HomeMy WebLinkAbout07- PT Land Major Subdivision
BEFORE THE BOZEMAN CITY COMMISSION
GALLATIN COUNTY, MONTANA
IN THE MATTER OF THE APPLICATION PT LAND (JERRY
PERKINS), OWNER(S), FOR PRELIMINARY APPROVAL OF THE
PLA T OF PT LAND PUD MAJOR SUBDIVISION
FINDINGS
OF FACT
AND ORDER
This matter came before the Bozeman City Commission on December 11, 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
Mun,icipal Code. The applicant/owner presented to the Commission a proposed Preliminary Plat to
subdivide - 47 acres into - 18 lots for commercial use, roads and open space, as submitted in its
original form on September 15,2006, (#P-06057). The Commission held a public hearing on the
preliminary plat and considered all relevant evidence relating to the public health, safety, and
welfare, including the recommendation of the planning board, to determine whether the plat should
be approved, conditionally approved, or disapproved.
It appeared to the Commission that all parties wishing to appear and comment were given the
opportunity to do so, and therefore, being fully advised of all matters having come before it regarding
this application, the Commission makes the following Findings of Fact, as required:
FINDINGS OF FACT
I.
On September 15, 2006, the applicant! owner, PT Land, Jerry Perkins, 511 North Wallace
Avenue, Bozeman, MT 59715-5757, submitted an application for approval to subdivide the Plat of
PT Land PUD Subdivision, a major subdivision to develop - 16 commercial lots, 2 open space lots,
and roads, on - 47 acres of property zoned B-2 (Community Business DistriCp.
This project is also undergoing concurrent review for a commercial PUD preliminary plan
with American Federal Savings Bank is the initial phase of the PUD. In conjunction with the PUD
preliminary plan, the applicant requested relaxation of standards in the Title 18 of the Bozeman
Municipal Code for the following sections:
1) ~ 18.44.080.A General, to not build a sidewalk on the north side of Baxter Lane.
2) ~18.44.080.A General, to build a lO-foot asphalt trail instead of a sidewalk on the south side of
Baxter Lane.
3) ~ 18.44.060 Street Improvement Standards, to build North 15th Avenue between Oak Street and
Tschache Lane to a 65-foot wide collector standard instead of a 90-foot collector standard.
4) ~18.44.060 Street Improvement Standards, to build North 15th Avenue between Patrick Street
and Tschache Lane without a sidewalk on the west side.
5) ~ 18.44 Transportation Facilities and Access, to not construct a planned collector street (North
15th Avenue) from Tschache Lane to Baxter Lane and to allow construction of a 30-foot wide
private drive to serve as the connection between Tschache Lane to Baxter Lane.
6) ~18.44.01O.E. Dead-End Streets, to terminate Tschache Lane in a dead-end near the west
property line.
7) ~ 18.42.040.B. Block Length, to allow blocks of more than 400 feet in length due to topography,
the presence of critical lands, and access control.
8) ~18.42.040.B. Block Length, to allow Block 4 to exceed 1,320 feet in length.
9) ~ 18.42.040.C. Block Width, to allow blocks of more than 400 feet in width to overcome specific
disadvantages of topography and orientation.
1 0) ~ 18.42.040.D. Rights-Of-Way for Pedestrians, to not provide a right -of-way with pedestrian walk
in Block 3 to divide a continuous block length in excess of 600 feet.
11) ~18.42.100.B.6.a. Watercourse Setback, to permit on-site stormwater treatment facilities to be
located in Zone 1.
12) ~18.42.100.B.3.c. Watercourse Setback, to reduce the watercourse setback from 50 to 35 feet
along the Walton StreamlDitch south of Tschache Lane.
The property is legally described as Tract 2A COS 1215F, and located in Section 1, T2S,
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.
m.
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 October 27, 2006. Notice of the time
and date of the public hearings was published in the Bozeman Daily Chronicle on October 29, 2006
and November 5, 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 November
21, 2006. The Planning Board found that the application was properly submitted and reviewed under
PT Land PUD Major Subdivision, P06057: Findings of Fact
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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 of the public spoke about
trail connections in the area. There was no other comment from the general public. Receiving no
response, the Board closed the public hearing. The Board discussed the requested relaxations. 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 of 6 to 0, recommends to the Bozeman City Commission that "g) Intersection improvements
at Oak Street and North 15th Avenue" be added to Condition #14. The Board, on a vote 5 to I,
recommends to the Bozeman City Commission that Condition #4 be amended to say "no closer than
~ 50 feet to the ordinary high water mark. 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 Conditions #4 and #14 as amended by Planning Board, passed on a
vote of 6 in favor and 0 in opposition. This motion forwards a recommendation of denial of
relaxations #2, #4, #5, #8, and #10.
IV.
At its December 11, 2006, public hearing and prior to hearing the subdivision preliminary
plat application, the Bozeman City Commission voted, 5-0 to conditionally approve the PT Land
PUD Preliminary Plan. This decision approves relaxations #1, #3, #9, #11, #12 and denies
relaxations #2, #4, #5, #6, #7, #8, and #10.
The subdivision preliminary plat application was considered by the Bozeman City
Commission at its regular meeting on December 11,2006, at which time the recommendation of the
Planning Board, presented in Planning Board Resolution # P-06057, and information compiled by
City staff was reviewed.
The applicant made a formal presentation in favor of the requested subdivision. The applicant
objected to the new PUD requirement for Block 3 to include a north/south public street from Patrick
Street to Tschache Lane and Block 1 to include an east/west public street from North 14th Avenue to
North 15th Avenue. The applicant requested that Condition #26 be changed from 45' to 42'. In
addition, the applicant requested that Condition #29 be omitted and a Waivers of Right to Protest
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Creation of S.I.D. 's for intersection improvements at Oak Street and North 19th be required instead.
A member of the applicant's design team spoke in opposition to the new PUD requirement
for Block 3 to include a north/south public street from Patrick Street to Tschache Lane and Block 1
to include an east/west public street from North 14th Avenue to North 15th Avenue. The reasons
included the cost of the improvements, the project is design in a planned efficient manner, and
therefore, the streets are not needed.
One member of the general public questioned the protection of the watercourses from the
sewer system and storm water drainage.
The Commission discussed the justification for the additional streets to improve the
connectivity and the efficiency of the connectivity, and to bring the connectivity into compliance
with the Bozeman Municipal Code.
The Commission discussed the improvements required to intersections.
The Commission discussed the responsibility for Level of Standard improvements to the
intersection of Oak Street and North 19th.
The Commission moved and seconded to approve application with the conditions of approval
in the staff report and amended in the staff memo with the change to condition #26 as requested by
the applicant, the change to condition #29 as requested by the applicant "Unless currently filed with
the property, the applicant is advised executed Waivers of Right to Protest Creation of S.I.D.'s shall
be provided and filed with the County Clerk and Recorder's office for intersection improvements at
Oak Street and North 19th.", and with new condition #37 "The applicant shall incorporate changes
required by the conditional approval of the Conditional Use Permit for the PT Land Planned Unit
Development Preliminary Plan.". The Commission moved and seconded to reinsert the original
condition #29, the motion passed.
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
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parcel in cultivated crops or pastureland.
2. Effects on Agricultural Water User Facilities.
Mandeville Creek parallels North II th Avenue adjacent to the eastern property line and
Walton's StreamlDitch runs along the west property line. Walton's Stream/Ditch is the result
of Walton's Ditch and Farmer's Canal merging to the west of the intersection of North 15th
A venue and West Oak Street. Walton's StreamlDitch flows north under 1-90 and converges
with Mandeville Creek. Mandeville Creek is tributary to the East Gallatin River.
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 Baxter Lane, West Oak Street,
North 15th Avenue, North 11th Avenue and the proposed interior streets.
4. Effects on the Natural Environment.
Detailed information regarding stormwater management is addressed in the "Preliminary
Grading and Drainage Plan" provided to the Engineering Department for review, and located
in Appendix L. Applicant has entered into an agreement for a Noxious Weed Management
and Revegetation Plan with the Gallatin County Weed Board found in Appendix E.
5. Effects on Wildlife and Wildlife Habitat.
Due to its historical uses and the development of surrounding lands, no significant adverse
effects on wildlife or their habitat have been identified 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, unmitigated natural or man-made hazards on this property.
B. Compliance with the following:
1. The survey requirements provided for in Part 4 of the Montana Subdivision and
Platting Act.
The subdivision complies or will comply with survey requirements of the Act.
2. The local subdivision regulations provided for in Part 5 of the Montana Subdivision
and Platting Act.
The final plat shall comply with the standards identified and referenced in the Title 18 of 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 Title 18 of the Bozeman
Municipal Code and shall be addressed on the final plat:
PT Land PUD Major Subdivision, P06057: Findings of Fact
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a. Per ~ 18.42.150 of the BMC, street light support structures shall not exceed 25 feet on
local streets and are only required at street and pedestrian intersections. Additional
information on the street lighting (cut sheets, etc.) is required to demonstrate
compliance with the BMC.
b. Per ~ 18.50.090 of the BMC, executed waivers of right to protest creation of special
improvement districts (SIDs) for a park maintenance district shall be executed and
submitted with the final plat to be filed with the Gallatin County Clerk and Recorder
at the time of final plat recordation.
c. Covenants, restrictions, and articles of incorporation for the creation of a property
owners' association shall be submitted with the final plat application for review and
approval by the Planning Office and shall contain, but not be limited to, provisions
for assessment, maintenance, repair and upkeep of common open space areas, public
parkland/open space corridors, stormwater facilities, public trails, snow removal, and
other areas common to the association pursuant to Chapter 18.72 of the Bozeman
Municipal Code.
. These documents shall include a common area and facility maintenance plan and
guarantee for the permanent care and maintenance of open spaces, recreational
areas, and stormwater facilities in accordance with Chapter 18.72 or the Bozeman
Municipal Code.
. These documents shall be submitted to the city attorney and shall not be accepted
by the city until approved as to legal form and effect. A draft of these documents
must be submitted for review and approval by the Planning Department at least
45 working days prior to filing and recordation with the Gallatin County Clerk
and Recorder.
. These documents shall be executed and submitted with the final plat to be filed
with the Gallatin County Clerk and Recorder at the time of final plat recordation.
d. 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.
e. Pursuant to ~ 18.06.040.D.6 of the BMC, 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
PT Land PUD Major Subdivision, P06057: Findings of Fact
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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 of the BMC.
f. If it is the developer's intent to file the plat prior to installation, certification, and
acceptance of all required improvements by the City of Bozeman, an Improvements
Agreement shall be entered into with the City of Bozeman guaranteeing the
completion of all improvements in accordance with the Preliminary Plat submittal
information and conditions of approval. If the Final Plat is filed prior to the
installation of all improvements, the developer shall supply the City of Bozeman with
an acceptable method of security equal to 150% of the cost of the remaining
improvements.
g. The applicant shall submit with the application for Final Plat review and approval, a
written narrative stating how each of the conditions of preliminary plat approval has
been satisfactorily addressed.
3. The local subdivision review procedure provided for in Part 6 of the Montana
Subdivision and Platting Act.
The hearings before the Planning Board and the City Commission have been properly
noticed, as required in the Bozeman Municipal Code. The notice was mailed to all adjoining
property owners by certified mail on October 27, 2006. The proposed project was noticed in
the Bozeman Daily Chronicle on October 29,2006 and November 5, 2006.
C. The provision of easements for the location and installation of any planned utilities.
All utilities and necessary utility easements will be provided and depicted on the final plat.
D. The provision of legal and physical access to each parcel within the subdivision and the
required notation of that access on the applicable plat and any instrument of transfer
concerning the parcel.
All lots within the subdivision will have direct access to the dedicated public streets.
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.
PT Land PUD Major Subdivision, P06057: Findings of Fact
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THEREFORE, IT IS HEREBY ORDERED that the Preliminary Subdivision Plat ofthe PT
Land PUD Subdivision, for PT Land (Jerry Perkins), be approved subject to the following
conditions:
1. The watercourse setback along the Walton StreamlDitch south of Tschache Lane shall be 50 feet.
If a minor reduction is necessary to due to road design geometries to facilitate the taper angle
required between the existing right -of-way alignment of North 15th A venue and the continuation
of the right-of-way of North 15th Avenue to achieve a watercourse setback of 50 feet, the
watercourse setback for that portion only may be reduced to not less than 35 feet for the
minimum distance required to achieved the realignment.
2. A right of way, not less than 10 feet wide, for a city standard sidewalk, is required mid-block in
Block 3 to divide a continuous block length in excess of 600 feet in accordance with
~ 18.42.040.D. Rights-Of-Way for Pedestrians.
3. A Concurrent Construction Plan, for an approved lot-specific final site plan, addressing all
requirements of 18.74.030.D, shall be submitted for review and approval of the Planning
Director with a recommendation from the Development Review Committee.
4. Storm water retention/detention facilities may be located in Zone 1 of the watercourse setback if
located no closer than 50 feet to the ordinary high water mark of the watercourse. The storm
water retention/detention ponds shall be designed as landscape amenities. They shall be an
organie water feature with a natural, curvilinear shape. The ponds shall have 75 percent of
surface area covered with live vegetation, and be lined with native grasses, indigenous plants,
wet root tolerant plant types and groupings of boulders to create a functional yet, natural site
feature. A cross section and landscape detail of each pond shall be submitted with the final
landscape plan for review and approval. (As amended by City Commission.)
5. Covenants shall address the requirements for street trees, a COB planting permit for street trees
and obtaining utility locates before any excavation begins in the COB right of way.
6. Water rights, or cash-in-lieu thereof, as calculated by the City Engineer, is due with the final plat.
7. The open space shall be titled "Open Space, Public Access". Notes shall be included on the plat
describing ownership and maintenance responsibility for the open space, e.g.: open space, public
access, owned by the property owners association, maintained by the property owners
association, etc.
8. 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.
9. Buildings proposed for construction with crawl spaces or basements shall include Engineer
Certification regarding depth of ground water and soil conditions and proposed mitigation
PT Land PUD Major Subdivision, P06057: Findings of Fact
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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.
10. 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.
II. The remainder of each phase of the subdivision shall be platted as an undevelopable tract in
accordance with ~18.74.080.B.6, BMC, with the following language placed on the face of the
final plat. No public improvements shall be required for the undevelopable tract until it is
subdivided as a lot which is not subject to this restriction.
NOTICE IS HEREBY GIVEN to all potential purchasers of Tract X of XXXXX Subdivision
Phase X, City of Bozeman, Gallatin County, Montana, that the final plat of the subdivision was
approved by the Bozeman City Commission without completion of on and off-site improvements
required under the Bozeman Municipal Code, as is allowed in Chapter 18.74 of the Bozeman
Municipal Code.
As such, this Restriction is filed with the final plat that stipulates that any use of this lot is
subject to further subdivision, and no development of this lot shall occur until all on and off-site
improvements are completed as required under the Bozeman Municipal Code.
THEREFORE, BE ADVISED, that Building Permits will not be issued for Tract X of XXXXX
Subdivision Phase X City of Bozeman, Gallatin County, Montana until all required on and off-
site improvements are completed and accepted by the City of Bozeman. No building or structure
requiring water or sewer facilities shall be utilized on this lot until this restriction is lifted. This
restriction runs with the land and is revocable only by further subdivision or the written consent
of the City of Bozeman. (As amended by City Commission.)
12. 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.
Engineering Conditions:
13. This proposed Subdivision is located within the following payback districts:
. Hampton Inn Sewer Payback
. Baxter Lane and North 19th Signal Payback
. Tange LLC Water Payback
Unless previously filed with the property, the applicant will make all payments necessary prior to
each phase.
PT Land PUD Major Subdivision, P06057: Findings of Fact
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14. Unless currently filed with the property, the applicant is advised executed Waivers of Right to
Protest Creation of S.lD.'s shall be provided and filed with the County Clerk and Recorder's
office for the following:
a) Intersection improvements at Oak Street and North 7th.
b) Intersection improvements at Oak Street and North 19th.
c) Intersection improvements at Baxter Lane and North 19th.
d) Intersection improvements at Tscache Lane and North 19th.
e) Street improvements to Oak Street including paving, curb/gutter, sidewalk, and storm
drainage (unless currently filed with the property).
f) Street improvements to Baxter Lane including paving, curb/gutter, sidewalk, and storm
drainage (unless currently filed with the property).
g) Intersection improvements at Oak Street and North 15th Avenue. (As amended by City
Commission.)
The document filed shall specify state that in the event an S.lD. is not utilized for the completion
of these improvements, the developer agrees to participate in an alternate financing method for
the completion of said improvements on a fair share, proportionate basis as determined by square
footage of property, taxable valuation of the property, traffic contribution from the development
or a combination thereof.
15. Proposed phasing shall be depicted on the preliminary plan. The full extent of all proposed
infrastructure improvements required for each phase shall also be clearly indicated on the final
plan submittal. No building permits shall be issued prior to City acceptance of the required
infrastructure improvements unless all of the requirements of ~ 18.7 4.030.D are met to allow for
concurrent construction. Phases shall be numbered in the order in which they are to be built. All
concurrent construction requirements shall be met or substantial completion of all public
infrastructure shall be accepted prior to the issuance of building permits at each phase.
16. Access to Lots 1 and 2 of Block 2, Lots 1,2, and 3 of Block 1 from North 15th Ave, and access
to Lots 1 and 6 of Block 3 from North 11th Ave shall use shared accesses. A one foot no access
stripe will be required for the lengths of any proposed lots fronting North 15th or North 11th,
excluding the locations of any shared accesses. In addition, all separation requirements outlined
in the ~ 18.44.090 of the Bozeman Municipal Code shall be met. If access cannot be achieved
within the parameters of the Bozeman Municipal Code the applicant may apply for a deviation.
The procedure for applying for an access deviation is outlined in ~ 18.44.090.H.3 of the Bozeman
Municipal Code.
17. Stormwater Master Plan:
A Stormwater Master Plan for the subdivision for a system designed to remove solids, silt, oils,
grease, and other pollutants from the runoff from the private and public streets and all lots must
be provided to and approved by the City Engineer.
The master plan must depict the maximum sized retention/detention basin location, and locate
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
PT Land PUD Major Subdivision, P06057: Findings of Fact
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information (particularly for the basin sites, drainage ways, and lot finished grades), typical
stormwater retention/detention basin and discharge structure details, basin sizing calculations,
and a stormwater maintenance plan.
Any stormwater ponds located within park or open space shall be designed and constructed so as
to be conducive to the normal use and maintenance of the park or open space. Storm water ponds
shall not be located on private lots.
Detailed review of the final grading and drainage plan and approval by the City Engineer will be
required as part of the infrastructure plan and specification review process.
Currently, there exists a temporary storm drainage easement on this property for several
adjoining streets and a neighboring lot. Prior to development an adequate permanent drainage
plan must be submitted and approved by the City Engineer, and any easements for the temporary
ponds must be properly vacated. The preliminary storm water plan submitted with the PUD
application does not address the runoff that is currently coming from the adjoining lots and street
frontage.
18. The location of and distinction between existing and proposed sewer and water mains and all
easements shall be clearly and accurately depicted, as well as all nearby existing and proposed
fire hydrants. The location of the newly installed Pressure Relief Valve along 11 th Avenue must
be shown on the plans.
19. The Developer's engineer will be required to prepare a comprehensive design report evaluating
existing capacity of water and sewer utilities which must be provided to and approved by the
City Engineer. The report must include hydraulic evaluations of each utility for both existing and
post -development demands. The report findings must demonstrate adequate capacity to serve the
full development. The report must also identify the proposed phasing of water and sewer
construction.
If adequate water and/or sewer capacity is not available for full development, the report must
identify necessary water system and sewer system improvements required for full development.
The Developer will be responsible to complete the necessary system improvements to serve the
full development.
20. It should be noted that this site is located in an area of high water pressure. The design of the
water infrastructure will need to account for this high pressure. The installation of a pressure
reducing valve(s) (PRV) will be required. The location and the number of required PRY's will
be determined during the infrastructure design phase.
21. Easements needed for the water and sewer main extensions shall be a minimum of 30 feet in
width, with the utility located in the center of the easement. In no case shall the utility be less
than 10 feet from the edge of the easement. All necessary easements shall be provided prior to
Final plat approval and shall be shown on the plat.
PT Land PUD Major Subdivision, P06057: Findings of Fact
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22. All water main extensions of more than 500 feet required for any phase of the development shall
be fully looped. Water and sewer mains shall be extended to the property lines to adequately
accommodate future extensions and/or looping.
23. City Standard curb, gutter and sidewalk shall be provided along all streets in the subdivision,
unless otherwise noted. Streets within the subdivision will be City standard width. Detailed
review of the street and intersection design and approval by the City Engineer will be required as
part of the infrastructure plan and specification review process.
24. Tschache Lane must be extended the entire length of the subdivision, so as to connect North 15th
Ave. to North 11th Ave.
25. The applicant shall submit an agreement executed with the adjoining property owner prior to
final plat approval of Phase I regarding completion of the Tschache Lane crossing of the Walton
Stream Ditch.. Improvements can be financially guaranteed in accordance with Chapter 18.74,
BMC. The full width of both 15th and Tschache must be constructed so that they meet at a full
standard intersection. (As amended by City Commission.)
26. North 15th Ave., or a comparable collector standard public street, must be extended to the north
so as to connect Oak Street to Baxter Lane. All wetlands regulations and stream setbacks must
be abided by when considering the alignment of these roads. All alignments and designs of these
roads must be reviewed and approved by the city engineering department. This street section
must include a back of curb to back of curb width of a minimum of 42', bike lanes, and
sidewalks on both sides. (As amended by City Commission.)
27. All street names must be approved by the Gallatin County Road Office and City Engineering
Department prior to preliminary plat and final plat approval.
28. The traffic study submitted indicates that North 11th Avenue and North 15th Avenue currently
have Level of Services (LOS) below a D. ~ 18.44.060.D of the Bozeman Municipal Code states
"Street and intersection level of service "c" shall be the design and operational objective, and
under no conditions will less than level of service "D" be accepted. The LOS for these
intersections must be corrected prior to the issuance of building permits for any of this
development.
29. The traffic study submitted indicates that the intersection of Oak and N. 19th operates at a level
of service below a D. Since the traffic study was performed the intersection has had
improvements. Please reevaluate the intersection to confirm that intersection operates at or above
a LOS of D at all times. If the intersection remains at a LOS below a D the developer will be
required to make improvements to the intersection to correct the LOS.
30. Any public street rights of way for which easements have been provided shall be dedicated to the
City on the preliminary Plat for this subdivision.
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31. A 10 foot wide asphalt pathway must be installed the length of the lot on the south side of the
property along Oak Street. This pathway must provide ADA approved access the entire length of
the lot.
32. The full width of Baxter Lane that fronts this proposed subdivision shall be improved to meet all
current collector standards. This includes but not limited to pavement, curb and gutter, and all
necessary signage and striping. The typical section used for the Baxter Lane improvements
should match the typical section used at the Lowe's Subdivision directly west of this
development.
33. With the improvements to Baxter the developer will install sidewalk on the north side of the
street from the end of the existing sidewalk west of this development to N. 15th, where a
pedestrian -~!o'SS.W:8:1k will be installed. The developer shall install the crosswalk with adequate
signage, 8ir1p!ng;~n,cL!ighting such that the intersection will provide safe passage for pedestrians.
With insta1h~ti~:1hfs_ crosswalk the existing mid-block crosswalk west of this development
w~ll ~_~?!e/~; __,
~ ._ a"'-:''' "-
34. If constrl1CiiO'~y'itie~ related to the project result in the disturbance of more than 1 acre of
natural ground, an,efo:SlonJsediment control plan may be required. The Montana Department of
Environmerttal:-QUaIity may need to be contacted by the Applicant to determine if a Stormwater
Discharge' Perinft is necessary. If a permit is required by the State, the Developer shall
demonstrate to the City full permit compliance.
35. 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
permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to final approval.
36. A 10-foot wide concrete shared use boulevard sidewalk/path shall be constructed on the north
side of Tschache Lane. It is preferable that this sidewalk meander similar to the design on the
property to the west. A public access easement shall be provided for areas where the sidewalk
meanders outside of the public right-of-way. (As added by City Commission.)
37. The applicant shall incorporate changes required by the conditional approval of the Conditional
Use Permit for the PT Land Planned Unit Development Preliminary Plan. (As added by City
Commission. )
This City Commission order may be appealed by bringing an action in the Eighteenth District
Court of Gallatin County, within 30 days after the adoption of these Findings by the City
Commission, by following the procedures of Section 76-3-625, M.C.A. Pursuant to Section
18.06.040.D.6 ofthe Bozeman Municipal Code, conditional approval ofthe 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
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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 8th day of January, 2007.
BOZEMAN CITY COMMISSION
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