HomeMy WebLinkAboutFindings of Fact and Order .pdf
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Dave Skelton, Senior Planner
Chris Saunders, Planning Director
Chris Kukulski, City Manager
SUBJECT: Meadow Creek Major Subdivision, Phase 2
Preliminary Plat Application #P-11001 - Findings of Fact and Order
MEETING DATE: April 25, 2011
AGENDA ITEM TYPE: Consent Agenda
RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the
preliminary plat of Meadow Creek Major Subdivision, Phase 2.
BACKGROUND: On March 25, 2011 the City Commission held a public hearing on an
application for preliminary plat approval for the Meadow Creek Major Subdivision, Phase 2.
The Commission approved the proposed subdivision, subject to conditions and code provisions
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.
UNRESOLVED ISSUES: Staff is unaware of any unresolved issues.
ALTERNATIVES:
1) Approval of the Findings of Fact as drafted.
2) Approval of the Findings of Fact with modifications.
3) As determined by the City Commission
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. Impact fees will be collected with issuance of building permits for
individual lots along with City sewer and water connection fees. As no residential development
will occur with the filing of this subdivision plat there is no requirement for parkland dedication
as part of this application.
Attachment: Findings of Fact
Subdivision Preliminary Plat
Report compiled on: April 13, 2011
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Meadow Creek Subdivision, Phase 2 – Findings of Fact and Order 1
BEFORE THE BOZEMAN CITY COMMISSION
IN THE MATTER OF THE APPLICATION OF FINDINGS OF FACT
FLATHEAD BANK AND SHADY LANE, LLC AND ORDER
FOR PRELIMINARY PLAT REVIEW OF
MEADOW CREEK SUBDIVISION, PHASE 2
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, City of Bozeman Growth Policy, and the Bozeman Unified Development
Ordinance, public hearings were scheduled, after notice given, before the Bozeman Planning Board on
March 1, 2011, and before the Bozeman City Commission on March 21, 2011, on the above-entitled
application. The applicant presented to the City Commission a proposed preliminary plat to subdivide
34.966± acres together with the required supplementary plans and information to create eighty-three
(83) single-household residential lots, two (2) multi-family residential lots, one (1) neighborhood
center and the remaining area as parks, open spaces, streets and alleys.
The application for preliminary plat review includes a request for variances to the City of
Bozeman Uniform Development Ordinance for: 1) Section 18.42.040.B - “Block Length”, to exceed
the maximum block length of 400 feet for Blocks 15-21 of this preliminary plat application, 2) Section
18.44.010.A - “Relation to Undeveloped Areas”, to allow the construction of South 23rd Avenue
southward to the southern boundary line of Phase II to full City standards, and 3) Section 18.44.050 -
“Street and Road Right Of Way Width and Construction Standards”, to allow construction of a section
of South 23rd Avenue to the southern boundary of Phase II within a right-of-way less than 60 feet wide.
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.
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Meadow Creek Subdivision, Phase 2 – Findings of Fact and Order 2
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
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 Meadow Creek
Subdivision, Phase 2 a mixed-use major subdivision, was submitted to the City of Bozeman
Department of Planning and Community Development on January 5, 2011. At the request of the
Planning Office and Development Review Committee an updated preliminary plat application was
resubmitted on February 16, 2011. The preliminary subdivision plat, as proposed, will subdivide
34.996± acres and create a major subdivision containing eighty-two (82) single-household residential
lots and two (2) multi-family residential lots. The subject property is legally described as a lands
situated in the NE ¼ of Section 23, T2S, R5E, PMM, City of Bozeman, Gallatin Country, Montana,
being Lot 4, Minor Subdivision No. 2235 and Film 179, Page 4219, Gallatin County, Montana.
II.
Notice of a public hearing before the City of Bozeman Planning Board and public hearing
before the Bozeman City Commission was published in the Bozeman Daily Chronicle on February 20,
2011, and the notice was posted at the site and mailed by Certified mail, return receipt requested, to all
adjoining property owners.
III.
The City of Bozeman Planning Board heard the matter of preliminary subdivision plat review
of Meadow Creek Subdivision, Phase 2 on March 1, 2011. The Planning Board found that the
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Meadow Creek Subdivision, Phase 2 – Findings of Fact and Order 3
application was properly submitted and reviewed under the procedures of the City of Bozeman Unified
Development Ordinance, Title 18, BMC.
The Planning Staff reviewed the project and the evidence which justified the imposition of
conditions, recommendations of the Development Review Committee and local review agencies,
recommended modifications to proposed conditions, requested variances to the City of Bozeman
Unified Development Ordinance, history and design of the major subdivision, phasing, zoning,
existing infrastructure, physical features, workforce housing and provisions for parkland and open
space.
The Planning Staff reported that no public testimony on the matter of this preliminary plat
application was received by the Planning Office.
Chris Budeski, Madison Engineering, LLC, representing Flathead Bank and Shady Lane, LLC,
discussed the subdivision design in general and introduced the applicant’s representatives, Joe
DaHinden, President of Valley Bank, and Tom and Nikki Fink of Shady Lane, LLC. Mr. Budeski
further commented that the applicants were in agreement with the recommended conditions with
exception to condition twenty-one regarding the thirty percent limitation of street loaded lots.
IV.
The Planning Board then opened the public hearing portion for public comment on the matter
of the preliminary plat application and finding no public testimony close the public hearing portion.
V.
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
under the procedures of the City of Bozeman Unified Development Ordinance and the adopted growth
policy, the Planning Board reviewed and considered the facts against the criteria related in Title 76-3-
608, M.C.A., 1999.
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Meadow Creek Subdivision, Phase 2 – Findings of Fact and Order 4
The Planning Board considered the recommended conditions prepared by the Planning Staff,
Development Review Committee and local review agencies, and discussed the workforce housing
individualized plan, high ground water and floodplain levels, “no basement” restriction, and site
grading.
VII.
The City of Bozeman Planning Board then discussed the applicant’s requested variances to the
Unified Development Ordinance, modifications to the conditions of approval as recommended by
Planning Staff, and removal of proposed condition twenty-one regarding thirty percent limitation of
street loaded lots.
The Planning Board having heard and considered public comment and the findings presented in
the staff report found that the requested variances to the Uniform Development Ordinance would
comply with the primary review criteria, and therefore voted 8-0 to recommend approval to the
Bozeman City Commission in Planning Resolution No. P-11001.
The Planning Board further found that with the recommended conditions, modifications
recommended by the Planning Staff and removing condition twenty-one, that the subdivision
preliminary plat application would comply with the primary review criteria, and therefore voted 8-0 to
forward a recommendation of conditional approval to the Bozeman City Commission as set forth in
Planning Resolution No. P-11001.
VIII.
The matter of the preliminary plat application for Meadow Creek Subdivision, Phase 2 was
considered by the City Commission at a public hearing on March 21, 2011 at which time the Planning
Staff reviewed the project and forwarded the Planning Board's recommendation of conditional
approval in Planning Resolution No. P-11001.
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Meadow Creek Subdivision, Phase 2 – Findings of Fact and Order 5
Mr. Chris Budeski, consultant engineering representing the applicants discussed the history of
the subdivision, individualized plan for workforce housing, alley loaded subdivision lots and public
parkland. Joe DaHinden, President of Valley Bank, and Tom Fink of Shady Lane, LLC introduced
themselves as the applicants and briefly discussed their intent and reasoning with completing phase
two of the subdivision.
IX.
The public hearing portion was then opened to hear public testimony on the matter of the
preliminary plat application with no members of the general public offering comment.
The City Commission then considered the minutes of the Planning Board, 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
Historically, the subject property has been used for agricultural purposes with the majority of the
202.40-acre tract used for pasture and hay. Soil conditions confirm the site as being good
producing soils for agricultural activity and a viable farm unit. However, the limited area of the
subject property is not of a substantial size to accommodate a viable farmstead. With the recent
amendment to the adopted growth policy, the area is identified for development as “Residential”
on the Future Land Use Map of the Bozeman Community Plan. With approval of the original
preliminary plat in 2005 and filing of the final plat for Phase One, this preliminary plat application
is considered a reasonable area for consideration of urban growth with its proximity to the area’s
major transportation network and ability to extend municipal infrastructure to the site.
2. Effects on Agricultural Water User Facilities
No effects on agricultural water user facilities have been identified for this project. Although the
subdivider does not anticipate any impacts to downstream water users with this subdivision, it is
recommended that a written statement be provided on the final plat and protective covenants
stating that the Meadow Creek Subdivision will not interfere with any agricultural water user
facility or irrigation ditches for downstream water rights.
3. Effects on Local Services
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Meadow Creek Subdivision, Phase 2 – Findings of Fact and Order 6
Water/Sewer - Access to municipal infrastructure and public services is available as the majority of
water and sanitary sewer mains and service lines have already been installed with Phase 1 of the
major subdivision. However, standard code requirements still apply, including the requirements
for final as-built plans and specifications, detailed design reports, engineering services for
construction inspection, and preparation of mylar record drawings.
The City Engineer’s Office has recommended conditions requiring that water mains be looped to
provide service from two separate mains for each phase of the subdivision and that easements for
the off-site water mains that was installed east of South 19th Avenue as part of Meadow Creek
Subdivision, Phase 1 will need to be submitted prior to filing the final plat.
Streets - As depicted on the preliminary plat the placement and location of the local streets is
predetermined by existing water and sanitary sewer mains that are already installed. Minor
adjustments to proposed local streets may be required to accommodate adjustments to the lot sizes
from the previous preliminary plat application. All street improvements will be constructed to
acceptable City standards with curb, gutter, pavement, boulevard sidewalks, and storm water
facilities.
The City Engineer’s Office notes that all subdivision streets shall be extended to the boundary of
the subdivision in accordance with the UDO unless a variance is granted by the City Commission.
This also applies to South 21st Street southward to the future connection with Blackwood Street. A
one-foot wide “No Access” strip is also required along South 19th Avenue and both sides of
Edwards Drive for the first 150 feet west of South 19th Avenue.
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 Engineer’s Office prior to
filing 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 identified
a future substation site at the intersection of South 19th Avenue and Graf street that was deeded to
the City with the filing of the final plat of Phase 1.
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. This also includes proper design, placement and construction of
stormwater facilities that may encourage into any watercourse setback.
Parks/Trials - Based on the proposed subdivision consisting of 82 single family dwellings and 2
multi-family residential lots, and using the factor of providing 0.03 acres per dwelling unit and a
density of 12 dwelling units per acre for the multi-family lots (or 26 dwellings units) approximately
2.46 acres for the single family dwellings and 0.78 acres for the multifamily lots is required, or a
total of 3.24 acres. Out of the areas dedicated for public parkland all facilities constructed for
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Meadow Creek Subdivision, Phase 2 – Findings of Fact and Order 7
stormwater detention/retention ponds must be deducted from the total area dedicated as public
parks. No parkland credit per the workforce housing credit program is being requested with this
preliminary plat application.
To fulfill the parkland requirements, the applicants propose to develop two public parks; 1) Shady
Lane Park, and 2) an Interim Park in Block 15 of the subdivision. The preliminary plat application
proposes develop an Interim Park (1.425 acres) as part of the park plan to provide additional time
to negotiate with the adjoining landowner to acquire permission to develop the central park for the
entire Meadow Creek Subdivision, Miller Park as illustrated on the Park Master Plan for the major
subdivision.
The RPAB reviewed the applicant’s park land proposal on February 10, 2011 and generally
supports the park plan that includes an interim park and feels no effort should be spared in pursing
the development of Miller Park as the centerpiece of the major subdivision. However, the advisory
board did express concern that if Miller Park is not developed the Interim Park is situated in an area
of the subdivision that does not permit it to be expanded to aggregate parkland for future phases to
the south of Phase 2.
To secure proper provisions to guarantee that the dedication of adequate parklands for this
subdivision is provided, the Planning Staff is recommending that a public parkland easement for
that portion of Lot 15 reserved for the Interim Park is executed at the Gallatin County Clerk and
Recorder’s Office until the development of Miller Park is resolved and/or adequate dedicated
parkland is provided for Meadow Creek Subdivision, Phase 2.
The Final Park and Trail Master Plan must provide an improvements schedule and time line that
outlines those improvements to be installed by the developer, by the homeowner’s association,
and/or by others, as well as the improvements schedule for completion. The timeline will also need
to outline the schedule for improvements to the Interim Park and how the schedule may be affected
by the development of Miller Park.
4. Effects on the Natural Environment
With exception to the unnamed water course, associated wetlands, and mature vegetation discussed
by the staff report, no additional significant physical or topographical features have been identified
(i.e., outcroppings, geological formations, steep slopes). Any mitigation and enhancement of
wetlands will occur only with the approval of 310 and/or 404 Permits from the Gallatin County
Conservation District and Army Corp of Engineers. Groundwater quality will be protected by the
installation of municipal sanitary sewer services and appropriate measures are proposed by the
developer with residential construction. Provisions have been discussed in the applicant’s
submittal to address the control of noxious weeds, agricultural fencing and maintenance of park
land/open space, and will be further addressed with the protective covenants and compliance with
the recommended conditions of approval.
5. Effects on Wildlife and Wildlife Habitat
The historical use of the property for agricultural purposes has limited the potential for
development of significant areas of mature vegetation. No known endangered species or critical
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Meadow Creek Subdivision, Phase 2 – Findings of Fact and Order 8
game ranges have been identified on the proposed subdivision. The Department of Fish, Wildlife
& Parks has not identified any impacts on wildlife and wildlife game range habitat with this
development proposal. Therefore, no significant effects on major wildlife game and their habitat
should occur as a result of the proposed residential major subdivision.
6. Effects on Public Health and Safety
The intent of the regulations in 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.
All subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, M.C.A., 1995
regardless of compliance with master plan status. As a result, the Planning Office has reviewed this
application against the listed criteria and further provides the following summary review:
B. Compliance with survey requirements provided 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 prepared as a preliminary plat in accordance with the state statute
and the Bozeman Municipal Code. Prior to filing of any plat(s) for this subdivision, said plat(s)
must comply with the survey requirements in Part 4 of the Montana Subdivision and Platting Act
and will be filed in the Gallatin County Clerk & Recorder's Office upon review and approval by
City staff.
C. Compliance with the local subdivision regulations provided for in Part 5 of the Montana
Subdivision and Platting Act.
The final plat shall comply with the standards identified and referenced in the Unified
Development Ordinance (UDO). The applicant is advised that unmet code provisions, or code
provisions that are not specifically listed as a condition of approval, does not, in any way, create a
waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
The following requirements are standards of the Bozeman Unified Development Ordinance and
shall be addressed on the final plat:
a. Pursuant to Section 18.06.040.D.6 of the BMC, conditional approval of the Preliminary Plat
shall be in force for not more than one calendar year for minor subdivisions, two years for
single-phased major subdivisions and three years for multi-phased major subdivisions. Prior
to that expiration date, the developer may submit a letter of request for the extension of the
period to the Planning Director for the City Commission’s consideration. The City
Commission may, at the written request of the developer, extend its approval for no more
than one calendar year, except that the City Commission may extend its approval for a period
of more than one year if that approval period is included as a specific condition of a written
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Meadow Creek Subdivision, Phase 2 – Findings of Fact and Order 9
subdivision improvements agreement between the City Commission and the developer,
provided for in §18.74.060, BMC.
b. 18.04.050 - Water rights, or cash-in-lieu thereof, as calculated by the City Engineer’s Office,
is due with each final plat(s) of the major subdivision.
c. 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.
d. 18.42.040.B “Block Lengths” - All block lengths shall not be more than 400 feet in length or
less than 300 feet in length, unless a variance to Section 18.42.040.B of the Bozeman Unified
Development Ordinance is granted by the City Commission.
e. 18.42.050 “Utilities” - 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 “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. All utility easements to be noted on the
Final Plat for each typical subdivision lot/block, exclusive of notations on the final plat.
g. 18.42.060.D.4 – States that storm water runoff from a development shall not be discharged
directly to an irrigation facility. This will further require all storm water facilities to be
designed in a manner that addresses the criteria set forth by the Planning Office
h. 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. All cluster mail boxes must be ADA accessible and placed
accordingly. It shall not be the responsibility of the City to maintain or plan any mail delivery
area constructed within a City right-of-way.
i. 18.42.150 – That the Lighting Plan shall reflect the standards outlined in the U.D.O. A
lighting plan shall be submitted for review and approval prior to the contracting, creation of
an SLID and installation of the lights. The plan shall include a pole light detail with spacing
based on high pedestrian conflict, a local street pole light at one per local street intersection,
and a bollard light detail for placement at pathway/street intersections. All lights including
the bollard light shall conform to the City’s requirement for cut-off shields.
j. 18.44.010.A “Streets” - When a proposed development adjoins undeveloped land, and access
to the undeveloped land would reasonably pass through the new development, streets within
the proposed development shall be arranged to allow suitable development of the adjoining
undeveloped land. Streets within the proposed development shall be constructed to the
boundary lines of the tract to be developed, unless prevented by topography, or other physical
conditions, in which case a subdivision variance must be approved by the City Commission.
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Meadow Creek Subdivision, Phase 2 – Findings of Fact and Order 10
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 language stating the minimum provisions for one-stall and two-stall car garages as
outlined by Administrative Policy No. 2007-03.
m. 18.48.050.F “Street Frontage’ – The homeowner’s association documents shall contain
language stating that all street rights-of-way contiguous to or within the proposed
development site not used for street pavement, curbs, gutters, sidewalks or driveways (i.e.,
street boulevards) shall be landscaped, as defined in the Bozeman Municipal Code, and shall
include one (1) large canopy tree for each 50 feet of total street frontage rounded to the
nearest whole number.
n. 18.48.070 “Landscaping of Public Lands” - Requires the subdivider to install irrigation, sod
and street trees on all external streets (i.e., South 19th Avenue) and adjacent to public parks or
other open spaces. Trees may not be located within 10 feet of sewer and water services.
Sewer and water services shall be shown on the landscaping plan of the park and open space
plan, and approved by the Water/Sewer Superintendent. A landscape plan prepared by a
certified nurseryperson shall be submitted, identifying the location and tree species to be
installed by the developer, prior to installation of the trees or prior to final plat approval,
whichever comes first.
o. 18.48.070 – Irrigation, sod and street trees on all external streets and adjacent to public parks
or other opens spaces is required of the developer. It is recommended that internal streets
also be landscaped with boulevard trees to maintain consistency with an urban streetscape
throughout the subdivision. 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 final plat,
whichever comes first.
p. 18.50.020 “Park Area and Open Space Requirements’ - Subject to the review and
recommendation of the Recreation and Parks Advisory Board, the Parks and Recreation
Superintendent and final approval by the City Commission the proposed parkland dedication
requirements. 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.
q. 18.50.040 – The Park Master Plan will need to clearly identify who is responsible for
improvements to the public parkland. Any reference to “by others” will need to be clearly
outlined as to responsibility of improvements (i.e., homeowner’s association, City of
Bozeman, etc.). It is recommended that as part of the neighborhood center for this
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Meadow Creek Subdivision, Phase 2 – Findings of Fact and Order 11
subdivision park that the tot lot and associated landscape improvements be installed by the
developer.
r. 18.50.060 - Dedicated park land shall have frontage along 100 percent of its perimeters on
public or private streets, unless otherwise noted and as reviewed and permitted under Section
18.50.060 through the construction of pedestrian access, off street parking and improvements
within the park area as approved in the respective final park plan(s). This further implies that
all streets adjacent to parkland for each phase of the major subdivision must be improved
with said phase.
s. 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.
All storm water retention or detention facilities may be located within a park but not counted
towards the final parkland dedication. All areas identified in the subdivision for the purposes
of retention/detention storm water facilities shall be noted on the subdivision plat as
“Common Areas” owned and maintained by the property owner's association, and noted
accordingly in the property owner's association documents, for review and approval by the
Planning Office. All storm water facilities must be designed in a fashion that is landscaped as
effective landscape features (i.e., not rectangular or box-like), with slopes not more than 1:4 ,
or 25%, with an average depth of not more than two feet. All collection and outlet facilities
must also be properly landscape and screened from the general public. All storm water
facility outlet structures will be properly landscape and a minimum distance of not less than
thirty (30) from any watercourse high water mark will be required. Placement and design of
the facilities will be approved by both the City Engineer’s Office and Planning Office.
t. 18.50.090 “Waiver of Park Maintenance District - Waivers of right to protest creation of
special improvement districts (SIDs) for a park maintenance district shall be executed and
submitted by the developer with the final plat to be filed with the Gallatin County Clerk and
Recorder at the time of final plat recordation.
u. 18.50.110 – Pathways must be maintained by the developer in conformance with the
approved maintenance plan until 50% of the lots are sold. Thereafter, the homeowner’s
association is responsible for pathway maintenance. Plans and specifications for the trail will
need to be reviewed by the Parks Department prior to construction. A 6-foot wide Type II
Class trail is recommended along the watercourse corridor with the placement appropriate
pedestrian crossings at all intersections with interior subdivision streets. A typical cross
section of the public trail shall be included in the landscape guidelines and will include trail
specifications, typical landscape guidelines, and site grading plans for review and approval
prior to final plat approval.
v. 18.72.030 “Covenants” - 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 the following items:
1) the orientation and setback for corner lots, 2) additional setbacks required when adjacent to
pathway corridors (i.e., P.A.C. corridors) and South 19th Avenue, 3) access to townhouses
from alleys and the setback requirements for garages and/or parking stalls, 4) provisions for
fences (i.e., sight vision triangle, protection and maintenance of adjacent agricultural fences,
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Meadow Creek Subdivision, Phase 2 – Findings of Fact and Order 12
etc.), 5) provisions for snow removal, maintenance and upkeep of all common areas, public
and private parklands, trails, storm water runoff facilities, 6) a Development Manual that
outlines architectural and landscape guidelines for each individual lot and/or phase of the
subdivision, including placement of boulevard trees at a regular spacing for each residential
lot, 7) list of permitted land uses, 8) a 25-foot setback off of South 19th Avenue, with 20-foot
setbacks off of Graf Street, Blackwood Street, and South 27th Avenue for all lots fronting
onto the minor arterial streets or collectors, 9) provisions that outline the renewal of an annual
contract with a certified landscape nursery person for the upkeep and maintenance of all
parklands, common open space, trails, etc., 10) landscape details for detention ponds, outlet
structures, boulevard trees, parkland, irrigation, etc., 11) mitigation of groundwater with
established floor elevations and no basement restriction, 12) provisions for the maintenance
of agricultural fences and no trespassing on adjacent properties during construction activity,
13) architectural guidelines for residential character, porches, fenestration treatment,
placement of garages, boulevard trees, 14) noxious weed control, 15) parking within
residential structures, 16) assessment of existing and future Special Improvement Districts,
17) protection of downstream water users, 18) no basement restriction, and 19) floor
elevations constructed a minimum of two (2) feet or more above the base flood elevation.
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. 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.
w. 18.74.020.A.2 - 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.
x. 18.74.030 “Completion of Improvements” - 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.
y. 18.74.030.B.2 “Sidewalks” – The final plat and homeowner’s association documents shall
include language stating that “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
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Meadow Creek Subdivision, Phase 2 – Findings of Fact and Order 13
notice, construct within 30 days, said sidewalk for their lot(s), regardless of whether other
improvements have been made upon the lot.”
z. 18.78.060.G - A professional cultural resource inventory of the site to be conducted by a
qualified archeologist is necessary, unless otherwise provided. The results of said survey
must be provided to the Planning Office and the State Historic Preservation Office prior to
the disturbance of any of the subdivision grounds.
aa. 18.78.070.C – 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.
bb. 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.
cc. 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.
dd. 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.
ee. Section 18.50.040 – The Park Master Plan will need to clearly identify who is responsible for
improvements to the public parkland. Reference to “by others” will need to be more clearly
outlined as to responsibility of improvements (i.e., homeowner’s association, City of
Bozeman, etc.). It is recommended that as part of the neighborhood center for this
subdivision park that the tot lot and associated landscape improvements along South 19th
Avenue be installed by the developer.
ff. Section 18.50.110 – Pathways must be maintained by the developer in conformance with the
approved maintenance plan until 50% of the lots are sold. Thereafter, the homeowner’s
association is responsible for pathway maintenance. Plans and specifications for the trail will
need to be reviewed by the Parks Department prior to construction. A Type II Class trail is
recommended along the watercourse corridor with the placement appropriate pedestrian
crossings at all intersections with interior subdivision streets. A typical cross section of the
public trail shall be included in the landscape guidelines and will include trail specifications,
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Meadow Creek Subdivision, Phase 2 – Findings of Fact and Order 14
typical landscape guidelines, and site grading plans for review and approval prior to final plat
approval.
gg. Section 18.72 outlines the requirements for Covenants. In addition, keep in the mind the
following items when drafting your covenants for final plat approval: 1) the orientation and
setback for corner lots, 2) additional setbacks required when adjacent to pathway corridors
(i.e., P.A.C. corridors), 3) access to townhouses from alleys and the setback requirements for
garages and/or parking stalls, 4) provisions for fences (i.e., sight vision triangle, protection
and maintenance of adjacent agricultural fences, etc.), 5) provisions for maintenance and
upkeep of all common areas, public and private parklands, trails, storm water runoff facilities,
6) a Development Manual that outlines architectural and landscape guidelines for each
individual lot and/or phase of the subdivision, including placement of boulevard trees at a
regular spacing for each residential lot, 7) list of permitted land uses in both the R-3 and R-4
zoning designations, 8) a 25-foot setback off of South 19th Avenue, with 20-foot setbacks off
of Graf Street, Blackwood Street, and South 27th Avenue for all lots fronting onto the minor
arterial streets or collectors, 9) provisions that outline the renewal of an annual contract with
a certified landscape nursery person for the upkeep and maintenance of all parklands,
common open space, trails, etc., 10) landscape details for detention ponds, outlet structures,
boulevard trees, parkland, irrigation, etc., 11) mitigation of groundwater with established
floor elevations and no basement restriction, 12) provisions for the maintenance of
agricultural fences and no trespassing on adjacent properties during construction activity, and
13) architectural guidelines for residential character, porches, fenestration treatment,
placement of garages, boulevard trees.
hh. Section 18.78.070.D – the Final Park Plan must be submitted, reviewed and approved prior to
submitting for Final Plat approval of the first phase of the major subdivision. Four bound
copies of the plan shall be submitted to the Planning Office for review and approval prior to
installation of any improvements or upon Final Plat approval, whichever comes first. The
document shall address all of the criteria outlined in Section 18.78.060.P.
The developer will submit a formal development plan signed by a certified landscape
architect for the design of all dedicated parklands within said subdivision for review and
approval by the Superintendent of Facilities and Public Lands, and Bozeman Recreation and
Parks Advisory Board. Details of plantings, species, topography, irrigation system, and any
permanent park features shall be shown and discussed with the plan. Construction of the
parkland improvements will be to City standards and must be completed with City oversight.
Improvements shall be installed within all dedicated parklands according to the
Implementation Plan and schedule approved by the Superintendent of Facilities and Lands,
and the Recreation and Parks Advisory Board.
ii. Section 18.78.060.G - A professional cultural resource inventory of the site to be conducted
by a qualified archeologist is necessary. The results of said survey must be provided to the
Planning Office and the State Historic Preservation Office prior to the disturbance of any of
the subdivision grounds.
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Meadow Creek Subdivision, Phase 2 – Findings of Fact and Order 15
jj. Section 18.78.070.C – 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.
kk. That the applicants verify that that all subdivision lots have the minimum required lot width
at the front yard setback.
ll. That the final plat shall comply with Section 16.08.070 “Final Plat” and Chapter 16.32
“Certificates” of the City of Bozeman Subdivision Regulations, and shall conform to all
requirements of the Uniform Standards for Final Subdivision Plats including provisions for
all appropriate certificates and language, certification from the City Engineer that as-built
drawings for public improvements were received, and accompanied by all appropriate
documents, including a Platting Certificate. Four (4) mylar copies of the final plat must be
submitted for final plat approval, along with two (2) digital copies of the final plat, on a
double sided, high density 3½-inch floppy disk; and five (5) paper prints.
mm. That the applicant obtain Montana Department of Environmental Quality approval of the
subdivision prior to Final Plat approval pursuant to Section 16.16.101 through 16.16.805
A.R.M.
nn. That the applicant execute and file with the final plat a waiver of right-to-protest creation of a
city-wide park maintenance district for review and approval by the City of Bozeman for
maintenance and upkeep of dedicated park land and trail system prior to Final Plat approval
(may have been done with the Annexation Agreement).
oo. The final plat shall provide public utility easements along side and rear lots lines as required
by the subdivision regulations. However, in the event front yard easements are used, side and
rear yard easements must still be provided on the plat unless written confirmation is
submitted to the Planning Office from all utility companies indicating that front yard
easements are adequate to service said subdivision lots. The easement notation required in
Section 18.12.020 of the Unified Development Ordinance shall also be provided on the final
plat.
pp. The subdivider shall ensure that all construction material and other debris are removed from
the subdivision prior to final plat approval, or prior to release of said financial guarantee, if an
Improvements Agreement is necessary with the final plat.
qq. That the developer shall enter in an Improvements Agreement 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 installation
of all improvements, the developer shall supply the City of Bozeman with an acceptable
method of security equal to one hundred fifty (150) percent of the cost of the remaining
improvements.
rr. That the developer shall have three (3) years from the date of Preliminary Plat approval to
complete the conditions of preliminary plat approval and apply for Final Plat approval. At
the end of this period the City Commission may, at the written request of the subdivider,
extend its approval for a period of no more than one (1) calendar year except that the City
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Meadow Creek Subdivision, Phase 2 – Findings of Fact and Order 16
Commission may extend its approval for a period of more than one (1) year if that approval
period is included as a specific condition of a written subdivision improvements agreement
between the City Commission and the subdivider, provided for in Chapter 16.22 of the
Bozeman Subdivision Regulations.
ss. Stormwater Master Plan - A Stormwater Master Plan for the subdivision for a system
designed to remove solids, silt, oils, grease and other pollutants from the runoff from the
private and public streets and all lots must be provided to and approved by the City Engineer.
The master plan must depict the maximum sized retention basin location, show location of
and provide easements for adequate drainage ways within the subdivision to transport runoff
to the stormwater receiving channel. The plan shall include sufficient site grading and
elevation information (particularly for the basin site, drainage ways and finished lot grades),
typical stormwater detention/retention basin and discharge structure details, basin sizing
calculations and a stormwater maintenance plan.
Any stormwater ponds located within 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., lot runoff, public or private streets, common open
space, parks, etc.) shall not be located on easements within privately owned lots.
While the runoff from the individual lots will be dependent on the intensity of use on each
lot, the maximum sizing of the storm retention facilities for each lot will be established based
on maximum site development. Final facility sizing may be reviewed and reduced during
design review of the FSP for each lot.
tt. Plans and specifications and a detailed design report for water and sewer main extensions,
storm sewer and the public street, prepared by a Professional Engineer, shall be provided to
and approved by the City Engineer and the Montana Department of Environmental Quality.
The Applicant shall also provide Professional Engineering services for construction
inspection, post-construction certification, and preparation of mylar record drawings.
Construction shall not be initiated on the public infrastructure improvements until the plans
and specifications have been approved and a pre-construction conference has been conducted.
No building permits shall be issued prior to substantial completion and City acceptance
of the required infrastructure improvements.
uu. 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.
vv. 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 plat and in the covenants for the subdivision.
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Meadow Creek Subdivision, Phase 2 – Findings of Fact and Order 17
ww. The location of existing water and sewer mains shall be properly depicted. Proposed main
extensions shall be noted as proposed.
xx. The Montana Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality
and Army Corps of Engineer's shall be contacted regarding the proposed project and any
required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to FSP
approval.
yy. Easements for the water and sewer main extensions shall be a minimum of 30 feet in width,
with the utility located in the center of the easement. In no case shall the utility be less than
10 feet from the edge of easement.
zz. Project phasing shall be clearly defined including installation of infrastructure.
aaa. 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.
bbb. 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.
ccc. All construction activities shall comply with section 18.74.020.A.2. of the Unified
Development Ordinance. This shall include routine cleaning/sweeping of material that is
dragged to adjacent streets. The City may require a guarantee as allowed for under this
section at any time during the construction to ensure any damages or cleaning that are
required are complete. The developer shall be responsible to reimburse the City for all costs
associated with the work if it becomes necessary for the City to correct any problems that are
identified.
D. Compliance with the local subdivision review procedures provided in Part 6 of the Montana
Subdivision and Platting Act.
The meeting before the Planning Board and hearing before the City Commission have been
properly noticed, as required by the Bozeman Unified Development Ordinance. The notice was
mailed to all adjoining property owners by certified mail and noticed in the Bozeman Daily
Chronicle. Based on the recommendation of the D.R.C. 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.
E. Provision for 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.
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Meadow Creek Subdivision, Phase 2 – Findings of Fact and Order 18
F. Provisions of legal and physical access to each parcel.
The proposed lots will gain access from frontage on internal local streets or alleys. The final plat
shall include a public access easement for all areas labeled as “open space” and for all streets/alleys
if they are not dedicated to the public in order to comply with Section 18.44.090.B of the UDO.
XIII.
After considering all matters of record presented at the public hearing, the City Commission
found that the requested variances to the City of Bozeman Unified Development Ordinance and
proposed preliminary plat for Meadow Creek Subdivision, Phase 2 would comply with the primary
review criteria, City of Bozeman Growth Policy, requirements the 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.
ORDER
THEREFORE, IT IS HEREBY ORDERED, on a vote of 5-0, that the requested variances to
the Uniform Development Ordinance for: 1) Section 18.42.040.B - “Block Length”, 2) Section
18.44.010.A - “Relation to Undeveloped Areas”, and 3) Section 18.44.050 - “Street and Road Right Of
Way Width and Construction Standards” for Meadow Creek Subdivision, Phase 2 be approved.
THEREFORE, IT IS HEREBY FURTHER ORDERED, on a vote of 5-0, that the Preliminary
Subdivision Plat of Meadow Creek Subdivision, Phase 2 be approved, subject to the following
conditions:
1. 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
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Meadow Creek Subdivision, Phase 2 – Findings of Fact and Order 19
provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any
way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or
state law.
2. The applicant shall submit with the application for Final Plat review and approval, a written narrative
stating how each of the conditions of preliminary plat approval and noted code provisions listed in the
staff report have been satisfactorily addressed, and shall include a digital copy (pdf) of the entire Final Plat
submittal. This narrative shall in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet,
note, covenant, etc. in the submittal.
3. That phasing for the major subdivision shall be clearly delineated using phase letters, in-lieu of
numbers (i.e., Phase 2A, 2B, 2C, 2D, 2E).
4. That the 50-foot wide watercourse setback shall be identified and dimensioned accordingly on
the final plat.
5. That the 100-year floodplain boundary shall be delineated on the final plat(s).
6. That the final plat(s) 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 homeowner’s association.
7. That the final plat(s) contain a notation that all finished floor elevations shall be a minimum of 18
inches above the top of the curb in front of the residence or building. This building restriction
shall also be addressed and demonstrated in the covenants/development guidelines.
8. The final plat and homeowner’s association documents shall reference a 25-foot yard setback
along the arterial road, South 19th Avenue.
9. Lot 1-3, Block 20 shall be restricted to development as single family dwelling lots and noted
accordingly on the final plat and in the homeowner’s association documents, unless otherwise
reviewed and approved for multi-family development. Should subsequent development other
than for single family dwellings occur, cash-in-lieu of park dedication requirements shall be met
by the property owner for any additional density in accordance with the BMC. This note shall be
recorded on the individual lots in a manner that will appear on a title search.
10. A note shall be included on the plat for all multi-family lots describing public park dedication
allowances; e.g. park dedication requirements for Lot 1, Block 26 and Lot 1, Block 27 have been
met for 12 dwelling units per acre, at the time of subsequent development, when net residential
density becomes known, cash-in-lieu of park dedication requirements shall be met by the
property owner for any additional density in accordance with the BMC. This note shall be
recorded on the individual lots in a manner that will appear on a title search.
11. 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.).
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Meadow Creek Subdivision, Phase 2 – Findings of Fact and Order 20
12. That the applicants execute at the Gallatin County Clerk and Recorder’s Office a public parkland
easement for that portion of Block 15 to be reserved for an Interim Park with the filing of the
subsequent second phase until such time that the development of Miller Park is resolved and/or
adequate dedicated parkland is provided for Meadow Creek Subdivision, Phase 2.
13. Development of the interim park in Block 15 shall occur within one (1) year of final plat
approval of the subsequent second phase. Said improvements to the interim park shall be
described in the Parks Master Plan as approved by the Recreation and Parks Advisory Board and
City Commission, and reviewed and approved by the City of Bozeman Parks Department and
Planning Office.
14. 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 permit 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.
15. A six-foot wide Type II public pedestrian and bicycle trail within a 30-foot wide public access
easement shall be installed along the Shady Lane linear park, originating at the intersection of
South 20th Avenue and Lance Drive, and continuing north until its termination at South 20th
Avenue and Nicole Drive. The final location and placement of the trail and/or creek crossings
shall be determined by Parks and Recreation Department in concert with the Recreation PAB and
GVLT.
16. Sidewalks along park land should be constructed to a six foot width to accommodate snow
removal equipment and adequate pedestrian and bicycle access.
17. The final plat shall provide all necessary utility easements and shall be described, dimensioned
and shown on each subdivision block of the final plat in their true and correct location. Any rear
or side yard utility easements not provide will require written confirmation from ALL utility
companies providing service indicating that rear or side yard easements are not needed.
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Meadow Creek Subdivision, Phase 2 – Findings of Fact and Order 21
18. 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:
“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. The finish floor of all
residential structures shall be not less than two (2) feet above the established elevation from the top of
curb of the adjoining street.”
19. Should the subdivider propose subdivision perimeter fencing, a fencing plan that includes plans
and specifications to fence the perimeter of the project shall be provided for review and approval
prior to final plat approval. Fences located in the front, side or rear yard setback of properties
adjacent to any park or open space shall not exceed a maximum height of 4 feet, and shall be of
an open construction designed in a manner to be consistent along all park land and open space
areas. This requirement with appropriate exhibits of fence types shall be addressed and
illustrated in the home owner’s association documents.
20. Buildings constructed on lots fronting along South 19th Avenue shall either front onto the
roadway and/or have double-front architectural features facing the roadway as found on the front
of the dwellings units, for example; end gables, covered porches, varied roof lines, multiple
façade materials, varied façade plane, and decorative lighting. These architectural requirements
shall be addressed and demonstrated in the homeowner’s covenants/development guidelines. The
homeowner’s association documents shall also specify that a maximum 4’ tall fence, with
coordinated design detail, is permitted along the back of these lots.
21. Homeowner’s association documents shall address the requirements for street trees, a City of Bozeman
planting permit for street trees and obtaining utility locates before any excavation begins in the City of
Bozeman right-of-way. The covenants shall include a planting note stating that the planting hole shall be
at least twice the diameter of the root ball, that the root flare of the newly planted tree is visible and above
ground, and there should be a mulch ring 3’- 4’ in diameter around each newly planted boulevard tree.
22. Street lighting, including pathway intersection lighting, shall be installed by the subdivider. Light
locations and specifications shall be provided to the City Engineer for review and approval with the public
improvements plans and specifications. All street light poles shall be installed a minimum of 10’ from any
water or sewer main or appurtenance.
23. 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.
24. 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.
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Meadow Creek Subdivision, Phase 2 – Findings of Fact and Order 22
25. A 1’ No Access Strip shall be shown on the plat along the entire frontage of 19th and on both
sides of Edward Drive from the 19th right of way line west 150’.
26. All weather access roads shall be installed to provide access to all sewer mains that are not
located within an existing street.
27. Water mains shall be looped to provide service from 2 separate mains for each phase of the
subdivision.
28. The easement for the offsite water main that was installed east of 19th as part of Meadow Creek
Phase I shall be submitted prior to final plat approval for any phase of this subdivision.
29. All subdivision streets shall be extended to the boundary of the subdivision in accordance with
18.44.010.A unless a variance is granted by the City Commission.
30. Temporary turnarounds meeting City of Bozeman requirements along with associated easements
shall be installed on any dead end street which is more than 1 lot width long for any/all phases of
the subdivision.
31. Any sewer or water service that ends up closer than 10’ to a side property line as a result of the
newly proposed lot layout shall be abandoned and a new service installed in the standard
location. Services which end up in non-standard location, but further than 10’ from side property
lines may remain.
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. The preliminary approval of this subdivision
shall be effective for three (3) years from the date of Preliminary Plat approval, March 21, 2011. At
the end of this period the City Commission may, at the request of the subdivider, extend its approval
for not more than one (1) calendar year. However, preliminary approval may be extended for more
than one (1) calendar year if the developer enters into, and secures, an Improvements Agreement for
the Subdivision.
DATED this day of , 2011.
40
Meadow Creek Subdivision, Phase 2 – Findings of Fact and Order 23
BOZEMAN CITY COMMISSION
JEFFREY K. KRAUSS
Mayor
ATTEST:
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
_______________________________
GREG SULLIVAN
City Attorney
41