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HomeMy WebLinkAboutAmended Plat of Lot 1, Block 4, Meadow Creek Subdivision, Phase 1 Findings of Fact and Order Public Hearing_4 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Dave Skelton, Senior Planner Wendy Thomas, Director of Community Development SUBJECT: Amended Plat of Lot 1, Block 4, Meadow Creek Subdivision, Phase 1 Preliminary Plat Application #P-13004 - Findings of Fact and Order MEETING DATE: June 8, 2013 AGENDA ITEM TYPE: Consent Agenda RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the preliminary plat application for the amended plat of Lot 1, Block 4, Meadow Creek Subdivision, Phase 1. BACKGROUND: On April 22, 2013 the City Commission held a public hearing on an application for preliminary plat approval for the amended plat of Lot 1, Block 4, Meadow Creek Subdivision, Phase 1. 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. To proceed with submitting a final plat application for the initial phase(s) of the subdivision, the applicant must have in hand a dated and signed Findings of Fact and Order. 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. Attachment: Findings of Fact Subdivision Preliminary Plat Report compiled on: June 27, 2013 14 Lot 1, Block 4, Meadow Creek Subdivision, Phase 1 – Findings of Fact and Order 1 Return To: City of Bozeman Department of Community Development P.O. Box 1230 Bozeman, MT 59771-1230 BEFORE THE BOZEMAN CITY COMMISSION IN THE MATTER OF THE APPLICATION OF FINDINGS OF FACT BOZEMAN 1 LLC FOR PRELIMINARY PLAT AND ORDER REVIEW OF A TEN LOT MAJOR SUBDIVISION OF LOT 1, BLOCK 4, MEADOW CREEK SUBDIVISION, PHASE 1 CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA PURSUANT to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-625, Montana Codes Annotated, and the City of Bozeman Growth Policy and City of Bozeman Unified Development Ordinance, a public hearing was scheduled, after notice given, before the Bozeman City Commission on April 22, 2013, on the above-entitled application. The applicant presented to the City Commission a proposed amended preliminary plat application for a Major Subdivision to subdivide 2.4393 acres and create ten single-household residential lots. The purpose of the public hearing was to consider all relevant evidence relating to public health, safety, and welfare, including the required environmental assessment and recommendation of the Development Review Committee, to determine whether the plat should be approved, conditionally approved, or disapproved. It appeared to the City Commission that all parties and the public wishing to appear and comment were given the opportunity to do so, and therefore, being fully advised of all matters having 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 an amended plat for Lot 1, Block 4, Meadow Creek Subdivision, Phase 1, a ten-lot residential subdivision, was submitted to 15 Lot 1, Block 4, Meadow Creek Subdivision, Phase 1 – Findings of Fact and Order 2 the City of Bozeman Department of Planning and Community Development by C & H Engineering and Surveying, Inc., on January 30, 2013. The subject property is legally described as Lot 1, Block 4 Meadow Creek Subdivision, Phase 1, situated in the SE1/4 of Section 23, T2S, R5E, P.M.M., City of Bozeman, Gallatin County, Montana. On February 6, 2013 the application was deemed acceptable for initial review by the Department of Planning and Community Development. On March 6, 2013 the Development Review Committee determined the required submittal material containing the detailed supporting information was adequate to allow for the review process to continue. No variances to the Uniform Development Code have been requested with this preliminary plat application and no specific variances have been identified during the review of the preliminary plat application. II. The City of Bozeman Planning Board heard the matter of preliminary subdivision plat review of Lot 1, Block 4, Meadow Creek Subdivision, Phase 1 on April 2, 2013. The Planning Board found that the application was properly submitted and reviewed under the procedures of the City of Bozeman Unified Development Code, Chapter 38, Bozeman Municipal Code. 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 Code, phasing, zoning, existing infrastructure, physical features, and provisions for parkland and open space. The Planning Staff reported that as of the public hearing no public comment was received by the department on the matter of the preliminary plat application. Mark Chandler spoke on behalf of the landowner Bozeman 1, LLC and applicant McIntosh Construction, and discussed the proposal for alley loaded lots, zoning designation, density, sidewalks and subdivision design. III. The Planning Board then opened the public hearing to receive public comment and finding none closed the public testimony portion of the hearing. IV. 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 16 Lot 1, Block 4, Meadow Creek Subdivision, Phase 1 – Findings of Fact and Order 3 under the procedures of the City of Bozeman Unified Development Code and the adopted growth policy, the Planning Board reviewed and considered the facts against the criteria related in Title 76-3- 608, MCA, 2011. The Planning Board then discussed the applicant’s preliminary subdivision plat application, considered the recommended conditions prepared by the Planning Department, Development Review Committee and local review agencies, and discussed lot width/length ratio, front yard vegetation, alley design, on-street parking, street maintenance, and street design standards. Having heard and considered public comment, findings presented in the staff report, the Planning Board found that with the recommended conditions, that the subdivision preliminary plat application would comply with the primary review criteria, and therefore voted 5-0 to forward a recommendation of conditional approval to the Bozeman City Commission as set forth in Planning Resolution No. P-13004. V. The matter of the preliminary plat application for Lot 1, Block 4, Meadow Creek Subdivision, Phase 1 was considered by the City Commission at a public hearing on April 22, 2013. The Planning Staff reviewed the project at that time and forwarded the Planning Board's recommendation of conditional approval as set forth in Planning Resolution No. P-13004. VI. Mark Chandler of C & H Engineering and Surveying, Inc., representing the applicant stated that they have reviewed the recommended conditions of approval and finds all of the conditions of approval acceptable. The public hearing portion on this matter was then opened to hear public testimony on the matter with no members of the general public offering comment on the matter of the preliminary plat application. VII. The City Commission then considered the Planning Office staff report, Planning Board’s findings and recommendation, 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: 17 Lot 1, Block 4, Meadow Creek Subdivision, Phase 1 – Findings of Fact and Order 4 A. Primary Review Criteria 1. Effects on Agriculture The site is located within a developed urban part of the City being part of Meadow Creek Subdivision, Phase 1 and has no agricultural components that would be impacted by the proposed minor subdivision. 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, the applicant is reminded that they are subject Title 85, MCA protecting water rights, conveyance and agricultural water user facilities, and are therefore advised that they may be subject to those restrictions. 3. Effects on Local Services Water/Sewer: Municipal sanitary sewer and water mains exist in the West Graf Street, South 27th Avenue and Golden Sun Drive rights-of-way. A limited number of the existing service lines installed in 2006 for the multi-household lot will need to be redesigned and reviewed by the City Engineer’s Office to accommodate the proposed residential lots. Police/Fire: The property is located within the City’s Police and Fire emergency response area. Streets: Public streets in proximity to the subdivision currently exist as part of the subdivision’s street network for the major subdivision. No alterations to the present street network or egress/ingress access points are proposed with this application. Stormwater: The 10-lot subdivision was included in the Stormwater Master Plan reviewed and approved by the City Engineer’s Office for the original subdivision platted in 2006. No significant site or grading changes are proposed as part of this subdivision application. The subdivider is on notice that with any future development of the proposed lots the existing stormwater facilities will be reevaluated to meet City design standards and may require alterations prior to any City Engineering office approval. Parklands: Dedicated public parkland required with this subdivision was met with the approved park master plan and public parkland dedicated with the final plat for phase one. The applicant does not propose the construction of any public trails with this development and the Parks, Recreation, Open Space, & Trails (PROST) Plan does identify the need for any pedestrian corridors within the context of this site. The workforce housing ordinance will not apply to this application as the housing plan has been suspended while the City of Bozeman considers alternatives to implement the affordable housing plan. Utilities: All private utilities (electricity, gas, cable and phone utilities) currently exist in the adjacent streets or within utility easements on the subject property. 4. Effects on the Natural Environment This property is located in an area of the City which has been identified and developed for residential uses at urban density and no changes are proposed that would impact the natural environment. 5. Effects on Wildlife and Wildlife Habitat 18 Lot 1, Block 4, Meadow Creek Subdivision, Phase 1 – Findings of Fact and Order 5 No known endangered species or critical game ranges have been identified on the subject property. This area of the City has been identified and developed for urban purposes in a location of the City where no physical features, established vegetation or habitat exist, which reduces the potential for development of any wildlife habitat. 6. Effects on Public Health and Safety The intent of the regulations in Chapter 38 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 DRC 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 Code (UDC). 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 Code and shall be addressed with the final plat application: a. 38.03.040.A 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 with each subsequent request considered on its individual merits and consideration on criteria provided in 38.03.040.A, BMC. As a single-phased subdivision, conditional approval of this preliminary plat application shall be in force for not more than two years. b. 38.21.060.C.1 “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. c. 38.23.030.D, corner lots shall have sufficient width to permit appropriate building setbacks from both streets and provide acceptable visibility for traffic safety. 19 Lot 1, Block 4, Meadow Creek Subdivision, Phase 1 – Findings of Fact and Order 6 d. 38.23.050 “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. e. 38.23.060.B “Private Utilities” – The final plat and property owner’s association documents shall contain a note stating that if a utility easement is greater than the building setback required by Chapter 38, 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. f. 38.23.060.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 g. 38.23.120 - 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. h. 38.23.180 - 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. i. 38.25.020.A “Parking Dimensions” – The homeowners’ association documents shall include language stating the minimum provisions for one-stall and two-stall car garages as outlined by Section 38.25.020.A, BMC. j. 38.26.050.E “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. 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. k. 38.39.030 “Completion of Improvements” - 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. l. 38.39.030.B.2 “Sidewalks” – The final plat and property owner’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 notice, construct within 30 days, said sidewalk for their lot(s), regardless of whether other improvements have been made upon the lot.” 20 Lot 1, Block 4, Meadow Creek Subdivision, Phase 1 – Findings of Fact and Order 7 m. 38.41.050.A.8 – 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. n. 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. o. 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. p. 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. The City Engineer’s Office has identified the following code provisions and design standards that will apply to this application. a. Storm water Master Plan: Storm water 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. b. 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 storm water receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin site, drainage ways and finished lot grades), typical storm water detention/retention basin and discharge structure details, basin sizing calculations and a storm water maintenance plan. c. A Storm Water Management Permit (SMP) must be submitted and approved by the City Engineer prior to Final Site Plan Approval. The SMP requires submittals of an application form and a Storm Water Management Plan in compliance with the City of Bozeman’s Storm Water Management Ordinance #1763. The SMP is independent of any other storm water permitting required from the State of Montana, and does not fulfill the requirement to obtain a Storm Water Pollution Prevention Plan (SWPPP) if they are required for this development. A copy of the Notice of Intent (NOI), the Storm Water Pollution Prevention Plan (SWPPP), and the approval letter from the Montana Department of Environmental Quality shall be submitted to the City. d. Plans and specifications and a detailed design report for water and sewer main extensions, storm sewer and the public street, prepared by a Professional Engineer, shall be provided to and approved by the City Engineer and the Montana Department of Environmental Quality. The Applicant shall also provide Professional Engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a pre- construction conference has been conducted. All plans and specification shall comply with the current version (including all addenda) of the City of Bozeman Design Standards and Specifications Policy and the City of Bozeman Modifications To Montana Public Works Standard Specifications Sixth Edition that have been adopted at the time of approval of the plans and specifications. e. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements. f. 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 21 Lot 1, Block 4, Meadow Creek Subdivision, Phase 1 – Findings of Fact and Order 8 constructed prior to Final Plat approval. g. City standard residential sidewalks shall be constructed on all public street frontages of a property prior to occupancy of any structure on the property. Upon the third anniversary of the plat recordation of any phase of the subdivision, any lot owner who has not constructed said sidewalk shall, without further notice, construct within 30 days said sidewalk for their lot(s), regardless of whether other improvements have been made upon the lot. This condition shall be included on the final plat for the subdivision. h. The location of existing water and sewer mains shall be properly depicted. Proposed main extensions shall be noted as proposed. i. The alley drive approaches shall be constructed in accordance with the City's standard approach (i.e., concrete apron, sidewalk section and drop-curb) and shown as such the infrastructure plans. A City Curb Cut and Sidewalk Permit shall be obtained prior to initiation of construction. j. 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. k. Project phasing shall be clearly defined including installation of infrastructure. 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. l. 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. m. 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. n. All proposed private utilities to serve the subdivision shall be shown on the public infrastructure plans and specifications. o. Water rights or cash-in-lieu thereof shall be provided in accordance with Sec. 38.23.180 BMC Prior to final plat approval. p. A maintenance bond from the contractor to the owner naming the City as dual oblige shall be provided in accordance with Section C.3 Bonding, of City of Bozeman Design Standards and Specifications Policy. This shall remain in effect for the duration of the two year warranty period. D. Compliance with the local subdivision review procedures provided in Part 6 of the Montana Subdivision and Platting Act. The hearings before the Planning Board and City Commission have been properly noticed, as required by the Bozeman Unified Development Code. 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. 22 Lot 1, Block 4, Meadow Creek Subdivision, Phase 1 – Findings of Fact and Order 9 All utilities and necessary utility easements will be provided and depicted accordingly on the final plat for each phase. 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 common open space and for all streets/alleys if they are not dedicated to the public VIII. After considering all matters of record presented at the public hearings the City Commission found that the proposed preliminary plat for a major subdivision to subdivide 2.4393 acres and create ten residential, single-household lots would comply with the requirements of the Bozeman Unified Development Code and the Montana Subdivision and Platting Act if certain conditions were imposed. IX. After further considering all matters of record presented at the public hearing the City Commission found that preliminary subdivision plat for Lot 1, Block 4, Meadow Creek Subdivision, Phase 1 would comply with the primary review criteria, City of Bozeman Growth Policy, requirements the Bozeman Unified Development Code 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. The City Commission then discussed the recommended conditions of approval and moved to approve the preliminary plat application subject to the conditions presented in Planning Board Resolution #P-13004. The motion passed on a vote of 5-0. ORDER IT IS HEREBY ORDERED, on a vote of 5-0, that the Preliminary Subdivision Plat to subdivide 2.4393 acres and create ten residential, single-household lots has been found to meet the primary criteria of the Montana Subdivision and Platting Act, and is therefore approved, subject to the conditions listed below. The evidence as stated in the Findings of Fact, justifies the conditions imposed on the subdivision to ensure that the final plat complies with all applicable regulations, and all required criteria, that appropriate and safe vehicular and pedestrian circulation is provided, adequate infrastructure and public services are provided, and adequate public access, utility easements, and rights-of-way are provided. 23 Lot 1, Block 4, Meadow Creek Subdivision, Phase 1 – Findings of Fact and Order 10 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 three (3) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies; one (1) PDF copy; and five (5) paper prints. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. The applicant shall submit with the application for Final Plat review and approval, a written narrative stating how each of the conditions of preliminary plat approval and noted code provisions have been satisfactorily addressed, and shall include a digital copy (pdf) of the entire Final Plat submittal. This narrative shall be in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. 3. The subdivider shall provide the necessary declaration and recitals creating the property owner’s association bylaws and/or declaration of covenants, conditions and restrictions as being part of the existing Meadow Creek Subdivision property owners association for said major subdivision. 4. Per 38.24.090.C “Drive Access Requirements” – The spacing of individual drive accesses for individual residential lots on collector streets (i.e., South 27th Avenue and West Graf Street) is 330’ minimum for full access. This requires a one foot wide “No Access” strip along the frontage of South 27th Avenue and West Graf Street. All lots fronting onto the collector roads shall use the public alley for access to the lots; no driveway access from South 27th Avenue or West Graff Street will be permitted. This access restriction shall be addressed and demonstrated in the covenants, development guidelines and as a notation on the final plat or other recordable document acceptable to the City of Bozeman. The provisions in the property owner’s association documents fulfilling this condition shall be considered required by the City Commission pursuant to 38.38.030.A.5, BMC. 5. The subdivision lots situated along South 27th Avenue and West Graf Street shall have double- frontage architectural design features for dwellings facing onto the collector roads similar to that found with the building orientation onto the local street frontage; including, but not limited to covered porches, varied roof lines, multiple façade materials, varied façade plane, articulation and variation of materials. These architectural requirements shall be discussed and illustrated in the property owner’s restrictive covenants and development guidelines. The provisions in the property owner’s association documents fulfilling this condition shall be considered required by the City Commission pursuant to 38.38.030.A.5, BMC. 6. A Notice of Limited Access will be recorded with the final plat advising future builders and residents of the potential for limited egress/ingress points for private driveways from the public alley. Private driveways may not encroach into the 5-foot wide side yard setbacks required with each residential lot. 7. The applicant shall provide with the filing of the final plat payment of the estimated cost of topsoil, seed, and irrigation of one half of the future median of South 27th Avenue along the frontage of the subdivision. 24 Lot 1, Block 4, Meadow Creek Subdivision, Phase 1 – Findings of Fact and Order 11 8. That the final plat contain the following language that is readily visible on the plat 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.” 9. 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. 10. The runoff coefficient for the proposed layout shall be compared to the one that was used for the underlying subdivision. If the proposed layout results in a larger coefficient, retention/detention shall be provided to account for the difference. 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 one (1) year from the date of Preliminary Plat approval, or September 24, 2013. At the end of this period the City Commission may, at the written request of the subdivider, extend its approval as provided in the Bozeman Unified Development Ordinance for not more than one (1) calendar year. DATED this day of , 2013. BOZEMAN CITY COMMISSION SEAN A. BECKER, Mayor ATTEST: APPROVED AS TO FORM: ____________________________ Stacy Ulmen, City Clerk GREG SULLIVAN, City Attorney 25 26