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HomeMy WebLinkAbout09- Knolls East and Highland South Major Subdivision Findings of Fact and Order.~ The Knolls East and Highland South Ma'or Subdivision Findings of Fact and Order:. #P-07037 BEFORE THE BOZEMAN CITY COMMISSION GALLATIN COUNTY, MONTANA IN THE MATTER OF THE APPLICATION OF FINDINGS BOZEMAN DEACONESS HEALTH SERVICES, OF FACT REPRESENTED BY PC DEVELOPMENT, FOR AND ORDER PRELIMINARY APPROVAL OF THE KNOLLS EAST AND HIGHLAND SOUTH MAJOR SUBDIVISION. This matter came before the Bozeman City Commission on November 5, 2007 and November 3, 2008 for review and decision pursuant to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-625, Montana Codes Annotated, and the City of Bozeman Growth Policy and City of Bozeman Unified Development Ordinance. The applicant presented to the Commission a proposed Preliminary Subdivision Plat consisting of 337 single-household lots, 1 affordable multi-household residential lot, 1 mixed use/commercial lot, 44 attached single household and 8 affordable housing lots and the remaining area as parks, open spaces, streets and alleys on 214.16 acres, as submitted in its original form on July 24, 2007, #P-07037. Variances were requested from Section 18.44.060.D of the UDO, which specifies level of service standards for street intersections, to allow the development of the subject subdivision without level of service mitigation measures at the intersection of Haggerty Lane and East Main Street and to Sections 18.44.060 and 18.44.080, which specify City sidewalk standards, to construct asphalt shared use paths along Painted Hills Road, Kagy Boulevard and Highland Boulevard in place of City standard concrete sidewalks. r, The Knolls Eastand Highland South Major Subdivision Findings of Fact and Order' #P-07037 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 Bozeman Planning Board, to determine whether the plat should be approved, conditionally approved, or disapproved. It appeared to the Commission that all parties wishing to appear and comment were given the opportunity to do so, and therefore, being fully advised of all matters having come before it regarding this application, the Commission makes the following Findings of Fact, as required: FINDINGS OF FACT I. On July 24, 2007, Bozeman Deaconess Health Services, represented by PC Development, submitted an application for approval to create a Major Subdivision on 214.16 acres. The subject property is legally described as the Southern and Western portion of COS 2047, Tract 3, located in Section 17, T2S, R6E, P.M.M., Gallatin County, Montana. The property is annexed with preliminary zoning designations of R-1 (Residential Single-Household, Low Density District), R-2 (Residential Two-Household Medium Density District), B-1 (Neighborhood Business District) and B-2 (Community Business District). II. The comments of the Development Review Committee, along with those of the Planning & Community Development Staff, were incorporated into a staff report with suggested conditions of approval, which was provided to the City of Bozeman Planning Board. -2- f The Knolls East and Highland South Major Subdivision Findings of Fact and Order... #P-07037 III. Public notice was provided via publication of a legal notice in the newspaper on September 23, 2007, posting the subject property on September 21, 2007, and certified mailing of notices to adjacent property owners and first class mailing of notices to other property owners within 200 feet of the subject property on September 20, 2007. The City of Bozeman Planning Board held a public hearing on October 16, 2007. The Planning Board found that the application was properly submitted and reviewed under the procedures of the City of Bozeman Unified Development Ordinance. Staff reviewed the staff report and the evidence which justified the imposition of conditions. The Planning Board then opened the public hearing for public comment. One member of the public provided testimony expressing concern regarding the lack of a dust mitigation plan; the location of lots versus Subarea Plan designated open space and the lots backing up to the Highland Glen open space area and this area being designated private. Another member of the public spoke representing the Gallatin Valley Land Trust and expressed their overall support for the project and the trail system; their support for asphalt versus concrete shared use paths; and expressed a concern with labeling the open space area as private. The members of the City of Bozeman Planning Board discussed the phasing of Kagy Boulevard improvements, the designation of the open space areas, the two variance requests, a future fire station site, the double fronted lots and dust mitigation. The City of Bozeman Planning Board passed a motion to amend recommended condition number 5 and 17 as referenced in the minutes of said meeting. -3- The Knolls East and Highland South Major Subdivision Findings of Fact and Order #P-07©37 The City of Bozeman Planning Board reviewed the application against the requirements of the Montana Subdivision and Platting Act and found that, with conditions as recommended to be amended by the Planning Board, the Major Subdivision Preliminary Plat Application would comply with those requirements; and The City of Bozeman Planning Board moved to recommend conditional approval of the subdivision with the conditions as detailed in the staff report, and as amended by the Planning Board, and passed on a vote of 7-0. IV. The application was considered by the Bozeman City Commission at its regular meeting on November 5, 2007, at which time the recommendation of the Planning Board and information compiled by City staff was reviewed. V. A. Primary Review Criteria 1. Effects on Agriculture The property has been previously annexed and, while a significant portion has remained under cultivation, has been zoned and master planned for residential, commercial and parks and open space uses. 2. Effects on Agricultural Water User Facilities No effects on agricultural water user facilities have been identified for this project. -4- The Knolls East and Highland South Major Subdivision Findings of Fact and Order #P-07x37 3. Effects on Local Services The Bozeman 2020 Community Plan identifies this property as lying within the "Capital Facilities Overlay District" (Figure 6-Z). The "Capital Facilities Overlay District" is intended to establish a priority area for development within the larger scope of the Bozeman 2020 Community Plan future land use plan. This is an area within the long-range growth area of the City where services would be most efficiently provided in the near term and where development in the near term would advance the goals of the 2020 Plan. Water/Sewer. Water and sewer main extensions and upgrades will be required to serve this development. Therefore, 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 to substantial completion and City acceptance of required water and sewer infrastructure improvements. The Engineering Department recommended conditions requiring that the water main in Kagy Boulevard shall be a minimum 14" diameter as shown in the Water Facility Plan and the short piece of 6" main running west from the intersection of Highland Boulevard must also be replaced with a 14" main. The water main in Bozeman Trail Road shall be a minimum 10" diameter as shown in the Water -5- The Knolls-East and Highland South Major Subdivision Findings of Fact and Order #P-07037 Facility Plan. The Engineering Department also recommended that sewer flow monitoring be performed as part of the design report for each phase (beginning with phase 2) to determine if offsite improvements are needed to provide adequate capacity. If it is determined that offsite improvements are needed at that time, they shall be constructed and accepted prior to issuance of building permits for that phase. The master planned line sizes shown in the Wastewater Facility Plan shall be installed for all trunk mains within the subdivision and downstream offsite sewer improvements that are required to provide the necessary capacity. Pursuant to section 18.42.070.3 of the UDO, sewer and water mains shall be stubbed out to the boundary of the subdivision to provide future service to adjoining undeveloped land. Police/Fire. The property is located 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. -6- The Knolls East and Highland South Major Subdivision Findings ofi Fact and Urder #P-©7t)37 In November of 2006, the City Commission adopted the Bozeman Fire Protection Master Plan. The Fire Master Plan identified current and future service delivery deficiencies and outlined timetables for future facilities and staffing to address the growing community. The Plan identified the need for a future fire station in the southeast quadrant of the City along Kagy Boulevard between Highland Boulevard and Bozeman Trail Road to service this growth area. In addition, the adopted Bozeman Deaconess Health Services Subarea Plan discussed the potential for a fire station site to serve this area near the intersection of Kagy Boulevard and Bozeman Trail Road. As part of this project, the Fire Department recommended a condition (identified as condition #20) that Final Plat approval for any phases of the Knolls East and Highland South shall not be granted until an appropriate fire station site within the area defined in the adopted Bozeman Fire Protection Plan (i.e. on Kagy Boulevard, or on a road nearly adjacent to Kagy Boulevard, between Highland Boulevard and Bozeman Trail Road) has been secured. Streets. Several existing street and intersection improvements will be required to accommodate this development. This includes improvements of Highland and Kagy Boulevards, Bozeman Trail and the intersections of Highland and Kagy Boulevards and Kagy Boulevard and S. Church Avenue as analyzed in the Traffic Impact Study (TIS) completed for this project by Engineering, Inc.. The -7- The'iCnolls East and Highland South Major Subdivision Findings of Factand Order #P-07037 Engineering Department recommended a condition that all improvements necessary to provide adequate level of service at the intersections analyzed in the TIS must be installed or financially guaranteed prior to the filing of the plat for each phase unless a variance is granted by the City Commission. No building permits will be issued for a phase until all improvements required for the phase are installed and accepted. Approval of the TIS must be obtained from the Montana Department of Transportation and for all improvements along Kagy Boulevard, Highland Boulevard and Main Street. 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. No building permits will be issued prior to substantial completion and City acceptance of required street infrastructure improvements (with the exception of sidewalks). The Planning and Engineering Departments recommended many conditions to ensure that the street improvements installed with this development will adequately address the traffic and transportation impacts being created by this development. -8- The Knolls East and Highland South Major Subdivision 1=lndings of Fact and Order #P-07037 Stormwater. The standard requirement for a 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. Provisions for routing of major storm events (100 year) either through pipe, surface flow, or a combination thereof shall be provided for any major drainage courses that are being cut off. Parks/Trails. Based on 486 dwelling units at 0.03 acres of parkland per dwelling unit, 14.58 acres of dedicated parkland is required with this major subdivision. The applicant proposed approximately 34.79 acres of parkland identified in their application as "Dedicated Parks" (17.125 acres) and "Dedicated Linear Parks" (17.665 acres). Staff questioned whether all of the proposed "Dedicated Linear Parks" should be accepted by the City as dedicated parkland. The proposed linear parks in question would be the three along the major streets (i.e. Painted Hills Road, Highland Boulevard and Kagy Boulevard). Transportation pathways (i.e. the trails along Painted Hills, Highland Boulevard and Kagy) may be considered as public parkland, but not used to satisfy parkland dedication requirements (Section 18.44.110.B of the UDO). The three proposed dedicated park areas that can be counted include the Highland -9- The Knolls #=ast and Highland South Major Subdivision Findings of Fact and Order #P-07037 Green Park (12.1 acres), Highland Trails Park (4.97 acres) and the Hyalite Hollow Linear Park connecting Highland Green Park to Highland Boulevard (approx. 7.8 acres). Including these areas as dedicated parkland, even upon subtracting the identified wetlands and wetland setback areas (approximately 1.8 acres in these three areas), provides approximately 23.1 acres of dedicated parkland which meets the dedicated parkland requirement for this project. The Recreation and Parks Advisory Board (RPAB) reviewed this issue and indicated "that the project provides far in excess of the 14.5 acres of dedicated parkland required. The question of whether the City should accept all the trails and linear buffer areas as parkland is a maintenance issue that is contingent on the Local Park Maintenance District decision and should be determined by staff. This question has no impact on meeting the required dedication. " The Parks and Recreation Director has indicated that "Highland Green Park (12.1 acres), Highland Trails Park (4.97 acres) and the Hyalite Hollow Linear Park connecting Highland Green Park to Highland Boulevard (approx. 7.8 acres) should be counted toward park land dedication requirements." Condition #2 addresses this recommendation. In addition, with the exclusion of the linear park areas along Painted Hills Road and Kagy Boulevard as dedicated parkland, there is no proposed dedicated -10- The Knolls East and Highland South Major Subdivision Findings of Fact and Order #P-07037 parkland in phase 1 of the proposed subdivision (which contains approximately 104 dwelling units). Condition #3 requires that the developer/property owner shall provide public ski trail easements from Kagy Boulevard to Lindley Park, (and as detailed in the submitted trails master plan), as part of the final plat submittal for Phase 1 of the project. Staff and the RPAB agreed that the Highland Green Park area adequately serves as a Neighborhood Center for the development as required under Section 18.42.020.E of the UDO and as originally proposed in the adopted Subarea Plan. The applicant has proposed that all features within Highland Green Park, Highland Trails Park, Painted Hills Road Linear Park, and Hyalite Hollow Linear Park be maintained by the City and that a Park Maintenance District be established to fund such maintenance. The RPAB indicated that "the institution of a subdivision specific Park Maintenance District appears to be a reasonable compromise to the maintenance issues that have been discussed in the past and will surely arise from the development of so much parkland and open space. However, there are some questions that must be resolved by the City legal staff' and Parks Department before moving ahead here." The Parks and Recreation Director similarly recommended "that we investigate the feasibility of a Park Maintenance District for this subdivision to allow for a consistent and acceptable The Knolls East and Highland South Major Subdivision Findings of Fact and Order #P-07037 level of maintenance. of the park land within the development. There are some legal and practical issues that need to be examined before this option can be pursued." Condition #12 addresses this issue. If a Park Maintenance District can not be implemented, alternative maintenance provisions, most likely with Homeowner Association maintenance responsibilities, will be required as part of the Final Park Plan review. The Bridger Ski Foundation (BSF) has suggested the possibility of partnering with the developer and/or City to construct amulti-purpose building on the west end of the proposed Highland Green Park. This building would be used by the BSF during winter months to store their grooming equipment and to run their ski programs out of. The RPAB has indicated that they "view this as an appropriate public private venture but feel that it should be noted that the design and construction must be done with the full approval of PC Development and the City Parks Department. " The Parks and Recreation Director indicated that "while I feel this would be a good use of park land and a significant benefit to the community, there needs to be much more planning and discussion prior to the approval of such a facility." Condition #52 addresses this issue. As called for in the adopted Subarea Plan, there are also several neighborhood "pocket park" open spaces, (totaling approximately 10 acres), interspersed -12- The Knolls East and Highland South Major Subdivision Findin s of Fact and Order #P-07037 throughout the development. These spaces are primarily intended to serve the needs of the residents that reside in the neighborhoods. These areas will be landscaped and feature active recreation opportunities such as playgrounds for school-aged children and basketball courts for teenagers and adults. As shown in the applicant's trail master plan, these areas are proposed to be connected to each other and the larger perimeter trail system with pedestrian corridors and sidewalk or other trail connections. Overall, there are approximately 15 miles of off-street trails and sidewalks included in this proposal including Class I, II, III and IV trails through the park and open space areas. These trails will connect to other existing area trails, (e.g. Painted Hills Trail and Burke Park and Chris Boyd Trail System), and will be open to the public. Two new public parking areas are proposed to be constructed at Highland Green Park, (towards the center of the development), and Highland Trails Park, (near Kagy and Bozeman Trail Road), to help serve the expanding trail system in this area. There are several other conditions related to parks and trails for this project including conditions 2-14, 27, 51 and 52 as detailed or explained further in the staff report for said project. -13- The Knolls East and Highland South Major Subdivision Findings of Fact and Order #P-©7037 The Final Park and Trail Master Plan must provide an improvements schedule that outlines those improvements to be installed by the developer, by the home owner's association, and/or by others, as well as the improvements schedule for completion. Condition #4 has been included to require that all trail and public access easements shall be drafted for review and approval by the City prior to final plat approval for each respective phase of the project with said easements specifying trail preparation and maintenance responsibilities. Utilities. There are existing power, cable and phone utilities in the vicinity. The preliminary plat shows 10-foot utility easements being provided along the fronts of the lots. Letters from the applicable utility companies, excluding Qwest, were provided indicating that service can be provided to this new development. 4. Effects on the Natural Environment As required, an approved noxious weed management and re-vegetation plan was provided with the preliminary plat application. (Section 18 of the applicant's submittal materials). A Memorandum of Understanding must be entered into with the County Weed Board prior to submittal of the final plat. The location of the wetlands and significant vegetation are located in the protected open space areas. Any trail crossings of the wetland areas will occur only with the approval of 310 and/or 404 Permits from the Gallatin County -14- The Knolls East and Highland South Major Subdivision Findin s of Fact and Order #P-07037 Conservation District and the Army Corp of Engineers. Groundwater quality will be protected by the installation of municipal sewer systems. Finally, the applicants provided a letter from the State Historic Preservation Office regarding cultural resources on the subject property. The letter from SHPO indicates that there is a low likelihood that cultural properties will be impacted. A condition of approval states that should historical, cultural and/or archeological materials be inadvertently discovered during construction of this project, the State Historical Preservation Office (SHPO) and the Bozeman Historic Preservation Office shall be contacted immediately and construction activities shall cease. 5. Effects on Wildlife and Wildlife Habitat The majority of the key wildlife habitat for this property lies within the protected Highland Glen Preserve area along the eastern portion of the project. The Montana Department of Fish, Wildlife and Parks has been contacted regarding this proposal but no comments have been received. A condition has been included which indicates that should any species of concern, as defined by the Montana Natural Heritage Program, be discovered on-site during construction, the Montana Department of Fish, Wildlife and Parks and the Montana Natural Heritage Program shall be contacted immediately and construction activities shall cease. -15- The Knolls East and Highland Sovth Major Subdivision Findings of Fact and Order #P-07037 6. Effects on Public Health and Safety The intent of the regulations in the Unified Development Ordinance is to protect the public health, safety and general welfare. The subdivision has been reviewed by the Bozeman Development Review Committee (DRC), the City of Bozeman Planning Board and the City Commission which has determined that it is in general compliance with the title. Any other conditions deemed necessary to ensure compliance have been noted. B. Compliance with the survey requirements provided for in Part 4 of the Montana Subdivision and Platting Act. The property in question has been surveyed and platted in conformance with the Montana Subdivision and Platting Act and filed as a preliminary plat in accordance with the state statute and the Bozeman Municipal Code. C. Compliance with the Bozeman Unified Development Ordinance. The following requirements are standards of the Unified Development Ordinance and shall be addressed with the final plat submittal: a. 18.42.030.D "Corner Lots" -The homeowner's association documents shall provide language stating that all corner lots shall have the same orientation as dwellings on lots on -16- The Knolls East and Highland South Major Subdivision Findings of Fact and Order #P-07fl37 the interior of the block. b. 18.04.050 -Water rights, or cash-in-lieu thereof, as calculated by the City Engineer's Office, is due with each final plat of the major subdivision. c. 18.42.100.B.6 "Setback Planting" - A setback planting plan shall be prepared for all watercourse setbacks for review and approval prior to commencement of development or site preparation. A qualified landscape professional shall either document that the current watercourse setback planting plan meets the requirements of Section 18.42.100 of the BMC or a watercourse setback planting plan shall be prepared by a qualified landscape professional and shall be reviewed and approved by the Planning Department prior to the commencement of development or site preparation. The plan shall include a schedule for planting and landscaping as outlined for Zone 1 and Zone 2 outlined in Section 18.42.100 of the BMC. d. 18.42.060.B.1.a "Private Utilities" -The final plat and homeowner's association documents shall contain a note stating that if a utility easement is greater than the building setback required by the U.D.O. said easement shall apply. e. 18.44.120 "Public Transportation" -Any interior and exterior development streets that are designated as transit routes shall be designed to accommodate transit vehicles and facilities. -17- The 1Cnoils East and. Highland South Major Subdivision Findings of Fact and Order #P-07037 f. 18.46.020.B "Parking Within Structures" -The homeowners' association documents shall include the minimum provisions for one-stall and two-stall car garages as outlined by Administrative Policy No. 2007-03. g. 18.50.080.D "Storm Water Detention/Retention Ponds" -The park master plan shall provide a grading and landscape plan for any storm water facilities located in dedicated parklands. Maximum grading of said facilities and design shall be such that the facility serves as a landscape feature and further complies with 18.48.050.E "Maximum Allowable Slope or Grade" of the U.D.O. h. Per Section 18.50.090 of the BMC, executed waivers of right to protest creation of special improvement districts (SIDs) for a park maintenance district shall be executed and submitted with the final plat to be filed with the Gallatin County Clerk and Recorder at the time of final plat recordation. i. 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 trails, snow removal, and other areas common to the association pursuant to Chapter 18.72 of the Bozeman Municipal Code. -18- The Knolls East and Highland South Major Subdivision Findin s of Fact and Order #P-07037 1. These documents shall include a common area and facility maintenance plan and guarantee 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. 2. These documents shall be submitted to the city attorney and shall not be accepted by the city until approved as to legal form and effect. A draft of these documents must be submitted for review and approval by the Planning Department at least 45 working days prior to filing and recordation with the Gallatin County Clerk and Recorder. 3. These documents shall be executed and submitted with the final plat to be filed with the Gallatin County Clerk and Recorder at the time of final plat recordation. j. Section 18.78.070.D of the BMC 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 of the BMC. k. 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 -19- the Knolls Eas# and Highland South Major Subdivision Findings of'Fact and Order #P-07037 documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The Final Plat application shall include four (4) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies on adouble-sided, high density 3-1/2" floppy disk; and five (5) paper prints. 1. Pursuant to Section 18.06.040.D.6 of the BMC, conditional approval of the Preliminary Plat shall be in force for not more than one calendar year for minor subdivisions, two years for single-phased major subdivisions and three years for multi-phased major subdivisions. Prior to that expiration date, the developer may submit a letter of request for the extension of the period to the Planning Director for the City Commission's consideration. The City Commission may, at the written request of the developer, extend its approval for no more than one calendar year, except that the City Commission may extend its approval for a period of more than one year if that approval period is included as a specific condition of a written subdivision improvements agreement between the City Commission and the developer, provided for in § 18.74.060, BMC. m. Per Section 18.42.050, utilities shall be placed underground, wherever technically and economically feasible. If overhead utility lines are used, they shall be placed along the rear property line. -20- The Knolls East and Highland South Major Subdivision Endings of Fact and Order #P-07037 n. Per Section 18.42.120, if mail will not be to each individual lot within the development, the developer shall provide anoff-street area for mail delivery within the development in cooperation with the United States Postal Service. It shall not be the responsibility of the City to maintain or plan any mail delivery area constructed within a City right-of--way. o. 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. A landscape plan shall be submitted, identifying the location and tree species to be installed by the developer, prior to installation of the trees or by final plat, whichever comes first. p. All improvements are subject to Chapter 18.74 "Improvements and Guarantees." If it is the developer's intent to file the plat prior to the completion of all required improvements, an Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval. If the final plat is filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150 percent of the cost of the remaining improvements. q. The final plat must be in compliance with all requirements of Section 18.78.070 "Final Plat," including, but not limited to the following items: 1. 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 -21- The Knolls East and Highland South Major Subdivision Findings of Fact and Order #P-07037 Planning Department prior to final plat approval. 2. The final plat submittal shall include 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 stable base polyester film (or equivalent); two (2) digital copies on adouble-sided, high density 3'/z-inch floppy disk or compact disk; and five (5) paper prints. 3. Final Park Plan. For all land used to meet parkland dedication requirements, a final park plan shall be submitted to the City of Bozeman for review and approval prior to final plat. The installation of any park improvements to meet minimum development standards or conditions of approval shall comply with Chapter 18.74, BMC. The final park plan shall be reviewed and approved by the City Commission, with a recommendation from the Bozeman Recreation and Parks Advisory Board. The final park plan shall include all of the information listed in § 18.78.060.P of this chapter. 4. Irrigation System As-Builts. The developer shall provided irrigation system as-builts, for all irrigation installed in public rights-of--way and/or land used to meet parkland dedication requirements, once the irrigation system is installed. The as-builts shall include the exact locations and type -22- The Knolls East and Highland South Major Subdivision Findings of Fact and Order #P-07037 of lines, including accurate depth, water source, heads, electric valves, quick couplers, drains and control box. r. 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 -23- 'fhe Knolls East and Highland South Major Subdivision Findings of Fact and girder #P-07037 established based on maximum site development. Final facility sizing may be reviewed and reduced during design review of the FSP for each lot. s. 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 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. t. 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 -24- The Knolls East and Highland South Major Subdivision findings of Fact and Order. #P-07037 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. u. The location of existing water and sewer mains shall be properly depicted. Proposed main extensions shall be noted as proposed. v. 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. w. 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. -25- The Knolls East and Highland South Major Subdivision Findings of Fact and Order #P-07037 x. Project phasing shall be clearly defined including installation of infrastructure. y. 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. z. 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. aa. 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. -26- The Knolls East and Highland South Major Subdivision findings of Fact ctnd Order #P-07037 bb. All proposed private utilities to serve the subdivision shall be shown on the public infrastructure plans and specifications. D. Compliance with the required subdivision review process. The public hearings before the Planning Board and City Commission were properly noticed as required by the Bozeman Unified Development Ordinance. The notice was mailed to all adjoining property owners by certified mail and noticed in the Bozeman Daily Chronicle. Based on the recommendation of the DRC and other applicable review agencies, as well as any public testimony received on the matter, the Bozeman Planning Board forwarded a recommendation in a Resolution to the Bozeman City Commission who made the final decision on the request. E. Provision of 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. F. Provision of legal and physical access to each parcel. The proposed lots will gain access from frontage on internal local streets or alleys. The final plat shall include a public access easement for all areas labeled as "open space" and for all streets/alleys if they are not dedicated to the public in order to comply with Section 18.44.090.B of the UDO. -27- The Knolls East and Highland South Major Subdivision Findings of Fact and Order #P-07037 ORDER After considering all matters of record presented at the public hearing on November 5, 2007, the Bozeman City Commission approved the variance from Section 18.44.060.D of the UDO, which specifies level of service standards for street intersections, to allow the development of the subject subdivision without level of service mitigation measures at the intersection of Haggerty Lane and East Main Street on a 3 to 2 vote. The commission also denied the variance to Sections 18.44.060 and 18.44.080, which specify City sidewalk standards, to construct asphalt shared use paths along Painted Hills Road, Kagy Boulevard and Highland Boulevard in place of City standard concrete sidewalks on a 3 to 2 vote. The Commission then tabled the application, at the applicant's request, in order for the applicant to have time to fully analyze the motion (amendments) being considered by the Commission as noted in the minutes from said November 5, 2007 meeting. On October 6, 2008, the applicant requested that the City Commission place the Preliminary Plat back on the City Commission public hearing agenda. On October 20, 2008, the City Commission placed the Preliminary Plat back on the City Commission public hearing agenda for November 3, 2008. On November 3, 2008, the City Commission re-opened the public hearing for the Preliminary Plat to take public comment and consider the new information presented by the applicant in response to the amendments considered by the City Commission at the November 5, 2007 meeting. Following deliberation, and vote as noted in the minutes from said meeting, the Commission found, on a 4-1 vote that the proposed subdivision would comply with the City of Bozeman -28- The Knolls East and Highland South Major Subdivision Findin s of Fact and Order #P-07037 Growth Policy, the requirements of the City of Bozeman Unified Development Ordinance and the Montana Subdivision and Platting Act, 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 Knolls East and Highland South Major Subdivision for the property owners, Bozeman Deaconess Health Services, be approved, subject to the following conditions: 1. 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. 2. Subject to the review and recommendation of the Recreation and Parks Advisory Board, the Parks and Recreation Superintendent and final approval by the City Commission, only the proposed Highland Green Park, Hyalite Hollow Linear Park and Highland Trails Park shall be credited as dedicated parkland. The linear areas proposed as dedicated parkland along Painted Hills Road, Kagy Boulevard and Highland Boulevard shall not be accepted or credited as dedicated parkland. Based on 486 dwelling units at 0.03 acres per dwelling unit, 14.58 acres of dedicated parkland is required with said major subdivision. Documentation of satisfaction of parkland dedication requirements in accordance with Section 18.50.020 of the -29- The Knolls East and Highland South Major Subdivision Findings of Fact and Order #P-07037 BMC shall be provided. A table showing the computed park areas shall be included on the final plat pursuant to Section 18.78.070.D of the BMC. This table shall include but is not limited to detention/retention areas, watercourse, wetlands, watercourse setbacks, park land, and total area. 3. As there is no proposed dedicated parkland in phase 1 of the proposed subdivision with the exclusion of the linear park areas along Painted Hills Road and Kagy Boulevard, the developer/property owner shall provide public ski trail easements from Kagy Boulevard to Lindley Park, (and as detailed in the submitted trails master plan), as part of the final plat submittal for Phase 1 of the project. This shall include construction of the two (2) grade separated crossings (i.e. underpasses) of Kagy Boulevard as proposed in the subdivision park and trail plan. These grade separated crossings shall be completed in conjunction with the Kagy Boulevard improvements required to be completed as part of Phase 1 development. 4. All trail and public access easements shall be drafted for review and approval by the City prior to final plat approval for each respective phase. Said easements shall specify trail preparation and maintenance responsibilities for all trails. 5. All dedicated park lands shall be titled "Public Park" on the final plat. The open space shall be titled "Open Space, Public Access". Notes shall be included on the plat describing -30- The Knolls East and Highland South Major Subdivision Findin s of Fact and Order #P-07037 ownership and maintenance responsibility for both the park and open space areas, (e.g. public park, dedicated to the city and maintained by the homeowners association and/or future Park Maintenance District, etc.). The following language shall be noted on the face of the plat: "All areas labeled as Public Open Space do allow for public access. Acceptable activities in these areas include walking, hiking, running, bicycling, and picnicking. Bicycle activities are restricted to the designated trails. Organized picnicking may take place only in designated areas. All wetlands and associated vegetation within the boundaries of the Open Space are protected by the Federal Government and shall not be damaged or destroyed." During final park plan review for the Highland Green Park, signage within the Nature Preserve corridor shall also be addressed that states the acceptable activities. 6. Dedicated park land shall have frontage along 100 percent of its perimeters on public or private streets, unless otherwise noted and as reviewed and permitted under Section 18.50.060 through the construction of pedestrian access, off street parking and improvements within the park area as approved in the respective final park plan(s). This further implies that all streets adjacent to parkland for each phase of the major subdivision must be improved with said phase. 7. The Final Park Plan(s) shall include: a. Current and future site plan(s) for the entire property with the current plan showing developer installed improvements and the future plan showing any planned -31- The Knolls East and Highland South Major Subdivision Findings of Fact and girder #P-07037 improvements not intended to be installed by the developer; b. The location of watercourse setbacks; c. Park landscaping plan, prepared by a qualified landscape professional in accordance with § 18.78.100; d. Trail design and construction showing compliance with adopted City standards and trail classifications; e. The requirement for a preconstruction meeting prior to any site work, including trails; f. Appropriate sections from the "Design Guidelines for City of Bozeman Parks "; g. Cost estimate and installation responsibility for all improvements; 8. Sidewalks along park land should be constructed to a six foot width to accommodate snow removal equipment. 9. Fences located in the front, side or rear yard setback of properties adjacent to any park or open space shall not exceed a maximum height of 4 feet, and shall be of an open construction designed in a manner to be consistent along all park land and open space areas. This requirement with appropriate exhibits of fence types shall be addressed and illustrated in the home owner's association documents. 10. The public access easement(s) for the Highland Glen Nature Preserve Area, or any other public trail easements, shall not be closed either temporary or permanently without the -32- The Knolls East and Highland South Major Subdivision Findings:.©t Fact and Order #P-07037 approval of the developer and/or future homeowners association and the City of Bozeman. Language shall be included in the public access and trail easements to this affect. 11. The homeowner's association documents for this project shall specifically address the requirement for coordinated landscaping along the lots backing up to the Highland Glen Nature Preserve Open Space area. This requirement with appropriate exhibits of required landscaping shall be addressed and illustrated in the homeowner's association documents. The homeowner's association documents shall also clearly address the presence of the public trails and the potential for early or late hour ski trail grooming or snowmaking activities on the ski trails in the subdivision. 12. The applicant shall proceed with implementation of a park maintenance district with assistance by City Staff for the maintenance of all dedicated parkland improvements. A draft of the park maintenance district shall be submitted to the Planning Office for review at least sixty (60) days before submitting for final plat approval of the 2"d phase of the subdivision where these park areas shall be dedicated and constructed. If a park maintenance district cannot be implemented, alternative maintenance provisions shall be addressed as part of the Final Park Plan submittal and review. 13. 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 -33- The Knolls East and Highland Sovth;Major Subdivision Findings of Fact and Order #P-07fl37 proposed wetland trail crossings and any required permits (i.e. 310 and/or 404 permits) shall be obtained for these crossings prior to final plat approval of the respective phases containing these improvements. 14. The final plat shall include a public access easement for all areas labeled as "open space" and for all streets/alleys if they are not dedicated to the public in order to comply with Section 18.44.090.B of the UDO. 15. A notation on the final plat and in the homeowner's association documents shall be provided noting that no direct access from individual lots onto Kagy Boulevard or Highland Boulevard is permitted. 16. A notation on the final plat and in the homeowner's association documents shall be provided noting that all lots along Painted Hills Road that are provided with alley access shall take access only from said alley. 17. The homeowner's association documents shall also specify that all homes backing to Kagy Boulevard and Highland Boulevard shall contain enhanced architectural details presented to these roads so as not to present a typical "back yard" or rear home view. This shall include double fronted home designs, including having a true front presentation towards these arterials with porches, front doors, no garage fronts, and coordinated 4' tall (maximum) -34- The Knolls East and Highland South Major Subdivision Findings of fact and Order.. #P-07037 fencing with gates/openings and walkway connections providing access to the streetscape and sidewalk system. 18. To ensure a quality urban design along Painted Hills Road, the homeowner's association documents shall specify that all homes along Painted Hills Road, regardless of access location, shall have enhanced architectural detail presented to Painted Hills Road similar to what is required for the lots adjacent to the arterial streets of Kagy Boulevard and Highland Boulevard. 19. Future final plats shall be conditioned upon compliance with the Bozeman Deaconess Health Service Affordable Housing Plan which was adopted by the City of Bozeman on August 21, 2006 (with the changes to the plan as referenced in the City of Bozeman approval letter of August 22, 2006). Final plat notes, deed restrictions and the homeowner's association final subdivision covenants shall specify the requirements for each of the designated affordable housing lots in accordance with the requirements of said Affordable Housing Plan. The rights, duties, responsibilities, requirements, deed restrictions, covenants, homeowner's association regulations and like documents shall be the same for all households in the subdivision and, with the exception of those requirements necessary to meet income restrictions, city ordinances and code, and affordability guidelines, there shall be no discriminating between homeowners based upon income levels or housing prices. -35- `The Knolls East and Highland South Major Subdivision Findings of Fact and Order #P-07037.. 20. Final Plat approval for any phases of the Knolls East and Highland South shall not be granted until an appropriate fire station site within the area defined in the adopted Bozeman Fire Protection Plan, (i.e. on Kagy Boulevard, or on a road nearly adjacent to Kagy Boulevard, between Highland Boulevard and Bozeman Trail Road), has been secured. 21. Trees may not be located within 10 feet of sewer and water services. Sewer and water services shall be shown on the landscaping plan of the park and open space plan, and approved by the Water/Sewer Superintendent. 22. Homeowner's association documents shall address the requirements for street trees, a City of Bozeman planting permit for street trees and obtaining utility locates before any excavation begins in the City of Bozeman right-of--way. 23. Subdivision lighting SILD information shall be submitted to the Clerk of Commission after Preliminary Plat approval in hard copy and digital form. The final plat will not be deemed complete until the resolution to create the SILD has been approved by the City Commission. 24. The final plat for each subdivision phase shall identify the remainder, (of each phase of the subdivision), of the original tract of record to be platted as an undevelopable lot in accordance with §18.74.080.B.6, BMC, with the following language placed on each undevelopable lot of the final plat "Lot development subject to further subdivision review." -36- fhe Knolls East and Highland South Major Subdivision Findings of Fact and Order.. #P-07037 No public improvements shall be required for the undevelopable lot until it is subdivided as a lot which is not subject to this restriction. 25. The 5 lots located in the Hillcrest East portion in Phase 4 that are just under 5,000 sf in size shall be increased to meet the minimum required lot size of 5,000 sf in accordance with Section 18.16.040 of the UDO. 26. The lot numbering for Phase 1, Block 3 shall be corrected as there should not be duplicate lot numbers 12, 13 and 14 in this block. 27. A pedestrian right-of--way shall be provided in Block 1 .between Phase 1 and 3 to provide pedestrian access to the open space area to the west of Street C in compliance with section 18.42.040.D of the UDO unless a variance is requested and granted by the City Commission. 28. The applicant shall provide the surveyed location and any respective easement for the existing overhead electrical transmission line that traverses the property to verify that said location does not impact any proposed lot locations or dedicated park improvements. 29. Should historical, cultural and/or archeological materials be inadvertently discovered during construction of this project, the State Historical Preservation Office (SHPO) and the Bozeman Historic Preservation Office shall be contacted immediately and construction activities shall cease. -37- The Knolls East and Wighland South Major Subdivision Findings of Fact and Order #P-07037 30. Should any species of concern, as defined by the Montana Natural Heritage Program, be discovered on-site during construction, the Montana Department of Fish, Wildlife and Parks and the Montana Natural Heritage Program shall be contacted immediately and construction activities shall cease. 31. 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 and code provisions listed in the staff report have been satisfactorily addressed. En ineering Office: 32. A 1' No Access Strip shall be shown on the plat along the entire lot frontage of Kagy Boulevard, Highland Boulevard, and Bozeman Trail Road. 33. The north half of Kagy Boulevard shall be improved to the 2 lane principal arterial standard as specified in the Transportation Plan along the entire frontage of the subdivision. This shall include tapers on the east end meeting AASHTO standards unless the transition can be entirely made at the intersection with Bozeman Trail Road. The required right of way dedication for Kagy is 60' from the section line. Phase 1 improvements to Kagy shall be constructed from Highland to the east edge of Phase 1. -38- The Knolls East and Highland South Major Subdivision Findings of Fact and Order #P-07037 34. The west half of Bozeman Trail Road shall be improved to the 2 lane minor arterial standard as specified in the Transportation Plan along the entire frontage of the subdivision. This shall include tapers on the north end meeting AASHTO standards to transition back to existing roadway. The required right of way dedication for Bozeman Trail is 50' from the section line. 35. The east half of Highland Boulevard shall be constructed to the section approved for the Knolls along the frontage of the subdivision including tapers meeting AASHTO requirements to transition back to the existing road width. The required right of way dedication for Highland Blvd. is 50'. 36. Road geometry should meet the criteria in the COB design standards unless a deviation can be justified. The justification must include calculations to support the reduced standards. 37. A temporary turnaround shall be installed at the end of any dead end street which is more than 1 lot long. This shall include dead ends created by project phasing. All phases shall have an approved secondary access. 38. Public access easements shall be provided for any pedestrian facilities located outside of the dedicated right of way. -39- the Knolls East and Highland South Major Subdivision Findings of Fact and Order #P-07037 39. All improvements necessary to provide adequate level of service at the intersections analyzed in the Traffic Impact Analysis (TIS) must be installed or financially guaranteed prior to filing of the plat for each phase unless a variance is granted by the City Commission. No building permits will be issued for a phase until all improvements required for the phase are installed and accepted. Approval of the TIS must be obtained from the Montana Department of Transportation and for all improvements along Kagy Boulevard, Highland Boulevard, and Main Street. 40. The City cannot grant an exemption from the MDEQ review of plans and specifications. A master facilities exclusion form will be provided upon request following preliminary plat approval. 41. Access Permits for the intersections, and Occupancy Permits for water and sewer mains and services within the State's right-of--way must be obtained from the Montana Department of Transportation. 42. The water main in Kagy Boulevard shall be a minimum 14" diameter as shown in the Water Facility Plan. The short piece of 6" main running west from the intersection of Highland must also be replaced with a 14" main. -40- The Knolls fast and Highland South Major Subdivision Endings of Facf and Order #i'-07037 43. The water main in Bozeman Trail Road shall be a minimum 10" diameter as shown in the Water Facility Plan. 44. Sewer flow monitoring shall be performed as part of the design report for each phase (beginning with phase 2) to determine if offsite improvements are needed to provide adequate capacity. If it is determined that offsite improvements are needed at that time, they shall be constructed and accepted prior to issuance of building permits for that phase. The master planned line sizes shown in the Wastewater Facility Plan shall be installed for all trunk mains within the subdivision and downstream offsite sewer improvements that are required to provide the necessary capacity. 45. Radiuses to accommodate turning movements shall be installed at all alley intersections. 46. The sidewalks adjacent to Highland Boulevard, Kagy Boulevard, and Bozeman Trail Road shall be a minimum 6'wide, 6" thick, and shall be installed at the time the street improvements are done. 47. Pursuant to section 18.42.070.3 of the UDO, sewer and water mains shall be stubbed out to the boundary of the subdivision to provide future service to adjoining undeveloped land. -41- The Knolls East and Highland South Major Subdivision Findings of Fact and girder # P-07037 48. All weather access roads shall be provided to any sewer manholes within the subdivision that are not located within public right of way. 49. Alleys that contain public utilities (water and/or sewer) shall be 30' wide, and shall not contain any other utilities i.e. gas, electric, etc. 50. An overall grading plan shall be provided for the subdivision which addresses cuts and fills on site, and routing of stormwater from all existing drainage gullies. Provisions for routing of major storm events (100 year) either through pipe, surface flow, or a combination thereof shall be provided for major drainage courses that are being cut off. 51. The proposed shared use path in lieu of a sidewalk along Painted Hills Drive, Kagy Boulevard and Highland Boulevard shall be concrete unless a variance is requested and granted by the City Commission. 52. The Final Plat shall specify that the 0.86 acre lot located adjacent to the Highland Green Park shall be reserved for the primary use of a community sponsored, non-profit organization or organizations that provide outdoor recreational opportunities for residents of the Gallatin Valley in the spirit of the representations made by the applicant as part of this application. The final design and use of this lot and facility will be further reviewed and approved by the City Parks and Recreation Advisory Board and the City Commission -42- The Knolls East and Highland South Major Subdivision Findings. of Fact and Order #P-0]g37 as part of the Final Park Plan for the Highland Green Park. 53. The applicant be required to have a dust mitigation plan developed. 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. The preliminary approval of this subdivision shall be effective for three years 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 the Bozeman Unified Development Ordinance. DATED thisl7th day of February, 2009. ATTEST: V~ S EN City BOZEMAN CITY COMMISSION KAAREN JACQL SEN, Mayor APPROVED AS TO FORM: ~ ov ~^ TIM COOPER Assistant City Attorney -43- Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Doug Riley, Associate Planner SUBJECT: Knolls East and Highland South Subdivision Findings of Fact - #P-07037 MEETING DATE: February 17, 2009 Consent RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the preliminary plat of the Knolls East and Highland South Major Subdivision. BACKGROUND: On November 5, 2007 and November 3, 2008, the City Commission held a public hearing on an application for preliminary approval of the Knolls East and Highland South 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 far the condition imposition; 2) the evidence that justifies the condition imposition; and 3) information regarding the appeal process for the condition imposition. Attached to this memorandum is the Findings of Fact and Order to serve as the Commission's statutorily required written statement. The City Attorneys Office has reviewed the document and it is now ready for execution. FISCAL EFFECTS: Fiscal impacts are undete~-~nined 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 feel free to email Doug Riley at driley(c~bozeman.net if you have any questions prior to the meeting. APPROVED BY: Andrew Epple, Planning Director Chris Kukulski, City Manager Attachments: Proposed Findings of Fact for the Knolls East and Highland South Major Subdivision 44 The Knolls East and Highland South Major Subdivision Findings.of Fact and Order #P-07037 BEFORE THE BOZEMAN CITY COMMISSION GALLATIN COUNTY, MONTANA IN THE MATTER OF THE APPLICATION OF FINDINGS BOZEMAN DEACONESS HEALTH SERVICES, OF FACT REPRESENTED BY PC DEVELOPMENT, FOR AND ORDER PRELIMINARY APPROVAL OF THE KNOLLS EAST AND HIGHLAND SOUTH MAJOR SUBDIVISION. This matter came before the Bozeman City Commission on November 5, 2007 and November 3, 2008 for review and decision pursuant to the Montana Subdivision and Platting Act, Section 76-3-1O1 through 76-3-625, Montana Codes Annotated, and the City of Bozeman Growth Policy and City of Bozeman Unified Development Ordinance. Tlie applicant presented to the Commission a proposed Preliminary Subdivision Plat consisting of 337 single-household lots, 1 affordable multi-household residential lot, 1 mixed use/commercial lot, 44 attached single household and 8 affordable housing lots and the remaining area as parks, open spaces, streets and alleys on 214.16 acres, as submitted in its original form on July 24, 2007, #P-07037. Variances were requested from Section 18.44.060.D of the UD4, which specifies level of service standards for street intersections, to allow the development of the subject subdivision without level of service mitiga#ion measures at the intersection of Haggerty Lane and East Main Street and to Sections 1$.44.060 and 18.44.080, which specify City sidewalk standards, to construct asphalt shared use paths along Painted Hills Road, Kagy Boulevard and Highland Boulevard in place of City standard concrete sidewalks. 45