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HomeMy WebLinkAboutP-0042 Sundance Springs SE MaSub Final Plat PUD Findings of Fact and Orderi~IE?sISUNDANCE SPRINGS P.U.IFindings of Fact and Order^'il8" /'^0SUNDANCE SPRINGS P.U.D FINDINGS OF FACT AND ORDERSundance Springs P.U.D.1. Preliminary plan / plat approval does not exempt the developer from impact feeswhich may be established at a later date which are based on final plat approval orbuilding permit approval. Final plan / plat approval shall be subject to any impactfees which may be implemented prior to said final plan / plat approval.Development of individual lots shall be subject to any impact fees applicable tobuilding permit applications implemented with any impactfee policy priorto buildingpermit approval.Sundance Springs Development, L.L.C. understands that the final platapproval shall be subject to any impact fees which may be implemented priorto final plat approval. Also, that development of individual lots shall besubject to any impact fees applicable to building permit applicationsimplemented with any impact fee policy prior to building permit approval.2. Seven copies of the Final Site Plan forthe Zoning Planned Unit Development whichcontains all of the conditions, corrections, and modifications approved by the CityCommission which are applicable to it shall be approved by the Planning Directorwithin three years following the approval of the preliminary plan by the BozemanCity Commission. Upon application and for good cause, the Planning Director mayadministratively extend the period for filing a final site plan for two successive six-month periods. Any additional six-month extensions must be approved, if at all,only by the Planning Board. The final site plan shall comply with Section 18.54.060©of the Bozeman Zoning ordinance, as printed in the 9-93 Codification of theBozeman Municipal Code, and shall be adequately dimensioned. The final site planmust be approved prior to Final Subdivision Plat approval.Seven copies of the Final Site Plan, complying with Section 18.54.060©oftheBozeman Zoning Ordinance, have been provided to and approved by thePlanning Director, dated September 1998.The applicant shall enter into an Improvements Agreement with the City toguarantee the installation of the required on-site improvements at the time of FinalSite Plan submittal. These improvements will include those identified with eachsubdivision phase, including sidewalks fronting parks, open space, rear yardfrontages, or other non-lot frontages, and landscape and trail improvements.Detailed cost estimates, construction plans, and methods of security for on-siteimprovements shall be made a part of that Agreement. All required infrastructureand site improvements for Phase 1 shall be completed within two years after finalapproval.Specific to Phase 1, not applicable to Sundance Southeast.I nr03. Preliminary Subdivision Plat Approval must be granted for each phase of thedevelopment, with the final plat filed prior to the sale of any home sites within eachphase. A building permit will not be issued for any new construction within eachphase until the final plat is filed and infrastructure improvements are completed andaccepted.Please refer to Condition #7 of Sundance Springs Subdivision SoutheastFindings of Fact and Order.4. The Final Subdivision Plat shall conform to the Uniform Standards for FinalSubdivision Plats, contain all appropriate certificates, page titles, and beaccompanied by all appropriate documents, including a Platting Certificate. A digitalcopy of the final plat, on a double sided, high-density 31/2 inch floppy disk, shall besubmitted with the final plat application. The Final Subdivision Plat must beapproved within three years form the date of preliminary play approval by theBozeman City Commission. Prior to the expiration date, the subdivider may submita letter of request to the Planning Director for a one year extension. Thereafter, theCity Commission may approve an extension for not more than one additionalcalendar year.The Final Subdivision Plat conforms to the Uniform Standards for FinalSubdivision Plats, contains all appropriate certificates, page titles, and isaccompanied by all appropriate documents.The Final Subdivision Plat may not be filed until the Final Site Plan is approved. Ifit is the developer's intent to file the final subdivision plat prior to the completion ofall required subdivision improvements, which includes, but is not limited to, interiorstreets, curb, gutter, water and sewer, pedestrian conveyance along South third andGoldenstein, sidewalks fronting parks, open space, rear yard frontage, orothernon-lot frontages, and storm water infrastructure, a Subdivision ImprovementsAgreement shall be entered into with the City of Bozeman guaranteeing thecompletion of all required Phase 1 improvements in accordance with the PreliminaryPlat submittal information and conditions of approval. If the Final Subdivision Platis filed prior to the installation of all improvements, the developer shall supply theCity of Bozeman with an acceptable method of security equal to 150% of the costof the remaining improvements. Under no circumstances will building permitsbe issued priorto acceptance of subdivision infrastructure improvements (i.e.water, sewer, streets).Please refer to Condition #7 of Sundance Springs Subdivision SoutheastFindings of Fact and Order. ^The Final Subdivision Platsubmittal must include a separate open space landscapeplan for Phase 1 which details the location and species of vegetative plantings andtrail improvements for review and approval by the Planning Office prior to final platapproval. The plan must show that all street intersection sight triangles will be freeof plantings which at mature growth will obscure vision within the sight triangle.The open space landscape plan accompanied the Final Plat forPhase 1.5. Approval of the Final Subdivision Plat from the Subdivision Program of the MontanaDepartment of Health and Environmental Sciences Water Quality Bureau mustoccur prior to Final Subdivision Plat approval, pursuant to Section 16.16.101through 16.16.805, ARM. Notification of that approval must be submitted with thefinal plat.See approval letter from the Department of Environmental Quality (tab 19).6. A Stormwater Drainage / Treatment Plan for a system designed to remove solidssilts, oils, grease, and other pollutants must be provided to and approved by the CityEngineer prior to infrastructure construction. The plan must demonstrate adequatesite drainage (including sufficient spot elevations), the hydraulic and drainagetreatment properties of the proposed vegetated roadway swales, storm waterdetention / retention basin details (including basin sizing and discharge calculations,and discharge structure details), and storm water discharge destination. Sufficientstorm water systems shall be designed and constructed to support each phase ofdevelopment.The Storm Water Drainage/Treatment Plan was submitted and approved aspart of the improvement plans for Sundance Southeast. Homeownermaintenance of the drainage facilities has been implemented through thecovenants. Please refer to Condition #9 of Sundance Springs SubdivisionSoutheast Findings of Fact and Order.A storm water drainage / treatment facilities plan must be prepared and submittedto the City Engineer for approval. The Plan must include the following provisions:description of maintenance operations, frequency of inspections and maintenance,responsible parties, and record keeping methodology. It will ultimately be theresponsibility of the Homeowner's Association to ensure that the Maintenance Planis consistently enforces. It is further recommended that implementation of the planbe included in the covenants and therefore, a condition of plat approval.See above. /^7. A site grading plan shall be prepared as a supplement to the project improvementdrawings, which includes, at a minimum, existing contours, contours after the streetis constructed but before development grading, spot elevations and flow directionalarrows. The plan must demonstrate adequate drainage to an acceptable dischargedevice, and should be used to establish street and building foundation grades. Ifthe grading design discloses any adverse impact to off-site properties, necessarydesign alterations and / or drainage conveyance devices and easements must beprovided.See Grading Sheet E-1 of the Construction Improvement Drawings (tab 20).8. Plans and specifications for all water, sewer, and storm sewer main extensions, aswell as public and private streets (including curb, gutter, and sidewalks / pedestrianconveyances) prepared by a Professional Engineer (PE) licensed in the state ofMontana shall be provided to and approved by the City Engineer, and whereapplicable, the County Road Superintendent. Water and sewer plans shall also beapproved by the Montana Department of Environmental Quality. The applicant shallprovide Professional Engineering sen/ices for Construction Inspection, Post-Construction Certification, and preparation of Mylar Record Drawings. Specificcomments shall not be initiated on the public infrastructure improvements until theplans, specifications and shop drawings have been approved and a preconstructionconference has been conducted.Please refer to Condition #11 of Sundance Springs Subdivision SoutheastFindings of Fact and Order.Any proposed sewer lift stations or water booster stations, as well as the locationof existing and proposed water and sewer mains and fire hydrants shall be shownon the Final Site Plan. Proposed main extensions shall be noted as such.Proposed water mains on South Third and Goldenstein Lane shall be installed andaccepted by the City of Bozeman as part of the first phase to satisfy the requirementof a looped water system. Additional, required, internal water main looping will beaddressed during the water and sewer plan reviews. Project infrastructure phasing,including all utility phasing shall be clearly shown during plan and specificationreview to ensure adequate water looping requirements.Water mains on South Third and Goldenstein installed during Phase 1.Internal water main looping has been addressed and designed accordingly.No sewer or water stubs shall be installed on the sewer and water mains inGoldenstein Lane except those necessary to serve the Sundance Springsdevelopment and those necessary at or near the intersection of South Third Avenueand Goldenstein Lane.No water stubs have been installed on the water main in Goldenstein Laneexcept those necessary to serve the Sundance Springs Development. To impede ground water migration along public utility trenches, clay or concretecutoff walls shall be installed along all sanitary sewer lines and water lines within thedevelopment and along the extension of the sewer line connecting with the existingsewer in Graf Street through Graf's Fourth Addition. The location of the cutoff wallsshall be subject to review and approval of the City Engineer.Use and location of cutoff walls per approval of the City EngineeringDepartment.9. All infrastructure improvements including 1) water and sewer main extensions, and2) public and private streets, curb / gutter, sidewalks fronting parks, open space,rear yard frontage, or other non-lot frontages, and related storm drainageinfrastructure improvements shall be constructed for each phase prior to final platapproval of each phase. No building permits will be prior to acceptance ofsubdivision infrastructure improvements.Please refer to Condition #7 of Sundance Springs Subdivision SoutheastFindings of Fact and Order.City standard residential sidewalks (including a concrete sidewalk section throughall private drive approaches) shall be constructed on all public and private streetfrontages of a property prior to occupancy of any structure on the property. Uponthe third anniversary of the plat recordation of any phase of the subdivision, any lotownerwho has not constructed said sidewalk shall, without further notice, constructwithin 30 days said sidewalk for their lots, regardless of whether otherimprovements have been made upon the lot. This condition shall be included onthe face of the final subdivision plat and in the covenants.Sundance Springs Development, L.L.C., understands that all sidewalks arerequired to be installed on the third anniversary of Final Plat filing.10. Easements for the water and sewer main extensions, where needed, shall be aminimum of 30 feet in width, with the utility located in the center of the easement orstandard locations, with the possible exception of the water mains on South Thirdand Goldenstein Lane. All existing and proposed utility easements shall be shownin the location required by the subdivision regulations unless a utility companyrequests otherwise. A blanket utility note may not be used; each lot must show allutility easements.An easement for the sewer main extension on Graf Street was obtained priorto the completed Phase 1 construction improvements.0 11. The final plat shall show all public access easements for the trails. Public access) easements for all trails in the entire PUD shall be filed prior to final plan approval.Trail easements are shown on the Final Site Plan, dated September 1998, asapproved by the City Commission.12. With regard to Ditch Relocation:a. The Montana Department of Fish, Wildlife and Parks shall be contacted bythe applicant regarding any proposed ditch / stream relocation and anyrequired permits (i.e., 310, 404, Turbidity exemption, etc.) obtained prior tofinal improvements plan approval.Please refer to Condition #10 of Sundance Springs SubdivisionSoutheast Findings of Fact and Order.b. The applicant shall obtain written permission from the ditch owner for anyproposed relocation or creation of any ponds therefrom.See above.13. With regard to flood plain:a. A Flood Plain Development Permit must be obtained from the City Engineerprior to approval of any work within the flood plain.Due to the nature of this project and the subsequent federal revision ofthe floodplain, City Engineer's approval was part of the approvalprocess.b. The 100 year flood plain boundary and flood elevations must be depicted onthe final improvement plan.Please refer to Condition #10 of Sundance Springs SubdivisionSoutheast Findings of Fact and Order.c. Culvert sizing design calculations shall be provided for the stream crossing.Culvert sizing design calculations are included in the Engineer'sDesign Report for Sundance Southeast, dated May, 2000.d. All buildings must be flood-proofed to at least two feet above the 100 yearflood elevation. Elevation Certificates must be provided for each buildingfollowing completion of construction.Sundance Southeast has no buildings within the 100 yearfloodplain. n0G14. The Montana Department of Environmental Quality, Water Quality Bureau, shall becontacted by the applicant to determine if a Storm Water Discharge Permit isnecessary. Written notification of the need or no need for the permit shall besubmitted with the construction drawings. If a permit is required by the State, thedeveloper shall demonstrate to the City full permit compliance.Please refer to Condition #9 of Sundance Springs Subdivision SoutheastFindings of Fact and Order.15. The developer's Professional Engineer, licensed in the State of Montana, shall berequired to prepare a comprehensive Design Report evaluating existing capacity ofwater and sewer utilities. The report must include detailed hydraulic evaluations ofeach utility for both existing and post-development demands for each phase ofdevelopment. The report findings must demonstrate adequate capacity to serve thefull development..If adequate water and / or sewer capacity is not available for full development, thereport must identify necessary water system and sewer system improvementsrequired for full development. The developer shall be responsible to complete thenecessary system improvements to serve the full development.The Design Report shall also include a roadway design section. The Report mustinclude an analysis of the on-site and future public right-of-way soil conditions,special grading recommendations, roadway bearing capacities, the impacts ofgroundwateron the design, projected traffic loadings, and street section(s) design.The design must incorporate the findings of an independent on-site soilsinvestigations, existing groundwater monitoring investigations, and the findings ofthe April 27, 1995 SCS study.The developer shall be responsible to increase the capacity of the 12" sewerextending between the intersections ofTracy/Hoffman and Mason / South Willson,in addition to one section of 8" sewer in Fairway Drive, south of Kagy Boulevard,which will be over capacity with the first phase of the subdivision. It will be theresponsibility of the developer to increase the capacity of the described pipelinesto adequately convey sewage effluent from the total future development, i.e. allphases combined.The developer shall be responsible to have designed and constructed a boostersystem to provide adequate pressure and volumes to the lots in the westerly portionof the project that may be impacted by potential inadequate water pressure in theCity's water system. The system shall be subject to review and approval by the CityEngineer and shall be adequately addressed in the Design Report.The Engineer's Design Report for Sundance Southeast has been submitted,dated May, 2000.i 16. The developer shall provide the City of Bozeman a minimum 30 foot wide sewereasement extending along Graf Street from the north terminus of Phase I to thenortherly property boundary of the development. The easement shall follow thefuture alignment of Graf Street. The developer shall also cause to be provided tothe City of Bozeman a minimum 30 foot wide sewer easement extending along thefuture alignment of Graf Street from the northerly property boundary to the existingsewer main in existing Graf Street, north of the project.Completed during Phase 1 improvements.17. A 50 foot wide right-of-way shall be dedicated for the realignment of the intersectionof South Third Avenue and Goldenstein Lane. A full 100 foot right-of-way shall bededicated in the area where the future road falls entirely within the project site. A 45foot right-of-way dedication for Goldenstein Lane shall also be provided along thesection of Goldenstein Lane adjoining Phase 1. A 20 foot wide right-of-way shallbe dedicated along South Third Avenue for the entire length of the development(except where additional right-of-way is required). The widths of the right-of-waydedications for South Third Avenue and Goldenstein Lane shall be clearly indicatedon the final plat.Dedicated on Phase 1 Final Plat.18. The realignment of the roadway and intersection of South Third Avenue andGoldenstein Lane shall be funded and constructed by the developer, at standardsapproved by the County Road Superintendent. Improvements consistent with theCity's G.O. Bond Issue project for South Third Avenue shall be constructed by thedeveloper for that portion of South Third Avenue to be realigned near GoldensteinLane, at standards approved by the City Engineer and County RoadSuperintendent. These improvements shall be constructed prior to final platapproval pf Phase 1, unless included in a Subdivision Improvements Agreement.Building permits for the project will not be issued for any lots within Phase 1 evenif included in an Improvements Agreement. These improvements must becompleted prior to home or commercial construction in Phase 1 . The developershall obtain any wetland permits required concerning the realignment and roadimprovements.Completed during Phase 1 improvements.0 c.019. Provisions for pedestrian conveyance along South Third Avenue and GoldensteinLane shall be provided by the developer. There provisions must meet with theCounty Road Supervisor's approval, and shall be completed prior to final platapproval of Phase 1. These improvements may be financially guaranteed throughan Improvements Agreement, and if so guaranteed, will not impede the issuanceof building permits within the project. However, the improvements must becompleted within the time period allowed in the Subdivision ImprovementsAgreement.Completed during Phase 1 improvements.20. Internal streets within the subdivision shall be contained within 70 foot wide rights-of-way and shall be constructed to the 24-foot standard proposed in the submittal.See copy of Final Plat and Construction Drawing Sheet D-1 w/ abovehighlighted (tab 21).21. Graf Street shall continue through the project and not change names at theintersection with Peace Pipe Drive (i.e. eliminate reference to Wind Flower Drive),and shall terminate at Morning Sun Drive. The "South" designation shall bedropped from Graf Street references.Completed on Phase 1 Final Plat.22. There shall be no centerline offset at the intersection of Wind Flower Drive andPeace Pipe Drive.Completed on Phase 1 Final Plat.23. The word "future" shall be deleted from the "future sewer easement" between Lots4 and 5, Block 8, on the final plat.Completed on Phase 1 Final Plat.24. Encroachment permits shall be obtained from the County Road Office for alldevelopment streets existing onto South Third Avenue and Goldenstein Lane priorto construction of the streets. Street name and stop signs shall be provided at allroad intersections.Encroachment permits are not applicable to Sundance Southeast. Streetsigns are located at all road intersections.10 025. A waiver of right to protest the creation of Rural Improvement Districts and thepossible installation of a future signal light at the intersection of Goldenstein andSouth Third Avenue shall be recorded with the final plat.Has been completed for Phase 1 Final Plat.26. The property owner shall provide and file with the final subdivision plat an executedWaiver of Right to Protest Creation of Special Improvement Districts forimprovements to South Third Avenue, between Kagy Boulevard and GoldensteinLane, and for improvements to the South Third / Willson / Kagy Boulevardintersection (to include signalization), unless the document is already on file with theGallatin County Clerk and Recorder's Office. The Waiver shall specify that in theevent SIDs are not utilized for the completion of these projects, the owner shallagree to participate in an alternate financing method for completion of saidimprovements on a fair share, proportionate basis as determined by the squarefootage of the property, linear front footage of the property, taxable valuation of theproperty, or combination thereof. Said Waiver shall be a covenants running with theland and shall not expire.Has been completed for Phase 1 Final Plat.27. A 100 foot wide linear park from the northwest comer of Gardner Park, west alongthe north property boundary for a distance of 500 feet, then reduce the width to 50feet and continue west along the north boundary to Graf Street shall be dedicatedwith Phase 1. This linear park shall become an extension of Gardner Park.This was dedicated during Phase 1. Shown on Final Plat.A 50 foot wide linear park from the southeast corner of McLeod Park north along theeast boundary of McLeod Park to the end of Sundance Drive, then east along thenorth property boundary to the property corner, then to the northwest propertycorner and finally east along the north property boundary corner, then north to thenorthwest property corner and finally east along the north property boundary to GrafStreet shall be dedicated with Phase 1. This dedication shall include the 50 feet ofGraf Street to connect the extension of Gardner Park, and will become an extensionof McLeod Park.This was dedicated during Phase 1. Shown on Final Plat.The final Zoning PUD and final Subdivision designs shall provide a minimum of 50feet of open space, owned and controlled by the homeowners association, betweenall residential lots and dedicated linear parks.This was dedicated during Phase 1. Shown on Final Plat.0 r\0028.The developer's wetland consultant shall consult with the Montana Department ofFish Wildlife & Parks during the design of the wetland enhancement plan. At leastone pond shall be a minimum of one acre in size.Completed during Phase 1 improvements, not applicable to SundanceSoutheast.The developer shall not be required to construct the trail(s) through McLeod park,but shall contact and work with the Gallatin County Commission regarding thepossibility of the installation ofatrail(s) through McLeod Park. This contact will thenProvide an opportunity for volunteer groups to construct the trail network. If theGallatin County Commission will not grant approval for the construction of a trail(s)through McLeod Park, the developer, in the appropriate phase, shall construct a trailthrough the open space north of Peace Pipe Drive to connect McLeod Park toSouth Third Avenue, with a connection to Good Medicine Way and a secondconnection to Peace Pipe Drive between Blocks 8 and 10.Not applicable to Sundance Southeast.The Parks and Recreation Advisory Committee shall be contacted by the developerwith regard to a linear trail, with a permanent public trail easement, to beconstructed by the developer, on the west side of the existing trees in the northeastopen space area to provide an alternate trail from the Sourdough Trail to the trailon the north boundary of the subdivision. The location and construction of the trialshall be approved by the Parks and Recreation Advisory Committee. This trail shallbe developed when that phase of the property develops. If the Parks andRecreation Advisory Committee finds that this trail is not wanted or needed as partof the linear trail system, the developer shall not be required to install it.Not applicable to Sundance Southeast.The developer shall participate in resolving any identified vertical alignmentproblems on Goldenstein Lane to the satisfaction of the County RoadSuperintendent and the City of Bozeman.Resolved during Phase 1.0 29. A documented market study shall be provided prior to submittal of the final site planfor the zoning PUD that shows the proposed uses within the neighborhood sen/icearea (Blocks 10 and 11) will be supported by the area residents. If the study doesnot conclude that 50% of the business will be generated from this area,development of the neighborhood service lots will not be allowed. Used permittedon these lots include professional offices and other permitted used listed in the B-1neighborhood service district chapter of the Bozeman Zoning Ordinance. Full siteplan review and / or subdivision review will be required for all development withinBlocks 10 and 1 1, Phase 1 subdivision. If not allowed, a maximum of six additionalsingle-family residential lots could be created within these two blocks via furthersubdivision review and approval.Addressed during Phase 1.All commercial structures shall be fully protected with an approved fire sprinklersystem, unless waived by the Fire Chief in the event a fire station is constructedcloser to the site which will provide adequately improved response times.The requirements relating to fire protection have been completed duringPhase 1.The need for mitigation to the long fire department response times which areprobable prior to the time new fire station facilities may be constructed nearerto thisarea, such as, but not limited to, sprinklering of residential dwelling structures, shallbe left to the discretion of the Fire Chief.See enclosed copy of Final Plat w/ note highlighted (tab 22)The hours of business for all uses within the neighborhood service lots shall belimited to 7 a.m. through 9 p.m..The requirements relating to hours of business have been addressed in thecovenants, included w/ Condition #2 of Sundance Springs SubdivisionSoutheast Findings of Fact and Order..30. The final subdivision plat shall contain the following:a) A note stating: Due to the relatively high groundwater table within the subdivision,it is not recommended that structures with full or daylight basements be constructed.b) The "landowner" and "flood plain" notes shown on the preliminary plat shall beclarified.c) A "no access" note prohibiting direct access to Goldenstein Lane and South ThirdAvenue for all lots fronting those streets.*•I n0Gd) The correct site statistics for phase 1.Please refer to Condition #8 of Sundance Springs Subdivision SoutheastFindings of Fact and Order.31. The County Weed Control Officer shall approve a Weed Control Plan for thesubdivision, and a signed copy of the Plan shall be submitted to the Planning Officeprior to the final subdivision plat approval. Any mitigations required in the plan shallbe completed by the developer, and approved by the County Weed Control Officerin writing, prior to final plat approval.Please refer to Condition #3 of Sundance Springs Subdivision SoutheastFindings of Fact and Order.32. A 10 foot wide maintenance easement shall be provided on both sides of allirrigation ditches.Addressed during Phase 1.33. The Covenants and Design Guidelines shall be amended as follows.All subsequent issues addressed during Phase 1.a) The Covenants shall be amended to indicate that the City of Bozeman is a partyto the Covenants, and any covenant contained therein as a condition of preliminaryplan or plat approval and required by the City Commission any not be amended orrevoked without the mutual consent of the owners in accordance with theamendment procedures listed in the covenants, and by the City of Bozeman.SECTION I. RESIDENTIAL LOTSb) Clarify Article IX, Section 9.4, Mowing Practices, to state that the Fire Chief shallbe contacted by the Homeowner's Association regarding the need to mow in Type1 Management Areas for fire prevention. If not necessary, Type 1 ManagementAreas shall be left in a natural, unmowed state.c) Add a statement to Article IX, Section 9.15 of the Covenants that requires theright-of-way (barrow pits) to be mowed and maintained by the homeowners and /or Homeowners Association, and that specifically states that the barrow ditches maynot be filled.d) Article IX, Section 9.15. Because an alternative street standard was accepted,add a section which specifically discusses the maintenance of the interior roadways(e.g. sidewalk snow removal along open spaces, driveway and street intersectionculverts, weed mowing, pothole patching, etc.). ^n0e) Page 28, Section 9.15. Correct the spelling of "except" to "accept".f) Page 20, Section 1 0.4. Eliminate first sentence regarding determining maximumroof height, and just reference a 34 foot maximum height.g) Page 20, Section 10.6, Foundation Design. Add reference to the lots borderingthe open space in Block 4 west of the open space area, with regard to the potentialfor these lots having high ground water.h) Page 22. Correct spelling throughout Section 11.2.d, "eves" to "eaves".i) Page 24. Correct or eliminate drawing in Section 11.6.c regarding exposedconcrete.j) Page 27. Amend the reference to on-street parking in Section 11.8 to delete thelast sentence regarding the acceptableness of parking temporary visitor's cars over-night on the street.k) Add the following to Section 12.7, page 29: All light fixtures shall be arranged todeflect light down and/or away from adjoining properties and streets. Lightingfixtures must incorporate cut-off shields to direct light downward. Luminaries shallnot be visible from adjacent streets or properties. Fixtures should be compatiblewith architectural and site design.1) Page 32, Section 12.15, Signs. Home occupation signs are limited to no morethan two square feet per the Sign Code. Correct to comply.m) Section 12.18, page 32. Add a statement that recommends the use of organicfertilizer instead of chemical fertilizer, and that the fertilizer be applied when plantsare active.n)Section12.18, page 32. Add to third sentence from end, that native bushes andtrees may be planted in the rear yard setbacks in addition to the fescue seed mixes.o) Add a section informing lot owners that an Elevation Certificate must be providedto the City Engineer for each building within the 100 year floodplain followingcompletion of construction.p) Page 39. Add a paragraph regarding installation of sidewalks per the City policy.SECTION II. NEIGHBORHOOD SERVICESa) Page 19, Section 9.4. Eliminate first sentence regarding determination ofbuilding height, and just reference a maximum 34 foot building height.b) Page 23. Correct spelling throughout Section 10.2.d., "eavs" to "eaves". /^--,n00c) Page 26, Section 10.8. Clarify section regarding on-street parking per the CityCommission's decision on street standard, to prohibit all parking of cars or othervehicles on the streets.d) Page 27, Section 1 1.6, Exterior lighting. Add a sentence stating lights cannot behigher than the height of the building or 20 feet, whichever is less. Add the followingstatement: All light fixtures shall be arranged to deflect light down and/or away formadjoining properties and streets. Sighting fixtures must incorporate cut-off shieldsto direct light downward. Luminaries shall not be visible from adjacent streets orproperties. Fixtures should be compatible with architectural and site design.e) Section 11.14, page 29. Add a statement that recommends the use of organicfertilizer instead of chemical fertilizer, and that the fertilizer be applied when plantsare active.f) Add a section regarding installation of sidewalks per the City policy.g) Clarify Article XII, Section 12.4, Mowing Practices, to state that the Fire Chiefshall be contacted regarding the need to mow in Type 1 Management Areas for fireprevention. If not necessary, Type 1 Management Areas shall be left in a natural,un mowed state.h) Add a statement to Article Xl I, Section 12.15afthe Covenants that requires theright-of-way (barrow pits) to be mowed and maintained by the homeowners and/orHomeowners Association, and that specifically states that barrow ditches may notbe filled.i) Because an alternative street standard was accepted, add a section whichspecifically discusses the maintenance of the interior roadways (e.g. sidewalk snowremoval along open spaces, driveway and street intersection culverts, weedmowing, pothole patching, etc.).j) Include a section which limits the hours of business for all uses within theneighborhood service lots to 7 a.m. through 9 p.m. r.034. The owner shall sign a "Right of Entry" form, or other similar document satisfactoryto the City Attorney, granting the City of Bozeman access to all Open Space areasof the subdivision, and dedicating an easement(s) for public utility purposes, whichwould be limited to drilling a well or wells for drinking water supply, on the final platof the subdivision. The "Right of Entry" form shall designate that all wells shall beconstructed so as to have a minimal visual impact.A "Right of Entry" form was completed during Phase 1. A note has beenadded to the Sundance Southeast Final Plat granting the City of Bozemanaccess to all open space and dedicating and easement for public utilitypurposes.35. The developer shall grant the City of Bozeman the first right of refusal for thepurchase of all or any portion of the 16 lots proposed along Sweet Water Drive, atthe time that phase of the development is finalized.Phase 2A is now called "Southeast" and Sundance Springs DevelopmentL.L.C. has granted the City of Bozeman the first right of refusal for a portionof the open space within this phase.36. The right to a use and occupancy permit for the Zoning PUD shall be contingentupon the fulfillment of all general and special conditions imposed on the ConditionalUse Permit.All general and special conditions imposed on the Conditional Use Permithave been met, providing for the right to a Use and Occupancy Permit for theZoning PUD.37. All of the special conditions imposed by the City Commission shall constituterestrictions running with the land use and shall be binding upon the owner of theland, his successors or assigns.Sundance Springs Development, L.L.C., has complied with all of the specialconditions by filing the Final Site Plan, Final Plat, and recording the DesignGuidelines. It is understood that the special conditions shall constituterestrictions running with the land use and shall be binding upon the owner ofthe land, his successors or assigns.38. All of the special conditions required by the City Commission shall be consented toin writing by the applicant prior to final plan or plat approval.Sundance Springs Development, L.L.C., has consented to all of the Conditionsof Approval during the September 1998 Final Site Plan Approval.0 39. The Annexation Agreement for the property must be finally accepted by the City) Commission and filed at the Clerk and Recorder's Office prior to the approval of afinal plan or plat for the property.The Annexation Agreement for the property has been accepted by the CityCommission and filed at the Clerk and Recorder's Office.40. Water rights or a cash-in-lieu fee in an amount determined by the Director of PublicService shall be provided prior to final plat approval.See attached documentation (tab 23).00H:\2336\016\DOCS\FPLAT\PUDFindOFact.wpd !'rand Platting"Act ifcertaia coaditfoas are imposed on the project. The evidence thatjusttfl?s theconditions is that the subdivision must comply the above-refereaced documents, and adverseimpacts created by the subdi\ision, which require mirigatioa, justify the imposition of the conditionsbelow.THEREFORE, IT IS HEREBY ORDERED that the subject development be approved,subject to the condihons listed below. This City Commission order may be appealed by bdngm£aa 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. Preliminary plan/plat approval does not exempt the developer from impact fees which may beestablished at a later date which are based oa fmal plat approval or building pennit approval. Finalplan/plat approval shall be subject to auy impact fees which may be implemeated prior to said finalplan/plat approval. Development ofiadividual lots shall be subject to any impact fees applicable ••to buildmg permit applications implemented with any impact fee policy prior to building pemiitapproval.2. Seven copies of the Final Site Plan for the Zoning Planned Unit Development whicbcoatams .all of the conditions, corrections, and modiiicadons approved by the City Commission whicb. areapplicable to it shall be approved by the Plaaamg Director mthia three years followiag the approvalof the prelirninaiy plan by the Bozemaa City Commission. Upon application and for good cause,the Plaaning Director may administratively extend the period for filing a final site plan for twosuccessive sLx-moath periods. Any additional sLx-month extensious must be approved, if at all, onlyby the Planmag Board. The final site plan shall comply w-ith Sectioa 18.54.060© of the BozemanZoning ordlaauce, as printed in the 9-93 Codification of the Bozeman Municipal Code, and shallbe adequately duneasioaed. The final site plan must be approved prior to Fmal Subdivision Platapproval.The applicant shall eater into an. Improvemeats Agreement v/ith the City to guarantee the installationof required oa-site improvements at the time of Final Site Plaa submittal. These unprovemsnts willinclude those idenrified with each subdi\dstoii phase, iticludlng sidewalks fronting parks, open space,rear yard frontages, or other noa-lot frontages, and landscape and trail improvemeats. Detailed costestimates, coastruction plans, and methods of security for oa-site LTiprovemeDts shall be made a partof that Agreement. All required uifrastructure and site improvemeats for Phase 1 shall be completed\<<'ithui two years after final approval.eFINDINGS OF FACT AND ORDER -- SUNDANCE SPRINGS P.U.D.PAGE 9'. ^-rc3. PrelLminary Subdivision Plat approval must be granted for each phase of the development, \viththe final plat filed prior to the sale of any homesites withia each phase. A building permit will notbe issued for any new coastnictioa v/ithin each phase until the final plat is filed and iafrastructureimprovements are completed and accepted.4. The Final Subdivision Plat shall conform to the Uniform Standards for Final Subdivision Plats,contam all appropriate certificates, page titles, and be accompanied by all appropriate documeats,includuig a Platting Certificate. A digital copy of the final plat, on a double sided, high-deasity 3/2inch floppy disk, shall be subnutted with the final plat application. The Final Subdivision Plat mustbe approved \vithin three years from the date of preliminary plat approval by the Bozeman CityCommission. Prior to the expiration date, the subdivider may submit a letter of request to thePlanning Du-ector for a one year exteQsioa. Thereafter, the City Commission may approve anextension for not more than one additional calendar year. ' •-.-The Final Subdivision Plat may not be filed until the Final Site Plan is approved. If it is thedeveloper's intent to file the final subdivision plat pnor to the completion of all required subdivisionimprovements, which includes, but is not limited to, interior streets, curb, gutter, water and sewer,pedestrian conveyance along South Third and Goldenstein, sidewalks frontuig parks, open space,rear -yard froatage, or other noa-lot frontages, and stonn water infi-asfcructure, a SubdivisionImprovements Agreement shall be entered into with 'the City of Bozeman guaranteemg thecompledon of all required Phase 1 improvements in accordance \vith the Preliminary Plat submittalufonnatioa and conditions of approval. If the Fmal Subdivision Plat is filed prior to the iastallatioaof all improvements, the developer shall supply the City ofBozemaa \vitli an acceptable method ofsecurity equal to 150% of the cost of the remaimag improvements. Under no circumstances ^YiUbuUding permits be issued prior to acceptance of subdivision infrastructure improvements (i.e.water, sewer, streets).The Final Subdivision Plat submittal must include a separate opea space landscape plan for Phase1 v/hich details the location and species of vegetative planriags and trail improvements for reviewaad approval by the Pla.nni.ng Office prior to final plat approval. The plan must show that all streetintersecrioa sight triangles will be free ofplantings which at mature gro\\1h will obscure \-isioa^thiu the sight triaagle.5. Approval of the Final Subdivision Plat from the Subdivision Program of the MontanaDepartment of Health, and Enviroameatal Sciences Water Quality Bureau must occur prior to FinalSubdivision Plat approval, pursuant to Section 16.16.101 through 16.16.805, AR^I. Notification '•of that approval must be submitted with the final plat.6. A Storm water Draiaage/Treatmeat Plaa for a system designed to remove solids, silts, oils,grease, aad other pollutants must be prodded to and approved by the City Engineer prior toiafrasfcructure coastructioa. The plan must demonstrate adequate site drainage (including sufficientspot elevations),, the hydraulic and drainage treatment properties of the proposed vegetated roadwayFINDINGS OF FACT AND ORDER -- SUNDANCE SPRINGS P.U.D.PAGE 10 r '^swales, storm water deteation/retentioa basin details (including basin sizing and dii'cS'argecalculations, and discharge structure details), and storm water discharge destiaatioa. Sufficientstorm v/ater systems shall be designed and constructed to support each phase of development.A storm water drainage/treatment facilities plan must be prepared and submitted to the CityEngineer for approval. The Plan must include the follon-ing provisions: descripdoa ofmainteaaaceoperations, frequency of inspections and maiatenaace, respoasible parties, and record keepingmethodolog)'-. It \\i\.\ ultimately be the responsibility of the Homeov/Tier's Associadoa to ensure thatthe Maiateaan.ee Plan is coasisteatly eaforced. It is further recominended that LmplemeQtation ofthe plan be included in the covenants and therefore, a condition 'of plat approval.7. A site grading plan shall be prepared as a supplement to the project improvement drawings,which includes, at a inmimum, existing contours, contours after the street is constructed but beforedevelopment grading, spot elevations and flow du-ectional arrows. -The plan must demonstrateadequate drainage to aa acceptable discharge device, and should be used to establish street andbuilding foundation grades. If the grading design discloses any adverse impact to off-site properties,necessary design alterations aad/or drainage conveyance devices and easements must be provided.8. Plans and specificadons for all water, sewer, and storm sewer maia extensions, as well as publicaad private streets (including curb, gutter, and sidewalks/pedesfa^aa conveyances) prepared by aProfessional Eagmeer (PE) licensed in the state of Montana s'hall be provided to and approved bythe City Engineer, and where applicable, the County Road Superiatendeat. Water and sewer plansshall also be approved by the Montana Department of Environmental Quality. The applicant shallprovide Professional Engmeeriag services for Construction. Inspection, Post-ConstructionCertificadoD, and prepararioa of Mylar Record Drawings. Specific comments regarding the existingand proposed mirastructuTe shall be provided at that time. Coastructioa shaU not be initiated on. thepublic infrastructure improvements until the plans, specifications and shop dra\vings have 'beenapproved and a precoastructioa conference has been conducted.Any proposed sewer lift stations or water booster stations, as well as the location of existing andproposed v/ater and sewer mains and fu-e Iiydraats shall be sho\\n oa the Final Site Plan. Proposedmaia exteasioas shall be noted as such.Proposed water mains oa South Third and Goldeastein Lane shall be installed and accepted by theCity of Bozemaa as part of the first phase to satisfy the requirement of a looped water system.Additional, requu-ed, internal v/ater maui looping \vill be addressed durmg the water and sewer planrenews. Project iairastructure phasing, including all utility phasing, shall be clearly showTi duringplan and specification review to ensure adequate water looping requiremeats.No sewer or water stubs shall be installed oa the sewer and \vater mains in Goldenstein Lane exceptthose necessary to ser\-e the Suadaace Springs development and those necessary at or near theiatersectioa of South Third Aveaue and Goldeasteia Lane.I -FINDINGS OF FACT AND ORDER -- SUNDANCE SPRINGS P.U.D.PAGE 11 /--nTo impede ground water migration aloag public utility trenches, clay or concrete cutoff walls shallbe installed along all sanitary sewer lines and water lines \vithia the development and aloag theextension of the sewer line coanecting with the existing sewer in Graf Street th-ough Grafs FourthAddition. The location of the cutoff walls shall be subject to review and approval of the CityEngineer.9. All infrastructure improvements mcluduig 1) water and sewer main extensions, and 2) public andprivate streets, curb/gutter, sidewalks fronting parks, open space, rear yard froatage, or other non-lotfrontages, and related stonn drainage infrastructure improvements shall be constructed for eachphase prior to final plat approval of each phase. No building pemiits will be issued prior toacceptance of subdivision infi-astructure improvemeiits.City standard residential sidewalks (including a concrete sidewalk section tlirougli all private driveapproaches) shall be consfa-ucted on all public and pdvate street frontages of a property prior tooccupancy of any structure on the property. Upon the third anniversary of the plat recordatioa ofany phase of the subdivision, any lot owner who has not constructed said sidewalk shall, withoutfurther notice, construct wifhin 30 days said sidewalk for their lot(s), regardless of whether ofherimprovements have been made upon fhe lot. This condidoa shall be included on the face of the finalsubdivision plat and in the covenants. • '10. Easements for the water and sewer main exteasioiu, wbere needed, shall be a minimum of 30feet in. \vidth, with the utility located in the center of the easement or standard locations, with thepossible exception of die water mains on South Third and Goldenstein Lane. All existing andproposed utility easements shall be sho\vn oa the final subdivision plat and the final site plan, and•utility easements shall be m the location required by the su'bdivision regularioas imless a utilitycompany requests othenvise. A blanlcet utility note may not be used; each lot must show all utilityeasements.11. The final plat shall show all public access easements for the t-alls. Public access easements forall trails in the entire PUD shall be filed prior to final plan approval.12. With regard to Ditch Relocation:a,b.The Montana Department of Fish, Wildlife and Parks shall be contacted by theapplicant regarding any proposed ditcb/stream relocation and any required pemiits(i.e., 310,404, Tiirbidity exemption, etc.) obtained prior to final improvement plauapproval.The applicant shall obtain \\Tittea. pemiissioa from the ditch o\vTier for any proposedrelocation or creation of any ponds therefrom,FINDINGS OF FACT AND ORDER - SUNDAMCE SPRINGS P.U.D.PAGE 12 ,-;''.r-nr13. With regard to flood plain:a. A Flood Plain Development Permit must be obtained from the City Engineer priorto approval ofaay work w-ithia the flood plain.b. The 100 year flood plain boundary and flood elevations must be depicted oa the finalimprovement plan.c. Culvert sizing design calculations shall be provided for the stream crossing.d. All buildings must be flood-proofed to at least t\vo feet above the 100 year floodelevation. Elevation Certificates must be provided for each building followingcompletion of construction.14. The Montana Department ofEnv-u-oameatal Quality, Water Quality Bureau, shall be coatactedby the applicant to determine if a Storm Water Discharge Pemiit is necessary. Written notificarioaof the need or no need for the pennit shall be submitted with the coasti'uction drawings. If a pennitis required by the State, the developer shall demonstrate to the City fall pemiit compliance.15. The developer's Professional Engineer, Uceased in the State of Montana, shall be required toprepare a compreheasive Design Report evaluating existing capacity of water and sewer utilities.The report must include detailed hydraulic evaluations of each utility for both existing and post-development demands for each phase of development. The report findings must demonstrateadequate capacity to serve the full development.If adequate water and/or sewer capacity is not available for full development, the report mustidentify necessary water system and sewer system improvemeats required for full development. Thedeveloper shall be responsible to complete the necessary system improvements to serye the fulldevelopment.The Design Report shall also include a roadway design section. The Report must include ananalysis of the oa-site aad future public right-of-way soil conditions, special gradingrecommeadatioas, roadway bearing capacides, the impacts ofgroundwater oa the design, projectedtraffic loadings, and street section(s) design. The design must incorporate the findings of aniadepeadent on-site soils investigations, existing grouudwater moaitoriag iavestigatlons, aad thefmdings of the April 27, 1995 SCS study.The developer shall be responsible to iiicrease the capacity of the 12" sewer extending between theiatersectioas ofTracy/Hoffrnan and Masoa/South Willsoa, in addition to one section of 8" sewerin Falnvay Drive, south ofKagy Boulevard, which will be over capacity mth the first phase of thesubdiv-isioa. It \vill be the responsibility of the developer to increase the capacity of the describedpipelines to adequately convey sewage effluent from the total future development, i.e. all phasescombined.IFINDINGS OF FACT AND ORDER -- SUNDANCE SPRINGS P.U.D.PAGE 13 -^rc^The developer shall be responsible to have designed and coasb-ucted a booster system to provideadequate pressure and volumes to the lots in the westerly portion of the project that may be impacted .by potential inadequate water pressure in the Ci.ty's water system. The system shall be subject toreview and approval by the City Engineer and shall be adequately addressed in the Design Report.16. The developer shall provide the City ofBozemaa a miaimum 30 foot \v-ide sewer easementextending along Graf Street from the north terminus of Phase 1 to the northerly property boundaryofthedevelopmeat. The easement shall follow the future aligument of Graf Street. The developershall also cause to be provided to the City ofBozeman a mm'unum 30 foot wide sewer easementexteadiag along the future aligameat of Graf Street from the northerly property boundary to theexistiag sewer main in existing Graf Street, north of the project. ' •17. A 50 foot \vide right-of-way shall be dedicated for the realignment of the intersection of SouthThird Avenue aad Goldeastein Lane. A full 100 foot right-of-way shall be dedicated in the areawhere the future road falls entirely vvithin the project site. A 45 foot wide right-of-way dedicationfor Goldeasteln Lane shall also be provided along the section of Goldeastein Laae adjolmng Phase1. A 20 foot Vr-ide right-of-way shall be dedicated along South Third Avenue for the entire lengthof the development (except where addirioaal right-of-way is required). The widths of the right-of-way dedicatioiu for South Third Avenue and Goldenstein Lane sliall be clearly indicated oa the fmalplat.•'...18. The realignment of the roadway aud intersection of South Third Avenue and GoldensteinLaneshall be funded and constructed by the developer, at standards approved by the County RoadSuperiateadeat. Improvements coasisteat with the City's G.O. Bond Issue project for South ThirdAvenue shall be constructed by the developer for that portion of South Third Avenue to be realignednear Goldenstein Lane, at standards approved by the City Engineer and County' RoadSuperintendent. These knprovements shall be coasb-ucted prior to final plat approval of Phase 1,unless mcluded in a Subdivision Improvements Agreement. Building permits for the project willnot be issued for any lots \\-ithia Phase 1 even if included in an Improvements Asreemeat. Theseimprovements must be completed prior to home or commercial construction ia Phase 1. Thedeveloper shall obtain any wetland permits required concerning the realisnmeat and roadimprovements.19. Provisions for pedestrian conveyance along South Third Aveaue and Goldensteia Lane shallbe provided by the developer. These provisions must meet v--ith the County Road Supervisor sapproval, and shall be completed prior to fmal plat approval of Phase 1. These improvements maybe financially guaranteed througb aa Improvements Agreement, and if so guaranteed, will notimpede the issuance of building permits within the project. However, the improvements must becompleted within the time period allowed in the Subdivision Improvements Agreement.20. Internal streets \vithin the subdivision shall be coataiaed within 70 foot \vide rights-of-way andshall be constructed to the 24-foot standard proposed in the submittal.4FINDINGS OF FACT AND ORDER -- SUNDANCE SPRINGS P.U.D.PAGE 14t /r21. Graf Street shall continue through the project and not change names at the intersection with.Peace Pipe Drive (i.e. eluniaate reference to Wind Flower Drive), and shall terminate at MorningSua Drive. The "South" designation" shall be dropped from Graf Street references.22. There shall be no centerlLne offset at the intersectioa of Wind Flower Drive and Peace PipeDrive.23. The word "future" shall be deleted from the "future sewer easement" between Lots 4 and 5,Block 8, oa the final plat.24. Encroacbmeat permits shall be obtained from the County Road Office for all developmentstreets existing onto South Third Avenue aad Goldeastein Laae prior to construcrioa of the streets.Sfa-eet name and stop signs shall be provided at all road intersections.25. A waiver of right to protest the creation of Rural Improvement Districts and the possibleinstallation of a future signal light at the intersection of Goldenstein and South Third Avenue shallbe recorded with the final plat.26. The property o\vner shall provide and file with the final subdivision plat an executed Waiverof Right to Protest Creation of Special Improvement Districts for improvements to South ThirdAvenue, between Kagy Boulevard aad Goldeasteiu Laue, and for improvements to the SouthThird.WUlsoa/Kagy Boulevard iatersectioa (to include sigaalizatioa), unless the document isakeady oa file \vith the Gallatm County Clerk and Recorder's Office. The Waiver shall specify thatin the event SIDs are not utilized for the completion of these projects, the o\vner shall agree toparticipate ia an alternate fmaaciag method for completion of said improvements on a fair share,proportionate basis as determined by the square footage of the property, linear front footage of theproperty, taxable valuation of the property, or com'biuatioa thereof. Said Waiver shall be acovenants nianiag \vith the land and shall not expu-e.27. A 100 foot v^de linear park from the northwest comer of Gardner Park, west along the northproperty boundary for a distance of 500 feet, then reduce the \vidth to 50 feet and continue westalong the north property- boundary to Graf Street shall be dedicated \vith Phase 1, This linear parksball become an extension of Gardner Park.A 50 foot v,-ide Imearpark from the southeast comer ofMcLeod Park north along the east boundaryofMcLeod Park to the end of Suadaace Drive, then east along the north property' boundary to theproperty comer, then north to the northwest property comer and finally east along the north propertyboundary- to Graf Street shall be dedicated \vith Phase 1. This dedication shall include the 50 feetof Graf Street to coaaect the extension of Gardner Park, and will become an extension ofMcLeodPark.The final Zoning PUD aad final Subdiv-isioa designs shall provide a ininiinum of 50 feet of openspace, owned aad coah-olled by the homeonners association, betweea all resideatial lots anddedicated linear parks.tFINDINGS OF FACT AND ORDER -- SUNDANCE SPRINGS P.U.D.PAGE 15 n^~ The developer's wetland consultant shall consult with the Montana Departmeat of Fish, Wildlife &Parks during the design of the wetland eahancemeat plan. At least one pond shall be a minimumof one acre ia size.The developer shall not be required to construct the fa-ail(s) through McLeod Park, but shall contactand work with the Gallatia County Commission regarding the possibility of the installation of atrial(s) through McLeod Park. This contact \vill thea provide an opportuaity for voluateer groupsto coastruct the ta-ail network. If the Gallatin Couaty Commission will not grant approval for theconstruction of a trail(s) through McLeod Park, the developer, in the appropriate phase, shallconstruct a trail through the open space north ofPeace_Pij3e Drive to connect McLeod Park to SouthThird Avenue, \vith a connection to Good Medicine Way and a second cormectioa to Peace PipeDrive between Blocks 8 and 10. • •• •The Parks and Recrearioa Advisory Committee shall be contacted by the developer with regard toa linear trail, with a permanent public b-ail easement, to be constructed by the developer, oa the westside of the existing trees in the northeast open space area to provide an alternate trail from the SourDough Trail to the trail oa the north boundary of the subdivision. The location and construction ofthe t-ail shall be approved by the Park5 and Recrearioa Advisory Committee. This ti-ail shall bedeveloped when that phase of the property develops. If the Parks and Recreation AdvisoryCommittee finds that this trail is not wanted or needed as part of the linear fa-ail system, thedeveloper shall not be required to install it.28. The developer shaU participate in resolving any identified vertical alignment problems onGoldeastein Lane to the sadsfactioa of the County Road Supermtendeat and City ofBozemaa.29. A documented market study shall be provided prior to submittal of the final site plan for thezoning PUD that shows the proposed uses withm the neighborhood seryice area (Blocks 10 and 11)v,dll be supported by the area residents. If the study does not conclude that 50% of the business v,dllbe generated from this area, developmeat of the neighborhood service lots \\'ill not be allowed. Usespermitted on these lots include professional offices aad other permitted uses listed in the B-lneighborhood service district chapter of the Bozeman Zoning Ordinance. Full site plan reviewand/or subdivision review will be requLred for all development \vithia Blocks 10 aad .11, Phase 1subdi\-ision. If not allowed, a maximum ofsi.x additional single-family resideatial lots could becreated \\'ithia these two blocks via further subdivision review and approval.All cocnmercial structures shall be fully protected \\'ith aa approved fire sprmkler system, iinlesswaived by the Fire Chief ia the event a fire station is constructed closer to the site which \villprovide adequately improved response times.The need for mitigation to the long fu-e department response times wliich are probable prior to thetime new fire station facilities may be coastructed nearer to this area, such as, but not limited to,spnnlcleriag ofresideatial dwelling structures, shall be left to the discretion of the Fire Chief.tFINDINGS OF FACT AND ORDER -- SUNDANCE SPRINGS P.U.D.PAGE 16 r'/ )r(The hours of business for all uses \vithin the neighborhood service lots shall be limited f6"7 a.m.through 9 p.m.30. The final subdivision plat shall coatain the following:a) A note stating: Due to the relatively high groundwater table w-ithia the subdivision, it isnot recommended that structures \vith full or daylight basements be constructed.b) The ''lando\\Tier" and "floodplain" notes sh.o\vn on the preluninary plat shall be clarified.c) A "no access" note prohibited direct access to Goldenstein Lane and South Third Avenuefor all lots fronting those streets. . .d) The correct site statistics for phase 1.31. The County Weed Control Officer shall approve a Weed Control Plaa for the subdivision, anda signed copy of the Plan shall be submitted to the Planning Office pdor to fmal subdivision platapproval. Any mitigations requu-ed in. the plan sball be completed by the developer, and approvedby the County Weed Control Officer iu writing, prior to final plat approval.32. A 10 foot wide maintenance easement shall be provided on both sides of all irrigation ditches.33. The Covenants and Design Guidelines shall -be-ameaded as follows.a) The Coveaaats shall be amended to indicate that the City of Bozemaa is a party to theCovenants, and any covenant contained therein as a condition of preliminary plan or platapproval and required by the City Commission may not be amended or revoked without themutual consent of the owners ia accordance •with the amendment procedures listed in thecovenants, and by the City ofBozemaa.SECTION I. RESIDENTI.^ LOTSb) Clarify Article IX, Section 9.4, Mowing Practices, to state that the Fire Chief shall becontacted by the Homeo\vner's Association regarding the need to mow in Type 1Management Areas for fu-e prevention. If not necessary, Type 1 Management Areas shallbe left in a natural, unmowed state.c) Add a statement to Article IX, Section 9.15 of the Covenants that requires the right-of-way (ban-ow pits) to be mowed and maintained by the homeo\vners and/or HomeownersAssociatioa, and that specifically states that the barrow ditches may not be filled.4tFINDINGS OF FACT AND ORDER -- SUNDANCE SPRINGS P.U.D.PAGE 17 *\s/r0d) Article IX, Section 9.15. Because aa alternative street standard was accepted, add asection which specifically discusses the malnteaaQce of the interior roadways '(e.g. sidewaLksaow removal along opea spaces, driveway and street intersectioa culverts, weed mo\ving,pothole patching, etc.).e) Page 28, Section 9.15. correct the spelling of "except" to "accept".f) Page 20, Section 10.4, Eliminate first seQtence regardmg determiaiag maximum roofheight, and just reference a 34 foot maximum beight.g) Page 20, Section 10.6, Foundation Design. Add reference to the lots bordering fhe openspace in Block 4 west of the open space area, with regard to the potential for these lotshaying hlgb ground water.h) Page 22, Correct spelling throughout Section 11.2.d, "eves" to "eaves".i) Page 24. Correct or eliminate drawing m Section 11.6.c regarding exposed concrete.j) Page 27. Amend the reference to oa-sb-eet parkiDg in Section 11.8 to delete the lastsentence regardmg the acceptableaess of parking temporary visitor's cars over-niglit oa thesfareet.k) Add the following to Section 12.7, page 29: All light fixftires sball be arrauged to deflectlight do\vn aad/or away from adjoimng properties and streets. Lighting fbctures mustincorporate cut-off shields to direct light dowrnward. Lurruaau-es sliall not be visible fromadjacent streets or properties. FLxtures should be compatible with arc'hitectural and sitedesign.1) Page 32. Section 12.15, Signs. Home occupation signs are Uinited to no more than twosq.ft. per the Sign Code. Correct to comply.m) Section 12.18, page 32. Add a statement that recommends the use of organic fertilizerinstead of chemical fertilizer, and that the fertilizer be applied when plants are active.n) Secrioa 12.18, page 32. Add to third sentence from. ead, that native bushes and trees maybe planted ia the rear yard setbacks ia addition to the fescue seed mLxes.o) Add a secrioa mformiug lot o\vners that an Elevation Certificate must be provided to theCity Engineer for each building withia the 100 year floodplaia following compledoa ofcoastructioa.p) Page 39. Add a paragraph regarding iastallatioa of sidewalks per the City policy.0FINDINGS OF FACT AND ORDER -- SUNDANCE SPRINGS P.U.D.PAGE 18 ' r)( SECTION II. NEIGHBORHOOD SERVICESa) Page 19, Secrion 9.4 Eluninate first sentence regarding determination of building height,and just reference a maxu-num 34 foot building height.b) Page 23, correct spelling throughout Section 10.2.d., "eavs" to "eaves".c) Page 26, Section 10.8. Clarify section regarding on-street parking per the CityComnussioa's decision oa street standards, to prohibit all parking of cars or other vehicleson the streets.0d) Page 27, Section 11.6; Exterior lighting. Add a sentence stating lights cannot be higherthan the height of the building or 20 feet, whichever is less. Add the following statement:. All ligbt fixtures shall be arranged to deflect light do\vn and/or away from adjoiningproperties and streets. Lighting fixtures must incorporate cut-off shields to direct lightdownward. Lumiaau-es shall not be \-isible from adjacent streets or properties. Fbchiresshould be compatible \vith architectural and site design.e) Section 11.14, page 29. Add a statement that recommends the use of organic fertilizerinstead of chemical fertilizer, and that the fertilizer be applied when plants are-active.f) Add a section regarding installation. of sidewalks per the City policy.g) Clarify Article XD, Section 12.4, Mo\viag Practices, to state that the Fire Chief shall becontacted regarding the need to mow in Type 1 Management Areas for fire prevearion. If ^not necessary, Type 1 Management Areas shall be left in a natural, unmowed state.h) Add a statement to Article XII, Section 12.15 ofths Covenants that requires the ri^ht-of-way (barrow pits) to be mowed and maintained by the homeowners aad./or Homeo\vnersAssociation, and that specifically states that barrow ditches may not be filled.i) Because an alternative street standard was accepted, add a section which specificallydiscusses the maintenance of the interior roadways (e.g. sidewalk snow removal along openspaces, driveway and street intersection culverts, weed mo\ving, pothole patching, etc.).j) Include a section which limits the hours of business for all uses within the neighborhoodservice lots to 7 a.m. through 9 p.m.34. The o\VTier shall sign a "Right ofEahy" form, or other similar document sarisfactoiy to the CityAttorney, .grating the City ofBozemaa access to all Opea Space areas of the subdivision, anddedicating aa easement(s) for public utility purjiosss, which would be limited to drilling a well orwells for drinking water supply, oa the final plat of the subdivision. The "Right of Entry" form shalldesignate that all wells shall be constructed so as to have a minimal visual impact.eFINDINGS OF FACT AND ORDER -- SUNDANCE SPRINGS P.U.D.PAGE 19 y35. The developer shall graat the City ofBozemaa the first right of refusal for the purchase of allor any portion of the 16 lots proposed along Sweet Water Drive, at the time that phase of thedevelopment is finalized. . •;36. The right to a use aad occupancy permit for the Zoning PUD shall be contingent upon thefulfilkneat of all general and special conditions imposed oa the Conditional Use Permit.. 37. All of the special coaditioas imposed by the City Commission shall constitute restrictionsninning with the land use and shall be binding upon the o\vaer of the laad, his successors or assigns.38. All of the special conditions required by the City Commission shall be consented to in writingby the applicant prior to final plan or plat approval. . -. .-• . •'•.-,.•' .'....':...:;.39. The Annexation Agreement for the property must be finally accepted by (he City Commissionand filed at the Clerk, and Recorder's Office prior to the approval of a fmal plan or plat for theproperty. . .40. Water rigbts or a cash-m-lieu fee'in an amount determmed by the Director of Public Serviceshall be provided prior to final plat approval. . . • . . .0The preliminary approval of this development shall be effective for three (3) years from thedate of adoption of this document by the City Commission. At the end of this period the CityCommissioa may, at the request of the subdivider, exteud its approval as indicated in Condirions2 and 4 of this document.DATED this 22nd day of January _,1996.BOZEMAN CITY COM^HSSIONBY:C/X, /'^^Z£^Don E. Stueck, Mayor0ATTEST:a'£.&Robin L. SullivanClerk of the CommissioaAPPROVED AS TO FORiM:Mi/ h/tUt^Paul J.jL-m^e ^City^ttomeyFINDINGS OF FACT AND ORDER -- SUNDANCE SPRINGS P.U.D.PAGE 20