HomeMy WebLinkAbout07- Diamond Estates Subdivision No. 2 Phase II and III Findings of Fact and Order
BEFORE THE BOZEMAN CITY COMMISSION
IN THE MATTER OF THE APPLICATION OF
DOUGLAS L. SMITH FOR PRELIMINARY PLAT
REVIEW OF DIAMOND ESTATES SUBDIVISION
NO.2, PHASE II & III, 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,
lvlontana Cocks j\nnotated, ;lnd the City of Bozeman Unified Development Ordinance, pubhc hearings
were scheduled, after notice given, before the Bozeman Phnning Board on January 18, 2006, and before
the Bozeman City Comrnission on rebmary 6, 2006, on the above-entitled ilpplication. The applicant
presented to the City Commission a proposed preliminary subdivision plat to divide 82.190i: anes with an
SO-acre remainder and create 182 residential lots with 21 acres of dedicated parkland/open space. 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 requlred:
FINDINGS OF FACT
I.
The complete application for the preliminary subdiviSIOn plat review of Diamond Estates
Su bdivision No.2, Phase II and III, was submitted to the Bozeman Planning Office on November 16,
2005. The preliminary subdiVision plat, as proposed, wiJl suhdivide 82.190i: acres and create 182
residential lots consisting of 15:"> detached single household lots, 7 multi-family lots, 4 condominium lots
and 18 residential modular lots. Approximately 21.34 acres of dedicated parkland and open space will be
provided for use by the general public. All residential lots will be served by City of Bozeman watet and
DIAMOND EST A TES SUBDIVISION NO.2. .PHASE II & III -]<'INDlNGS OF ]<'ACT AND ORDER
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sanitary sewer serVIces, and will be accessed by dedicated public streets with improvements to Durston
ROild, West Oak Street, and the const1:uction of a network of interinr local subdivision streets.
II.
Notice of the public hearings before the Bozeman Planning Board and Bozeman City Commission
was published in the Bozeman Daily Chronicle on Sunday, January 1, 2006, and Sunday, January 8, 2006,
and said notice was posted at the site and mailed by Certified mail, return receipt requested, to all adjoining
property owners.
III
The Phnning Board heard tllC matter of preliminary subdivision plat review on January 18,2006.
The Pbnnmg Staff reviewed the project at that time and discussed the recommended condit.ions of the
DevelCJpmelH Revlew Cornmittee, including the traffic analysIs study and street improvement standards,
parkland, limited access onto West Oak Street, Ferguson Avenue, and Flanders Mill Road; and
recommended modifications to conUltion #4 and ttS. The Planning Staff also recommended that a
condition #2.) be added to clarify the recluired yard setbacks from West Oak Street, Flanders l\Jill Road,
and Ferguson Avenue. The Planning Staff reported that no public testimony on this matter had been
received as of the public meeting before the Planning Board.
IV.
Dennis Foreman of Gaston Engineering Surveying, representing the applicant, responded to
questions by the Planning Board regarding ground water, floodplain delineation, alleyways, wetlands,
parklands, and street connections that included the extension of Garnet Street. Mr. Foreman stated the
applicant is in general agreement with all of the recommended conditions of preliminary plat approval
except for condition #3 that requires an additional north/south street in the middle of Blocks 10 and
Block 11.
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v.
The public hearing portion on this matter was opened, and after calling for public testimony three
times and hearing none, the public hearing portion was dosed.
VI.
After finding that the preliminary Plat was properly submitted aod reviewed under the procedures
of the City of Bozeman Unified Development Ordinance and the Bm:ernan 2020 Community Plan, the
Planning Board reviewed and considered the facts against the criteria established in Title 76-.)-608, M.C.A.
1999.
The Planning Board further considered the recommended conditions prepared hy the Planning
Staff and Development Review Committee, including said moditlcations presented by the Planning Staff.
The Planning Board then moved to approve the applicatlon with anwndn.ents to condition :/--1-3 (exclude
additional north/south streets in Block 10 and Block 1,1), condition #4 (wider alley width), add condition
#23 (recp.:u.rcd yard setbal.:ks from West Oak Sued, Flanders Mill Road, and Ferguson Avenue), and add a
second condition, condition #24 (requiring the extension of Garnet Street east of Ferguson Avenue).
VII.
The Planning Board found that with the attached conditions the major subdivision would comply
with the primary review criteria, and therefore voted 5-1, with one member abstaining, to forward a
recommendation of conditional approval to the Bozeman City Commission in Planning Resolution No. P-
050711 with said conditions recommended by the Planning Office.
VIII.
The matter was considered at a public hearing before the City Commission on Monday, February
6, 2006. The Planning Staff reviewed the preliminary plat application at that time and fOlwarded the
Planning Board's rewmmenJation of wnditional approval to the City Commission.
Dennis Foreman of Gaston Engineering, representing Douglas L. Smith, presented the
background and history of Diamond Estates Subdivision. Mr. Foreman pointed to the creation of larger
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DIAMOND ESTAn:s SlJBDlVISION NO.2, PHASE II & III -FINDINGS OF FACT ANn OROER
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parcels along the north side of Durston Road for the development of churches, then discussed the
subdivision design for the street network, grid system and street alignment, as \VeIl as the problems with
creating modular lots.
Mr. Foreman then responded to questions from the City Commission regarding rnid-block
pedestrian pathways, separation of street intersections, and the extension of interior local streets for a
more effective grid system.
IX.
The public hearing portion on t.his matter was opened, aod after three calls for public testimony
aod having received none, and after 00 CommisslOncr objections, the public hearing on this matter was
closed.
X.
The City Commission then discussed the configuratIOn of Moonstone Drive, extension of Ag~lte
Drive to the south boundary of the.; subdivision, need more -street connections with West Oak Street,
shorter subdivision blocks, fewer mid-block pedestrian c.rossings, more street conne.;ctions within the
interior of the subdivision, and the need for a better understanding of the problems with the modular lots.
After further discussion on the design of the major subdivision, the City Commission choose to
delay a decision on the matter for one week to f,>1ve the applicant the opportunity to ~IJdress the design
issues identified by th(~ Commission.
XI.
The matter of the preliminary plat for Diamond Estates Subdivision No.2, Phase II and 1TI, was
further considered by the City Commission on February 13,2006.
Mr. Dennis Foreman of Gaston Engineering, representing the applicant Douglas Smith, presented
a revised design of the major subdivision illustrating the modifICations made by the applicant to address
the input and concerns provided by the City Commission. Responding to questions by the City
Commission, Mr. Foreman noted that the applicant was attempting to submit a preliminary plat that
I DIAMOND ESTATES SUBDIVISION NO.2. PHASE II & III - FINDINGS OF FACT AND ORDER
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avoided the need to re(luest variances and/or relaxations to the Unified Development Ordinance and
voiced his frust.ration with the conflicts between the Unified Development Ordin;l!lce and the direction
given by the Commission.
XII.
The City Cummission then discussed the need for a suhdivision design that contained a stronger
grid system, more street intersections with Ferguson Avenue in-lieu of nll-de-sacs, and shorter subdivIsion
blocks that would elimination the mid. block pathways.
The City Commission then moved to conditionally approve the preliminary plat application with
the conditions recommended by the Planning Board and Planning staff. 'lbe motion for conditional
approval failed on a vote of 2-2, needing three affirmative votes to carry said motion.
City Attorney Paul Luwe noted that this matter would be bought back before the City Commission
when a full Commission was p.resent to make a decision on thematte.r.
XIII.
'1'he matter of the preliminary plat for Diamond Estates Subdivision No, 2, Phase 11 and III, was
fm:ther considered by the City Commission on .February 27, 2006.
The Planning Staff then outlined the revisions to the subdivision design based on the comments
and directiun provided by the Commission, and fu.rther outlined said conditions that still applied to the
revised subdivision desib,'1l. Mr. Dennis Foreman, .rep.resenting the applicant, stated general concurrence
with the new condItions recommended by the Planning Staff.
XI.
The City Commission then considered the minutes, public .record and recommendation of the
Planning Board, recom.mendations of the Planning Staff, the developer's testimony, and weighed the
proposed subdivision against the primary crite.ria for subdivisions established in Title 76-3-608, and found
as follows:
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76-3-608(3)(a):
1) EFFECTS ON AGRICULTURE:
IIistorically, the subject property has been used [or agricultural purposes with the majority of the
82.190 acre tract used for pasture and crops. Soil conditions confIrm the site as being good
producing soils for agricultural activity and a viable farm unit_ However, the limited area of the
subject property is not of a substantial size to acconunodate a viable farmstead. 'fhe area is
identifIed for development as "ReJidential" on the Land Use Plan Element of the Bozeman 2020
Community Plan and is situated in a part of the community seeing a high level of residential
development. Therefore it is considered a reasonable area for urban growth is in proximity to a
major transportation network (i.e., Durston Road, West Oak Street, and Ferguson Avenue) and
had the ability to extend municipal infrastructure to the site.
2) EFFECTS ON LOCAL SERVICES:
Access to municipal infrastructure and puhltc services is available as discussed in the staff report,
However, the cost of extending infrastructure to the properly Will be the sole responsibility of the
developer, unless over sizing of water and/or sanitary sewer main capacities is requested by the
City. In such cases, the City of Bozeman will participate in the over Sizing of infrastructure, 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.
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 street ~lnd l'erguson Avenue to a collector standard, as identifIed in the Bozeman 2020
Community Plan and Greater Bozeman Area Transpmtatioo Plan, 2001 Update. The developer
notes that all arterial and collector streets identifIed in the Impact Traffic Analysis with movements
on intersection approach legs designated as arterial or collectors will operate at a mininlum Level
of Service "C" with exception to the intersection of Durston Road and Ferguson Avenue. As a
result, signalization improvements at this intersection may be recommended by the City Engineer's
Office prior to Phase II or Phase III. Any remaining issues identified by the Development Review
Comnuttee are addressed in the recommended conditions of approval provided by the City
Engineer's Office.
3) EFFECTS ON NATURAL ENVIRONMENT
With exception to the three water courses, associated wetlands, and mature vegetation no
additional significant physical or topographiull feHtures have been identifIed (i.e" outcroppings,
geological formations, steep slopes). Any mitigation and enhancement of wetlands will occur only
with the approval of 310 and/or 404 Permits from the Gallatin County Conservation District and
Army Corp of Engineers. Groundwater quality will be protected by the installation of municipal
salutary sewer services and appropriate measures are proposed by the developer with residential
construction. Provisions have been discussed in the applicant's submittal to address the control of
noxious weeds, agricultural fencing and maintenance of park land/ open space, and will bc further
addressed with the protective covenants and compliance with the recommended conditions of
approval.
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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 and habitat. No known endangered species
or critical g~11l1e ranges have been identified on the proposed subdivisIon. The Department of
Fish, Wildlife & Parks has not identified any impacts on wildlife and wildlife game range habitat
with this development proposal. Therefore, no significant effects on m;Ljor wildlife game and their
habitat should occur as a result of the proposed residential subdivision.
5) EFFECTS ON PUBLIC HEALTH AND SAFETY
The Bozeman Development Review Committee (DR.C.) reviewed the application for Preliminary
Plat review; and as result, has not identified any significant impacts to the area's public health and
safety that can nut be mitigated with the recommended conditions forwarded to the Planning
Board and City Commission. Because development of the property will include municipal sanitary
sewer serviccs, the threat of groundwater degral.btion from on-site sewage l.bsposal will be
eliminated. There arc no known, unmitigated natural or man-made hazards on this property.
6) EFFECT ON AGRICULTURAL WATER USERS FACILITIES
The applicant notes 1Il the Preliminary Plat application that no downSlream water user facilities will
be imp;Lcted with subdivision of tbe property. ^ !though the subdivider docs not anticipate any
impacts to downstream water users with tlus subdivision, it is recommended that a written
statement be provided on the final plat and prott~ctlve covenants stating that the Meadow Creek
Subdivision will not interfere with any agricultural water user facility or irrigation ditches for
downstream water tights.
All subdivisions must be reviewed against the criteria listed in 76-3-6OtU.bd, M_C./\., 1995 regardless of
compliance with master plan status. As a result, the Planning Offi\,:c 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 requirement!'; provided in Part 4 of the Montana Subdivision and
Platting Act.
Prior to filing of any future 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 Callatin
COUIlty 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 final pht shall comply with the standards identified and referenced in the Unified Development
Ordinance. The applicant is advised that umnet 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 on the final plat:
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a. Sectiun 1l::\.42.040.B .. 'I 'hat all block lengths shall not be more than 400 feet in length nor less
than 300 feet in length, unless a variance to Section 16.14.030 "Blocks" of the BoZetm1l1
Subdivision Regulations is granted by the City Commission.
b. SectlOn 18.42.150 - TIUlt the Lighting Plan shall reflect the standards outlined in the LJ.D.o. A
hghting plan shall be submitted for review and approval prior to the contracting, creation of an
S.I.L.D. and installation of the lights. The plan shall include a pole light detail with spacing based
on high pedestrian conflict, a local street pole light at one per local street intersection, and a
hollard hght ddail for placement at pathway/street intersections. AU lights ll1cluding the bollard
light shall conform to the City's requirement for cut-off shields.
Co Section 18.42.060.B .-. Requires all utility easements to be noted on thc Final Plat for each typical
subdivision lot/block, in addition to notarions on the final plat.
d. Section 18.42.060.D.4 - States that storm water runoff from a development shall not be
discharged directly to an irrigation facility. This will further require all storm water facilities to be
designed in ;1 manner that addresses the criteria set forth by the Planning Office
e. Section 18.42.180.C - Requires 10% of the net building acreage .to be dedicated to Restricted Size
T ,ots, or a minimum of 3.947 acres for this subdivision. The Final Plat and protective covenants
must specifically identify the RSL lots in each phase.
f. Section 18.4g.070 - Irrigation, sod and street trecs on all external streets and adjacent tu public
patks or other opens spaces is required of the developer. It is recommended that internal streets
also be landscaped with boulevard trees to maintain consistency with an urban streetscape
throughout the subdivision. A landscape plan sh;l11 be submitted, identifying the location and
tree species to be installed by the developer, prior to installation of the trees or tln;tl plat,
whichevcr comcs first.
g. Section 18.50.040 -. The Park Master Plan will need to clearly identify who is responsible for
improvements to the public parkland. Reference to "by others" rnust be more clearly outlined as
to responsibility of improvements (i.e., homeowner's association, City of Bozeman, etc.). It is
recommended that as part of the neighborhood center for this subdivision park that the tot lot
;\l1d associated landsc;tpe improvements be installed by the developer.
h. Section 1 g.50.()gO - The subdivider will be responsible for leveling patk area(s), amcnding the
soil, seeding disturbed areas to allow mowing with turf type mowers, and installing an
underground irrigation system in compliance with City standards.
1. Section 18.50.080D - All storm water retention or detention facilities may be located within a
park but not counted towards the flial parkland dedication. All areas identified in the
subdivision for the purposes of retention/detention storm water facilities shall be noted on the
subdivision plat as "Common Areas" owned and maintained by the property owner's assocIation,
and noted accordingly in the property owner's association documents, for review and approval
by the Planning Office. All storm water facilities must be dcsigned in a fashion that is
landscaped as effective landscape fcatures (i.e., not rectangular or box-like), with slopes not more
than 4:1 , or 25%, with an average depth of not more that two feet. All collection and outlet
facilities must also be properly landscape and screened from the general public. All storm water
facility outlet structures will be properly landscape and a minimum distance of not less than thirty
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(30) from any watercourse high water mark will be required, Placement and design of the
facilities will be approved by both the City Engineer's Office and Planning Office.
1. Section 18.50.11 0 - Pathways must be maintained by the developer in conformance wIth the
approved mainten;1l1Ce plan until 50% of the lots are sold. There;lfter, the homeowner's
association is responsible for pathway m,lintenance. PlaIls and specifications for the trail will
need to be reviewed by the Parks Department prior to construction. A Type 11 Class trail is
recommended along the watercourse corridor with the placement appropriate pedestrian
crossings at all intersections with interior subdivision streets. .A typical cross section of the
public trail shall be included in the landscape guidelines and will include trail specifications,
typical landscape guidelines, and site grading plans for review and approval prior to [111al plat
approvaL.
k. SectioIl 1 H. 72 outlines the requirements for Covl~nants. In addition, the followlllg items must be
included in the covenants for final plat approval: 1) the orientation and setback for corner lots, 2)
additional sctlncks reqUired when adJacent to pathway corridors (i.e" P.A.c. corridors), 3) access
to townhouses from alleys and the setback requirements for garages and/ or parking stalls, 4)
provisions for fenu:s (i.e., sight vision triangle, protection and maintenance of adjacent
agricultural fences, etc.), 5) provisions for maintenance and upkeep of all comm.on areas, public
and private parklands, trails, storm water runoff facilities, 6) a Development Manual that outlines
architectural and landscape guidelines for each individual lot and/or phase of the subdivision,
including placel1ll~nt of boulevard trees at a regular spacing for each residential lor, 7) list of
permitted land uses in both the R-3 designation, 8) a 25..foot setback off of West Oak Street,
Ferguson j\vellue, and Flanders Mill Road for ail lots fronting onto said streets, 9) pruvisions
that outline the renewal of an annual contract with a certified landscape nursery person for the
upkeep and maintenance of all parklands, common open space, trails, etc., 10) landscape details
for detention ponds, outlet structures, boulevard trees, parkland, irrigation, etc., 11) mitigation of
groundwater with established floor elevations and no basement restriction, 12) provisions for the
maintcnance of agriculmral fences and no trespassing on adjacent properties during construction
activity, and U) architectural guidelines for residential character, porches, fenestration treatment,
placement ()f garages, boulevard trees.
1. Section 18.78.070.D- the Final Park Plan must be submitted, reviewed and ;Ipproved the
Recreation and Park's Advisory Board and City Commission prior to submitting for Final Plat
approval of the first phase of the major subdivision. Four (4) bound copies of the plan shall be
submitted to the Planning Office for review and approval prior to installation of any
improvements or upon Final Plat approval, whichever comes ftrst. The document shall address
all of the criteria outlined in Section 18.78.060.P.
The developer will submit a formal development plan signed by a certified landscape architect
for the design of all dedicated parklands within said subdivision for review and approval by the
Superintendent of Facilities and Public Lands, and Bozeman Recreation and Parks Advisory
Board. Details of plantillgs, species, topography, irrigation system, and any permanent park
features shail be shown and discussed with the plan. Construction of the parkland
improvements will be to City standards and must be completed with City oversight.
Improvements shall be installed within all dedicated parklands according to the Implementation
Plan and schedule approved by the Superintendent of Facilities and Lands, and the Recreation
and Parks Advisory Hoard.
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m. Section 'I R.7R.060.C - A professional cultural resource inventory of the site to be conducted by a
qualified archeologist is necessary. The results of said survey must be provided to the Planning
Office and the State Historic Preservation Office prior to the disturbance of any of the
subdivision grounds.
n. Section 18.78.070.C - 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.
o. That the applicant obtain written approval of a p;lrk land implementation plan outlining
installation of landscape improvements, trail/bike path improvements, and maintenance and
upkeep of the park lands and trails, and that said implementation plan be noted acconlingly in
the protective covenants ane! restrictions of the property owner's association documents, for
review and approval prior to Final Plat approval.
p. That the applicant verifies that that all subdivision lots have the m1l1imum required lot width at
the front yard setback.
q. That the final plat contain a notation stating that all downstream water user faci1itit~s will not be
impacted hy this subdivision and that it also be noted accordingly III the by-laws ;1l1e! protective
covenants for the homeowners' association_
r. 'IlIat tlIe final plat shall comply with Section 16.0l-\.070 "Final Plat" and Chapter 16.32
"Certificates" of. the City of Bozeman Subdivision Regulations, and shall conform to all
requirements of the Uniform Standards for l-'inalSubdivision Plats inclucltng provisions for all
appropriate certificates and language, certification from the City Engineer that as-built drawings
for; public, improvements were received, and accompanied by all appropriate documents,
including a Platting Certificate. Four (4) mylar copies of the final plat must be submitted for
tinal plat approval, along with two (2) digital copies of the final plat, on a double sided, high
density 3Vz-inch floppy disk; and five (5) paper prints.
s. That the applicant obtain Montana Dep;lrtment of Environmental Quality approval of the
subdivision prior to Final Plat approval pursuant to Section 16.16.101 through 16.16.805 A.R.M.
t. That the applicant execute and tile with the final plat a waiver of right-to-protest creation of a
city-wide park maintenance district for review and approval by the City of HOleman for
maintenance and upkeep of dedicated park land and trail system prior to Final Plat approval
(may have been done with the Annexation Agreement).
u. The final plat shall provide public utility easements along side and rear lots lines as required by
the subdivision regulations. However, in the event front yard easements arc used, side and rear
yard easements must still be provided on the plat unless written confirmation is submitted to tJ1e
Planning Office from all utility companies indicating that front yard easements are adequate to
service said subdivision lots. The utility easements shall be noted accordingly 011 each
subdivision block of the fInal plat, as well as a notation 011 the final plat required in the Unified
Development Ordinance.
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v. The easement notation required in Section 16.14.050.BA of the Bozeman Subdivision regulauons
shall also he provided on the fInal plat.
w. The subdivider shall ensure that all construction material and other debris are removed from the
subdivision prior to fmal plat approval, or prior to release of said financial guarantl~e, if an
Improvements Agreement is necessary with the fInal plat.
x. That the developer sh;1Il enter in an Improvements Agreement with the City of Bozeman
guaranteeing the complction of all improvements in accordance with the Preliminary Plat
submittal information and conditions of approval. If the Final Plat is [tied prior to installation of
all improvements, the developer shall supply the City of Bozeman with an acceptable method of
security cCju;ll to one hundred fifty (150) percent of the cost of the remaining unprovements.
y. That the developer shall have thrce (3) years from the date of Preliminary Plat approval to
complete the conditions of preliminary plat approval and apply for Final Plat approval. At the
end of tlus period the City Commission may, at the written reCjuest of the subdivider, extend its
approval for a period of no more than one (1) calendar year except that the Cit.y Commission
may extend its approval for a period of more than one (1) year if that approval period is inclnded
as a specific condition of a written subdivision improvements agreement between t.he City
Commission and the subdivider, provided for in Chapter 16.22 of the Bozeman Subdivision
H..q,rula tlons.
z. That the applicant submit with the application for Final Plat review and approval of Diamond
Estates Subdivision No.2, Phase II and III, a writterLD!}rrative stating how each of the
conditions of Preliminary Pia t approval and code provisi()ns outlined on pages 12-17 of the staff
report has been met or satisfactorily addressed.
aa. Stormwatet Master Plan:
A Slnnnwat.er Master Plan for the snbdivision 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 lTUlster plan must depict the maxllnum sized .retention basin location, show location of and
provide e\lsements for adequate drainage ways within the subdivision to transport runoff to the
stonnwater receiving channel. The plan shall include sufficient site grading and elevation
in fonna bon (particularly for the basin site, drainage ways and finished lot grades), typical
stormwater detention/retention basin and discharge structure details, basin sizing calculations
and :1 stormwater maintenance plan.
Any stormwater ponds located within a park or open space shall be designed and constructed to
be conducive to the normal use and maintenance of the open space. Stormwater ponds for
runoff generated by the subdivision (e.g., general lot runoff, public or private streets, common
open space, parks, etc.) shall not be located on easements within privately owned lots.
While the runoff from the individual lots will be dependent on tlu: intensity of LIse on each lot,
the maximum sizing of the storm retentIon facilities for each lot will be established based on
maximum site development. Final facility sizing may be reviewed and reduced dnring design
review of the FSP for each lot.
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bb. Plans and specifICations and a detailed design report for water and sewer main extensions, stonn
sewer and the public street, ptt~pared by a Professional Engineer, shall be provided to and
approved by the City Engineer and the MOIlt:tna Department of Environmental Quality. The
Applicant shall also provide Professional Engineering services for construction inspection, post"
construction certification, and preparation of mylar record drawings. Construction shall not be
initiated on the public infrastructure improvements until the plans and specifications have been
approved and a pre..construction conference has been conducted.
No building permits shall be issued prior to substantial completion and City acceptance
of the required infrastructure improvements.
cc. All infrastructure improvements including 1) water and sewer main extensions, and 2) public
streets, curb/gutter, sidewalks fronting p;nks, open space, rear yard frontages or other non-lot
frontages, and rdated storm drainage infrastructure improvements shall be fmancially guar;lIHced
or constructed prior to Final Plat approv;tI.
del City standard residential sidewalks shall be constructed on all public street frontages of a
propt~rty prior to occupancy of any structure on the property. Upon the third anniversary of the
plat recordation of any phase of the subdivision, any lot owner who has not constructed said
sidewalk shall, without further notice, construct within 30 ebys said sidewalk for their lot(s),
regardless of whether other improvements have been made upon the lot. This condition shall be
included on the pbt and in the covenant.s for the subdivision.
ee. The location of existing water and sewer mains shall be properly depicted. Proposed main
extensions shall be noted as proposed.
ff. Flood plain:
a) The IOO-year floodplain shall be delineated for the watercourse within the subdivision.
If flooding limits encroach onto proposed lots, it shall be noted on the final plat along
with a minimum floor elevation for the structures to be constructed on the lots.
b) The 100 year flood plain boundary and flood elevations must be depicted on the FSP.
c) Culvert sizing design calculations shall be provided [or the stream crossing.
gg. The Montana Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and
Army Corps of Engineer's shall he contacted regarding the proposed project and any required
permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to .FSP approval.
hh. Easements 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 casement. In no case shall the utility be less than 10 feet
from the edge of easement.
11 Project phasing shall be clearly defined including installation of infrastructure.
JJ The developer shall make arrangements with the City Engineer's office to provide addresses for
all individual lots in the subdivision prior to filing of the final plat.
kk. The applicant shall submit a consttuction route map dictating how materials and heavy
equipment will travel to and from the site in accord;U1ce with section 1 R.74.020.A.l of the
DIAMOND ESTATES SUBDIVISION NO.2, PHASE II & III "FINDINGS OF FACT AND ORDER
12
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LJnifled Development Ordinance. ThIs shall bt: submitted ~IS part of the final site plan for site
developments, or with the infrastructutt: plans for subdivisions. I t shall be the responsibility of
the apphcatlt to ensure that tht: construction traffic follows the approved routes.
II. All construction activities shall comply with section 18.74.020.J\.2. of the Unified Development
Ordinance. This shall include routine cleaning/sweeping of material that is dragged to adjacent
streets. .The City lll.ay requIre a guarantee as allowed for under this section at any time during the
construction to ensure any damages or cleaning that arc nquired art: 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 III Part 6 of the
Montana Subdivision and Platting Act.
The meetjng before the Planning Duard and hearing befote the City Commission have been properly
noticed, as rccluired by the Bozeman Unified Development Ordinance. The notice was mailed to all
adjoining property ownt:rs by certified mail and noticed in the Bozeman Daily Chronicle. Based on
the recommendation of the D.R.C and other applicabk review agencies, as well as any public
testimony received on the matter, the Bozeman Planning Board shall forward a rccOlnmendation in a
Resolution to the Bozeman City Commission who will make the final deCIsion on the applicant's
teL] nest.
76-3-608.3.c. M.C.A.
(c) - Provision for easements for the location and installation of any planned utilities.
All uulities and necessary utility easements will be provided and depicted accordmgly on the final
plat for each phase.
7li-3::.~!)8 .3,4....1\1...<=.A.
(d) - Provisions of legal and physical access to each parcel.
All lots withlll thc~ major subdivision will have direct access onto dedicated public streets.
XI.
After considering aU matters of record presented at the public hearing and meetings, tht: City
Commission found that the proposed prdiminarv pbt for Diamond Estates Subdivision No.2, Phase II
~Ind III, to diVIde R2.190:t acres and create 182 resiclentiallots consisting of 153 detached single household
lots, 7 multi-family lots, 4 condominium lots and 18 residential modular lots, would comply with the
requirements of the City of Bozeman Unified Development Ordinanct:, B07.eman 2020 Community Plan.
and the Montana Subdivision and Platting Act if certain conditions were imposed.
[)IAMOND ESTATES SIJBDlVISION NO.2, PHASE 11 &. III - FINDINGS OF FACT AND ORDER
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ORDER
THEREFORE, IT IS HEREBY ORDERED, on a vote of 4 to 0, that the Preliminary
Subdivision Plat to divide 82.190:t acres with an SO-acre remainder and r.;reate lS2 residential lots and 21
acres of dedicated parkland/open spaCt, has been found to meet the primary criteria of the Montana
Subdivision Platting Act, and is therefore approved, subject to the conditions listed bc!ow. The evidence
as stated in Ihe 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 pruvided, adequate infrastmcrure ;lI1d puhlic services arc provided,
and adequate public access, utility easement.s, and rights-of-way are pruvided.
This City Commission order may he appealed by bringing an action in t.he Eighteenth District
court of Gallatin County, within 30 days after the adoption of this document by the City Commission, by
following the prucedures of Section 7<l-.)-625, M.c:.A.
1. 'fhe applicant mllst comply with all provisions of the Bozeman Municipal Code, which arc
applicable to this project. The applicant IS adVIsed that unmet code provisions, or code provisions
th;it 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. The applicant will execute a PublH; P;nk Easement for Diamond Park at the Clerk and Recorder's
Office with the filing of the final plat for Phase One of the major subdivision, and that said is
dedicated to the general pubic with Phase Two.
3. Th;lt all subdivision alleys provide a sixteen foot wide all weather accessible surface within 20-foot
rights-of-ways, Any allowed parking in the alleys will require "No Parking Fire Lane" sigllage.
4. No building permits shall be issued until the construction contract for the Durston Road SID
project has been awarded.
5. The preliminary plat submittal only shows one connection to the existing wat.er system. Additional
connection shall be made at a minimum at Saunders, Annie, Renova, and Oak. If the mains do not
exist at these locations at the time of the installation of t.he infrastmcture, the new mains shall be
installed to the property line for future connection by the adjoining subdivision.
6. An all weather access roacl and easements shall be provided for all of the sewer main outside of the
limits of the subdivision.
7. Flanders Mill Road shall be improved along the entire frontage of the subdivision to a local street.
standard. This shall include curb and gutter on both sides, sidewalk on the east side only, and the
DJAMOf\O ESTAn~s SUBI)JVISION NO.2, "HASI<: II & III - FINDINGS OF FACT AND ORDER
14
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necessary utility extensions. The sidewalk m;lY be installed with the houses as allowed by cmIt:, hut
must be financia.lly guaranteed to ftle the fmal plat.
R. The south half of Oa.k Street shall be unproved to the 5..J .ane Principal Arterial standard as shown
in the Transportation Plan from the end of the existing street to the east to the western boundary
of the subdivision.
9. A l' No Access Strip shall be shown on the plat along the entire frontage of Oak Street and
Ferguson Avenue, WIth limited access onto Flanders Mill Road.
10. This property is part of all thrlT Valley West payback districts. Paybacks will be due with each
phase of the subdivision.
11. The sidewalks adjacent to Oak shall be 6' wide, and shall be installed at the time the street
Improvcmcnts are done.
12. The recommended improvements to the signal at Oak and 19'h tihall be installed as part of the
required infrastructure for Phatic I subject to review and approval of MDT.
13. The recommended improvements to mitigate the level of service to the intersection of Ferguson
and Durstoll shall be installed with phase n. Pnor to phase JJJ, the intersection shall be reanalyzed
to determine if any additlonal improvements are required to maintain an adequate level of service.
A ny additional improvements necessary to maintain an adequate level of service shal1 be installed
as part of the phase HI infrastructurt.
1,t A note shall be added to the face of the plat that prohibits the instal1ation of fences within the
limits of public utility eastments (i.e. water, sewer, storm sewer mains). The note shaU cleatly .and
specifically indicate the lots which are effected, The restriction shall also be included in the
subdivision covenants.
15. That water rights, or cash in-lieu thereof, shall be provided and paid for prior to final plat review
and approval for each phase. If the fInal plat of the subdivision is filed in phases, water rights, or
cash in-lieu thereof will only be required for each phase of the subdivision that is being filed. The
applicant shall provide payment of the calculated cash in-lieu of water rights based on ;Hl amount
determined by the Director of Public Service.
1 (J. That a "No Full or Partial Basement Construction" restriction be placed on the final plat for all
residential building constructIon within the subdivision and noted accordingly in the protective
covenants.
17. That the applicant submit a soils report for the entire subdivision with the fInal plat for use by the
City of Bozeman Building Department and that the final plat contain the following language that is
readily visible, placing future landowners of individual lots on notice of the presence of high
groundwater in the area of the subdivision:
"Due to the potential of high ground water tables in the areas of the subdivision, it is not
recommended th;lt residential dweUings or commercial strucrures be constructed without first
consulting a professional engineer licensed in the State of Montana and qualified in the
certification of resiJential and commercial construction. The finish floor of all residential
I DIAMOND ESTATES SUBDIVISION NO, 2. PHASE II & III - FINOlNGS OF FACT AND ORDER
15
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structures shall be not less than two (2) feet above the established elevation from the top of
curb of the adjoining street, unless otherwise approved by the City of Bozeman Building
Departtnent. "
18. That the applicant modify the protective covenants of the homeowner's association as outlined in
the staff report and that the applicant submit a revised draft of the protective covenants for review
and approval by the Planning Office at least thirty (30) days prior to submitting for final plat
approval of the initial phase of the major subdivision.
19. All areas for the purposes of open space, storm water runoff facilities, and other common areas
owned and maintained by the homeowner's association shall be identified on final plat as
"common area" and/or "conUl1on open span:", and noted accordingly in the protective covenants
of the homeowner's association documents.
20. All parks that arc dedicated parkland shall be noted on the final plat as "Public Park".
21. That Garnet Street extend to the east through the open space corridor and connect with Ferguson
Avenue.
22. Theeast/wcst street between Block 2 and 3 in the northwest corner shall be terminated shott of
Ferguson Avenue by means of either a cul-de--sac, or a tee intersection created by the street and
alley. This intersection as shown is too close to future turn bay and taper that will be requited for
this arterial! collector intersection.
23. Renova Lane, Moonstone Drive, and Jade Avenue shall be right in/tight out only at their
intersection with Ferguson Avenue unless the information required by Section 18.44.090_H of the
Bozeman Municipal Code to grant a deviation is provided to and approved by the City Engineer.
24. Given only the south half of West Oak Street is being l11stalled with this development (c(luivalent
to a local street), full access at the intersection of Emerald Loop and West Oak Street will be
allowed at this time. When the north half is constructed, a break in the median will not be instnlled
and the intersection will become right in/right out only.
25. Conditional approval is based upon the revised preliminary plat date stamped February 15, 2006.
The preliminary approval of this subdivision shall be effective for three (3) years from the date
of Preliminary Plat approval, or February 27, 2009. At the end of this period the City Commission may,
at the request of the subdivider, extend its approval for not more than the one (1) calendar year. However,
preliminary approval may be extended for more than one (1) calendar if the developer clHers into, and
secures, an Improvements Agreement for the Subdivision.
DIAMOND ESTATES SUBDIVISION NO.2, PHASE II & III ~}'INDlNGS OF fACT AND ORDER
16
21
DATED ,hi, ZJ ': of _.~ __,2007
BOZEMAN Cny COMMISSION
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DIAMOND ESTATRSSI.JBDlVISION NO, 2, PHASE II & III - FINDINGS OF FACT AND ORDER
22
17
PRELIMINARY PLAT of
DIAMOND ESTATES SUBDIVISION No.2, PHASES II & III
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