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HomeMy WebLinkAbout09- Mandeville Major Subdivision Findings of Fact and Order Mandeville Major Subdivision Findings of Fact and Order #P-08008 BEFORE THE BOZEMAN CITY COMMISSION GALLATIN COUNTY, MONTANA IN THE MATTER OF THE APPLICATION OF THE FINDINGS CITY OF BOZEMAN, REPRESENTED BY GREAT OF FACT WEST ENGINEERING, FOR PRELIMINARY AND ORDER APPROVAL OF THE MANDEVILLE MAJOR SUBDIVISION. This matter came before the Bozeman City Commission on December 1, 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 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 22 M-2 (Manufacturing and Industrial District) lots and the remaining area as open spaces, streets and alleys on 85.35 acres, as submitted in its original form on July 15, 2008, #P-08008. Variances were requested from Section 18.44.060.D of the Bozeman Municipal Code, 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 Oak and North Seventh Avenue and to Section 18.42.040 to exceed the block length and width standards of the Bozeman Municipal Code. 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. Mandeville Major Subdivision Findings of Fact and Order #P-08008 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 15, 2008, the City of Bozeman, represented by Great West Engineering, submitted an application for approval to create a Major Subdivision on 85.35 acres. The subject property is legally described as Lots lA, 2A, 3A, and 4A of C.O.S. 2153, N.W. '/a and N.E. '/a of Sec. 36. T.1 S, R.SE, City of Bozeman, Gallatin County, Montana. The property is annexed with a zoning designation of M-2 (Manufacturing and Industrial 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. III. Public notice was provided via publication of a legal notice in the newspaper on October 26, 2008, posting the subject property on October 23, 2008, 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 October 22, 2008. The City of Bozeman Planning Board held a public hearing on November 18, 2008. The Planning Board found that the application was properly submitted and reviewed under the -2- ., Mandeville Major Subdivision Findings of Fact and Order #P-08008 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. No members of the public spoke regarding the proposed subdivision. The Chair of the City's Wetlands Review Board spoke regarding the submittal of additional materials for the Wetlands Review Board's review, the correction of the wetland setbacks, and the wetlands near the proposed road crossings. The members of the Planning Board discussed the open space, sidewalk and trail connections, stormwater management, wetlands, future design considerations for development, municipal facilities within the subdivision, the positive economic aspects of the project and the two requested variances. The Planning Board reviewed the application against the requirements of the Montana Subdivision and Platting Act and found that, with conditions, the Major Subdivision Preliminary Plat Application would comply with those requirements; and The Planning Board indicated their support for the two requested variances and passed a motion on a 5-0 vote to forward a recommendation of approval to the City Commission for Subdivision Preliminary Plat Application #P-08008 with the proposed staff conditions along with three additional considerations: the applicant consider the incorporation of storm water sustainability into the proposal; the applicant consider improvements at the off-site intersections to address pedestrian deficiencies; and the applicant present the final plan/plat to the Wetlands Review Board prior to final approval. -3- :. Mandeville Major Subdivision Findings of Fact and Order #P-08008 IV. The application was considered by the Bozeman City Commission at its regular meeting on December 1, 2008, 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 it has remained under cultivation, has been zoned and master planned for industrial development as proposed in this application. 2. Effects on Agricultural Water User Facilities No effects on agricultural water user facilities have been identified for this project. 3. Effects on Local Services 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. -4- Mandeville Major Subdivision Findings of Fact and Order #P-08008 The Engineering Department made several recommended conditions and cited code provisions regarding final water and sewer design. Sewer flow monitoring will have to be performed as part of the design report to determine if off-site improvements are needed to provide adequate capacity. If it is determined that off-site improvements are needed, they shall be constructed and accepted prior to issuance of building permits for the development. 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. This property is not located within the fire service area of Fire Station #1 or #2 as indicated in Figure 11-1 of the Bozeman 2020 Plan. It is indicated as being within a 6 minute current deployment travel time of Fire Station #1 on Figure 16 of the 2006 -Fire Protection Master Plan. According to Figure 61, it is located within the 4 minute response time of the future Fire Station #7. However, there was significant discussion regarding the reservation of a lot in this project for a future fire station during the Pre-Application Review. The Fire Department included a recommendation that Lot 11, or another suitable lot to the City of -5- Mandeville Major Subdivision Findings of Fact and Order #P-08008 Bozeman Fire Department, shall be reserved for the site of a future fire station (Condition 5). Streets. Several existing street and intersection improvements will be required to accommodate this development. This includes improvements, including installation of a signal, at the intersection of the new Wheat Drive and Highway 10 and intersection improvements at W. Griffin and N. 7th Avenue as analyzed in the Traffic Impact Study (TIS) completed for this project. The Engineering Department recommended a condition (Condition 23) 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 and improvements must be obtained from the Montana Department of Transportation. 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 -6- Mandeville Major Subdivision Findings of Fact and Order #P-08008 exception of sidewalks). The DRC and Engineering Department 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. These include conditions 20, 21, 22, 23, 24 and 28. 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. Utilities. There are existing power, cable and phone utilities in the vicinity. The preliminary plat shows 20-foot utility easements being provided along the fronts of the lots. 4. Effects on the Natural Environment As required, an approved noxious weed management and re-vegetation plan was provided with the preliminary plat application. A Memorandum of Understanding must be entered into with the County Weed Board prior to submittal of the final plat. -7- Mandeville Major Subdivision Findings of Fact and Order #P-08008 The location of the wetlands and limited existing natural vegetation is primarily located along Mandeville Creek in the protected open space areas. Any road/trail crossings of the wetland areas will occur only with the approval of 310 and/or 404 Permits from the Gallatin County Conservation District and the Army Corp of Engineers. Groundwater quality will be protected by the installation of municipal sewer systems. 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. 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 Very little year round wildlife habitat exists on the property. The provision of the protected open space along Mandeville Creek and the plantings within this area will create some habitat for small animals and birds. The Montana Department of Fish, Wildlife and Parks were been contacted regarding this proposal but no comments have been received. Staff recommended a condition that should any species of concern, as defined by the Montana Natural Heritage Program, be -8- Mandeville Major Subdivision Findings of Fact and Order #P-08008 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 (Condition 19). 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) 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 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: -9- Mandeville Major Subdivision Findings of Fact and Order #P-08008 a. 18.04.050 -Water rights, or cash-in-lieu thereof, as calculated by the City Engineer's Office, is due with the final plat of the subdivision. b. 18.42.060.B.1.a "Private Utilities" -The final plat and association documents shall contain a note stating that if a utility easement is greater than the building setback required by the Title 18 of the B.M.C. said easement shall apply. c. 18.44.O10.H. "Second or Emergency Access" - To facilitate traffic movement, the provision of emergency services and the placement of utility easements, all developments shall be provided with a second means of access. If, in the judgment of the Development Review Committee (DRC), a second dedicated right-of--way cannot be provided for reasons of topography or other physical conditions, the developer shall provide an emergency access, built to the standards detailed in these regulations. d. 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. e. 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 -10- Mandeville Major Subdivision Findings of Fact and Order #P-08008 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. f. 18.50.080.D "Storm Water Detention/Retention Ponds" - 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. g. Covenants, restrictions, and articles of incorporation for the creation of a property owners' association shall be submitted with the final plat application for review and approval by the Planning Office and shall contain, but not be limited to, provisions for assessment, maintenance, repair and upkeep of common open space areas, public parkland/open space corridors, stormwater facilities, public trails, snow removal, and other areas common to the association pursuant to Chapter 18.72 of the Bozeman Municipal Code. 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, Mandeville Major Subdivision Findings of Fact and Order #P-08008 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. h. The Final Plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Final Subdivision Plats and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The Final Plat application shall include four (4) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies on a double-sided, high density 3-1/2" floppy disk; and five (5) paper prints. i. 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 -12- Mandeville Major Subdivision Findings of Fact and Order #P-08008 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. j. 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. k. 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 plow any mail delivery area constructed within a City right-of--way. 1. 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. m. 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 -13- Mandeville Major Subdivision Findings of Fact and Order #P-08008 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. n. 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 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 %2-inch floppy disk or compact disk; and five (5) paper prints. 3. Irrigation System As-Builts. The developer shall provided irrigation system as-Builts, for all irrigation installed in public rights-of--way. The as- Builts shall include the exact locations and type of lines, including accurate -14- Mandeville Major Subdivision Findings of Fact and Order #P-08008 depth, water source, heads, electric valves, quick couplers, drains and control box. o. 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 detention/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 sites, 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 park or 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 in easements within privately owned lots. While the runoff from the individual lots will be dependent on the intensity of use on -15- Mandeville Major Subdivision Findings of Fact and Order #P-08008 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. p. Plans and specifications and a detailed design report for water and sewer main extensions, streets and storm drainage facilities, prepared by a Professional Engineer (PE) registered in the state of Montana, shall be provided to and approved by the City Engineer. Water and sewer plans shall also be approved by the Montana Department of Environmental Quality. The Applicant shall also provide Professional Engineering services for Construction Inspection, Post-construction Certification, and preparation of mylar Record Drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and apre-construction conference has been conducted. All plans and specifications 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. -16- Mandeville Major Subdivision Findings of Fact and Order #P-08008 q. 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 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. r. All proposed private utilities to serve the subdivision shall be shown on the public infrastructure plans and specifications. s. The location of and distinction between existing and proposed sewer and water mains and all easements shall be clearly and accurately depicted on the plans, as well as all nearby fire hydrants and proposed fire hydrants. t. Any easements needed for the water and sewer main extensions shall be a minimum of -17- Mandeville Major Subdivision Findings of Fact and Order #P-08008 30 feet in width with the utility located in the center of the easement. In no case shall the utility be less than 10 feet from the edge of the easement. All necessary easements shall be provided prior to final plat approval and shall be shown on the plat. u. Street names must be approved by the Gallatin County GIS office and City Engineering office prior to final plat approval. v. 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. w. The location of mailboxes shall be coordinated with the City Engineering Department prior to their installation. x. The Montana Department of Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineer's shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to plan and specification approval. y. If construction activities related to the project result in the disturbance of more than I acre of natural ground, an erosion/sediment control plan may be required. The Montana Department of Environmental Quality may need to be contacted by the Applicant to -18- Mandeville Major Subdivision Findings of Fact and Order #P-08008 determine if a Stormwater Discharge Permit is necessary. If a permit is required by the State, the Developer shall demonstrate to the City full permit compliance. 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. 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 -19- Mandeville Major Subdivision Findings of Fact and Order #P-08008 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 the subdivision. F. Provision of legal and physical access to each parcel. The proposed lots will gain access from frontage on proposed internal local streets (Wheat and Redwing Drive). (1R T)FR After considering all matters of record presented at the public hearing on December 1, 2008, as noted in the minutes from said meeting, the Bozeman City Commission found, on a 4-1 vote, that the proposed subdivision, including the granting of the two requested variances, would comply with the City of Bozeman 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 -20- Mandeville Major Subdivision Findings of Fact and Order #P-08008 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 Mandeville Major Subdivision for the property owners, City of Bozeman, be approved, subject to the following conditions: Planning Office: 1. The Final Plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Final Subdivision Plats. 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. 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 noted code provisions have been satisfactorily addressed, and shall include a digital copy (pdf) of the entire Final Plat submittal. This narrative shall be in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. 3. The open space area along Mandeville Creek shall be titled "Open Space, Public Access" on the final plat and a Class IIB non-motorized gravel fines trail shall be provided in this open -21- Mandeville Major Subdivision Findings of Fact and Order #P-08008 space area. Notes shall be included on the final plat describing ownership and maintenance responsibilities for all open space areas. 4. Proposed Lot 5 and 6 shall be reconfigured or combined to make Lot 6 conforming to the lot width standards of Section 18.20.040 and 18.80.1720 and drive separation requirements of Section 18.44.090.C.2.c of the BMC. 5. Lot 11, or another lot suitable to the City of Bozeman Fire Department, shall be reserved for the site of a future fire station. 6. The watercourse setback along Mandeville Creek shall be clearly designated on the final plat and shall be extended to the edge of the delineated 100 year floodplain and/or designated wetland boundaries in accordance with Section 18.42.100.B.3.d ofthe BMC. 7. The landscaping plan and property owner's association documents for this project shall specifically address the requirement for coordinated landscaping along the open space and Lot 1 which back up to the 50' I-90 entryway setback. This landscaping shall be installed as part of initial subdivision development. 8. The covenants and property owner association documents shall include a section for architectural and landscaping guidelines that will assist in the orderly development of the -22- Mandeville Major Subdivision Findings of Fact and Order #P-08008 subdivision as a unified plan. A good example to consider is the guidelines for the industrial subdivision on Manley Road (i.e. Gallatin Park Subdivision). These guidelines shall be submitted and reviewed as part of the Final Plat submittal. 9. The surveyed location and any respective easement(s) (or lease information) for the existing communication tower located on proposed Lot 12 shall be provided on or with the final plat application as appropriate. 10. Provisions shall be made fora 25' trail easement along the northern portion of Lot 12, or easement provisions be retained along abandoned Redwing Drive north of Lot 12, to allow for additional future pathway/trail connections to the south and north. 11. The northern portion of Lot 1, (located on the northeast side of the rail spur easement), shall be clearly identified as being part of Lot 1 and shall be designated on the plat and property owner association documents as to any building, access or use restrictions due to being dissected by the rail spur easement. 12. A soils report, along with building plans, shall be submitted to the Building Division recommending types of foundations. 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 -23- Mandeville Major Subdivision Findings of Fact and Order #P-08008 Final Plat shall include a notation that due to high ground water conditions full or partial basements are not recommended. 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 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. A coordinated fencing plan shall be developed for all open space areas. This requirement, with appropriate exhibits of fence types, shall be addressed and illustrated in the property owner association documents and submitted as part of the Final Plat submittal. 15. 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. The covenants 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. -24- Mandeville Major Subdivision Findings of Fact and Order #P-08008 16. 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. 17. 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. 18. 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. 19. 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. En in~~: 20. Wheat Drive and Redwing Drive, within the property boundary, shall be improved as part of this development, to a 35 foot wide local standard as shown in the Greater Bozeman Area -25- Mandeville Major Subdivision Findings of Fact and Order #P-08008 Transportation Plan 2001 Update. Wheat Drive, from State Highway 10 to and along the northern property boundary and from the southern property boundary to Mandeville Road, would be required to be improved to a 35 foot wide local standard, as shown in the Greater Bozeman Area Transportation Plan 2001 Update, prior to issuance of any building permits for the development. City standard curb and gutter, and sidewalk shall be provided in the standard location along both sides of the streets. Except no sidewalks are required along the portion of Wheat Drive from the southern property boundary to Mandeville Road. Detailed review of the street and intersection design, and approval by the City Engineer will be required as part of the infrastructure plan and specification review process. 21. A schematic signage plan for the subdivision, noting any proposed traffic calming measures, shall be provided with the design report for review and approval by the City Engineer. 22. The existing Redwing Drive shall be completely removed from the intersection of State Highway 10 and Reeves Road to N 7th Avenue. 23. All improvements necessary to provide adequate level of service at the intersections (i.e. State Highway 10/Reeves Road/Redwing Drive, N 7th Avenue/Griffin Drive/Mandeville Road, and N 7th Avenue/Oak Street) analyzed in the Traffic Impact Study (TIS) must be installed or financially guaranteed prior to filing of the plat unless a variance is granted by the City Commission. No building permits will be issued until all required improvements are -26- Mandeville Major Subdivision Findings of Fact and Order #P-08008 installed and accepted. Approval must also be obtained from the Montana Department of Transportation for the TIS and for all improvements along State Highway 10/N 7t'' Avenue, Griffin Drive, and Oak Street. 24. 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. 25. Sewer flow monitoring shall be performed as part of the design report to determine if offsite improvements are needed to provide adequate capacity. If it is determined that offsite improvements are needed, they shall be constructed and accepted prior to issuance of building permits for the development. The master planned line sizes shown in the Wastewater Facility Plan shall be installed for all trunk mains within the subdivision and the downstream offsite sewer improvements that are required to provide the necessary capacity. 26. 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. 27. Provide water and sewer services to each lot. No sewer service is shown for Lot 12 and none of the water services are shown. -27- Mandeville Major Subdivision Findings of Fact and Order #P-08008 28. A 30 foot wide alley shall be provided over any sanitary sewer main within the subdivision that is not located under improved streets. 29. Provide 10 ft minimum clearance from the fire hydrants to street lights, junction boxes, and signs. 30. The proposed subdivision lies within the Solvent Site Water Main Payback District. Unless it has already been addressed, this payback is to be fulfilled prior to issuance of building permits. The adopted commission resolution requires the pro-rated cost of the water main to be paid prior to connecting to city services. The calculated rate for this payback is as follows: Rate = $0.082/square foot + Consumer Price Index Adjustment (CPIA) FYI: The following are comments to the design reports and other documents in the preliminary plat submission: a. Sections 18 and 19 - A 124 permit will be required instead of a 303 permit since the City is the developer. b. Section 30, Water Main Extension Design Report -The water model should be redone. -28- Mandeville Major Subdivision Findings of Fact and Order #P-08008 The 1500 gpm fire flow is too low for an industrial development. Use 8 inch diameter pipe instead of 10 inch diameter, unless the design indicates a larger diameter is necessary. Provide a new PRV instead of a parallel water main. The references to the COB Design Standards are outdated. c. Section 31, Sanitary Sewer Main Extension Design Report -Include in the calculations the sanitary sewer flow from the undeveloped property to the south (DNRC). Determine if the combined flow necessitates upsizing the downstream sanitary sewer main. Figure 3 shows an existing 12" sewer main but the City records show it as 10". d. Section 32, Grading and Stormwater Analysis Report - (1) Refine the calculations for the post development rate. The runoff coefficient C=0.6 is too low for industrial development. (2) Use COB Design Standards for the gutter spread depth and calculations. Use a 25- year storm instead of 10-year storm in the gutter spread calculations. (3) The orifice sizing allows less flow out than the pond is sized for. Either adjust the orifice size or the pond size. (4) Provide the storm sewer calculations. (5) Page 3, 1. Existing Basin Characteristics, first paragraph -Edit this paragraph to correspond with the requirements of section 18.58.090 B.2. of the UDO. (6) Pages 15 and 17, 1. Storm Water Maintenance Plan -The retention and detention -29- Mandeville Major Subdivision Findings of Fact and Order #P-08008 ponds, and any storm sewer on private property shall be maintained by the HOA, not the City of Bozeman. Maintenance by the City of Bozeman is limited to the storm sewer and inlets within the right-of--way. (7) Include the culvert sizes and calculations for the creek crossings of Wheat Drive and Redwing Drive at Spring Creek. Further considerations of the Planning Board: 31. The applicant shall consider the incorporation of stormwater sustainability into the project, consider improvements at the off-site intersections to address pedestrian deficiencies, and present the final plan/plat to the Wetlands Review Board prior to final approval. 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 two 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 this 6`h day of April, 2009. -30- Mandeville Major Subdivision Findings of Fact and Order #P-08008 BOZEMAN CITY COMMISSION KAAREN JACO SON, Mayor ATTEST: - APPROVED AS TO FORM: ~ vo ST CY MEN, _ MC T COOPE City Cler - Assistant City Attorney -31-