordation. A copy of the executed documents shall be submitted with the final
plat.
· Per Section 18.44.020.A.2.c, Documented proof of adequate maintenance funding and
scheduling, for all private streets, shall be provided, subject to Section 18.72.040.
· The right of way shall be increased to a minimum of 33' or public street and utility
easements granted for the additional 2' for the purpose of future maintenance of the curb.
12. Sidewalks need not be constructed on Atsina, Blackfeet, Cree, Medicine Wheel and Richau
Lanes subject to the following statement being placed in the covenants "All lots fronting on open
space areas shall have a sidewalk connection from the front door to the pedestrian walkway in
the open space area".
13. Per the "Preliminary Plat Storm Water Plan for the Legends at Bridger Creek II" by Morrison
Maierle, Inc.;
· The minimum first floor elevations shall be designated on the final plat. The minimum first
floor elevation (including basement) shall be 2 feet or more above the base flood elevation.
· The Final Plat shall include a notation that although no lots are in the 1 OO-year floodplain, it
is recommended that lot owners consider obtaining flood insurance due to proximity, and
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that it is recommended that lot owners consider construction of structures on suitable fill at
an elevation no lower than the base flood elevation and extended for at least 15 feet, at that
elevation, beyond the structure(s) in all directions.
14. Buildings proposed for construction with crawl spaces or basements shall include Engineer
Certification regarding depth of ground water and soil conditions and proposed mitigation
methods to be submitted with each Building Permit. The Final Plat shall include a notation that
due to high ground water conditions full or partial basements are not recommended.
15. Applicant shall provide a soils report, along with building plans, to the Building Division,
recommending types of foundations. If development shall occur in phases, the soils report may
address those lots within the proposed phase.
16. The following items shall be addressed in the Final Park Plan:
. The east to west trail along Bridger Creek should be a 6 foot wide natural fines trail and the
plan should clearly show a connection to the undeveloped property at the east edge. This
trail should be constructed a sufficient distance from Bridger Creek so as not to be affected as
the creek bed moves.
. An unobstructed 10 foot wide meandering corridor should be maintained east to west through
the open space area to provide for a groomed ski trail during winter.
. The park land dedication requirement should be recalculated to not include the proposed
clubhouse and associated road and parking area. The area providing access to the restrooms
at the north end of the clubhouse should be counted as park land dedication since the
restrooms are intended to be open to the public.
. Uniform fencing or adequate landscaping should be required along the backyard property
lines of all lots backing up to park or open space to avoid encroachment by owners and to
reduce the possible conflicts between owners and trail users and pets. This is especially
important with those lots along the North of the property that border the trail area.
. Northview Street should not be extended north of Boylan until the adjacent property to the
north is developed and Northview continues into it. Until that time the east to west trail
should continue straight across and not divert to the sidewalk.
. No concrete spectator area should be placed on the south side ofthe soccer field to allow for
more usable turf area.
. All park amenities, including park furniture and trees should be sited on the plan for Park
Division approval.
. Any construction or work within the dedicated park land and open space shall require
preconstruction meetings and approval of the Parks Division.
17. The owner shall executed and submit the following documents prior to final plan approval:
. A certification of completion and compliance stating that they understand any conditions of
approval and the submitted final site plans or master site plan have complied with any
conditions of approval or corrections to comply with code provisions per Section
18.34.130.B.
. A statement of intent to construct according to the final site plan. Such statement shall
acknowledge that construction not in compliance with the approved final site plan may result
in delays of occupancy or costs to correct noncompliance per Section 18.34.130.C.
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· A certification that it is their intent to comply with the requirements of the Bozeman
Municipal Code and any conditions considered necessary by the approval body.
18. The final plat shall comply with the standards identified and referenced in the Bozeman
Municipal Code. The applicant is advised that unmet code provisions, or code provisions that are
not specifically listed as conditions of approval, does not, in any way, create a waiver or other
relaxation ofthe lawful requirements of the Bozeman Municipal Code or state law.
19. Instead of dedicating a minimum of 10% of the buildable net acreage to Restricted Size Lots
(RSLs), the subdivider may pay a cash-in-lieu fee to the City the equivalent of 1 buildable RSL
to 3 required RSLs. The payment shall be calculated as the appraised value per square foot of
developed land within that specific subdivision at a time not sooner than 30 days prior to the
time of final plat approval.
20. The covenant allowing aggregation oflots shall be removed, and the covenants shall specifically
state that no lots may be aggregated so as to reduce the number of buildable lots.
21. Stormwater 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 runoffto the
stormwater receiving channel. The plan shall include sufficient site grading and elevation
information (particularly for the basin site, drainage ways and finished lot grades), typical
storm water detention/retention basin and discharge structure details, basin sizing calculations and
a stormwater maintenance plan.
Any storm water 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 FSP for each lot.
22. 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 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 pre-construction conference has been conducted.
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No building permits shall be issued prior to substantial completion and City acceptance ofthe
required infrastructure improvements.
23. 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 occupancy of any structure on the property. Upon the third anniversary of the
plat recordation of any phase of the subdivision, any lot owner who has not constructed said
sidewalk shall, without further notice, construct within 30 days said sidewalk for their lot(s),
regardless of whether other improvements have been made upon the lot. This condition shall be
included on the final plat for the subdivision.
24. The location of existing water and sewer mains shall be properly depicted. Proposed main
extensions shall be noted as proposed.
25. Flood plain:
a) A Flood Plain Development Permit must be obtained from the City Engineer prior to any
work being conducted within the limits of the delineated 100 year floodplain.
b) The 100 year flood plain boundary and flood elevations must be depicted on the Final Plat.
Fill shall be placed in the location of the "gaps" in the catch of the delineated boundary to
approximate the historic boundary.
26. The Montana Fish, Wildlife and Parks, Gallatin County Conservation District, Montana
Department of Environmental Quality and Army Corps of Engineer's shall be contacted
regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption,
etc.) shall be obtained prior to Final Plat approval.
27. Easements for the water and sewer main extensions shall be a minimum of30 feet in width, with
the utility located in the center of the easement. In no case shall the utility be less than 10 feet
from the edge of easement.
28. Project phasing shall be clearly defined including installation of infrastructure.
29. The developer shall make arrangements with the City Engineer's office to provide addresses for
all individual lots in the subdivision prior to filing of the final plat.
30. The applicant shall submit a construction route map dictating how materials and heavy
equipment will travel to and from the site in accordance with section 18.74.020.A.1 of the
Bozeman Municipal Code. This shall be submitted as part of the final site plan for site
developments, or with the infrastructure plans for subdivisions. It shall be the responsibility of
the applicant to ensure that the construction traffic follows the approved routes.
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31. All construction activities shall comply with section 18.74.020.A.2. ofthe Bozeman Municipal
Code. This shall include routine cleaning/sweeping of material that is dragged to adjacent
streets. The City may require a guarantee as allowed for under this section at any time during the
construction to ensure any damages or cleaning that are required are complete. The developer
shall be responsible to reimburse the City for all costs associated with the work if it becomes
necessary for the City to correct any problems that are identified.
32. All streets within rights of way less than 60' shall be privately maintained. For these streets, the
right of way shall be increased to a minimum of 33' or public street and utility easements granted
for the additional 2' for the purpose of future maintenance of the curb.
33. The sidewalks and trails within greenspace corridors shall be installed within public access
easements.
34. All of the existing 18" water main that is to be abandoned shall be removed and disposed of off
site.
35. Temporary cul-de-sacs shall be provided at the end of any dead end street longer than one lot
deep that is created by phasing.
36. All rights of way that contain City utilities must be a minimum of 30' wide, and cannot contain
other utilities.
37. All improvements necessary to provide adequate level of service at the analyzed intersections
must be installed or financially guaranteed prior to filing of the plat for each phase. No building
permits will be issued for a phase until all improvements required for the phase are installed and
accepted. Approval must be obtained from the Montana Department of Transportation for all
improvements along Rouse/Bridger Drive.
38. 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 has
been provided to the City Engineer.
The applicant is advised that although the general storm drainage and grading concept has been
reviewed, the submitted data will be subject to further review as part of the infrastructure plan
and specification review process.
a. The Storm Water Master Plan will provide an analysis comparing predevelopment runoff
patterns to post development runoff potentials.
b. The Storm Water Master Plan will specify means to ensure that downslope property will not
be adversely affected.
c. Stormwater generated by the proposed subdivision which discharges off-site may not
accumulate in undesirable locations, such as private yards, roads or streets, and must show a
determined area for runoff water to collect.
d. Stormwater generated by the proposed subdivision which discharges off-site should not create
Legends at Bridger Creek II Subdivision: Findings of Fact
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unnecessary ponding or change the point of exit of water from the property.
e. The Storm Water Master Plan will specifY methods to prevent downstream areas from
increased flow.
f. Storm water generated by the proposed subdivision which discharges off-site into a drainage
swale will require a drainage easement that protects the swale from development and secures
an alternative easement in the event of future development of that drainage swale.
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 these Findings by the City
Commission, by following the procedures of Section 76-3-625, M.C.A. Pursuant to Section
18.06.040.D.6, U.D.O, conditional approval of the Preliminary Plat shall be in force for not more
than one calendar year for minor subdivisions, two years for single-phased major subdivisions and
three years for multi-phased major subdivisions effective from the date of adoption of these Findings
by the City Commission. At the end ofthis period the City Commission may, at the written request
of the subdivider, extend its approval as provided for in the Bozeman Municipal Code.
r-
DATED this 1-' day of
~j0St-
,2006.
BOZEMAN CITY COMMISSION
BY:~'i /( ~.
J r , M yor
--..-----
Bri ontenot
Clerk of the Commissio
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