HomeMy WebLinkAboutFindings of Fact and Order for the Village Homesites Planned Unit Development Major Subdivision Phases 1 and 2
REPORT TO: Honorable Mayor and City Commission
FROM: Lanette Windemaker, AICP, Contract Planner
SUBJECT: Village Homesites PUD Phases 1 and 2 Major Subdivision Findings of Fact (#P-
08004) Consent Agenda
MEETING DATE: August 18, 2008
RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the preliminary plat of Village Homesites PUD Phases 1 and 2 Major Subdivision.
BACKGROUND: On July 21, 2008, the City Commission held a public hearing on an application for
preliminary approval of the Village Homesites PUD Phases 1 and 2 Major Subdivision. The
Commission approved the proposed subdivision, subject to conditions to ensure the final plat would comply with all applicable regulations and all required criteria. State law provides that the governing
body shall “provide a written statement to the applicant detailing the circumstances of the condition
imposition.” The statement must include 1) the reason for the condition imposition; 2) the evidence that
justifies the condition imposition; and 3) information regarding the appeal process for the condition
imposition. Lanette Windemaker, Contract Planner, presented the subdivision application on behalf of the City of Bozeman. She has prepared the Findings of Fact and Order to serve as the Commission’s
statutorily required written statement.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property
tax revenues from new development, along with increased costs to deliver municipal services to the property.
ALTERNATIVES: As suggested by the City Commission
CONTACT: Please email Lanette Windemaker at lwindemaker@bozeman.net
if you have any questions prior to the public hearing.
APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
Commission Memorandum
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BEFORE THE BOZEMAN CITY COMMISSION
GALLATIN COUNTY, MONTANA
IN THE MATTER OF THE APPLICATION OF THE VILLAGE
INVESTMENT GROUP, INC., OWNERS, FOR PRELIMINARY
APPROVAL OF THE PLAT OF VILLAGE HOMESITES PUD PHASES 1 AND 2 MAJOR SUBDIVISION (#P-08004)
FINDINGS
OF FACT AND ORDER
This matter came before the Bozeman City Commission on July 21, 2008, for review and
decision pursuant to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-625,
Montana Codes Annotated, the Bozeman 2020 Community Plan, and Title 18 of the Bozeman
Municipal Code. The applicant/owner presented to the Commission the proposed Preliminary Plat to
subdivide ~ 17 acres in two phases as 19 single-household lots and one multi-household lot with a
mini park, trails and open space areas. 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:
T
FINDINGS OF FACT
I.
On June 27, 2007, the applicant / owner, The Village Investment Group, Inc., 101 East Main
Street, Bozeman, MT 59715, submitted an application for approval to subdivide the Village
Homesites PUD Phases 1 and 2 Subdivision, a major subdivision to develop 19 single- and one
multi-household lots with a mini park, trails and open space areas, on ~ 17 acres of property zoned
R-4 (Residential High Density District). The applicant requested a waiver of Section 18.42.180.C.5,
Provision of Affordable Housing, to designate 14 units in the Village Lofts multi family
development as Restricted Size Units. The property is legally described as Lots 3, 4, and Common
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Village Homesites PUD Phases 1 and 2 Subdivision (#P-08004): Findings of Fact 2 of 13
Area #2, Village Boulevard Minor Subdivision No. 344, located in the Northeast ¼ of Section 7, and
Northwest ¼ of Section 8, T2S, R6E, PMM, City of Bozeman, Gallatin County, Montana.
Preliminary plat application was submitted in its original form on June 27, 2007. On June 29,
2007, the applicant was informed that staff was unable to determine that the applications are
acceptable for initial review. Additional information was submitted on the application on January 11,
2008. On January 14, 2008, the applicant was informed that the application did not contain all of the
required information and had been deemed unacceptable for initial review. Additional information
was submitted on the application on April 17, 2008 and the required acceptability letter was sent on
April 30, 2008. The required adequacy letter was hand delivered on May 21, 2008.
II.
The preliminary plat was reviewed by the DRC on May 7, 14 and 21, 2008. On the third and
final week of DRC review, a conditional recommendation was forwarded for consideration by the
Planning Board and City Commission. The comments of the Development Review Committee,
along with those of Planning & Community Development Staff, were incorporated into a Staff
Report with suggested conditions of approval, which was provided to the Bozeman Planning Board.
III.
Notice of the time and date of the public hearings was posted at the site on June 13, 2008.
The notice was mailed to all adjoining property owners by certified mail on June 13, 2008. Notice of
the time and date of the public hearings was published in the Bozeman Daily Chronicle on Sunday,
June 15 and 22, 2008. 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 July 1,
2008. The Planning Board found that the application was properly submitted and reviewed under the
procedures of Title 18 of the Bozeman Municipal Code. Staff reviewed the staff report and the
evidence, which justified the imposition of conditions.
The applicant made a formal presentation in favor of the requested subdivision and expressed
concerns with recommended conditions of approval.
The Planning Board then opened the public hearing. No members of the public were present
speaking in favor of or opposition to said Major Subdivision Preliminary Plat. The Board closed the
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public hearing. The Board discussed the RSL requirement, CAHAB’s recommendation on the
waiver request, and the affordability of the RSLs, the need for the Front Street connection, the status
of the emergency access, prohibiting truck traffic, the continuation of Front Street to Oak.
The Planning Board, on a vote of 4 to 2, recommended that Condition #1 and Condition #18
be amended. The Planning Board reviewed the application against the requirements of the Montana
Subdivision and Platting Act, and found that the Subdivision Preliminary Plat Application would
comply with those requirements with the recommended conditions of approval. The Planning Board
then voted on a motion regarding the subdivision. The motion, to recommend approval of the
subdivision with the conditions as amended, passed on a vote of 5 in favor and 1 in opposition.
IV.
The application was considered by the Bozeman City Commission at its regular meeting on
July 21, 2008, at which time the recommendation of the Planning Board, presented in Planning
Board Resolution # P-08004, and staff report and information compiled by City staff was reviewed.
The applicant made a formal presentation in favor of the requested subdivision, and indicated
opposition to Condition #1.
There was no comment from the general public on the requested subdivision.
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.
The property is annexed, and has been zoned and master planned for residential development
for many years.
2. Effects on Agricultural Water User Facilities. The applicant has indicated that agricultural water levels in the Mill Ditch Diversion will be
maintained. In addition, the Montana Fish, Wildlife and Parks, NRCS, Montana Department
of Environmental Quality, and Army Corps of Engineer's must be contacted regarding the
proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be
obtained prior to final plat approval.
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Village Homesites PUD Phases 1 and 2 Subdivision (#P-08004): Findings of Fact 4 of 13
3. Effects on Local Services.
Water/Sewer: The standard code requirements apply, including the requirements for plans
and specifications, detailed design reports, and engineering services for construction
inspection, post-construction certification and preparation of mylar record drawings applies.
No building permits will be issued prior substantial completion and City acceptance of
required water and sewer infrastructure improvements, unless otherwise permitted under the
BMC. Water and sewer main extensions must be completed or financially guaranteed prior
to final plat approval.
The City needs to acquire water rights to keep up with the growing demand for municipal
water service. In keeping with the City’s annexation policy, water rights or cash-in-lieu must
be paid prior to final plat approval.
Police/Fire: The property is within the City’s Police and Fire emergency response area. The
subdivider must obtain addresses for the new lots from the City Engineering Division prior to
filing of the final plat to facilitate fire and police response to the site.
Streets: Access to the subdivision will be from Village Downtown Boulevard. The standard
code requirements apply, including the requirements for plans and specifications, detailed
design reports, and engineering services for construction inspection, post-construction
certification and preparation of mylar record drawings applies. No building permits will be
issued prior substantial completion and City acceptance of required street infrastructure
improvements, unless otherwise permitted under the BMC. Street improvements, including
lighting, must be completed or financially guaranteed prior to final plat approval.
Stormwater Management: The standard requirement for a Stormwater Master Plan applies to
this project. The standard code requirements apply, including the requirements for plans and
specifications, detailed design reports, and engineering services for construction inspection,
post-construction certification and preparation of mylar record drawings applies. No
building permits will be issued prior substantial completion and City acceptance of required
stormwater infrastructure improvements, unless otherwise permitted under the BMC.
Stormwater improvements must be completed or financially guaranteed prior to final plat
approval.
4. Effects on the Natural Environment.
Applicant has entered into an agreement for a Noxious Weed Management and Revegetation
Plan with the Gallatin County Weed Board. A Memorandum of Understanding must be
entered into with the County Weed Board prior to submittal of the final plat. Based on the
information provided, staff is recommending that the Final Plat shall include a notation that
due to high ground water conditions full or partial basements are not recommended.
Installation of municipal water and sanitary sewer services will greatly reduce any concerns
regarding the potential of groundwater degradation. 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.
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Village Homesites PUD Phases 1 and 2 Subdivision (#P-08004): Findings of Fact 5 of 13
5. Effects on Wildlife and Wildlife Habitat.
Due to the historic use of the property, any potential impacts to wildlife and wildlife habitat
are limited to white-tailed deer, small mammals and birds. No known endangered species or
critical game ranges have been identified in the area. The 50-foot setback along the Mill
Ditch Diversion will protect any riparian environment already established on the property.
The applicant’s supplemental information indicates that the wetland area will be left
undisturbed and undeveloped.
6. Effects on Public Health and Safety.
Because municipal sewer will service future 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. The intent of the
regulations in the Bozeman Municipal Code is to protect the public health, safety and general
welfare. The subdivision has been reviewed and determined to be in general compliance
with the title. Any other conditions deemed necessary to ensure compliance have been noted
throughout this staff report.
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 Montana
Subdivision and Platting Act and was filed as a preliminary plat in accordance with the state
statute and the Bozeman Municipal Code.
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 Bozeman
Municipal Code. The applicant is advised that unmet code provisions, or code provisions
that are not specifically listed as conditions of approval, does not, in any way, create a waiver
or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
The following requirements are standards of the Bozeman Municipal Code and shall be
addressed on the final plat:
a. Per Section 18.50.090, executed waivers of right to protest creation of special
improvement districts (SIDs) for a park maintenance district shall be filed and of record
with the Gallatin County Clerk and Recorder prior to final plat approval. A copy of the
filed documents shall be submitted with the final plat.
b. Section 18.50.080.D states that storm water retention or detention facilities may be
located within a park but cannot count towards the final parkland dedication.
c. Section 18.50.080 states that the subdivider must decide on the improvements to be
completed by the subdivider prior Final Park Plan approval. At a minimum these
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Village Homesites PUD Phases 1 and 2 Subdivision (#P-08004): Findings of Fact 6 of 13
improvements included; leveling any park area(s), amending the soil, seeding disturbed
areas to allow mowing with turf type mowers, installing an underground irrigation system
with well, boundary posts and sidewalks. In addition, these improvements include the
parking area or improvements in lieu, the trail system to provide direct pedestrian access
to the perimeter, and watercourse landscaping.
d. Covenants, restrictions, and articles of incorporation for the creation of a homeowners’
association shall be submitted with the final plat application for review and approval by
the Planning Office and shall contain, but not be limited to, provisions for assessment,
maintenance, repair and upkeep of common open space areas, public parkland/open
space corridors, stormwater facilities, public pathway/trails, snow removal, and other
areas common to the association pursuant to Chapter 18.72 of the Bozeman Municipal
Code.
e. Prior to final plat approval, a common area and facility maintenance plan and guarantee
shall be provided for the permanent care and maintenance of open spaces, recreational
areas, stormwater facilities and parking lots in accordance with Chapter 18.72 or the
Bozeman Municipal Code. The same shall be submitted to the city attorney and shall not
be accepted by the city until approved as to legal form and effect. A draft of these
documents must be submitted for review and approval by the Planning Department at
least 30 days prior to filing and recordation with the Gallatin County Clerk and Recorder.
f. Section 18.78.070.D requires a Final Park Plan to be approved by the City Commission,
with a recommendation from the Bozeman Recreation and Parks Advisory Board, prior
to Final Plat approval. Four bound copies of the plan shall be submitted to the Planning
Office for review prior to installation of any improvements or prior to Final Plat
submission, whichever comes first. The Park Plan shall address all of the criteria
outlined in Section 18.78.060.P.
g. 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; one
(1) PDF copy; and five (5) paper prints.
h. Pursuant to Section 18.06.040.D.6, conditional approval of the Preliminary Plat shall be
in force for not more than one calendar year for minor subdivisions, two years for single-
phased major subdivisions and three years for multi-phased major subdivisions. Prior to
that expiration date, the subdivider 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 subdivider, 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
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Village Homesites PUD Phases 1 and 2 Subdivision (#P-08004): Findings of Fact 7 of 13
condition of a written subdivision improvements agreement between the City
Commission and the subdivider, provided for in §18.74.060, BMC.
i. If it is the subdivider’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 subdivider shall supply the City of Bozeman with an acceptable
method of security equal to 150% of the cost of the remaining improvements.
j. 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, and shall include a digital copy (pdf) of the entire Final Plat
submittal. This narrative shall in sufficient detail to direct the reviewer to the appropriate
plat, plan, sheet, note, covenant, etc. in the submittal.
k. 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 basin location, show location
of and provide easements for adequate drainage ways within the subdivision to transport
runoff to the stormwater receiving channel. The plan shall include sufficient site grading
and elevation information (particularly for the basin site, drainage ways and finished lot
grades), typical stormwater detention/retention basin and discharge structure details,
basin sizing calculations and a 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 the intensity of use on
each lot, the maximum sizing of the storm retention facilities for each lot will be
established based on maximum site development. Final facility sizing may be reviewed
and reduced during design review of the FSP for each lot.
l. Plans and specifications and a detailed design report for water and sewer main
extensions, storm sewer and the public street, prepared by a Professional Engineer, shall
be provided to and approved by the City Engineer and the Montana Department of
Environmental Quality. The Applicant shall also provide Professional Engineering
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Village Homesites PUD Phases 1 and 2 Subdivision (#P-08004): Findings of Fact 8 of 13
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. All plans and specification shall comply
with the current version (including all addenda) of the City of Bozeman Design
Standards and Specifications Policy and the City of Bozeman Modifications To Montana
Public Works Standard Specifications Fifth Edition that have been adopted at the time of
approval of the plans and specifications.
No building permits shall be issued prior to substantial completion and City acceptance
of the required infrastructure improvements.
m. All infrastructure improvements including 1) water and sewer main extensions, and 2)
public streets, curb/gutter, sidewalks fronting parks, open space, rear yard frontages or
other non-lot frontages, and related storm drainage infrastructure improvements shall be
financially guaranteed or constructed prior to Final Plat approval.
City standard residential sidewalks shall be constructed on all public street frontages of a
property prior to occupancy of any structure on the property. Upon the third anniversary
of the plat recordation of any phase of the subdivision, any lot owner who has not
constructed said sidewalk shall, without further notice, construct within 30 days said
sidewalk for their lot(s), regardless of whether other improvements have been made upon
the lot. This condition shall be included on the final plat for the subdivision.
n. The location of existing water and sewer mains shall be properly depicted. Proposed
main extensions shall be noted as proposed.
o. Flood plain:
a) A Flood Plain Development Permit must be obtained from the City Engineer prior to
any construction within the floodplain.
b) The 100 year flood plain boundary and flood elevations must be depicted on the final
plat.
c) Culvert sizing design calculations shall be provided for the stream crossing.
d) All buildings must be flood proofed to at least 2' above the 100 year flood elevation.
Elevation Certificates must be provided for each building following completion
of construction.
p. 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 FSP approval.
q. 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 easement. In no case shall the utility be
less than 10 feet from the edge of easement.
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Village Homesites PUD Phases 1 and 2 Subdivision (#P-08004): Findings of Fact 9 of 13
r. 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.
s. 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.1 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.
t. 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.
u. All proposed private utilities to serve the subdivision shall be shown on the public
infrastructure plans and specifications.
3. The local subdivision review procedure provided for in Part 6 of the Montana Subdivision and Platting Act.
A subdivision preapplication was submitted in February 9, 2007. The preapplication was
reviewed by the DRC on February 28, March 6, and 17, 2007. The preapplication was
reviewed by the City Commission on April 23, 2007, and a copy of the staff report was
provided to the applicant. The applicant had until April 23, 2008 to submit a preliminary plat
application.
A preliminary plat application was submitted on June 27, 2007. On June 29, 2007, the
applicant was informed that staff was unable to determine that the applications are acceptable
for initial review. Additional information was submitted on these applications on January 11,
2008. On January 14, 2008, the applicant was informed that the applications did not contain
all of the required information and had been deemed unacceptable for initial review.
Additional information was submitted on the applications on April 17, 2008 and the required
acceptability letter was sent on April 30, 2008. The required adequacy letter was hand
delivered on May 21, 2008.
The preliminary plat was reviewed by the DRC on May 7, 14 and 21, 2008. On the third and
final week of DRC review, a conditional recommendation was forwarded for consideration
by the Planning Board and City Commission.
The hearings before the Planning Board and the City Commission have been properly
noticed, as required in the Bozeman Municipal Code. Public notice for this application was
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Village Homesites PUD Phases 1 and 2 Subdivision (#P-08004): Findings of Fact 10 of 13
placed in the Bozeman Daily Chronicle on Sunday, June 15 and 22, 2008. The site was
posted with a public notice on June 13, 2008. Finally, notice was sent to adjacent property
owners via certified mail, and to other property owners of record within 200 feet of the
subject property via first class mail, on June 13, 2008.
The subdivision staff report was drafted and forwarded with a recommendation of
conditional approval to the Planning Board for consideration at its July 1, 2008, public
hearing. The Planning Board’s advice and comments were forwarded to the City
Commission in Planning Board Resolution #P-08004. The subdivision staff report was
forwarded with a recommendation of conditional approval to the City Commission for
consideration. The City Commission will make a final decision at its July 21, 2008 public
hearing. A final decision for a major subdivision from a tract of record must be made within
60 working days of the date it was deemed adequate or in this case by August 18, 2008.
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.
Pursuant to Section 18.42.060, front yard utility easements shall be 10 feet wide, and shall
always be provided unless written confirmation is submitted to the Planning Department
from ALL utility companies providing service indicating that front yard easements are not
needed.
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.
THEREFORE, IT IS HEREBY ORDERED that the Preliminary Subdivision Plat of the
Village Homesites PUD Phases 1 and 2 Subdivision, for The Village Investment Group, Inc., be
approved subject to the following 22 conditions:
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Village Homesites PUD Phases 1 and 2 Subdivision (#P-08004): Findings of Fact 11 of 13
1. The request for a waiver under Section 18.42.180.C.5, Provision of Affordable Housing, to
designate 14 units in the Village Lofts multi family development as Restricted Size Dwelling
Units in an affordable housing complex is approved.
2. If required by the U.S. Army Corps of Engineers, the northwest boundary of Wetland #1 shall be
redelineated.
3. A scaled drawing identifying any nearby surface water occurrences; including watercourses,
wetlands, watercourse setbacks, floodplains, etc. shall be provided to verify that all BMC
requirements are met.
4. A scaled drawing showing the redelineation of Wetland #1 which includes updated
representative wetland boundaries and setbacks from those boundaries shall be provided. On that
map provide proposed site development including: infrastructure, trails bridges, stormwater
facilities and lot layout. Also show wetland or water features that occur on immediately adjacent
land to Village Homesites property – along any property boundary where proposed development
is planned.
5. Within a 50-foot buffer extending from the wetland boundary, measures should be taken to
protect existing trees. The final plat/plan submittal shall describe the preservation measures being
implemented to protect the existing trees.
6. No building shall be located within a 50-foot buffer extending from the wetland boundary.
7. Due to the small size of this mini park, the property owner’s association shall be responsible of
maintenance of the dedicated park in perpetuity.
8. The covenants shall address street trees, and shall include a planting note stating that the planting
hole shall be at least twice the diameter of the root ball, that the root flare of the newly planted
tree is visible and above ground, and there should be a mulch ring 3’ -4’ in diameter around each
newly planted boulevard tree.
9. Pursuant to Section 18.50.110, the developer shall install all trails/pathways. A minimum of 25
foot wide public access easement shall be provided for all trail/pathway corridors. Trail/pathway
locations and specifications shall be provided to the City Engineer for review and approval with
the public improvements plans and specifications.
10. All subdivision final plats shall comply with the final approved PUD plan.
11. The park shall be titled “Public Park”. The open space shall be titled “Open Space, Public
Access”. Notes shall be included on the plat and in the covenants describing ownership and
maintenance responsibility for all parks, open space, trail corridors, wetlands and/or other
common facilities and areas, e.g.: public park, dedicated to the city and maintained by the
property owners association; and open space, public access, owned by the property owners,
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Village Homesites PUD Phases 1 and 2 Subdivision (#P-08004): Findings of Fact 12 of 13
maintained by the property owners association, etc. Park land, open space areas, wetlands and
stormwater facilities shall not be titled as lots or tracts but shall be numbered.
12. Street lighting, including pathway intersection lighting, shall be installed by the subdivider.
Light locations and specifications shall be provided to the City Engineer for review and approval
with the public improvements plans and specifications. All street light poles shall be installed a
minimum of 10’ from any water or sewer main or appurtenance.
13. Water rights, or if water rights are not available cash-in-lieu thereof, as calculated by the City
Engineer, is due with the final plat, unless determined by the City Engineer to not be required.
14. 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.
15. 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.
16. All plans and specification shall comply with the current version (including all addenda) of the
City of Bozeman Design Standards and Specifications Policy and the City of Bozeman
Modifications To Montana Public Works Standard Specifications Fifth Edition that have been
adopted at the time of approval of the plans and specifications.
17. The final plat shall comply with the standards identified and referenced in the Bozeman
Municipal Code. The applicant is advised that unmet code provisions, or code provisions that are
not specifically listed as conditions of approval, does not, in any way, create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
18. A 60-foot right of way shall be provided from the terminus of Village Downtown Boulevard to
the property line at Front Street, and a waiver of right to protest creation of special improvement
districts (SIDs) for construction of the extension of Village Downtown Boulevard and Front
Street to North Broadway shall be provided.
19. The warrant analysis that was completed 2006 shall either be updated or a letter from the traffic
engineer submitted that certifies he has reviewed current traffic data and that the results of the
warrant analysis are still accurate. If a signal is now warranted, it shall be installed or financially
guaranteed prior to final plat approval. Any required improvements shall be installed and
accepted prior to issuance of any building permits.
20. The relocated storm drain line adjacent to lot 4J shall be shifted east to provide a minimum
clearance of 10’ from the property line.
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Village Homesites PUD Phases 1 and 2 Subdivision (#P-08004): Findings of Fact 13 of 13
21. All of the manholes on the portion of sewer main that is being abandoned shall be completely
removed. The abandoned sewer main shall either be completely filled with a lean concrete
mixture, or removed.
22. A street cut permit shall be obtained for the median relocation in Village Downtown Boulevard.
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 of the Bozeman Municipal Code, conditional approval of the Preliminary Plat shall be
in force for not more than one calendar year for minor subdivisions, two years for single-phased
major subdivisions and three years for multi-phased major subdivisions effective from the date of
adoption of these Findings by the City Commission. At the end of this period the City Commission
may, at the written request of the subdivider, extend its approval as provided for in Title 18 of the
Bozeman Municipal Code.
DATED this 18th day of August , 2008.
BOZEMAN CITY COMMISSION
By:
Kaaren Jacobson, Mayor
ATTEST:
Stacy Ulmen
City Clerk
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