HomeMy WebLinkAboutFindings of Fact and Order for the Preliminary Plat of Laurel Glen Subdivision, Phase 3 and 4
REPORT TO: Honorable Mayor and City Commission
FROM: Dave Skelton, Senior Planner
Andrew Epple, Planning Director
Chris Kukulski, City Manager
SUBJECT: #P-07051 - Laurel Glen Subdivision, Phase 3 and 4
Findings of Fact and Order
MEETING DATE: August 24, 2009
ACTION ITEM TYPE: Consent Agenda
RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the
preliminary plat of Laurel Glen Subdivision, Phase 3 & 4.
BACKGROUND: On April 6, 2009, the City Commission held a public hearing on an application for
preliminary plat approval of the Laurel Glen Subdivision, Phase 3 and 4, to subdivide 68.912 acres and
create 70 single-family household lots, 37 two-household lots, 1 multi-family lot, 7 high density
residential lots, a neighborhood center, and the remaining area as parkland, open space, streets and
alleys. The Commission approved the proposed subdivision, subject to conditions to ensure the final
plat would comply with all applicable regulations and all required criteria. State law provides that the
governing body shall “provide a written statement to the applicant detailing the circumstances of the
condition imposition.” The statement must include 1) the reason for the condition imposition; 2) the
evidence that justifies the condition imposition; and 3) information regarding the appeal process for the
condition imposition. Attached to this memo is the Findings of Fact and Order to serve as the
Commission’s statutorily required written statement.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property
tax revenues from new development, along with increased costs to deliver municipal services to the
property.
ALTERNATIVES: As suggested by the City Commission.
Attachments: Findings of Fact and Order for the Laurel Glen Subdivision, Phase 3 & 4
Preliminary Plat Exhibit
Commission Memorandum
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Laurel Glen Subdivision, Phase 3 & 4 – Findings of Fact and Order 1
BEFORE THE BOZEMAN CITY COMMISSION
IN THE MATTER OF THE APPLICATION OF FINDINGS OF FACT
HINESLEY DEVELOPMENT COMPANY, LLC FOR AND ORDER
PRELIMINARY PLAT REVIEW OF LAUREL GLEN
SUBDIVISION, PHASE 3 & 4, CITY OF BOZEMAN,
GALLATIN COUNTY, MONTANA
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, public hearings were scheduled, after notice given, before the Bozeman
Planning Board on March 17, 2009, and before the Bozeman City Commission on April 6, 2009, on
the above-entitled application. The applicant presented to the City Commission a proposed
preliminary plat to subdivide 68.912± acres and create 70 single-family household lots, 37 two-
household lots, 1 multi-family lot, 7 high density residential lots, a neighborhood center, and the
remaining area as parkland, open space, streets, and alleys.
The application for preliminary plat review includes a request by the applicant for variances to
Section 18.42.040.B “Block Length” of the Bozeman Municipal Code, to exceed the maximum block
length of 400 feet for Block 20, 21, 22, 29, 30, and 31; and to Section 18.42.040.B “Block Length”, to
allow blocks with lengths less than 300 feet for Block 23 and 24.
The purpose of the public hearings was to consider all relevant evidence relating to public
health, safety, and welfare, including the required environmental assessment and recommendation of
the Planning Board, to determine whether the plat should be approved, conditionally approved, or
disapproved.
It appeared to the City Commission that all parties and the public wishing to appear and
comment were given the opportunity to do so, and therefore, being fully advised of all matters having
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Laurel Glen Subdivision, Phase 3 & 4 – Findings of Fact and Order 2
come before it regarding this application, the City Commission makes the following Findings of Fact,
as required:
FINDINGS OF FACT
I.
The complete application for the preliminary subdivision plat review of Laurel Glen
Subdivision, Phase 3 & 4, a residential mixed-use major subdivision, was submitted to the City of
Bozeman Department of Planning and Community Development by C & H Engineering & Surveying,
Inc., on November 21, 2007. The subject property is legally described as Lot 2 and Lot 3, Minor
Subdivision No. 201, located in the S1/2 of Section 4, T2S, R5E, P.P.M., City of Bozeman, Gallatin
County, Montana.
II.
On December 20, 2007 the consulting firm of C & H Engineering & Surveying, Inc.,
representing Hinesley Development Company, LLC, granted an extension to the statutory 60-day
review period to consider modifications to the preliminary plat application as recommended by the
Development Review Committee, Wetlands Review Board, and Recreation and Parks Advisory Board
regarding wetlands delineation, park land dedication, variances to the Unified Development Ordinance,
BMC, and resolution of double-frontage lots onto a minor arterial road.
III.
On January 16, 2009 a revised preliminary plat application was submitted to the City of
Bozeman Department of Planning and Community Development by C & H Engineering & Surveying,
Inc. On February 18, 2009 the Development Review Committee found that the preliminary plat
application and required elements containing detailed, supporting information was deemed adequate
for continued review.
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Laurel Glen Subdivision, Phase 3 & 4 – Findings of Fact and Order 3
The preliminary subdivision plat, as modified, will subdivide 68.912± acres and create 70
single-family household lots, 37 two-household lots, 1 multi-family lot, 7 high density residential lots,
a neighborhood center, and the remaining area as parkland, open space, streets, and alleys. All lots
will be served by City of Bozeman water and sanitary sewer services and accessed by public streets
and alleyways with the extension the West Oak Street, Annie Street, and the existing street network of
Laurel Glen Subdivision, Phase 1 and 2. All interior local subdivision streets and alleyways will be
constructed to City street standards within dedicated public rights-of-way.
IV.
Notice of a public hearing before the City of Bozeman Planning Board and before the Bozeman
City Commission was published in the Bozeman Daily Chronicle on March 8, 2009 and the notice was
posted at the site and mailed by Certified mail, return receipt requested, to all adjoining property
owners within 200 feet of the subject property on March 6, 2009.
V.
The City of Bozeman Planning Board heard the matter of preliminary subdivision plat review
of Laurel Glen Subdivision, Phase 3 and 4 on March 17, 2009.
The Planning Staff reviewed the project at that time and discussed the recommended conditions
of the Development Review Committee and local review agencies, applicant’s request for variances to
the Unified Development Ordinance, mix of land uses, subdivision design modifications, wetlands,
parkland dedication, trials, mid-block crossings, transportation improvements, and storm water runoff
facilities.
The Planning Staff reported that no written public testimony on the matter of the preliminary
plat application was received by the Planning Office.
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Laurel Glen Subdivision, Phase 3 & 4 – Findings of Fact and Order 4
Matt Cotterman, C & H Engineering & Surveying, Inc., representing Hinesley Development
Company, LLC, discussed the revisions to the subdivision design, requested variances to the Unified
Development Ordinance, wetlands, parkland, trail system, and mid-block crossings.
The Planning Board then opened the public hearing on said matter with one member of the
general public providing testimony with regard to the need for public parkland, playground equipment,
and the potential traffic impacts onto the existing street network in Phase 1 and 2 of the major
subdivision.
Ted Lange, representing the Gallatin Valley Land Trust discussed the public trail system in the
area of the proposed subdivision and the importance of public pathways along the Baxter Creek
corridor. Mr. Lange commented in favor of the applicant’s redesign of the subdivision to address the
concerns identified by the Gallatin Valley Land Trust.
VI.
The members of the Planning Board discussed the requested variances to the Unified
Development Ordinance, extension of Christian Way to the south, mid-block crossings, public
pathways, provisions for noxious weed control, street and pedestrian connections with Durston Road,
and explanation of the difference between variances and engineering deviations to the Unified
Development Ordinance.
The members of the Planning Board then considered amendments to the recommended
conditions of the Planning Office regarding storm water discharge into a watercourse or ditch,
extension of public trails and/or the street Christian Way through Block 20, 21, and Block 22, and the
connection of Immanuel Way with Durston Road.
After reviewing the staff recommendation, hearing the applicant’s presentation, public
testimony on the matter, and finding that the Preliminary Plat was properly submitted and reviewed
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Laurel Glen Subdivision, Phase 3 & 4 – Findings of Fact and Order 5
under the procedures of the City of Bozeman Unified Development Ordinance, Title 18, BMC, and the
adopted growth policy, the Planning Board moved to recommend conditional approval of the
subdivision with conditions recommended by the Planning Staff with modifications to condition #6
regarding the extension of Christian Way as a pedestrian pathway in-lieu of a street.
The recommendation of the Planning Board further included: 1) approval of the variances to
Section 18.42.040.B “Block Length” of the Bozeman Municipal Code, to exceed the maximum block
length of 400 feet for Block 20, 29, 30, and 31; and to Section 18.42.040.B “Block Length”, to allow
blocks with lengths less than 300 feet for Block 23 and 24, and 2) denial of the variance request to
Section 18.42.040.B “Block Length” of the Bozeman Municipal Code, to exceed the maximum block
length of 400 feet for Block 21 and 22.
The Planning Board further directed the applicant to resolve the storm water discharge into a
watercourse with the ditch company prior to the City Commission hearing and directed Planning Staff
to pursue a legal opinion from the City Attorney’s Office regarding the implementation of the
homeowner’s association documents.
VII.
The Planning Board found that with the recommended conditions as outlined in the staff report
and modification of condition #6 to require Christian Way to be extended to the intersection with
Glenkirk Drive as a Type II pedestrian pathway, and that the subdivision would comply with the
primary review criteria, and therefore voted 6-1 to forward a recommendation of conditional approval
to the Bozeman City Commission as set forth in Planning Resolution No. P-07051.
VIII.
The matter of preliminary plat review of Laurel Glen Subdivision, Phase 3 & 4, was considered
at a public hearing before the City Commission on Monday, April 6, 2009.
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Laurel Glen Subdivision, Phase 3 & 4 – Findings of Fact and Order 6
The Planning Staff reviewed the project at that time and forwarded the Planning Board's
recommendation with regard to the requested variances and recommendation of conditional approval
of the preliminary plat as set forth in Planning Resolution No. P-07051.
Matt Cotterman of C & H Engineering and Surveying, Inc., engineering consultant for Hinesley
Development Company, LLC, discussed issues related to street design, mid-block crossings, requested
variances to the Unified Development Ordinance, dedicated parkland and trails, subdivision
modifications, and storm water runoff.
IX.
The public hearing portion on this matter was then opened to hear public testimony on the
matter with no members of the general public offering comment on the matter of the preliminary plat
application. Ted Lange of Gallatin Valley Land Trust provided general support of the modifications to
the trails system as part of the preliminary plat application.
The City Commission considered the staff report prepared by the Planning Staff and
Development Review Committee, and the recommendation of the Planning Board and then discussed
mid-block crossing specifications, extension of Christian Way and Immanuel Way, and pedestrian
trails and pathways.
X.
The City Commission then considered the minutes of the Planning Board meeting, Resolution
of the Planning Board, Planning Office staff report, public record, the developer's testimony, and
weighed the proposed subdivision against the primary criteria for consideration of subdivisions
established in Title 76-3-608, and found as follows:
A. Primary Review Criteria
1. Effects on Agriculture
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Laurel Glen Subdivision, Phase 3 & 4 – Findings of Fact and Order 7
The property has been previously annexed and is no longer in agricultural use. The first two
phases of a four-phased subdivision have already been platted and substantially developed.
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
The Bozeman 2020 Community Plan identifies this property as lying within the “Capital
Facilities Overlay District” (Figure 6-2). 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 has commented that property owners dependent on the sewage lift
station will be responsible for financing the costs of its operation and maintenance, which will
be the responsibility of the City. 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.
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 does
not identify any specific improvements required with this development.
Streets. Several new and existing street improvements will be required to accommodate this
development. This includes improvements of Durston Road and West Oak Street. as analyzed
in the Traffic Impact Study (TIS) completed for this project by Marvin & Associates. The City
Engineer’s Office has listed code provisions and specific subdivision conditions of approval in
their memorandum dated February 18, 2009 and are attached to this staff report.
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
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Laurel Glen Subdivision, Phase 3 & 4 – Findings of Fact and Order 8
to substantial completion and City acceptance of required street infrastructure improvements
(with the exception of sidewalks).
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 115 residential lots ranging from R-1 to R-4 density at 0.03 acres of
parkland per dwelling unit, 5.5102 acres of dedicated parkland is required with this major
subdivision. An additional 3.4281 acres is required for the balance of Phase 1 & 2. The total
parkland to be dedicated is thus 8.9383 acres. This includes a 0.7071 acre credit for workforce
housing.
The Recreation and Parks Advisory Board reviewed the proposal on January 30, 2009 and
generally recommends approval of the parks master plan. The RPAB recommends that the
applicant give close attention to the design of all mid-block crossings, that the existing gravel
pit pond in the public park be filled so it may be developed for recreational activities, and that
the two 0.06 acre parks, Park B and C not be dedicated but remain as open space owned and
maintained by the homeowner’s association. The advisory board also recommended that the
developer proceed immediately with development of the park west of Baxter Creek for
residents in Phase 1 & 2 (see attachment “C”)
The Gallatin Valley Land Trust commented on the subdivision’s trail system on February 17,
2009 and mirrored the recommendation of the RPAB on the importance of the Baxter Creek
corridor trails. The GVLT recommended specific details on the placement of mid-block
crossings with local streets and further recommended reconsideration of the detention pond and
trail orientation at the Sherwood Way crossing. The agency also recommended that the west
boundary alignment of Lot 2 and Lot 3, Block 31 be adjusted to create a straight line to
broaden the Baxter Creek corridor (see attachment “D”).
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.
Utilities. The subdivider will be responsible to extend power, cable and phone utilities to the
subdivision location. Private utilities are in the vicinity, but extensions will be needed. The
preliminary plat shows utility easements being provided along the alleyways and in the fronts
of the lots without alley access. Letters from the applicable utility companies 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 original preliminary plat application for Phase 1-4 on November 26, 2003 (see Appendix C
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Laurel Glen Subdivision, Phase 3 & 4 – Findings of Fact and Order 9
of the applicant’s submittal materials). A new Memorandum of Understanding must be entered
into with the County Weed Board prior to submittal of the final plat(s) for Phase 3 & 4. Both
the City Engineer’s Office and County Weed Control Office have expressed concern with the
control of noxious weeds with multi-phased subdivisions, including Laurel Glen Subdivision.
Due to the level of noxious weeds within the subdivision, it is recommended that the applicant
financially guarantee the control of noxious weeds by a certified applicator for a minimum of
two years upon preliminary plat approval.
The location of the wetlands and significant vegetation located in the subdivision has already
been discussed by staff. The City Wetland Review Board has reviewed the new design for
subdivision against the proposed impacts to the jurisdictional wetlands and is generally in favor
of the proposed subdivision. The Wetlands Review Board reviewed the applicant’s response to
the seven points discussed in March of 2008 and accepted the changes discussed by the
applicant’s consultants at their meeting of February 4, 2009. The WRB further recommended
that the all storm water facilities be properly vegetated including a predominance of native
species in order to maintain growth and maturation of the vegetation (see attachment “E”). See
conditions 47-48. All roadway crossings of the Baxter Creek and Baxter Ditch and associated
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.
Finally, the applicant 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. Staff is recommending a condition
requiring the applicant to conduct a cultural resource survey prior to final plat approval or
disturbance of any lands within the subdivision. Furthermore, 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
According to the preliminary wildlife assessment there are no known endangered species or
critical game ranges on site. Deer are commonly seen on the property along with small
animals, rodents and birds. Comments by the Montana Department of Fish, Wildlife and Parks
have been received and only include generic subdivision comments that relate to impacts to the
local waterways from road building, drainage within the subdivision and sediment release due
to construction disturbance. The required permitting for the roadway crossings and for any
wetland fill or sediment discharge to local waters should prevent the need to mitigate any
impacts to local waters.
Staff is recommending a condition 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.
6. Effects on Public Health and Safety
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Laurel Glen Subdivision, Phase 3 & 4 – Findings of Fact and Order 10
The intent of the regulations in the Title 18 of the Bozeman Municipal Code 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
throughout this staff report.
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. 18.04.050 - 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.
b. 18.06.060 “Final Plat Application” - 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.
c. 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.
d. 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 the interior of
the block. The final plat shall indicate the orientation of all corner lots.
e. 18.42.050 “Utilities” – All 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.
f. 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 Title 18 of the B.M.C. said easement shall apply.
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Laurel Glen Subdivision, Phase 3 & 4 – Findings of Fact and Order 11
g. 18.42.080.H “Stormwater Facilities” – A cross section and landscape detail of each facility
shall be submitted with the final landscape plan for review and approval by the Planning
Office.
h. 18.42.100 “Watercourse Setback” – On-site stormwater treatment facilities may only be located
in Zone 2 of the watercourse setback.
i. 18.42.120 - If mail will not be to each individual lot within the development, the developer
shall provide an off-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.
j. 18.42.150.C “Street Lighting” – Street lighting shall comply with the requirements for street
lighting and pathway intersection lighting, and shall include placement, location, and
specifications for types of lighting required with the preliminary plat.
k. 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.
The subdivider in consultation with MDT, the City of Bozeman, and Streamline Transit shall
locate, design, and construct a transit stop with seating, lighting, a bike rack, and a shelter at the
Neighborhood Center per section 18.44.120 of the Bozeman Municipal Code.
l. 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.
m. 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.
n. 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.L “Maximum Allowable Slope or
Grade” of the U.D.O.
o. 18.50.090, 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.
p. 18.72 “Supplementary Documents” - 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.
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
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Laurel Glen Subdivision, Phase 3 & 4 – Findings of Fact and Order 12
facilities and parking lots in accordance with Chapter 18.72 or the Bozeman Municipal
Code.
2. The homeowner’s association documents shall also specify that all homes backing to
Durston Road, Annie Street, and West Oak Street 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) fencing with gates/openings and walkway connections providing access to the
streetscape and sidewalk system.
3. 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.
4. 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.
q. 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.
r. 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.
s. 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 a double-sided, high density 3½-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
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Laurel Glen Subdivision, Phase 3 & 4 – Findings of Fact and Order 13
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 of lines, including accurate depth, water source, heads, electric valves, quick
couplers, drains and control box.
s. Stormwater Master Plan:
A Stormwater Master Plan for this phase of 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 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
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.
t. Stormwater shall not be discharged to any irrigation ditch unless a variance is requested and
approved by the City Commission.
u. 100-year flood elevations shall be computed for the watercourses that are within the
subdivision boundary. All locations where flooding limits encroach onto proposed lots shall be
noted on the final plat along with minimum floor elevation for the structures to be constructed
on the effected lots.
v. 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 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
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Laurel Glen Subdivision, Phase 3 & 4 – Findings of Fact and Order 14
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 unless all of the requirements of Section
18.74.030.D of the Unified Development Ordinance are met to allow for concurrent
construction.
w. 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.
x. 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.
y. 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.
z. All proposed private utilities to serve the subdivision shall be shown on the public
infrastructure plans and specifications.
aa. 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.
bb. Any easements needed 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 the easement. All necessary easements shall be provided prior to
final plat approval and shall be shown on the plat. Wherever water and/or sewer mains are not
located under or accessed from improved streets, a 12 foot wide all weather access drive shall
be constructed above the utilities to provide necessary access.
cc. Street names must be approved by the Gallatin County GIS office and City Engineering office
prior to final plat approval.
dd. 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.
ee. The location of mailboxes shall be coordinated with the City Engineering Department prior to
their installation.
ff. 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.
gg. If construction activities related to the project result in the disturbance of more than 1 acre of
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Laurel Glen Subdivision, Phase 3 & 4 – Findings of Fact and Order 15
natural ground, an erosion/sediment control plan may be required. The Montana Department of
Environmental Quality may need to be contacted by the Applicant to determine if a Stormwater
Discharge Permit is necessary. If a permit is required by the State, the Developer shall
demonstrate to the City full permit compliance.
hh. 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.
ii. 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.
jj. Ditch relocation:
1. The Montana Fish, Wildlife and Parks shall be contacted by the Applicant regarding the
proposed relocation and any required permits (i.e., 310, 404, Turbidity exemption, etc.)
shall be obtained prior to FSP approval.
2. The Applicant shall comply with all parts of section 18.42.060.D for any ditch relocation.
D. Compliance with the required subdivision review process.
The public hearings before the Planning Board and City Commission have been property
noticed as required by Title 18, BMC. 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 shall forward a recommendation in a Resolution to the
Bozeman City Commission who will make the final decision on the applicant’s request.
The preliminary plat application includes a Zone Map Amendment that was provided with the
original application on November 21, 2007 in order to achieve the revised layout of mixed-use
residential housing types. Anticipating a redesign of the subdivision to address items identified
by the City Commission, Recreation and Parks Advisory Board and Wetlands Review Board
the applicant was advised to delay the zone map amendment until the governing body has acted
on the preliminary plat application. The applicant will then have one year to formally adopt
the zone map amendment in order to proceed with development of the property.
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
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Laurel Glen Subdivision, Phase 3 & 4 – Findings of Fact and Order 16
streets/alleys if they are not dedicated to the public in order to comply with Section
18.44.090.B of the UDO.
XI.
After considering all matters of record presented at the public hearings the City Commission
found that the proposed preliminary plat for Laurel Glen Subdivision, Phase 3 & 4, to subdivide
68.912 acres and create 70 single-family household lots, 37 two-household lots, 1 multi-family lot, 7
high density residential lots, a neighborhood center, and the remaining area as parkland, open space,
streets, and alleys, would comply with the requirements of the Bozeman Unified Development
Ordinance and the Montana Subdivision and Platting Act if certain conditions were imposed.
XII.
The City Commission moved to grant the applicant’s request for a variance to Section
18.42.040.B “Block Length” of the Unified Development Ordinance, BMC, for Block 20, 23, 24, and
Block 29-31. The motion carried on a vote of 5-0.
The City Commission then moved to grant the applicant’s request for a variance to Section
18.42.040.B “Block Length” for Block 21 and 22. The motion failed on a vote of 1-4.
XIII.
The City Commission considered the conditions of approval presented in the Resolution of the
Planning Board and moved to approve the application for preliminary plat approval with the forty-nine
(49) recommended conditions of approval.
The City Commission then moved to consider amendments to the previous action of
conditional approval of the preliminary plat application for Laurel Glen Subdivision, Phase 3 & 4. The
City Commission considered an amendment to require pedestrian access in condition #6 as written in
the Planning Office staff report. The amendment was withdrawn.
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Laurel Glen Subdivision, Phase 3 & 4 – Findings of Fact and Order 17
The City Commission considered an amendment to condition #44 of the Planning Board
recommendation to state: “The midblock crossing on Sherwood Way shall be relocated west to the
midpoint of the tangent between the reverse curves. For that and all mid-block crossings all signing,
striping, and parking restrictions as required by the Transportation Plan and the City of Bozeman
design standard shall be installed.” The amendment carried on a vote of 5-0.
The City Commission considered a motion to amend condition #6 of the Planning Board
Resolution to extend Christian Way south to Glenkirk Drive. The motion passed on a vote of 3-2.
The City Commission then considered a motion to extend Immanuel Way to the south to
connect to Durston Road. The motion as withdrawn.
The City Commission then considered the original motion of preliminary plat approval of
Laurel Glen Subdivision, Phase 3 & 4, with the forty-nine (49) recommended conditions of approval as
amended. The motion passed on a vote of 5-0.
ORDER
IT IS HEREBY ORDERED, on a vote of 5-0, that the Preliminary Subdivision Plat to
subdivide 68.912 acres and create 70 single-family household lots, 37 two-household lots, 1 multi-
family lot, 7 high density residential lots, a neighborhood center, and the remaining area as parkland,
open space, streets, and alleys known as Laurel Glen Subdivision, Phase 3 & 4, has been found to meet
the primary criteria of the Montana Subdivision and Platting Act, and is therefore approved, subject to
the conditions listed below. The evidence as stated in the Findings of Fact, justifies the conditions
imposed on the subdivision to ensure that the final plat complies with all applicable regulations, and all
required criteria, that appropriate and safe vehicular and pedestrian circulation is provided, adequate
infrastructure and public services are provided, and adequate public access, utility easements, and
rights-of-way are provided.
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Laurel Glen Subdivision, Phase 3 & 4 – Findings of Fact and Order 18
This City Commission order may be appealed by bringing an action in the Eighteenth District
Court of Gallatin County, within 30 days after the adoption of this document by the City Commission,
by following the procedures of Section 76-3-625, M.C.A.
1. That water rights, or cash in-lieu thereof, shall be provided and paid for prior to final plat
review and approval for each phase. If the final plat of the subdivision is filed in phases, water rights,
or cash in-lieu thereof will only be required for each phase of the subdivision that is being filed. The
applicant shall provide payment of the calculated cash in-lieu of water rights based on an amount
determined by the Director of Public Service.
2. The Zone Map Amendment application necessary to implement development of the proposed
preliminary plat application shall be formally adopted by the City Commission within one (1) year of
the preliminary plat approval.
3. That within thirty (30) days of preliminary plat approval, the applicant shall financially
guarantee the control of noxious weeds by a certified applicator for a minimum of two years. Should
the City Engineer’s Office and County Weed Control Office determine that the control of noxious
weeds is not being properly implemented and has continued beyond one (1) year of preliminary plat
approval the application shall become null and void.
4. Development of the Neighborhood Center as defined by Section 18.42.020 will to be addressed
with the Park Master Plan within one year of preliminary plat approval. Specifics on natural features,
amenities, and active and/or passive recreation opportunities shall be discussed in the park master plan.
5. All lots that have access to an alleyway shall use the alley for access to each individual lot, no
driveway access from the street is allowed. This access restriction shall be addressed and demonstrated
in the covenants/development guidelines.
6. Block 21 and Block 22 of Phase 4, exceed the maximum practical length of 400 feet.
Therefore, Christian Way shall be extended south to the intersection with Glenkirk Drive to reduce the
block length of Block 21 and Block 22, unless a variance is granted by the City Commission.
7. All public infrastructure (i.e., water and sanitary sewer) shall be installed underground in
alleyways were provided in the subdivision.
8. All utility, storm water, trail easements, and street and alleyway dedications, shall be properly
dimensioned on the final plat. Each subdivision block shall provide typical dimensions for utility
easements and right-of-way dedications (i.e., alleyways and streets).
9. Street lighting, including pathway intersection lighting, shall be installed by the subdivider.
Light locations and specifications shall be provided to the City Engineer and Planning Office 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.
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Laurel Glen Subdivision, Phase 3 & 4 – Findings of Fact and Order 19
10. 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.
11. All storm water runoff drainage facilities shall provide the necessary information for review
and approval by the City Engineer’s Office and Planning Office, that accurately depicts said data,
including but not limited to; plans and specifications, typical profiles, maximum slope, method of
landscape/seeding, and design. Storm water facilities may be located within parkland, but not included
in the park land calculations and must be designed as a landscape feature including the design of the
outlet.
12. All culvert configurations associated with street water crossings will extend a minimum length
of 3 feet beyond the placement of the outside edge of boulevard sidewalks and shall be properly
covered, graded, and landscaped with turf (sod) grass. A typical detail shall be provided for review
and approval by the Planning Office with the final plat application.
13. The final plat shall contain the required calculations and notation making reference to
individual Workforce Housing Lot for each phase, and shall properly delineate and identify each
Workforce Housing Lot on the final plat
14. The final plat and homeowner’s association documents shall make reference to a 25-foot yard
setback off of West Oak Street for all subdivision lots situated adjacent to the arterial street. The file
plat shall also note and properly depict a one-foot wide “No Access” strip along West Oak Street.
15. The final plat application shall verify the width of all alleys and type of improvements
proposed within the right-of-way.
16. A 25-foot wide public access easement for public trails is required in the Baxter Creek open
space corridors and shall be noted accordingly on the final plat and in the homeowner’s association
documents. Said easement may not overlap the required easement for storm water facilities.
17. The subdivider in consultation with the City of Bozeman and Streamline Transit shall locate,
design, and construct a transit stop with seating, lighting, a bike rack, and a shelter at the neighborhood
center and/or commercial node per section 18.44.120 of the Bozeman Municipal Code.
18. Based on one hundred and fifteen (115) residential subdivision lots of mixed density and at
0.03 acres/dwelling unit, approximately 5.5102 acres of dedicated parkland, exclusive of the
watercourse setback, is necessary with the subdivision plat. An additional 3.4281 acres of dedicated
parkland is necessary for the reminder of Phase 1 and 2.
19. Documentation of satisfaction of parkland dedication requirements in accordance with Section
18.50.020 of the 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.
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Laurel Glen Subdivision, Phase 3 & 4 – Findings of Fact and Order 20
20. All dedicated park lands including linear parkways 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 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.).
21. The park master plan and trail system shall be adjusted to reflect the recommendations of the
subdivision review committee of the Recreation and Parks Advisory Board and the Gallatin Valley
Land Trust, with review and approval by the City Engineer’s Office, Parks and Recreation
Superintendent, and Planning Office.
22. 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 improvements
not intended to be installed by the developer;
b. The location of watercourse setbacks, wetland delineation, and wetland fringe;
c. Park landscaping plan, prepared by a qualified landscape professional in accordance with
§18.78.100 for all parkland areas including linear parkways;
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
boardwalks, bridges, and trails;
f. Appropriate sections from the “Design Guidelines for City of Bozeman Parks”;
g. Cost estimate and installation responsibility for all improvements;
h. A neighborhood gathering place (pavilion, community building, wetland interpretation
and viewing platforms, etc.) and playground equipment in the Neighborhood Center in
addition to the standard requirement for boulevard street trees, irrigation, seeding,
sidewalks, etc.
i. A notation that a building permits will be required for any structural improvements
including bridges, boardwalks, and shelter structures.
j. Parking area, design and construction drawings showing compliance with adopted City
standards including ADA parking and signage.
23. Sidewalks along park land shall be constructed to a six foot width to accommodate snow
removal equipment.
24. The homeowner’s association documents shall contain provisions for the placement of a silt
fence along the boundaries of the Baxter Creek open space corridors with the filing of the final plat(s).
Confirmation of the placement of the silt fence shall be confirmed with the construction of single
household dwellings or multi-family structure(s) and shall be required prior to issuance of a building
permit or Final Site Plan approval, whichever is applicable.
25. The homeowner’s association documents shall also specify that all homes backing unto
Durston Road, Annie Street, and Oak Street 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 arterial and local street
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Laurel Glen Subdivision, Phase 3 & 4 – Findings of Fact and Order 21
with porches, front doors, no garage fronts, end gables, varied roof lines and façade, and coordinated
4’ tall (maximum) fencing with gates/openings and walkway connections providing access to the
streetscape and sidewalk system.
26. That the final plat contain the following language that is readily visible with lettering, at a
minimum height of 3/16-inch, placing future landowners of individual lots on notice of the presence of
high groundwater in the area of the subdivision for review and approval by the Planning Office:
a. “Due to the potential of high ground water tables in the areas of the subdivision, it is not
recommended that residential dwellings or commercial structures with full or partial
basements be constructed without first consulting a professional engineer licensed in the
State of Montana and qualified in the certification of residential and commercial
construction.”
27. That the final plat contain a notation stating that all downstream water user facilities will not be
impacted by this subdivision and that it also be noted accordingly in the by-laws and protective
covenants for the homeowners’ association.
28. The covenants and restrictions shall include a provision whereby an annual contract is executed
with a qualified landscape maintenance operator or company for maintenance of all common areas,
open space areas, street medians, boulevards, watercourses, trails, mid-block crossings, snow removal,
parkland, and landscape features within the development.
29. That prior to any disturbance of the site in question or submittal of a final plat application the
applicant shall provide the Planning Office with documentation of conducting a cultural resource
survey for review and approval by the state and local agencies. 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.
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 Final Plat shall conform to all requirements of the Bozeman Municipal Code and the
Uniform Standards for Final Subdivision Plats and shall be accompanied by all required documents,
including certification from the City Engineer that as-built drawings for public improvements were
received, a platting certificate, and all required and corrected certificates. The Final Plat application
shall include four (4) signed reproducible copies on a 3 mil or heavier stable base polyester film (or
equivalent); two (2) digital copies; one (1) PDF copy; and five (5) paper prints. 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.
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Laurel Glen Subdivision, Phase 3 & 4 – Findings of Fact and Order 22
32. 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 written in sufficient detail to direct the reviewer to the appropriate
plat, plan, sheet, note, covenant, etc. in the submittal
Engineering Office:
33. The south half of Oak Street shall be improved to the 120’ right of way, 5 Lane Principal
Arterial standard as shown in the Transportation Plan along the entire frontage of the subdivision.
34. A 1’ wide No Access Strip shall be shown on the plat along the entire lot frontage of Durston
Road and Oak Street.
35. Road geometry shall meet the criteria in the COB design standards unless a deviation can be
justified.
36. Any alleys that contain public utilities (water and/or sewer) shall be 30’ wide, and cannot
contain any other utilities i.e. gas, electric, etc.
37. The sidewalks adjacent to Oak Street and Durston Road shall be a minimum 6’wide, 6” thick,
and shall be installed by the developer at the time the other required subdivision infrastructure is
completed for each phase.
38. All street and alley intersections shall meet the spacing criteria in section 18.44.090.D unless a
deviation can be justified. The information required by 18.44.090.H must be submitted to support any
spacing deviation request.
39. The property owners dependent on the sewage lift station shall be responsible for financing the
costs of its operation and maintenance, which will be the responsibility of the City.
40. The break in the median on Laurel Parkway north of Immanuel Way shall be removed to make
the median continuous. The new portion of the median shall have topsoil, irrigation, and seed
41. The right of way and street section for Annie shall match those within phase I of the
subdivision.
42. A westbound left turn bay shall be installed at the intersection of Cottonwood and Durston as
recommended in the project TIS.
43. Boulevards shall be continuous on all streets. Installing curb walk along the wetland areas as
depicted in the preliminary plat application is not acceptable.
44. The midblock crossing on Sherwood Way shall be relocated west to the midpoint of the tangent
between the reverse curves. For that and all mid-block crossings all signing, striping, and parking
restrictions as required by the Transportation Plan and the City of Bozeman design standard shall be
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Laurel Glen Subdivision, Phase 3 & 4 – Findings of Fact and Order 23
installed.
Recreation and Parks Advisory Board:
45. A Park Master Plan, subject to the review and recommendation of the Recreation and Parks
Advisory Board and Parks and Recreation Superintendent, shall be submitted and approved by the City
Commission within three (3) months of preliminary plat approval. That part of the Park Master Plan
west of Baxter Creek shall be completed within one (1) year of preliminary plat approval to be eligible
for an additional two years of preliminary plat approval. Said improvements shall be installed
according to the approved plan adopted by the City Commission.
46. The rights-of-way for pedestrians in Block 27 and Block 28 shall not be titled on the final plat
as parks, but common open space, owned and maintained by the homeowner’s association.
Wetland Review Board:
47. All stormwater basins/detention ponds within the subdivision shall be naturalized by creating
irregularly-shaped basins, vegetating with native grass/emergent wetland and woody species in order
to maintain growth and maturation of the vegetation.
48. The Wetland Review Board shall be notified and invited to attend a preconstruction meeting
prior to the construction of any platforms or boardwalks within jurisdictional wetlands.
Gallatin Valley Land Trust:
49. The alignment of the west boundary line for Lot 2 and Lot 3, Block 31 should be adjusted to
create a straight line in order to broaden the greenway trail corridor along Baxter Creek.
The preliminary approval of this subdivision shall be effective for one (1) year from the date of
Preliminary Plat approval, or April 6, 2010. Upon compliance with conditions #2 (zone map
amendment, #3 (noxious weed control), and #45 (park master plan) the preliminary approval of this
subdivision shall be effective for three (3) years from the date of Preliminary Plat approval, or April 6,
2012. At the end of this period the City Commission may, at the written request of the subdivider,
extend its approval as provided in the Bozeman Unified Development Ordinance for not more than one
(1) calendar year.
DATED this 24th day of August, 2009.
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Laurel Glen Subdivision, Phase 3 & 4 – Findings of Fact and Order 24
BOZEMAN CITY COMMISSION
KAAREN JACOBSON
Mayor
ATTEST: APPROVED AS TO FORM:
____________________________
Stacy Ulmen, City Clerk Greg Sullivan, City Attorney
45