HomeMy WebLinkAbout06- Cattail Lake Subdivision
BEFORE THE BOZEMAN CITY COMMISSION
GALLATIN COUNTY, MONTANA
IN THE MATTER OF THE APPLICATION OF CRESTVIEW LAKE
LLC, OWNERS, FOR PRELIMINARY APPROVAL OF THE PLAT
OF CATTAIL LAKE SUBDIVISION
FINDINGS
OF FACT
AND ORDER
This matter came before the Bozeman City Commission on July 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 Title 18 of the Bozeman
Municipal Code. The applicant/owner presented to the Commission a proposed Preliminary Plat to
subdivide ~ 42 acres into 38 single household lots, 4 multi-household lots, roads, alleys, park land
and open space, as submitted in its original form on April 18,2006, (#P-06022). 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
whcther 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
1.
On April 18, 2006, the applicant / owner, Crestview Lake LLC (R. Scott Hacker), 4200
Expressway, Missoula, MT 59808, submitted an application for approval to subdivide the Crestview
Lake Subdivision, a major subdivision to develop ~ 38 single household lots, 4 multi-household lots,
roads, alleys, park land and open space, on ~ 42 acres of property zoned R-4 (Residential High
Density District). The property is legally described as Lot 3 of Minor Subdivision #221, located in
the SW lit of Section 26, TIS, R5E, PMM, City of Bozeman, Gallatin County, Montana.
II.
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 May 23 and June 28, 2006. Notice of
the time and date of the public hearings was published in the Bozeman Daily Chronicle on May 28,
June 4 and July 2,2006. 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 June 6,
2006. The Planning Board found that the application was properly submitted and reviewed under the
procedures of Title 18 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. One member ofthe public was present to
speak of concerns about the density of this proposed development and the need for improvements to
Davis Lane. The Board closed the public hearing. The Board discussed the water testing plan; water
quality remediation; street frontage on the southeast portion of the park; floodplain delineation; high
ground water statement; allowable sidewalk meander; the emergency rescue building, the emergency
access to the lake, and density. The Board discussed compliance with the Bozeman 2020 Community
Plan. The Board discussed the conditions, and agreed that the conditions outlined in the staff report
were necessary. The Board, on a vote of6 to 0, recommends to the Bozeman City Commission that
that Condition #9 be amended to include "The cost of the emergency rescue building and related
equipment shall be compensated for equal cost from fire impact fees I credits or park dedication
credit I cash- in-lieu fees". The Planning Board then voted on a motion regarding the subdivision. The
motion, to recommend approval of the subdivision with the conditions as recommended by Staff and
with Condition #9 as amended by Planning Board, passed on a vote of 6 in favor and 0 in opposition.
IV.
The application was considered by the Bozeman City Commission at its regular meeting on
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July 17, 2006, at which time the recommendation of the Planning Board, presented in Planning
Board Resolution # P-06022, and information compiled by City staff was reviewed.
Staff presented an email received from Chuck WilU1, Director of Public Safety-Fire, stating
that he did not see any reason to have the developer build this building, and therefore, staff
recommended that the Commission delete conditions #9 and # lOb.
Staff discussed Planning Board's findings that the un-reimbursed cost of all-weather
emergency access was not an extraordinary request, and that emergency access and turnarounds is a
standard requirement of subdivisions, therefore Planning Board recommended no changes to
condition #8.
Staff discussed the subdivider's request for credit for excess park land dedication and
proposed the following condition: #43. The applicant may receive park dedication credit for the
acreage ofthe northern park which is in excess of the required park dedication for this subdivision.
The credit may not include those portions of the park which may not be used to fulfill park
dedication requirement; storm water facilities, Rae Fire easement, watercourse setback,
transportation pathways, etc. Due to lack of adequate public street frontage, the southern park is not
available for park dedication credit. The applicant may make this park dedication credit available to
other developments within a one-half mile service area.
The applicant made a formal presentation in favor of the requested subdivision.
There was no comment from the general public.
The Commission discussed the request for credit for excess park land.
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. Effects on Agriculture.
Historically, the subject property has been used for agricultural purposes with the majority of
the - 42 acre parcel in cultivated crops or pastureland. The lake was created by the removal
of gravel for the construction of improvements for North Nineteenth Avenue. Since that
time, only the remaining -31 acres have been used for agricultural purposes. It appears that
the applicant's argument to develop the property may be the result of the land owner
recognizing the amount of urban growth in this area and the wish to market the property for a
variety of land use types other than agricultural.
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2. Effects on Agricultural Water User Facilities.
There is a section line ditch adjacent to Davis Lane. This ditch is under the management of
the Farmer Canal Ditch Company and agricultural water right users. The applicant has
proposed to pipe this 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 the existing Davis Lane, Catamount Street,
and the proposed interior streets.
4. Effects on the Natural Environment.
Detention ponds and enhanced wetlands located within the park area ofthe subdivision will
provide stormwater management. Detailed information regarding stormwater management
was addressed in the Engineering Design Report provided to the Engineering Department for
review. Applicant has entered into an agreement for a Noxious Weed Management Plan with
the Gallatin County Weed Board.
5. Effects on Wildlife and Wildlife Habitat.
Due to the agricultural history ofthe property and limited mature vegetation in the area, any
potential impacts to wildlife and wildlife habitat are limited to water fowl, small mammals
and ground nesting birds. No known endangered species or critical game ranges have been
identified in the area. The 50-foot watercourse setback along the existing watercourse will
protect any riparian environment already established on the property.
6. Effects on Public Health and Safety.
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, umnitigated 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 of the lawful requirements of the Bozeman Municipal Code or state law.
The following requirements are standards of the Bozeman Municipal Code and shall be
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addressed on the final plat:
a. Section 18.42.180.C requires 10% of the net buildable acreage to be dedicated to
Restricted Size Lots. The Final Plat shall indicate which lots are reserved to meet the
RSL requirement.
b. Pursuant to 18.44.11 0 and 18.50.110, the applicant shall install the
transportation/recreation pathway (trail) system in this subdivision.
c. Pursuant to Section 18.50.020 of the Bozeman Municipal Code, the applicant shall
provide 1.14 acres of dedicated parkland for the proposed 38 SFR lots and 4.74 for the
13.1 acres of MF lots at 12 dwellings per acre (158 dwellings), for a total of 5 .88 acres.
d. Section l8.78.070.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.
);;> The Final Park Plan shall include a site plan/landscaping plan with a scale of not less
than 1 inch equals 100 feet. This site plan/landscaping plan shall meet all of the
requirements of Section 18.78.1 00 and include a proposed improvements to the park.
);;> The Final Park Plan shall include a requirement for a pre-construction meeting.
);;> The Final Park Plan shall include the appropriate sections from the "Design
Guidelines for City of Bozeman Parks ", including soil amendment, pathway/trail
design, fencing and bridge design.
);;> Per Section 18.50.080 the subdivider must decide on the improvements to be
completed by the subdivider prior Final Park Plan approval.
);;> The final park plan shall address the installation of improvements. A chart must be
included identifying all parkland improvements, showing the general location, the
entity responsible for installation, the estimated cost, and the phasing. Improvements
include, but are not limited to: transportation/recreational pathway/trails, bridges,
playground equipment, benches, picnic shelters, parking lot, and other items noted in
these comments.
);;> The playground area described in the park plan needs to be shown on the site
plan/landscaping plan.
e. 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, and total area.
f. 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.
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g. The watercourse setback shall be depicted on the final plat pursuant to Section
18.42.100.C.
h. 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 is located inside the park boundaries, this shall
be included in the Park Plan.
1. Section 18.44.11 O.E requires construction of boulevard trails or bike lanes based on the
Greater Bozeman Area Transportation Plan Year 2001 or based on particular
characteristics of a transportation corridor. The Plan currently calls for a bike lane
(unless another type of transportation pathway is determined to be more appropriate)
along Catamount Street and a bike lane/boulevard trail along Davis Lane.
J. Section 18.16.050 requires the yard setbacks adjacent to Davis Lane and Catamount
Street to be 25-feet, and this shall be noted in the covenants and restrictions for the
homeowners' association.
k. Pursuant to Section 18.44.090.C, a one (1) foot wide "No Access" strip for all lots
fronting onto Davis Lane and Catamount Street shall be noted on the final subdivision
plat.
1. Pursuant to Section 18.42.150, subdivision lighting consisting of street lighting and
pathway intersection lighting shall be provided.
m. Per Section 18.50.090, executed waivers of right to protest creation of special
improvement districts (SIOs) 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 ofthe
filed documents shall be submitted with the final plan.
n. 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 pathway/trails, snow removal, and other
areas common to the association pursuant to Chapter 18.72 of the Bozeman Municipal
Code.
o. 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 of 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
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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.
p. 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.
q. 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-
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.
r. 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 ofthe remaining improvements.
s. The applicant shall submit with the application for Final Plat review and approval, a
written narrative stating how each ofthe 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 May 23 and June 28, 2006. The proposed project was
noticed in the Bozeman Daily Chronicle on May 28, June 4 and July 2, 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.
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D. The provision oflegal 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
public alley.
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 Title 18 of the Bozeman Municipal
Code, if certain conditions were imposed. The evidence, as stated or referenced in the Findings of
Fact, justifies the imposition of the 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
Cattail Lake Subdivision, for Crestview Lake LLC, be approved subject to the following conditions:
1 . An emergency access/temporary turnaround shall be provided for the alley in phase 2 before
building permits can be issued for Lots 1-11, Block 6.
2. Directory maps shall be installed at each entrance to the multi-family parking lots prior to
occupancy of any multi-family buildings.
3. The adequacies of the number and location of fire hydrants serving the multi-family lots shall be
subject to review and additional requirements at the time of site plan review.
4. If the Rae Fire Easement is not vacated, it shall not be counted toward park dedication
requirements.
5. The applicant shall be responsible for testing the water quality of the lake a minimum of two
times a year until maintenance responsibility is turned over to the property owners association at
which time the property owners association shall assume responsibility for testing the water
quality ofthe lake a minimum of two times a year. The testing procedures shall be described in
the covenants and Park Plan, and shall be provided to the Park and Recreation Superintendent for
review and approval prior to submittal of the final park plan.
6. Due to the close proximity of the trail system to the sidewalks along both Trout Meadows Road
and Lakeside Drive, the applicant shall instead construct a 1 O-foot concrete sidewalk along those
two streets which may meander between the park area and the road rights-of-way.
7. The applicant shall construct that portion of the lake loop trail system shown on the adjoining
property to the north. Public access easement documents shall be provided which permit the
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construction, use and maintenance ofthe trail on the adjoining property. The city will support a
payback arrangement on this portion ofthe trail system, providing development of the property
to the north occurs within 10 years.
8. The applicant shall construct an all-weather emergency access to the lake that includes a parking
area of sufficient size to accommodate several emergency vehicles. This access shall be
constructed prior to occupancy of any buildings. The size and design of the access shall be
provided to the Fire Department for review and approval prior to submittal of final park plan.
9. The applicant shall construct an emergency reSClle buildiFlg in close proximity to the all weathcr
emergency access to the lake. This building shall be constructed prior to occupaFlCY of any
buildings. The design of the building shall be pro':ided to the Fire Department for review and
approval prior to submittal of final park plan. Deleted by City Commission.
10. The following recommendations, conditions, changes or additions shall be made to the Park Plan
prior to submittal for review and approval by the City Commission, with a recommendation from
the Bozeman Recreation and Parks Advisory Board.
a. The applicant shall show a boat launch area and related improvements, suitable for all types
of non-motorized watercraft, on the final park plan. If acceptable to the Fire Department, this
launch area can be design for hand launch only.
b. L\n emergency rescue building shall be shown in close proximity to the boat launch area, and
the location. and size of the building shall be provided to the Fire Department for review and
approval prior to submittal of final park plan. Deleted by City Commission.
c. A parking lot serving the emergency rescue building and boat launch area shall be shown on
the final park plan.
d. The trail system shall connect to the sidewalk on Davis Lane in the northwestern area of the
park.
e. The Cattail Lake Subdivision Declaration of Covenants and Restrictions (the Declaration)
shall be provided to the Park and Recreation Superintendent for review and approval prior to
submittal of final park plan.
11. The following changes or additions shall be made to the Cattail Lake Subdivision Declaration of
Covenants and Restrictions (the Declaration):
a. Article III, Section 2, J. Site Design shall state that the setback for a garage with stacked
parking off of an alley shall be a minimum of 26 feet.
b. Article III, Section 2, K. Landscaping/Yards shall state that trees shall not be located within
10 feet of sewer and water services.
c. Article III, Section 2, K. Landscaping/Yards shall state that fences located in the front yard,
or the side or rear yard setback of properties adjacent to any park, shall not exceed a
maximum height of 4 feet.
d. Article VI, Section 3, needs to discuss the responsibility for maintenance ofthe park until a
city-wide park maintenance district is formed, and the responsibility to test the waters
regularly.
e. Article VI, Section 13 i, needs to clarify that the Board does not have the authority to grant
easements over dedicated park land.
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f. Article VIII, Section 7 should clarify that the parks are not being transferred to the
Association.
g. Article VI, Section 14, pertaining to use of park needs to discuss COB approval of use of
park.
h. Article VIII, Section 2, the covenants can not be changed or terminated without COB
approval.
1. The Declaration shall include language to assure completion of parkland facilities and
pathways/trails and allowing the City of Bozeman, if necessary, to become a party to
assessments for such completion and maintenance pursuant to Sections 18.72.020.C and
18.72.040.B of the Bozeman Municipal Code.
J. The Declaration shall address the prohibition of motorized recreation on the lake.
12. Water rights, or cash-in-1ieu thereof, as calculated by the Director of Public Service, is due with
the final plat.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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 of the lawful requirements of the Bozeman Municipal Code or state law.
18. 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.
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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
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 storm water 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 ofthe 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.
19. 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.
No building permits shall be issued prior to substantial completion and City acceptance of
thc required infrastructure improvements.
20. 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.
21. The location of existing water and sewer mains shall be properly depicted. Proposed main
extensions shall be noted as proposed.
22. The Montana Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and
Army Corps of Engineer's shall be contacted regarding the proposed project and any required
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permits (i.e., 310,404, Turbidity exemption, etc.) shall be obtained prior to FSP approval.
23. Ditch relocation:
a. The Montana Fish, Wildlife and Parks shall be contacted by the Applicant regarding the
proposed relocation and any required permits (i.e., 310,404, Turbidity exemption, etc.) shall
be obtained prior to FSP approval.
b. The Applicant shall comply with all parts of section 18.42.060.D for any ditch relocation.
24. Easements for the water and sewer main extensions shall be a minimum ono 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.
25. Project phasing shall be clearly defined including installation of infrastructure.
26. 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.
27. 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.l 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.
28. All construction activities shall comply with section 18.74.020.A.2. of the 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.
29. The eastern half of Davis Lane including any required utility extensions shall be constructed
along the frontage of the subdivision including tapers meeting AASHTO requirements to
transition back to the existing road width. All improvements to Davis Lane shall be completed
with phase I of the development.
30. A level of service evaluation must be provided for the intersection of North 2ih Avenue and
Valley Center Road. Any improvements needed to provide adequate level of service for the
intersection shall be installed with the project.
31. A I' No Access Strip shall be shown on the plat along the entire lot frontage of Davis Lane and
Catamount Street.
32. The sewage lift station should be located as far as practical from building sites to minimize odor
or noise complaints.
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33. The lift station shall include a SCADA system compatible with the City's existing system. The
lift station shall also include backup power capable of running the entire station including both
pumps. A wet well/dry well type station will not be acceptable. It shall be a wet well
configuration with submersible pumps.
34. Year round paved access must be provided to the lift station. This shall be separate from the
parking lot for the residential units. The access, lift station, and force main must either be on
separate lots dedicated to the city, or contained within easements.
35. The property owners dependent on the sewage lift station shall be responsible for financing the
costs of its operation and maintenance, which will be the responsibility of the City. The
applicant shall agree in writing to a surcharge to cover the costs of operating and maintaining the
lift station. The agreement shall be filed with the final plat and shall apply to all heirs,
successors, and assigns. The agreement shall be subject to approval by the City Engineer and the
City Attorney.
36. Ifthere are any air relief valves on the force main, they shall be accessible by the City's flusher
truck.
37. The lOa-year floodplain shall be delineated for Cattail Creek between Catamount and Trout
Meadows. The floodplain shall be shown on the final plat. Ifthe limits of the flooding encroach
onto any proposed lots, minimum floor elevations for any structures on the lots shall be
specified.
38. A schematic signage plan for the subdivision, noting any proposed traffic calming measures shall
be included in the infrastructure design report.
39. If an easement can be obtained for Warbler Way, the entire street section exclusive of the
sidewalk on the adjoining property shall be constructed. If the easement cannot be obtained,
curb, gutter, standard boulevard, and sidewalk on the west side, along with a minimum pavement
width of 24' shall be installed.
40. Where water and/or sewer mains are installed in alleys, they shall be in an easement which is a
minimum of 30' wide. No other utilities will be allowed within the easements for City
infrastructure.
41. A 12" water main shall be installed to the northern boundary of the subdivision in Davis Lane as
called for in the City's Water Facilities Plan.
42. City standard sidewalks shall be installed along all street frontages. The trails and the sidewalks
may be combined into one facility that is 10' wide and constructed of concrete. The combined
walk may vary from the standard location (i.e. meander), but at the furthest, shall be no more
than 15' from the right of way.
This City Commission order may be appealed by bringing an action in the Eighteenth District
Cattail Lake Subdivision #P-06022: Findings of Fact ] 3 of 14
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 of the Bozeman Municipal Code, 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 of this period the City Commission
may, at the written request of the subdivider, extend its approval as provided for in Title 18 of the
Bozeman Municipal Code.
~
DATED this 2? day of
~~u5--J
I
,2006.
BOZEMAN CITY COMMISSION
By:~[C~rl
J e r , yor . .
Brit Fontenot
Clerk of the Commiss on
Cattail Lake Subdivision #P-06022: Findings of Fact
14 of 14