HomeMy WebLinkAbout07- Preliminary Plat Review of Oak Meadows Subdivision
BEFORE THE BOZEMAN CITY COMMISSION
IN THE MATTER OF THE APPLICATION OF
BAM PROPERTIES LLC. FOR PRELIMINARY
PLA T REVIEW OF OAK MEADOWS SUBDIVISION, CITY
OF BOZEMAN, GALLATIN COUNTY, MONTANA
FINDINGS OF FACT
AND ORDER
PURSUANT to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-625,
Montana Codes Annotated, and the Bozeman Area Subdivision Regulations, public hearings were
scheduled, after notice given, before the Bozeman Planning Board on February 7, 2006, and before the
Bozeman City Commission on February 21 and 28, 2006, on the above-entitled application. The
applicant presented to the City Commission a proposed preliminary plat to subdivide 20:1: acres and
create fifty-two (52) residential lots, together with the required supplementary plans and information.
The purpose of the public hearing was to consider all relevant evidence relating to public health,
safety, and welfare, including the required environmental assessment and recommendation of the
Planning Board, to determine whether the plat should be approved, conditionally approved, or
disapproved.
It appeared to the City Commission that all parties and the public wishing to appear and
comment were given the opportunity to do so, and therefore, being fully advised of all matters having
come before it regarding this application, the City Commission makes the following Findings of Fact,
as required:
FINDINGS OF FACT
I.
The complete application for the preliminary subdivision plat reVIew of Oak Springs, a
residential major subdivision, was submitted to the City of Bozeman Department of Planning and
Community Development on November 29,2005. The preliminary subdivision plat, as proposed, will
subdivide 20:1: acres and create fifty-two (52) residential lots, dedicate approximately 2.8+ acres of
Oak Meadows Subdivision - Findings of Fact and Order
1
public parkland or cash-in-lieu of parkland, and construct City standard streets within dedicated public
rights-of-way. All lots will be served by City of Bozeman water and sanitary sewer services and
accessed by public streets with the extension the N. 14th Avenue, Juniper Street and connection to the
existing Oak Street. All interior local subdivision streets will be constructed to City street standards
within dedicated public rights-of-way.
II.
Notice of a public hearing before the City of Bozeman Planning Board and a public hearing
before the Bozeman City Commission was published in the Bozeman Daily Chronicle on January 22
and 29, 2005, and the notice was posted at the site and mailed by Certified mail, return receipt
requested, to all adjoining property owners.
III.
The City of Bozeman Planning Board heard the matter of preliminary subdivision plat review
of Oak Meadows Subdivision on February 7,2005.
The Planning Staff reviewed the project at that time and discussed the recommended conditions
of the Development Review Committee and local review agencies, street connectivity, mix of land
uses, restricted size lots, lot access, access to West Oak Street, public trail system and provisions for
dedicated parkland and open space.
The Planning Staff reported that no written public testimony on this matter was received as of
the public meeting before the Planning Board.
Bill Hanson, representing BAM Properties, discussed the design of the subdivision and the
reasoning behind the configuration of the parkland. Mr. Hanson stated they were in agreement with the
recommended conditions of approval as written.
I Oak Meadows Subdivision - Findings of Fact and Order
2
IV.
The Planning Board then opened the public meeting portion on said matter. After three calls
for public testimony, and after finding no public testimony on the matter of proposed subdivision the
Planning Board closed the public comment portion of the meeting.
V.
After reviewing the staff recommendation, hearing the applicant's presentation, hearing no
public testimony on the matter, and finding that the Preliminary Plat was properly submitted and
reviewed under the procedures of the City of Bozeman Unified Development Ordinance, the Bozeman
Zoning Ordinance, and the adopted growth policy, the Planning Board reviewed and considered the
facts against the criteria related in Title 76-3-608, M.C.A., 1999.
The Planning Board considered the recommended conditions prepared by Planning Staff and
Development Review Committee, and discussed the access to lots fronting on the proposed park,
extension of Huckleberry Drive to connect with N. 14th Avenue, and future use and development of the
lots in Blocks 4 and 5.
VI.
The Planning Board considered a motion to recommend approval of the subdivision with the
conditions recommended by staff. Upon a vote of 2 to 6 the Planning Board did not recommend
conditional approval to the Bozeman City Commission as set forth in Planning Resolution No. P-
05074.
VII.
The matter of preliminary plat review of Oak Springs Subdivision was considered at a public
hearing before the City Commission on Tuesday, February 21, 2006.
The Planning Staff reviewed the project at that time and forwarded the Planning Board's
recommendation as set forth in Planning Resolution No. P-05074. Planning Staff noted the receipt of
I Oak Meadows Subdivision - Findings of Fact and Order 3
7 letters of support for the project after the Planning Board hearing and indicated that the letters had
been provided to the City Commission.
Mr. Bill Hanson, representing the applicant, provided an overview of the proposed major
subdivision and discussed parkland, mix of residential land uses, affordable housing, street
improvements, and compliance with the regulations. James Nickleson, representing the application,
gave a description of the street layout and concerns on extending Huckleberry Drive. Steve Mill, one
of the members of BAM Properties, described the subdivision and their intentions in further
developing Blocks 4 and 5, as well as the lots fronting the park on Block 3. Bill Ainsworth discussed
the linear park and connections to it.
VIII.
The public hearing portion on this matter was then opened to hear public testimony on the
matter with four members of general public offering public testimony on the matter. Testimony was
received in favor of the subdivision from four members of the public citing compliance with City
goals, park connectivity throughout the subdivision, restricted size lots, higher densities, limiting
sprawl, and overall layout and alleys. After calling three times for public testimony, and receiving no
additional comments, the public hearing portion on this preliminary plat application was closed.
IX.
The City Commission then considered the minutes of the Planning Board, Resolution of the
Planning Board, Planning Office staff report, public record, public testimony both written and spoken,
the developer's testimony, and weighed the proposed subdivision against the primary criteria for
consideration of subdivisions established in Title 76-3-608, and found as follows:
76-3-608.3(3) M.C.A.
1) EFFECTS ON AGRICULTURE:
Historically, the subject property has been used for agricultural purposes. However, the limited
area of the subject property is not of substantial size to accommodate a viable farmstead. The
Oak Meadows Subdivision - Findings of Fact and Order
4
area is also identified for development as "Residential" on the Land Use Plan Element of the
Bozeman 2020 Community Plan and is considered a reasonable area for urban in fill for
residential development. The property has been annexed for eight years and is an expected
development area. Provision of space for urban density development in this location will
relieve development pressure on outlying areas with a greater likelihood of being viable farms
and this application therefore has a favorable effect on agriculture.
The proposed subdivision is adjacent to property to the east which remains in low intensity
agriculture, primarily grazing. The developer of the subdivision will be under the same
obligation as other landowners as set forth in state law when addressing agricultural fencing to
control livestock.
2) EFFECTS ON LOCAL SERVICES:
Access to municipal infrastructure and public services is available as discussed in the staff
report. However, the cost of extending infrastructure to the property will be the sole
responsibility of the developer. The City Engineer's Office has determined that adequate
capacity is generally available in the facilities plan for municipal water and sanitary sewer to
service the proposed subdivision. There are available water and sewer services for extension..
All street improvements will be constructed to acceptable City standards with curb, gutter,
pavement, boulevard sidewalks, and storm water facilities. West Oak Street shall be
constructed as an arterial streets as identified in the Bozeman 2020 Community Plan and
Greater Bozeman Area Transportation Plan, 200 1 Update. All arterial and collector streets
identified in the Impact Traffic Analysis and movements on intersection approach legs
designated as arterial or collectors will operate at a minimum Level of Service "C". The local
streets proposed will be constructed to acceptable City standards with curb, gutter, pavement,
boulevard sidewalks, and stormwater facilities. The local streets do not appear to have service
constraints. The extension of Juniper Street will help provide east to west connectivity which is
currently lacking. It was found to be desirable to continue Huckleberry Drive to intersect with
N. 14th Avenue and that the offset intersection with the private driveway in Walton Subdivision
was not material. Any remaining issues identified by the Development Review Committee are
addressed in the recommended conditions of approval provided by the City Engineer's Office.
3) EFFECTS ON NATURAL ENVIRONMENT
No significant physical or topographical features (i.e., water courses, wetlands, out croppings)
have been identified on said property. Groundwater quality will be protected by the installation
of municipal sanitary sewer services, and provisions have been included in the applicant's
submittal to address the control of noxious weeds, agricultural fencing and maintenance of park
land/open space
4) EFFECTS ON WILDLIFE AND WILDLIFE HABITAT
The historical use of the property for agricultural purposes has limited the potential for
development of significant areas of mature vegetation. The location of the property surrounded
by urban development has limited its value for wildlife habitat. No known endangered species
or critical game ranges have been identified on the proposed subdivision. The Department of
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5
Fish, Wildlife & Parks has not identified any impacts on wildlife and wildlife game range
habitat with this development proposal. Therefore, no significant effects on major wildlife
game and their habitat should occur as a result of the proposed mixed-use major subdivision.
5) EFFECTS ON PUBLIC HEALTH AND SAFETY
The Bozeman Development Review Committee (D.R.C.) reviewed the application for
Preliminary Plat review of the Oak Meadows Subdivision; and as result, has not identified any
significant impacts to the area's public health and safety that can not be mitigated with the
recommended conditions forwarded to the Planning Board and revised by the City
Commission. Because development of the property will include municipal sanitary sewer
services, the threat of groundwater degradation from on-site sewage disposal will be
eliminated. There are no known, unmitigated natural or man-made hazards on this property.
6) EFFECT ON AGRICULTURAL WATER USERS FACILITIES
The applicant notes in the Preliminary Plat application that no water user facilities are present
on the property and no downstream water user facilities will be impacted with subdivision of
the property. As a matter of existing state law it is required that the Oak Meadows Subdivision
will not interfere with any agricultural water user facility or irrigation ditches for downstream
water rights.
All subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, M.C.A., 1995
regardless of compliance with master plan status. As a result, the Planning Office has reviewed this
application against the listed criteria and further provides the following summary review:
76-3-608.3(b) M.C.A.
(i) - Compliance with survey requirements provided in Part 4 of the Montana Subdivision
and Platting Act.
Prior to filing of any plates) for this subdivision, said plats must comply with the survey
requirements in Part 4 of the Montana Subdivision and Platting Act and will be filed in the Gallatin
County Clerk & Recorder's Office upon review and approval by City staff.
(ii) - Compliance with the local subdivision regulations provided for in Part 5 of the Montana
Subdivision and Platting Act.
The Commission discussed the possible extension of Huckleberry Drive to connect with N. 14th
Avenue and the relationship of the park with the street extension. The submitted subdivision design
presented Lots 1-7, Block 3 as having front yards directly adjacent to the proposed park with no
physical separation.
Section 18.50.060, BMC establishes a requirement for street frontage on all sides of a public park.
The section also provides a mechanism for exceptions to the requirement and standards to be
applied when an exception is requested. The applicant asserted that the conditions warranting an
exception existed. The submitted subdivision design reflected the use of the exception. Section
18.44.090.B.2, BMC allows for a combination of alley and greenway access to meet the
Oak Meadows Subdivision - Findings of Fact and Order
6
requirement for legal and physical access of state law. Other means of providing access III
compliance with statute are also described.
The Staff recommended approval of the subdivision design as submitted with four recommended
conditions to address concerns of emergency service access. The Planning Board did not
recommend approval with a motion to approve failing 2-6 as described in the minutes of their
meeting. The City Commission considered Sections 18.44.090.B and 18.50.060, BMC along with
the remainder of the application and relevant standards. A motion was made to approve the
subdivision with Huckleberry Drive being extended to N. 14th Avenue and dropping conditions 6-
10 of the staff report, thus finding that the exception to 100% park street frontage were not met.
The motion tied 2-2, Commissioner Becker having abstained for possible conflict of interest. The
consideration of the subdivision was continued one week.
On February 28, 2006 the Commission again considered the application, Commissioner Kirchhoff
being absent from the continued hearing. Commissioner Becker had provided the necessary
materials to the Secretary of State declaring his possible conflict of interest. However, the City
having a duty to take action on the application and Commissioner Becker being needed to break the
tie vote, Commissioner Becker joined the remaining Commissioners in considering the application.
The motion was restated to approve the subdivision with conditions recommended by Staff with
the exception that Huckleberry Drive was to be extended to N. 14th Avenue and deleting conditions
6-10.
The final plat shall comply with the standards identified and referenced in the Unified
Development Ordinance. The applicant is advised that unmet code provisions, or code provisions
that are not specifically listed as a condition of approval, does not, in any way, create a waiver or
other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. The
following requirements are standards of the Bozeman Unified Development Ordinance and shall be
addressed with the final plat:
(a) Section 18.06.040 states that approval shall be in force for not more than three years
for major subdivisions.
(b) Section 18.42.050 requires utilities to be placed underground, wherever technically
and economically feasible.
(c) Section 18.42.060.B requires all utility easements to be noted on the Final Plat.
(d) Section 18.42.150.C.6 requires pathway intersection lighting (bollards) to comply
with City of Bozeman specifications including Section 18.42.150.C.7.
(e) The Lighting Plan shall reflect the standards outlined in Section 18.42.150. A
corrected plan shall be submitted for review and approval prior to the contracting,
creation of an SILD and installation of the lights.
(f) Section 18.74.030.B.3 states that prior to final plat approval, subdivision lighting
shall be installed, financially guaranteed or a SILD shall be created and the bonds
sold. If the subdivision lighting is financially guaranteed the lights shall be
I Oak Meadows Subdivision - Findings of Fact and Order
7
considered as part of the required street improvements and building permits shall not
be issued until the improvements are installed.
(g)
Section 18.42.180.C requires single-household restricted size lots to be a minimum
and a maximum of 5,000 square feet.
(h)
Section 18.48.070 requires the subdivider to install irrigation, sod and street trees on
all external streets and adjacent to public parks or other open spaces.
(i)
Section 18.50.080.B requires park boundaries to be delineated at the common
private/public comer pins, with flat, flexible fiberglass posts, a minimum of 6 feet in
length with no less than 2 feet driven into the ground.
(j)
Section 18.50.060, requires street frontage along 100% of a park. Huckleberry Drive
must be extended to N. 14th Avenue in order to comply with this standard.
(k)
Section 18.78.070.C states that a Memorandum of Understanding shall be entered
into by the Weed Control District and the subdivider for the control of county
declared noxious weeds and a copy provided to the Planning Department prior to
Final Plat approval.
(1)
Section 18.78.070.D requires a Final Park Plan to be submitted prior to Final Plat
approval. Four bound copies of the plan shall be submitted to the Planning Office for
review prior to installation of any improvements and prior to Final Plat approval.
The document shall address all of the criteria outlined in Section 18.78.060.P.
(m)
The sidewalks adjacent to dedicated parkland shall be a minimum of 6 feet in width
to accommodate City snow removal equipment.
(n)
Storm Water Master Plan:
A Stormwater Master Plan for the subdivision for a system designed to remove
solids, silt, oils, grease, and other pollutants from the runoff from the private and
public streets and all lots must be provided to and approved by the City Engineer.
The master plan must depict the maximum sized retention/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 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.
I Oak Meadows Subdivision - Findings of Fact and Order
8
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.
(0) 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.
(p) The location of and distinction between existing and proposed sewer and water mains
and all easements shall be clearly and accurately depicted on the plans and specs, as
well as all nearby fire hydrants and proposed fire hydrants.
(q) Any easements needed for the water and sewer main extensions shall be a minimum
of 30 feet in width. While the final location of the water and sewer mains will be
determined once the final street widths are approved, 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. Wherever water
and/or sewer mains are not located under or accessed from improved streets, a 12
foot wide all weather access drive shall be constructed above the utilities to provide
necessary access.
(r) Plans and Specifications for water and sewer main extensions, prepared and signed
by a Professional Engineer (PE) registered in the State of Montana shall be provided
to and approved by the City Engineer. Water and sewer plans shall also be approved
by the Montana Department of Environmental Quality. The applicant shall also
provide Professional Engineering services for Construction Inspection, Post-
Construction Certification, and preparation of mylar Record Drawings. Construction
shall not be initiated on the public infrastructure improvements until the plans and
specifications have been approved and a preconstruction conference has been
conducted.
No building permits shall be issued pnor to City acceptance of the required
infrastructure improvements.
(s) The location of the drive accesses on the adjacent properties shall be shown on the
Final Plat. The drive accesses (including the emergency drive access) shall either line
up with the existing accesses or provide the minimum distance per Section 18.44.090
D of the Unified Development Ordinance.
I Oak Meadows Subdivision - Findings of Fact and Order
9
(t) Any public street rights of way which are within the boundaries of this subdivision
and for which easements were provided with the Brunton Annexation Agreement
shall be dedicated to the City on the Final Plat for this subdivision. The applicant
shall also dedicate any public streets within the development.
(u) Street names must be approved by the City Engineer and county road office prior to
final plat approval.
(v) City standard curb, gutter and sidewalk shall be provided along all streets in the
subdivision. Per Chapter 18.44.080 of the Unified Development Ordinance,
sidewalks will be installed prior to occupancy of any individual lots.
(w) A schematic signage plan for the subdivision, noting any proposed traffic calming
measures, shall be provided with the design report for review and approval by the
City Engineer.
(x) All typical street sections, including sidewalk location within the right-of-way and
provisions for bicyclists shall be in conformance with the street standards
recommended in the Greater Bozeman Area Transportation Plan, 2001 Update,
unless otherwise approved by the City Commission, or by the City Engineer through
the plan and specification review and approval process.
(y) Oak Street, along the property boundary, shall be improved, as part of this
development, to one half of a principal arterial standard and shall match the section
built by Walton Subdivision. The east half of N. 14th Ave., shall be improved, as part
of this development, to one half of a local standard and shall match the section built
by Walton Subdivision. Juniper St. shall be improved, as part of this development, to
a local standard and shall match the section built by Walton Subdivision. Where one
half of a local street is being built 12 feet of pavement for the opposing lane of travel
shall be provided. City standard curb and gutter, and sidewalk will be required in the
standard location on the development's side of the street. 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.
(z) Plans and Specifications for streets and storm drainage facilities, prepared and signed
by a Professional Engineer (PE) registered in the State of Montana shall be provided
to and approved by the City Engineer. The applicant shall also provide Professional
Engineering services for Construction Inspection, Post-Construction Certification,
and preparation of mylar Record Drawings. Construction shall not be initiated on the
public infrastructure improvements until the plans and specifications have been
approved and a preconstruction conference has been conducted.
No building permits shall be issued prior to City acceptance of the required
infrastructure improvements.
(aa) The location of mailboxes shall be coordinated with the City Engineering Department
prior to their installation.
I Oak Meadows Subdivision - Findings of Fact and Order
10
(bb) The Montana Department of 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 plan and specification approval.
(cc) If construction activities related to the project result in the disturbance of more than 1
acre of natural ground, an erosion/sediment control plan may be required. The
Montana Department of Environmental Quality may need to be contacted by the
Applicant to determine if a Stormwater Discharge Permit is necessary. If a permit is
required by the State, the Developer shall demonstrate to the City full permit
compliance.
(dd) The applicant shall submit a construction route map dictating how materials and
heavy equipment will travel to and from the site in accordance with section
18.74.020.A.l of the Unified Development Ordinance. This shall be submitted as
part of the final site plan for site developments, or with the infrastructure plans for
subdivisions. It shall be the responsibility of the applicant to ensure that the
construction traffic follows the approved routes.
(ee) All construction activities shall comply with section 18.74.020.A.2. of the Unified
Development Ordinance. This shall include routine cleaning/sweeping of material
that is dragged to adjacent streets. The City may require a guarantee as allowed for
under this section at any time during the construction to ensure any damages or
cleaning that are required are complete. The developer shall be responsible to
reimburse the City for all costs associated with the work if it becomes necessary for
the City to correct any problems that are identified.
(iii) - Compliance with the local subdivision review procedures provided in Part 6 of the
Montana Subdivision and Platting Act.
The public hearing before the Planning Board and public hearing before the City Commission have
been properly noticed, as required by the Bozeman Unified Development Ordinance. The notice
was mailed to all adjoining property owners by certified mail, mailed by first class mail to all
owners within 200 feet who were not immediately adjacent to the subject parcel, and noticed in the
Bozeman Daily Chronicle. Based on the recommendation of the D.R.C. and other applicable
review agencies, public testimony received on the matter, and consideration of the adopted growth
policy and subdivision regulations, the Bozeman Planning Board forwarded a recommendation in a
Resolution to the Bozeman City Commission who made the final decision on the applicant's
request.
76-3-608.3(c) M.C.A.
(c) - Provision for easements for the location and installation of any planned utilities.
All utilities and necessary utility easements will be provided and depicted accordingly on the
final plat for each phase.
I Oak Meadows Subdivision - Findings of Fact and Order
11
76-3-608.3.(d) M.C.A.
(d) - Provisions of legal and physical access to each parcel.
All lots within the major subdivision will have direct access onto dedicated public
streets.
x.
After considering all matters of record presented at the public hearings, the City Commission
found that the proposed preliminary plat for Oak Meadows Subdivision to subdivide 20:1: acres and
create 52 residential lots, would comply with the requirements of the Bozeman Area Subdivision
Regulations and the Montana Subdivision and Platting Act if certain conditions were imposed and
compliance with specified adopted City standards was provided.
ORDER
IT IS HEREBY ORDERED, on a vote of 3-2, that the Preliminary Subdivision Plat to
subdivide 20:1: acres and 52 residential lots to be known as Oak Meadows Subdivision has been found
to meet the primary criteria of the Montana Subdivision and Platting Act, Bozeman 2020 Community
Plan, and Bozeman Unified Development Ordinance and is therefore approved, subject to the
conditions listed below and correction of code deficiencies noted in these findings. The evidence as
stated in the Findings of Fact, justifies the conditions imposed on the subdivision to ensure that the
final plat complies with all applicable regulations, and all required criteria, that appropriate and safe
vehicular and pedestrian circulation is provided, adequate infrastructure and public servIces are
provided, and adequate public access, utility easements, and rights-of-way are provided.
This City Commission order may be appealed by bringing an action in the Eighteenth District
court of Gallatin County, within 30 days after the adoption of this document by the City Commission,
by following the procedures of Section 76-3-625, M.C.A.
1. The applicant shall comply with all provisions of the Bozeman Municipal Code, which are
applicable to this project. The applicant is advised that unmet code provisions, or code provisions
I Oak Meadows Subdivision - Findings of Fact and Order
12
that are not specifically listed, does not, in any way, create a waiver or other relaxation of the
lawful requirements of the Bozeman Municipal Code or state law.
2. Buildings proposed for construction with crawl spaces or basements shall include Engineer
Certification regarding depth of ground water and soil conditions and proposed mitigation methods
to be submitted with each Building Permit. The final plat shall include a notation that due to high
ground water conditions full or partial basements are not recommended.
3. Cash in lieu of water rights, as calculated by the Director of Public Service, is due with the final
plat.
4. The landscaping required within the 50 foot Class I Entryway Corridor, as outlined in the Design
Objectives Plan, shall be installed by the subdivider prior to Final Plat or financially guaranteed.
5. The storm water detention/retention facilities shall be designed to occupy less than 1/3 of the 50
foot Class I Entryway Corridor setback and in an organic form designed as a landscape feature.
6. All right of way and parking lot area shall be deducted from the total parkland dedication. These
areas shall not be dedicated on the Final Plat.
7. The Home Owners Association shall be responsible for maintenance of the park, park fixtures,
trails, etc., until such time that a Park Maintenance District or similar form of funding is
established.
8. That the applicant execute at the Gallatin County Clerk & Recorder's Office a waiver of right-to-
protest creation of a SID for a City-wide Park Maintenance District, which would provide a
mechanism for the fair and equitable assessment of maintenance costs for City parks as part of the
Final Plat submittal.
9. A plat note shall indicate that any future non-residential development on Lot 1, Block 4 or Lot 1,
Block 5 will require PUD review and approval.
10. Light fixtures adjacent to fire hydrants shall be installed with a minimum 5 foot separation.
11. This subdivision is in the payback district for the water main and sewer main in N. 14th Ave and for
the east portion of the N. 14th Ave. street improvements. Payment of the payback is due prior to
Final Plat approval.
12. Engineering staff does not support the requested deviation to initially allow full access for Lilac
Avenue and in the future to restrict it to partial access. Instead, Lilac A venue is to be limited to a
partial access with a traffic control island to restrict access to right in - right out only.
13. A detailed Traffic Impact Study for the Oak Meadows Subdivision ha'S. ,be'€i1 provided to and
reviewed by the City Engineer's office. Additional information is nee~d.'piiOi- .t9 approval of the
improvements. The Traffic Impact Study shall also provide recommen(1ations fcir-tnitigation of the
levels of service \~ss than D at the intersections of Oak Street and ~o~-=~h:~venue and Oak
Street and North 7 Avenue. "," ",=,=-:..:,~;; J'-
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I Oak Meadows Subdivision - Findings of Fact and Order 13
14. No direct access from single family or duplex lots to Oak Street will be approved.
15. If not provided already for the entire subdivision, the applicant shall provide and file with the
County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special
Improvement Districts (SID's) for the following:
a. Street improvements to Oak Street; including but not limited to paving, curb and gutter,
sidewalk, and storm drainage improvements.
b. Signalization of the intersection of Oak Street and North 19th Avenue.
c. Signalization of the intersection of Oak Street and North 15th Avenue.
d. Signalization of the intersection of Oak Street and North 14th Avenue.
e. Signalization of the intersection of Oak Street and North ih A venue.
The document filed shall specify that in the event an SID 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.
The preliminary approval of this subdivision shall be effective for three (3) years from the date of
Preliminary Plat approval, July 5, 2008. At the end of this period the City Commission may, at the
request of the subdivider, extend its approval for not more than one (1) calendar year. However,
preliminary approval may be extended for more than one (1) calendar year if the developer enters into,
and secures, an Improvements Agreement for the Subdivision.
DATED this 5th day of March 2007.
BOZEMAN CITY COMMISSION
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ATTEST:
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Oak Meadows Subdivision - Findings of Fact and Order