HomeMy WebLinkAboutFindings of Fact and Order for Lower Yards-HRDC Minor Subdivision.pdf
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brian Krueger, Associate Planner
Andrew C. Epple, Director, Planning and Community Development
Chris Kukulski, City Manager
SUBJECT: Lower Yards/HRDC Minor Subdivision Findings of Fact and Order (#P-
09004)
MEETING DATE: December 7, 2009
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the
preliminary plan of the Lower Yards/HRDC Minor Subdivision.
BACKGROUND: On August 3, 2009 the City Commission held a public hearing on an
application for preliminary plan approval of Lower Yards/HRDC Minor Subdivision. The
Commission approved the proposed subdivision, subject to conditions to ensure the final plan
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.
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
Report compiled on: December 1, 2009
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BEFORE THE BOZEMAN CITY COMMISSION
GALLATIN COUNTY, MONTANA
IN THE MATTER OF THE APPLICATION OF THE
CITY OF BOZEMAN FOR PRELIMINARY
APPROVAL OF THE LOWER YARDS/HRDC MINOR
SUBDIVISION.
FINDINGS
OF FACT
AND ORDER
This matter came before the Bozeman City Commission on August 3, 2009 and for
review and decision pursuant to the Montana Subdivision and Platting Act, Section 76-3-101
through 76-3-625, Montana Codes Annotated, and the City of Bozeman Growth Policy and City
of Bozeman Unified Development Ordinance. The applicant presented to the Commission a
proposed Preliminary Subdivision Plat consisting of a proposed division of 7.47 acres of land
into two parcels, one for lease, as submitted in its original form on June 10, 2009, #P-09004.
Variances were requested from the following Sections of Title 18 of the Bozeman Municipal
Code: 1) To allow the development of the subject subdivision without compliance with Section
18.44, which specifies required upgrades to adjacent streets including street lighting under
Section 18.42.150.C for North Rouse Avenue; 2) To allow the development of the subject
subdivision without compliance with Section 18.44, which specifies required upgrades to
adjacent streets including street lighting under Section 18.42.150.C for East Griffin Drive; 3) to
allow the development of the subject subdivision with a stormwater detention area located on a
private lot and not on a common/separate lot as required in Section 18.42.080.D; 4) To allow the
development of the subject subdivision without physical access as required in Sections
18.06.040.D.1.a and 18.44.090.B.2; 5) to allow the development of the subject subdivision
without providing separate site utility infrastructure to the lease parcel as required in
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18.38.030.D.1; 6) to allow the development of the subject subdivision without the requirement of
the minimum required private utility easement(front yard along N. Rouse) as required in Section
18.42.060.B.2.a; and7) to allow the development of the subject subdivision without requiring the
extension of municipal services to the adjoining undeveloped land as required in Section
18.42.070.A.3.
The Commission held a public hearing on the preliminary plat and considered all relevant
evidence relating to the public health, safety, and welfare, including the recommendation of the
Bozeman Planning Board, to determine whether the plat should be approved, conditionally
approved, or disapproved.
It appeared to the Commission that all parties wishing to appear and comment were given
the opportunity to do so, and therefore, being fully advised of all matters having come before it
regarding this application, the Commission makes the following Findings of Fact, as required:
FINDINGS OF FACT
I.
On June 10, 2009 the City of Bozeman, submitted an application for approval to create a
Minor Subdivision on 7.47 acres. The subject property is legally described as a tract of land
described upon Record of Deeds, Vol. 97, pages 626-627 filed at the office of the Clerk and
Recorder of Gallatin County, located in the NE¼ of Section 6, T2S, R6E, P.M.M., City of
Bozeman, Gallatin County, Montana. The property is annexed with a preliminary zoning
designation of M-1 (Light Manufacturing District).
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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 July 12
and 19, 2009, posting the subject property on July 6, 2009, 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 July 8, 2009.
The City of Bozeman Planning Board held a public hearing on July 21, 2009. The
Planning Board found that the application was properly submitted and reviewed under the
procedures of the City of Bozeman Unified Development Ordinance. Staff reviewed the staff
report and the evidence which justified the imposition of conditions.
The Planning Board then opened the public hearing for public comment. One member of
the public provided testimony expressing concern regarding the extension of municipal
infrastructure to the adjacent property, stormwater problems at the northeast corner of the site,
the requirement of an easement across the site and stated support for the variance for roadway
upgrades along Rouse Avenue.
The members of the City of Bozeman Planning Board discussed the requested variances,
upgrades to Rouse Avenue and West Griffin Drive, extension of municipal infrastructure to
adjoining properties, street access, and anticipated traffic trips.
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The City of Bozeman Planning Board passed a motion to recommend approval of the
following variances: 3) to allow the development of the subject subdivision with a stormwater
detention area located on a private lot and not on a private/separate lot as required in Section
18.42.080.D; 4) To allow the development of the subject subdivision without physical access as
required in Sections 18.06.040.D.1.a and 18.44.090.B.2; 5) to allow the development of the
subject subdivision without providing separate site utility infrastructure to the lease parcel as
required in 18.38.030.D.1; 6) to allow the development of the subject subdivision without the
requirement of the minimum required private utility easement(front yard along N. Rouse) as
required in Section 18.42.060.B.2.a;
The City of Bozeman Planning Board failed to pass a motion to recommend approval of
the following variances: 1) To allow the development of the subject subdivision without
compliance with Section 18.44, which specifies required upgrades to adjacent streets including
street lighting under Section 18.42.150.C for North Rouse Avenue; 2) To allow the development
of the subject subdivision without compliance with Section 18.44, which specifies required
upgrades to adjacent streets including street lighting under Section 18.42.150.C for East Griffin
Drive, and7) to allow the development of the subject subdivision without requiring the extension
of municipal services to the adjoining undeveloped land as required in Section 18.42.070.A.3
The City of Bozeman Planning Board reviewed the application against the requirements
of the Montana Subdivision and Platting Act and found that, with conditions as recommended to
the Minor Subdivision Preliminary Plat Application would comply with those requirements; and
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The City of Bozeman Planning Board moved to recommend conditional approval of the
subdivision with the conditions as detailed in the staff report, and passed on a vote of 6-0.
IV.
The application was considered by the Bozeman City Commission at its regular meeting
on August 3, 2009, 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 site in question is situated in area that has historically been developed with
industrial and manufacturing uses, as well as other comparable uses as the Story
petroleum distribution center to the west and established commercial/industrial
and rental warehouse facilities south of the subject property. The property does
not currently support agricultural uses and therefore is not a viable site for
farming purposes.
2. Effects on Agricultural Water User Facilities
No effects on agricultural water user facilities were identified.
3. Effects on Local Services
Water/Sewer. City water and sewer services currently exist in Rouse Avenue and
are capable of servicing the two-lot minor subdivision. Placement and location of
water and sewer service connections for the property will be addressed by the
City Engineer’s Office during site plan review and development of the lot. The
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applicant requests a variance to allow the development of the subject subdivision
without providing separate site municipal utility infrastructure (water and sewer
services) to the lease parcel as required in 18.38.030.D.1 BMC and without
requiring the extension of municipal services to the adjoining undeveloped land as
required in Section 18.42.070.A.3 BMC. Staff recommends conditions that will
require extension of municipal services to the adjoining undeveloped land unless
a variance is granted.
Police/Fire: The property is well within the City’s Police and Fire emergency
response area.
Streets. North Rouse Avenue and East Griffin Drive currently service this
industrial area and will provide access to the two-lot minor subdivision for lease.
No improvements to the local streets are proposed with this application. The
applicant requests a variance to allow the development of the subject subdivision
without compliance with Section 18.44, which specifies required upgrades to
adjacent streets including street lighting under Section 18.42.150.C for North
Rouse Avenue and E Griffin Drive. Staff recommends a condition that will
require the adjacent street upgrades unless a variance is granted.
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Pathways: The Bozeman 2020 Community Plan does not identify shared
pedestrian/bicycle pathways in proximity to the proposed minor subdivision. The
applicant requests a variance to allow the development of the subject subdivision
without compliance with Section 18.44, which specifies required upgrades to
adjacent streets including street lighting under Section 18.42.150.C for North
Rouse Avenue and E Griffin Drive. The improvements to adjacent streets include
boulevard sidewalks and pedestrian facilities. Staff recommends a condition that
will require the adjacent street upgrades unless a variance is granted.
Stormwater. A Stormwater Master Plan for street runoff was not required with the
two-lot preliminary plat application. However, stormwater runoff facilities are
being evaluated meet City design standards with site plan review for development
and will require the approval of the City Engineering office. The applicant
requests a variance to allow the development of the subject subdivision with a
stormwater detention area located on a private lot and not on a private/separate lot
as required in Section 18.42.080.D.
Parks. No public parkland requirements are necessary with an industrial
subdivision.
Utilities. As this is the subdivision of an existing partially developed parcel
electricity, gas, cable and phone utilities currently exist in the vicinity or on the
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subject property. The applicant requests a variance to allow the development of
the subject subdivision without the requirement of the minimum required private
utility easement (front yard along N. Rouse) as required in Section
18.42.060.B.2.a.
4. Effects on the Natural Environment
The site has been developed and utilized for industrial uses for some time. No
natural vegetation exists on site. A noxious weed control plan prepared by the
applicant was reviewed and submitted to the Gallatin County Weed Control
Office on June 5, 2009. Prior to final plan approval the County Weed District
will verify that said weed control has been approved and implemented as
prescribed in the management and revegetation plan.
5. Effects on Wildlife and Wildlife Habitat
No known endangered species or critical game ranges have been identified on the
proposed subdivision. Historical use of the property as industrial lands and no
evidence of mature vegetation or physical features (water courses, wetlands, etc.)
essentially reduce the potential for development of any wildlife habitat. Therefore,
no significant effects on major wildlife game and their habitat should occur as a
result of the proposed minor subdivision.
6. Effects on Public Health and Safety
The intent of the regulatory standards as set forth in the Unified Development
Ordinance of the Bozeman Municipal Code is to protect the public health, safety
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and general welfare. The applicant proposes multiple variance requests that relate
to facilities directly associated with public health and safety. The proposed
variance requests to waive the installation of upgrades to the adjacent streets
including pedestrian facilities and street lighting may be injurious to public safety.
The subdivision has been reviewed and with the required conditions and code
provisions has been determined to be in general compliance with the title. No
watercourses or associated wetlands have been indentified on the site in question.
Any conditions deemed necessary to ensure compliance with public health and
safety have been listed by the Development Review Committee and are noted
accordingly as conditions of approval in this staff report.
B. Compliance with the survey requirements provided for in Part 4 of the Montana
Subdivision and Platting Act.
A subdivision for lease or rent is exempt from the survey requirements of the Montana
Subdivision and Platting Act, and as such will not be 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:
1. The final plan shall conform to all requirements of the Bozeman Unified
Development Ordinance and all required easement documents shall be submitted
for review and approval of the City of Bozeman.
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2. Pursuant to Section 18.06.040.D.6, conditional approval of the preliminary plan
shall be in force for not more than one calendar year. 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.
3. Pursuant to Section 18.06.060, the applicant shall submit with the application for
final plan review and approval, a written narrative stating how each of the
conditions of preliminary plat approval has been satisfactorily addressed, and
specifically (tab, page, paragraph, etc.) where this information can be found.
4. Section 18.08.030 requires that before any portion of land subdivision created by
rent or lease can be rented or leased, all required improvements shall be installed,
inspected and found compliant with the approved plan, and where acceptable
accepted by the City of Bozeman.
5. Section 18.08.040 states that once the final plan has been approved by the City
Commission an original copy of the approved plan shall be filed with the County
Clerk and Recorder as a “miscellaneous” document, and another copy of the
approved plan shall be retained by the Bozeman Engineering Department.
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6. Pursuant to Chapter 18.30 “Bozeman Entryway Corridor Overlay District” All
lots of the minor subdivision are located in the Rouse Avenue entryway overlay
corridor and therefore the provisions for a Certificate of Appropriateness would
apply at the time of development of said lots.
7. In accordance with UDO Section 18.42.060, all easements, existing and proposed,
shall be accurately depicted on the final plan.
8. Section 18.42.150 outlines the requirements for subdivision lighting. Lighting for
this subdivision shall be provided according to this section unless a variance is
granted.
9. Pursuant to Section 18.74.030.B, if it is the developer’s intent to file the plan prior
to installation, certification, and acceptance of all required improvements by the
City of Bozeman, an Improvements Agreement shall be entered into with the City
of Bozeman guaranteeing the completion of all improvements in accordance with
the Preliminary Plat submittal information and conditions of approval. If the final
plat is filed prior to the installation of all improvements, the developer shall
supply the City of Bozeman with an acceptable method of security equal to 150
percent of the cost of the remaining improvements.
10. Section 18.78.050.H requires that any noxious weeds be identified and mapped by
a person with experience in weed management and knowledgeable in weed
identification. A noxious weed management and revegetation plan, approved by
the County Weed Control District, shall be submitted with the final plan.
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D. Compliance with the required subdivision review process.
A subdivision pre-application was submitted on May 7, 2009. The pre-application was
reviewed by the DRC on May 15 and May 20, 2009 and summary review comments were
forwarded to the applicant in preparation of a preliminary plat application.
A preliminary plat application was submitted on June 10, 2009 and the required element
letter was sent on June 24, 2009. The preliminary plat was reviewed by the DRC on July
1, July 8, and July 15, 2009. The applicant requested an extension to the 60-day review
period to accommodate the public hearings before the Planning Board and City
Commission as required for the variance requests. On the final week of DRC review, a
favorable recommendation was forwarded for consideration by the Planning Board and
City Commission. Public notice for this application was placed in the Bozeman Daily
Chronicle on Sunday, July 12 and July 19, 2009. The site was posted with a public notice
on July 6, 2009. Public notice was sent to adjacent property owners via certified mail,
and to all other property owners of record within 200 feet of the subject property via first
class mail, on July 8, 2009. No letters of public testimony have been received at the
Department of Planning & Community Development in regards to this project.
On July 15, 2009 the minor subdivision staff report was drafted and forwarded with a
recommendation of conditional approval to the Planning Board for consideration at its
July 21, 2009 public hearing. The Planning Board recommended conditional approval of
the preliminary plan with variances application with support for variance requests 3-6 and
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without support for variance requests 1, 2, and 7. The City Commission made final
decision at the August 3, 2009 public hearing. The final decision for a First Minor
Subdivision from a Tract of Record Preliminary Plat must be made within 35 working
days of the date it was deemed complete or in this case by August 12, 2009. However,
due to the request for variances and per Section 18.06.040.D.1.a.(1) BMC an extension to
the 35-day review period was provided by the applicant as required to accommodate the
public hearings required for the variance requests.
E. Provision of easements for the location and installation of any planned utilities.
All public and private utilities access the site from the North Rouse Avenue right-of-way.
The applicant requests a variance to allow the development of the subject subdivision
without providing separate site municipal utility infrastructure (water and sewer services)
to the lease parcel as required in 18.38.030.D.1 BMC and without requiring the extension
of municipal services to the adjoining undeveloped land as required in Section
18.42.070.A.3 BMC. The applicant proposes a 10’ wide private utility easement along
the south east and north boundaries of the site. The applicant requests a variance to allow
the development of the subject subdivision without the requirement of the minimum
required private utility easement (front yard along N. Rouse) as required in Section
18.42.060.B.2.a. Adequate easement and facilities exist to service the subdivision. A
detailed plan of utility locations and associated easements is required as part of the civil
drawings necessary during site plan review.
F. Provision of legal and physical access to each parcel.
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The proposed lots will have legal access from East Griffin Drive and North Rouse
Avenue for Parcel R and by an access easement to be granted to the Lease Parcel. The
Lease Parcel does not have physical access to a public roadway as required. The
applicant requests a variance to allow the development of the subject subdivision without
physical access as required in Sections 18.06.040.D.1.a and 18.44.090.B.2
ORDER
After considering all matters of record presented at the public hearing on August 3, 2009,
the Bozeman City Commission approved the variances from the following Sections of Title 18 of
the Bozeman Municipal Code: 1) To allow the development of the subject subdivision without
compliance with Section 18.44, which specifies required upgrades to adjacent streets including
street lighting under Section 18.42.150.C for North Rouse Avenue; 2) To allow the development
of the subject subdivision without compliance with Section 18.44, which specifies required
upgrades to adjacent streets including street lighting under Section 18.42.150.C for East Griffin
Drive; 3) to allow the development of the subject subdivision with a stormwater detention area
located on a private lot and not on a common/separate lot as required in Section 18.42.080.D; 4)
To allow the development of the subject subdivision without physical access as required in
Sections 18.06.040.D.1.a and 18.44.090.B.2; 5) to allow the development of the subject
subdivision without providing separate site utility infrastructure to the lease parcel as required in
18.38.030.D.1; 6) to allow the development of the subject subdivision without the requirement of
the minimum required private utility easement(front yard along N. Rouse) as required in Section
18.42.060.B.2.a; and7) to allow the development of the subject subdivision without requiring the
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extension of municipal services to the adjoining undeveloped land as required in Section
18.42.070.A.3 as noted in the minutes and voice recording of the August 3, 2009 Commission
Meeting. On August 3, 2009, the City Commission opened the public hearing for the
Preliminary Plat to take public comment and consider the plat as submitted. Following
deliberation, and vote as noted in the minutes from said meeting, the Commission found, on a 4-
0 vote that the proposed subdivision 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 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
Lower Yards/HRDC Minor Subdivision for the property owners, City of Bozeman, be approved,
subject to the following conditions:
City Engineer’s Office:
GENERAL:
1. The 100-year floodplain shall be delineated on the project site where the Base Flood
Elevation intersects the existing ground surface. A floodplain development permit shall be
obtained prior to construction of proposed improvements in the floodplain.
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2. A mutual access easement and agreement must be provided for the HRDC lot through the
City owned parcel. The easement must provide access from Rouse Avenue and Griffin Drive to
the HRDC parcel at a minimum width of the proposed drive isle.
STORMWATER:
3. 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.
a) The master plan must depict the maximum sized retention/detention basin location, and
locate 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
lot finished grades), typical stormwater retention/detention basin and discharge structure
details, basin sizing calculations, and a stormwater maintenance plan.
b) 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.
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c) A storm water easement must be established on the adjacent property and filed with the
County Clerk and Recorder's Office for the retention pond and discharge course if located
off the subject property.
WATER AND SEWER:
4. The location of and distinction between existing and proposed sewer and water mains and
all easements shall be clearly and accurately depicted, as well as all nearby fire hydrants and
proposed fire hydrants.
5. 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.
6. All water main extensions of more than 500 feet required for any phase of the
development shall be fully looped. Water and sewer mains shall be extended to the property lines
to adequately accommodate future extensions and/or looping.
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7. Water and sewer services shall be extended along the north boundary of the property
from Rouse Avenue to the northeastern edge of the property unless a variance is granted by the
City Commission.
STREETS, CURB & GUTTER AND SIDEWALKS:
8. A public street easement shall be granted for North Rouse Avenue that provides for a
total right-of-way width of 60’ east of centerline. The easement shall be acceptable in form and
content and executed by the property owner prior to final plat approval.
9. North Rouse Avenue along the property frontage shall be constructed to one-half a
principal arterial street standard in accordance with the 2007 Transportation Plan Update unless a
variance is granted by the City Commission.
10. Griffin Drive along the property frontage shall be constructed to a full local street
standard in accordance with the 2007 Transportation Plan Update unless a variance is granted by
the City Commission.
11. A deviation from access separation standards of Section 18.44.090.D.3 UDO shall be
prepared in accordance with Section 18.44.090.H UDO. The deviation request shall be provided
to and approved by the City Engineer prior to final site plan approval.
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12. The Montana Department of Transportation shall approve site access locations and
construction standards for accesses onto North Rouse Avenue.
13. A Utility Occupancy Permit shall be obtained from the Montana Department of
Transportation for proposed new or relocated utilities in North Rouse Avenue. The permit shall
be obtained prior to construction.
MISCELLANEOUS
14. If construction activities related to the project result in the disturbance of more than 1
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 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.
15. 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 Final Site Plan approval.
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16. Detailed review and approval of the construction plans will be part of the infrastructure
plan and specification review process for each phase. Building permits may not be issued until
each plan is approved.
Planning Office:
17. The final plan shall comply with the standards identified and referenced in the Bozeman
Municipal Code. The applicant is advised that unmet code provisions, or code provisions that are
not specifically listed as conditions of approval, does not, in any way, create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
18. Development of the Lease Parcel will require compliance with the regulatory standards of
the Title 18 BMC as it relates to lot coverage, setbacks, parking, etc.
19. A draft copy of the lease agreement and covenants (if applicable) for the
subdivision/lease shall be submitted with the final plan application for review and approval by
the Planning Department and shall contain, but not be limited to, the provisions required in
section 18.72.030 where applicable.
20. The final plan shall reference the two parcels as: Lease Parcel and Parcel R. All
references on the final document to be submitted shall state “Final Plan” and not “Final Plat.”
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City Commission:
21. The water service to the parcels shall be extended to the east property boundary.
22. The applicant shall provide and file with the County Clerk and Recorder's office executed
Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) for the following:
a. Street improvements to N. Rouse Avenue and East Griffin Drive including but not
limited to paving, curb and gutter, sidewalk, and storm drainage improvements.
b. Extension of municipal infrastructure to the adjacent property boundaries if not
currently served by municipal services.
This City Commission order may be appealed by bringing an action in the Eighteenth
District Court of Gallatin County, within 30 days after the adoption of these Findings by the City
Commission, by following the procedures of Section 76-3-625, M.C.A. The preliminary
approval of this subdivision shall be effective for three years from the date of adoption of these
Findings by the City Commission. At the end of this period the City Commission may, at the
written request of the subdivider, extend its approval as provided for in the Bozeman Unified
Development Ordinance.
DATED this 7th day of December, 2009.
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BOZEMAN CITY COMMISSION
______________________________
KAAREN JACOBSON, Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ _________________________________
STACY ULMEN, CMC TIM COOPER
City Clerk Assistant City Attorney
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